REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS (TERMS AND CONDITIONS)
§ 1 Definitions
Definitions of wording used in these Terms and Conditions:
a) Service Provider – an entity providing services by electronic means on the terms and conditions described in these Terms and Conditions, which is INDELIS spółka z ograniczoną odpowiedzialnością with its registered office in Szczecin at ul. Władysława Łokietka 5/2, 70-256 Szczecin, Poland, registered in the District Court in Szczecin-Centrum in Szczecin, XIII Economic Division of the National Court Register under KRS number 0000889007, with share capital of PLN 5,000, NIP number: 8522671105, REGON number: 388424067;
b) User – a natural person using the portal and its resources and/or a natural person concluding an order agreement with the Service Provider with regard to the provision of services described in these Regulations, not directly related to his/her economic or professional activity;
c) Terms and Conditions – these regulations for the provision of services by electronic means;
d) Terms and Conditions – these Regulations in the section describing the provision of the Services;
e) Chargeable Service – substantive support provided by the Service Provider in obtaining the benefit, substantive support in a conflict with a competent government office, substantive support in a conflict with a former/current partner/spouse, substantive support in obtaining documents necessary to apply for the benefit, substantive support in recovering the benefit collected by an unauthorised person. The service also includes sending a prepared appropriate letter with instructions and sending completed forms with a covering letter;
f) Allowance – a monetary benefit paid to the parents of a minor or his/her legal guardian by the relevant public administrations in Germany, Switzerland, Austria, Denmark, Sweden, Norway, the United Kingdom, Ireland, the Netherlands, Belgium, France, Luxembourg and other countries;
g) Website – the kindergeld.eu website where the User reads and accepts the Terms and Conditions;
h) Contract of mandate – means a contract concluded between the Service Provider and the User also concluded by means of a concluding act;
i) Free consultation – a telephone conversation between the User and the Service Provider concerning the benefit and the support expected;
j) Survey – a form prepared by the Service Provider and sent to the User;
k) Application – a template form suitable for the country concerned and necessary to obtain the benefit;
l) Letter – any document prepared by the Service Provider in the course of the service provision process and sent to the User (also in draft form), including in particular all cover letters, supplementary formalities, pleadings, preparatory letters, lawsuits, complaints.
m) Conversation Summary – a summary of the conversation with the User sent by the Service Provider in the form of an e-mail, containing in particular a brief description of the User’s problem, recommended solution, including an indication of the service provided by the Service Provider and the valuation of the service, which depends on the complexity of the case, the valuation of which consists of an advance payment and the main remuneration;
n) Act – the Act of 18 July 2002 on the provision of services by electronic means.
§ 2 General provisions
1. Kindergeld.eu is a website, the rights to which belong to INDELIS spółka z ograniczoną odpowiedzialnością with its registered office in Szczecin at ul. Władysława Łokietka 5/2, 70-256 Szczecin, Poland.
2. Any person using the Kindergeld.eu website acknowledges and accepts the terms and conditions of these Regulations.
3. The service provider reserves the right to change, withdraw, suspend or discontinue any function or feature of the Kindergeld.eu website.
4. The Regulations have been issued on the basis of art. 8 para. 1 pt. 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended).
5. The Regulations are available to the Users free of charge, via the Kindergeld.eu website in a form which makes it possible to download it, record it by printing.
6. The User is obliged to become familiar with the content of the Regulations before using the Services.
7. It is prohibited for the User to send to the Service Provider information and content of an unlawful, offensive, misleading nature, as well as content that may cause disruption or damage to computer systems.
8. Beginning to use the Services covered by these Regulations is tantamount to familiarisation with its content and full acceptance of the terms of these Regulations.
§ 3 Use of the website. Technical conditions.
1. Kindergeld.eu is a website containing basic information as to the rules of child benefit in Germany, Switzerland, Austria, Denmark, Sweden, Norway, United Kingdom, Ireland, the Netherlands, Belgium, France, Luxembourg and other countries.
2. The service provider provides:
a) support in obtaining the allowance
b) support in conflicts with the competent government office
c) support in conflict with an ex-partner/current spouse
d) support in obtaining the documents necessary for claiming the allowance
e) assistance in the recovery of benefits received by an unauthorised person
f) preparation of different types of letters with instructions, tailored to the User’s case, and forms to claim the benefit.
3. Through the Kindergeld.eu website, the User may make direct contact with the Service Provider.
4. In order to use the Website correctly, the following are required:
a) A computer or other mobile device with access to the Internet
b) Access to a web browser.
5. It is recommended to use computers equipped with legal software with all available system updates and with available security measures such as a firewall and an up-to-date anti-virus programme.
§ 4 Types and scope of services
1. The Service Provider shall provide services electronically to the following extent:
a) enabling Users to leave their contact details and select a date and time for a free consultation
b) free telephone consultation
c) chargeable support for the Services selected by the User.
2. During the telephone consultation, the User describes his/her family situation and signals problems.
3. After the telephone consultation, the Service Provider sends, in a manner agreed with the User, a Summary of the call containing the quote, the rules for calculating the main remuneration and the Terms and Conditions.
4. The Service Provider sends, in a manner agreed with the User, a link to online payment and/or a bank account number for the advance payment in the amount indicated in the Call Summary.
5. The contract is concluded at the time of the User’s payment of the advance and/or by signing a power of attorney to review the case.
6. The Service Provider’s remuneration consists of:
a) an advance payment, the amount of which is agreed individually with the User and depends on the complexity of the case, and
b) the main remuneration, which is calculated as a percentage of the amounts/amounts of benefit obtained by the User. Detailed information about the total remuneration is provided to the User in the Call Summary.
7. By making an advance payment and/or signing a power of attorney to review the case, the User:
a) accepts the quotation sent
b) accepts the Terms and Conditions sent to him/her
c) accepts the obligation to send all documents relating to the allowance
d) accepts that once the down payment has been made and/or a power of attorney to review the case has been signed and any substantive materials have been received from the
8. Service Provider, there is no possibility of termination of this Agreement for either Party. In the case of use of the Substantive Support Service in a conflict with the relevant government office in obtaining benefits or Substantive Support in a conflict with an ex/current partner/spouse, the Service Provider may ask the User to send, in a manner agreed with the User, materials and information necessary for further action. Once all the information has been obtained, the Service Provider sends a letter prepared accordingly with instructions.
9. After the advance payment has been made, the User receives by e-mail the substantive materials together with instructions and/or a questionnaire to be filled in.
10. The user fills in the questionnaire and sends it back by clicking on the “Send” button at the end of the questionnaire.
11. Based on the data sent in the survey by the User, the Service Provider sends ready-made forms for signature together with a cover letter for the User’s acceptance. After the User’s acceptance by email, the Service Provider translates the cover letter into the official language of the country in which the forms together with the cover letter will be submitted and sends it to the User with instructions.
12. The User sends a prepared cover letter together with the form and copies of the documents and certificates previously indicated by the Service Provider in accordance with the instructions.
13. The User is obliged to provide truthful and reliable information in the questionnaire.
14. The Service Provider shall not be liable to the User for any damage caused as a result of providing false or unreliable data in the questionnaire or making changes to the form or letter themselves.
15. Until the main remuneration is settled, the User is obliged to provide all documents which are in any way related to the allowance from offices and other institutions, both Polish and foreign. The above will enable the Service Provider to control the proceedings and to take the appropriate steps to obtain the allowance.
16. The User shall inform the Service Provider immediately, but not later than within 7 days, about the positive and/or negative decision issued by the competent state administration body concerning the benefit or payment of funds to the User’s account and about any other letter from offices and courts.
17. Irrespective of the User’s fulfilment of the obligation indicated in section 16, the Service Provider, upon becoming aware of the issuance of a positive decision or the payment of an allowance, shall issue and send a proforma invoice covering the main remuneration calculated in accordance with the rules agreed with the User and sent in the call summary.
18. The Service Provider informs that the above-described steps represent a certain pattern of actions and, depending on the Service selected and provided, the subsequent steps may differ slightly.
§ 5 Contract conclusion and withdrawal
1. The contract shall be concluded at the time of the advance payment or/and by signing the power of attorney for access to the case.
2. The Agreement shall be concluded for a fixed period of time, i.e. until a positive decision on the allowance is issued by a competent state administration body and served on the User, or from the date of disbursement of funds to the User’s account, or, in the case of the User’s failure to comply with the obligation referred to in paragraph 6. item 16. at the moment when the Service Provider receives information that a positive decision has been issued or the allowance has been paid.
3. The User who is a consumer has the right to withdraw from the Contract without giving any reason, within 14 days from the date of its conclusion. In order to exercise the right of withdrawal, the User shall make an unequivocal declaration of withdrawal to the Service Provider in one of the indicated ways:
a) by post to the address: INDELIS spółka z ograniczoną odpowiedzialnością, ul. Władysława Łokietka 5/2, 70-256 Szczecin, Poland
b) by sending an e-mail to: hello@kindergeld.eu
4. The Service Recipient informs that due to the nature of the Services provided, the User may not withdraw from the Agreement if he/she has received any factual materials from the Service Recipient even in draft form, including in particular a questionnaire, application or letter.
§ 6 Complaints
1. The User has the right to lodge complaints regarding the services provided. The User has the right to submit all complaints in writing in one of the following ways:
a) by post to the address: INDELIS spółka z ograniczoną odpowiedzialnością, ul. Władysława Łokietka 5/2, 70-256 Szczecin, Poland
b) by sending an e-mail to the address: contact@kindergeld.eu.
2. In order for a complaint to be considered it must contain the following data:
a) name and surname
b) residential address
c) User’s PESEL number
d) description of the problem to which the complaint relates.
3. The User will make every effort to consider the complaint within 30 days of receipt. The User will be informed of the decision by e-mail.
4. Complaints which do not meet the conditions referred to above will not be considered.
5. Detailed information concerning the possibility for the User who is a consumer to make use of out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
https://www.uokik.gov.pl/spory_konsumenckie.php; https://www.uokik.gov.pl/sprawy_indywidualne.php and https://www.uokik.gov.pl/wazne_adresy.php
6. A Client who is a consumer has an exemplary possibility to use out-of-court ways of dealing with complaints and pursuing claims: he may obtain free assistance in resolving a dispute between the User and the Service Provider, using also the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the following e-mail address: porady@dlakonsumentow.pl
§ 7 Data protection
1. Pursuant to Article 13(1) and (2) of the General Data Protection Regulation of 27 April 2016, I inform you that:
a) the controller of your personal data is INDELIS spółka z ograniczoną odpowiedzialnością with its registered office in Szczecin at ul. Władysława Łokietka 5 /2, 70-256 Szczecin, Poland registered in the District Court in Szczecin-Centrum in Szczecin, Poland, XIII Economic Division of the National Court Register under KRS number 0000889007, with share capital of PLN 5,000, NIP number: 8522671105, REGON number: 388424067
b) Your personal data will be processed for the purpose of performance of the contract on the basis of Article 6(1)(b) of the RODO
c) Recipients of your personal data will be the controller and persons authorised to do so under separate legal regulations
d) Your personal data will be transferred to a third country and to international organisations
e) your personal data shall be stored for the period necessary for the purposes of the processing
f) You have the right of access to your data as well as the right to rectification, erasure, restriction of processing, the right to data portability, the right to withdraw your consent at any time without affecting the lawfulness of the processing performed on the basis of your consent prior to its withdrawal
g) You have the right to object to the processing of your personal data based on Article 6 (1) (e) or (f) of the RODO or for direct marketing purposes
h) You have the right to lodge a complaint with a supervisory authority if you consider that the processing of personal data concerning you violates the General Data Protection Regulation of 27 April 2016
i) Your provision of personal data is voluntary, but necessary for the purposes of the processing
j) Your data will not be processed by automated means including profiling.
§ 8 Final provisions
1. The Client indicates the following e-mail address: hello@kindergeld.eu for direct contact with the Service Provider.
2. The privacy policy is available under this link.
3. The recipient is not responsible for technical problems related to data transmission and possible errors related to the use of ICT networks, or other problems resulting from the actions of operators and Internet providers.
4. The recipient is not liable for damages related to the Website and its use or inability to use by the user or due to its malfunction, errors, deficiencies, interferences, defects, delays in operations or data transmission, computer viruses, breakdown.
5. The recipient is not responsible for access problems or lack of access for reasons beyond its control.
6. The Service Recipient reserves the right to amend these Terms and Conditions at any time and to inform the User who has concluded a contract with the Service Recipient and to provide such User with the current Terms and Conditions by publishing them on the Website.
Version of Terms of Use 1.1.1.29042024