GENERAL REGULATIONS OF THE ONLINE PORTAL EVISARUSSIA.ONLINE
1. GENERAL PROVISIONS
1. These Regulations specify general terms and conditions, principles and means of provision of the Services electronically through www.evisarussia.online (hereinafter referred to as the “Website” or “Site”) by Dawid Lisiecki who runs the business activity under the business name of “GTS Dawid Lisiecki”, address: ul. Wielka Skotnica 8d/64, 41-400 Mysłowice, entered into the Register of Entrepreneurs of the Central Register and Information on Economic Activity kept by the Minister of Entrepreneurship and Technology, Tax ID Number NIP: 2220914826, Statistical ID Number REGON: 382572708, hereinafter referred to as the Service Provider.
2. Contact with the Service Provider through:
a) e-mail to: contact@evisarussia.online,
b) contact form on the website.
3. These Regulations are continuously and free of charge published by the Service Provider on evisarussia.online, in a manner enabling the Users to acquire, reproduce and record the Regulations’ content by printing or saving on a carrier at any time via the IT system used by the User.
4. All rights to the Website, including proprietary copyrights, intellectual property rights to its name, domain, Site's webpage, as well as to forms, logotypes are owned by the Service Provider or entities cooperating with it, and the use of thereof may only be made in a manner specified in and in accordance with the Regulations.
5. It is prohibited to copy, reproduce, modify, multiply or distribute any part of the Site, the Service or its elements without a prior written consent of the Service Provider, except as expressly permitted by applicable law and the Regulations. The Service Provider may take actions, including legal proceedings, to protect own and the Users' interests.
6. The Service Provider reserves the right to place advertising content on the Site concerning the offered services, as well as goods and services of third parties, in the forms applied on the Internet. The use of such offers or services is not a part of the Site, and their principles are stipulated by appropriate third parties.
7. These Regulations specify in particular the principles regarding the use of the Website, types and scope of the Services, terms and conditions regarding the provision of the Services, terms and conditions on conclusion and termination of contracts for the provision of the Services and complaint procedure.
8. The Service Provider informs that the use of services provided by electronic means may be related to a hazard to every Internet user, consisting in the possibility of introducing malicious software into the User's IT system and obtaining and modifying the User’s data by unauthorized persons. To avoid the risk of the above-mentioned hazards, the User should use appropriate technical measures, in particular anti-virus software and firewalls.
9. The principles regarding the provision of other Services under the Site, including Paid Services, may be laid down in additional regulations.
2. DEFINITIONS
Terms used in this document mean as follows:
Website/Site – Website available under the domain of evisarussia.online, owned and administered by the Service Provider, under which the Users may use the Services offered by the Service Provider;
User – a natural person having full capacity to make acts in law acting on their own behalf or acting on behalf of a Minor or as a legal representative of a Minor who may use the Services available on the Site. The User may act on behalf of a Minor only if the User is entitled to such an action under the provisions of generally applicable law which the Minor is subject to, or on the basis of a final and non-revisable court decision or other relevant valid authorization of a competent body or court or on other legally significant basis;
Minor – a natural person not having full capacity to make acts in law or having other types of legally significant limitations regarding entering into obligations in accordance with Polish or other law that this person is subject to;
Consumer – the User being a consumer within the meaning of Article 22[1] of the Civil Code;
Order – the User's declaration of intent aiming directly at the conclusion of the Intermediation Contract between the User and the Service Provider, on the terms and conditions stipulated in these Regulations;
Country – the entity of public international law (country) indicated by the User, the Consulate of which or other authorized entity, the Service Provider will apply for E-Visa for the User or perform other activities on the User's behalf agreed by the parties under the Intermediation Contract;
Visa – a document (or promise) issued by authorized authorities of the Country, authorizing (bearer or person named therein) to enter the territory of the issuing Country (or receive a Visa at the border crossing). Entitlement resulting from the document may be limited in time or by number of entries, or otherwise, if the relevant Visa Regulations of the Country so specify;
E-Visa – Visa that has been issued electronically. E-Visa may be of various forms depending on the Visa regulations of the Country, including in particular electronic E-Visa - assigned to a passport number, or Paper E-Visa - issued as a computer file of a specific format, that requires printing and producing at the border crossing, or Visa Approval Letter - a promise to receive a Visa at the border crossing, it may be related with fees for affixing the right Visa);
Visa regulations (of the Country) – regulations of the Country regarding issuance of Visa and any other documents entitling to enter the territory of the Country;
Business days – from Monday to Friday, excluding public holidays;
Services – services provided by the Service Provider to the Users by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Contract – contract on provision of the Service entered into by and between the Service Provider and the User;
Intermediation Contract – contract on provision of the Intermediation Service for the User with regard to the scope stipulated in the Order. The Intermediation Contract is a due diligence contract;
Consumer Rights Act – act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Civil Code – Polish act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Regulations – this document.
3. PRINCIPLES ON THE USE OF THE SITE
1. The use of the Site may be done exclusively on the principles and within the scope specified in the Regulations.
2. To use the Website, the following minimum technical requirements must be met by the system the User uses:
a) device having an access to the Internet;
b) access to mailbox;
c) Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer;
d) the latest version of Internet browser with the service of Cookies and Java Script files enabled,
e) software to read PDF.
3. The User is obliged to use the Website in a manner consistent with the provisions of the law applicable in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of the Internet use.
4. It is prohibited to use the Site or the Services by the Users in any manner that violates the law, good morals, personal rights of third parties or legitimate interests of the Service Provider, and in particular the following is prohibited:
a) providing and transferring content prohibited by law, e.g. content promoting violence, defamatory content or content violating personal rights and other rights of third parties,
b) use of the Website in a manner that distorts its functioning, in particular through the use of specific software or devices,
c) actions such as sending or placing not ordered commercial information (spam) on the Website,
d) use of the Website in a manner that is not inconvenient for other Users and for the Service Provider,
e) use of any content published on the Website for personal use only.
4. RIGHTS AND OBLIGATIONS OF THE USERS
1. Under the Site, the Service Provider enables the Users to use the Services provided, in particular to view information on the Services provided by the Service Provider and other content published on the Site, as well as to conclude an Intermediation Contract on the terms and conditions specified in these Regulations.
2. The User is obliged to:
a) use the Site in a manner consistent with law, good morals, and the provisions of the Regulations, respecting personal rights and intellectual property rights of third parties,
b) enter data to the Site consistent with the facts and immediately inform on any changes regarding the data provided to the Service Provider,
c) refrain from using devices, software and methods that may disrupt the Site's operation,
d) refrain from providing illegal content.
3. It is prohibited to present or otherwise provide in forms or in any other place on the Site by Users, information containing content prohibited by law, contrary to good morals, or constituting acts of unfair competition. The content presented by Users must not in particular:
a) violate human dignity;
b) contain content discriminating on the basis of race, gender or nationality;
c) contain pornographic content;
d) disturb religious or political beliefs;
e) encourage to violate law;
f) contain content that violates law, including in particular copyright or other intellectual property rights, or encourages copyright infringement, including by sharing content that may violate copyright or other intellectual property rights.
4.The User may not take any action the purpose of which is to load mailboxes of other Users or the Service Provider, an in particular, it is prohibited to send advertising content.
5. Subject to the remaining provisions of these Regulations, the User has the right to withdraw from the contract for the provision of Services concluded with the Service Provider within 14 days from the date of the contract conclusion, without providing any reason, unless prior to the conclusion of the Contract, it agreed to provide the Service before the time limit specifying withdrawal from the contract, which results in the loss of this right.
6. To respect the time limit, it is sufficient to send the declaration before its lapse.
7. The time limit for the Contract withdrawal begins its run from the date of the Contract conclusion.
8. The template of declaration of withdrawal from the contract is specified in Annex 1 to these Regulations, while the User is not obliged to use that template.
9. Withdrawal from the contract should be sent with an electronic message to the Service Provider's e-mail address via the contact form or in writing, by registered mail, to the addresses laid down in point I of the Regulations.
10. Upon the receipt of the declaration on withdrawal from the Contract by the Consumer, the Service Provider will send confirmation of receipt of the declaration on withdrawal from the Contract to the Consumer's e-mail address.
11. In the event of withdrawal from a Distance Contract, the Contract is considered null and void. Services provided by the parties are returned unchanged, unless a change was necessary to establish the nature, characteristics and functionality of the Order. The return should be made immediately, not later than within 14 days. The order should be returned to the address of the Service Provider.
12. The Service Provider will immediately, however not later than within 14 days from the date of receipt of the Consumer's declaration on withdrawal from the Contract, return all payments to the Consumer that were made by the Consumer. The Service Provider reimburses payments by means of the same method of payment as the Consumer used, unless the Consumer agrees to a different method of reimbursement, and this method will charge the Consumer with any costs.
13. The User is entitled to, i.a., the following out-of-court means of complaint handling and pursuing claims:
a) has the right to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the User and the Service Provider;
b) has the right to apply to a permanent amicable consumer court at the Trade Inspection to settle the dispute arising from the concluded Sales Agreement;
c) may obtain free assistance in resolving the dispute between the User and the Service Provider, also using the free assistance of the local administration unit (municipal) consumer ombudsman or social organization whose statutory obligations include consumer protection (i.a. Consumer Federation, Association of Polish Consumers). Advices are provided by the Consumer Federation under the free consumer helpline number +48 800 007 707 and by the Association of Polish Consumers to the email address porady@dlakonsumentow.pl;
d) may also lodge a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
Information on the access to the above mentioned procedures of dispute settlement is published under: www.uokik.gov.pl, tab: “Rozstrzyganie sporów konsumenckich” (“Settlement of consumer disputes”).
5. SERVICES
1. The Services are provided on the terms and conditions laid down in this document.
2. The scope of Services rendered via the Site include:
a) Free of charge view of information on the Site,
b) Free of charge sharing of interactive contact form with the Service Provider,
c) Order of Intermediation Service against payment.
3. On the websites of the Site, the Service Provider published general information free of charge, including information on its business activity and functionality of the Site. The contract on provision of the Service involving review of information free of charge that is published on the Site, is concluded for definite period of time and is subject to termination upon the time of closing the website of the Site by the User.
4. The User may send a message to the Service Provider via the form available on the Site. The contract for the provision of the Service involving providing an interactive contact form is concluded for a definite period of time and is subject to termination upon the moment the User sends a message via the form.
5. The Service Provider provides the Users with the option of placing a Service Order against payment that consists of the Service Provider's intermediation and support for the User in submitting the application for issuance for the User of E-Visa of one of the countries determined in the Site (hereinafter referred to as: “Intermediation Service”). The scope of the Intermediation Service is each time described on the Site and may consist, in particular, in supporting the User in submitting relevant applications, paying due fees or consultations. The Intermediation Service is provided against payment, based on the Intermediation Contract. Detailed principles for the provision of the Intermediation Service and conclusion of the Intermediation Contract are laid down in the Site and in points VI-VII of these Regulations.
6. ORDERING OF INTERMEDIATION SERVICE
1. The Intermediation Service is rendered against payment and requires an Order to be placed on the Site.
2. When placing the Order, the User may be asked to inform whether the User has a valid Visa to a specific Country or has applied for it within last 90 days or within other period specified by the Service Provider.
3. The User acting on behalf of the Minor may be asked by the Service Provider to provide confirmation of the appropriate authority to act on behalf of such a person.
4. Information published on the Site, including information on the possibility of placing an Order, constitutes an invitation to conclude an Intermediation Agreement within the meaning of Article 71 of the Civil Code.
5. In order to place an Intermediation Service Order, the User completes information marked as mandatory in the order form available on the Site. The User is obliged in particular to provide personal data in the form that is needed to apply for an E-Visa in a specific Country.
6. Due to the requirements resulting from the relevant Visa regulations of the Country, the User may be requested to provide additional information or provide the Service Provider with copies of specific documents. Due to the same reason, the scope of data collected by the Recipient may differ, in particular, between the Users applying for E-Visa in different Countries or between the Users applying for E-Visa to the same Country, however of different nationalities.
7. By placing an Order, the User declares that all data provided by him/her in the Order is correct, complete and up-to-date, and therefore he/she is entitled to use it and does not violate the rights of third parties, and if the data provided to the Service Provider are changed or get obsolete, the User will immediately inform the Service Provider.
8. The Order is placed by the User to the Service Provider in electronic form and constitutes an offer of conclusion of the Intermediation Contract with regard to the scope stipulated in the Order. Upon confirmation of acceptance of the offer by the Service Provider, the Contract for the provision of Intermediation Services and/or other Services set forth in the Order is concluded and it is in accordance with the information available on the Site and in these Regulations.
9. The prices of the Services are provided in EUR, USD, GBP, PLN, CHF or any other currency available on the Site – as per the selection of the User, and it includes all components. The price for the Intermediation Service published on the Site includes elements of the Service as per its description. In order to avoid any doubts, the Service Provider informs that the prices for the Service in the Site do not include any activities beyond the scope of the Intermediation Service, including in particular charges related to visa documents paid at points of crossing (e.g. airports and seaports, border crossings).
10. Subject to the remaining provisions of the Regulations, the Intermediation Service is commenced when the Service Provider receives information from the electronic payment operator system on the payment being made by the User, and rendered as per the time limits stipulated on the Site.
11. Payment for the Intermediation Service is made via the electronic payment operator integrated with the Site, including a payment card or electronic bank transfer – at the discretion of the User.
12. On the Site’s websites, the Service Provider informs the User on the time limit regarding the payment for the Services ordered. If the User fails to make a payment before the time limit referred to in the previous sentence, upon a prior ineffective request for payment with an appropriate time limit specified, the Service Provider may withdraw from the Contract pursuant to Article 491 of the Civil Code.
13. If the User breaches the provisions of these Regulations, law or good morals, the Service Provider may terminate the contract immediately upon a prior ineffective request to cease such breaching.
7. PERFORMANCE OF INTERMEDIATION SERVICES
1. As part of the Intermediation Service, the Service Provider offers support for the User with regard to application for E-Visa, in particular it may verify the data provided by the User, edit and process the provided photos, change the format, compress or integrate documentation or information necessary to submit such an application, and provides the possibility of monitoring the E-Visa application process though the functionality of the Site.
2. The Service Provider takes actions under the Intermediation Service ordered by the User and performs the Service within the time limits laid down on the Site, however, if the User does not agree to immediate performance of the subject matter of the Intermediation Contract, which means the rejection of right to withdraw from the Intermediation Contract, the Service Provider will take the above mentioned action, not earlier than within 15 days from the date of conclusion of the Intermediation Contract.
3. If according to the Visa regulations of the Country, application for E-Visa must be submitted by the specific time limit before arrival to border crossing, if the User specifies a planned date for such an arrival, the Service Provider will submit the described application subject to such a time limit. The time limit referred to in the preceding sentence constitutes an initial time limit for the Intermediation Contract, if not clearly specified otherwise.
4. The Service Provider is entitled to contact the User by e-mail or by phone to perform the Intermediation Contract, including in particular to verify the correctness or completeness of the data provided by the User, to clarify ambiguities or to complete missing information. The Service Provider contacts the User to the telephone number or e-mail address provided by the User when placing the Order.
5. If it is necessary to clarify or supplement the data that is needed to complete the Order, the Service Provider will request the User to provide missing data or information in accordance with the principles specified in point 7. In such a case, the performance of the Intermediation Contract depends on fact whether the User provides missing data or information, and the time limit for completing the Order does not run until the Service Provider receives all the missing information. This provision also applies to subsequent requests, in particular those related to the change of the Visa regulations of the Country or the requirements of the authority competent to issue E-Visa.
6. The Intermediation Service is performed upon the effective submission of the application for E-Visa for the User by the Service Provider. What is more, the Service Provider provides the User with all information received from the entity entitled to issue E-Visas as a result of submission of application referred to in the preceding sentence, including in particular, the decision on issuance of E-Visa, decision on rejection to issue E-Visa or the decision summoning the User to personal appearance at the seat of the entity authorized to issue E-Visas.
7. After providing the Intermediation Service, the Service Provider further transfers to the User under the terms and conditions stipulated in section above. If in accordance with the decision of the entity authorized to issue E-Visa, the User obtains an issued E-Visa, the Service Provider will send information on granting E-Visa to the User along with the visa document in electronic form. The visa document is of the form specific for the particular issuing Country, in particular such as E-Visa (electronic), E-Visa (paper), Visa Approval Letter (promise to obtain visa at the border crossing). If the content of the decision of the entity authorized to issue an E-Visa prevents from or refuses the issue of E-Visa, the Service Provider will send information on failure to grant E-Visa to the User along with complete information on the case. If the Service Provider receives a refusal or other decision preventing the issuance of a visa or other specific information on the case from the authority issuing E-Visas on behalf of the Country, the Service Provider will provide the User with such information. Subject to section 6 above, if, pursuant to a decision issued by an entity authorized to issue E-Visa, the User, in order to continue the proceedings regarding the issue of E-Visa before this entity, is requested to submit other documents in person or to appear in person at the seat of the entity authorized to issue E-Visa, the Service Provider, in the event of obtaining such information from that entity, will send appropriate information to the User.
8. COMPLAINTS REGARDING THE SERVICES PROVIDED BY ELECTRONIC MEANS
1. The User may lodge complaints regarding the Services provided on the Site, in particular complaints regarding non-performance or unduly performance of the Service.
2. Complaints may be filed in writing, by registered mail, to the address: GTS Dawid Lisiecki, ul. ul. Wielka Skotnica nr 8d/64, 41-400 Mysłowice, by e-mail to: contact@e-visa-russia.online, or via a contact form.
3. Complaint filed should include the name of a person lodging the complaint (name and surname or company name, address of residence or registered office, e-mail address, Order number) and a description of circumstances that lead to the complaint.
4. The Service Provider undertakes to handle every complaint within 30 days, and if this is not possible, to inform the User within this period of time on the date the complaint will be handled. If some information is missing in the complaint, the Service Provider will request the User to complete it within the necessary scope within 7 days from the date of the receipt of such a request by the User.
9. PERSONAL DATA PROTECTION
Personal data provided by the User is collected and processed by the Service Provider in accordance with applicable provisions of law and as per the Privacy Policy published on the Site.
10. FINAL PROVISIONS
1. These Regulations and mandatory applicable provisions of Polish law are an exclusive source of obligation of the Service Provider. If the provisions applicable to the consumer provide for more relevant provisions for the User under which the Service is provided, the provisions more relevant for the User apply.
2. The Regulations are provided in English, German and Polish.
3. It is prohibited to reproduce or publish these Regulations or part thereof without a written consent of the Service Provider.
4. Unless the mandatory provisions of law provide otherwise, Polish law is the law for the settlement of any disputes arising under these Regulations. If the Consumer is not the other party to the dispute, any disputes arising under these Regulations will be settled before a common court having jurisdiction over the seat of the Service Provider.
5. The content of these Regulations may change. Any User who is a Consumer will be notified on any changes through information published on the Site's home page listing the changes and dates of their application. Changes to the Regulations do not affect the rights already acquired by the Users and do not change the content of Contracts already entered into.
These Terms and Conditions are also available in pdf file here.
FILES:
Form of withdrawal from the agreement of Services
Complaint related to electronic provision of services
Instructions on withdrawal from the agreement of Services