TERMS AND CONDITIONS OF LEGAL SERVICES

Hello! Let’s get to know each other.

Hi, welcome to lavolegal.pl (“LAVO“). Terms and Conditions presented here are intended to help us provide legal assistance in the best and most efficient way. Whether you are a natural person or you represent an business entity, we will refer to you as the “Client” in this document. Please read the entire content of the Terms & Conditions – it is very important to us and will certainly facilitate our cooperation.

This is us – if you have any questions, let us know! We will try to help you.

These Terms & Conditions apply to all services provided by attorney Natalia Szabatowska (LAVO Kancelaria Adwokacka Adwokat Natalia Szabatowska, ul. Stefana Batorego 11B, 37-100 Łańcut) and attorney Igora Sumara (LAVO Kancelaria Adwokacka Igor Sumara, ul. Na wzgórzu 13, 32-087 Pękowice). You can contact us at: biuro@lavolegal.pl 

These are our services – see what we can do for you.

LAVO provides legal assistance to its Clients, which consists in particular in:

1. • analysis of the legal problem;
   • preparation of a pleading;
   • preparation of a legal opinion;
   • preparation of the contract, terms and conditions, statutes;
   • representing the Client in administrative and court proceedings;

hereinafter referred to as “Services”.

We have an obligation to tell you about services provided electronically.

1. LAVO also provides a newsletter service and a contact form for submitting Inquiries, which are considered as “Services provided electronically”.
    
2. The provision of electronic services by LAVO is free of charge, voluntary and available 7 days a week, 24 hours a day. LAVO reserves the right to temporarily or permanently suspend the provision of individual services provided electronically.

3. The conclusion of the contract in the above scope is conditioned by the Client’s consent to provide the newsletter or use the contact form. Acceptance is made by ticking the appropriate check-box or by taking other equivalent action indicating the willingness to subscribe to the newsletter or use the contact form.

4. The contract for the provision of electronic services is concluded for an indefinite period of time.

5. The use of services provided electronically requires an active email account.

Here are the most important principles of our cooperation.

1. The Client may be a natural person, a legal person or a business entity (legal person). A natural person who does not have legal capacity or whose legal capacity has been limited may use the Service if he acts through a statutory representative (e.g. guardians, parents, curators). Legal persons act through their representative bodies.

2. The condition for using the Services is acceptance of the Terms & Conditions and the Privacy Policy as well as providing information and documents necessary to perform the Service.

3. By accepting the Terms & Conditions and commencing cooperation as part of the provision of the Services, the Client declares that he has not and does not intend to conduct any activities related to money laundering and terrorism financing within the meaning of the Act of March 1, 2018 on counteracting money laundering and financing of terrorism (Journal of Laws of 2018, item 723, as amended).

How to commission a case to us?

The whole process is also described on our website.

1. The provision of Services by LAVO is carried out as follows:
   • The Client sends, an inquiry about the providing legal advice by LAVO (“Inquiry“). The inquiry should contain a description of the facts and legal problem as well as the type of Service the Client is interested in. If necessary, the Client should send scans of all necessary documents;

   • after reviewing the Inquiry, LAVO has the right to ask the Client additional questions or ask for additional documents, if it is necessary to perform the Service;

   • if LAVO has all the necessary information and documents to perform the Services, LAVO sends the Client an estimated valuation of the Service and the planned date of implementation (“Valuation”);

   • The Client confirms the acceptance of the Valuation in the return message. Confirmation of acceptance of the Valuation may also take place by phone or during a meeting with the Client;

2. Upon acceptance of the Valuation, an agreement for the provision of Services is concluded between LAVO and the Client on the terms resulting from the arrangements of the parties and these Terms & Conditions.

3. Preparing and Sending the Valuation is free of charge.

4. The Valuation is valid for 5 days, after which the Inquiry may be subject to a new Valuation.

Here we describe how our Service is run.

1. 1. LAVO proceeds to the implementation of the case within the time limit agreed in the Valuation. The Client is always informed about the complexity of the case and the time required to perform the Service.

   2. The Service is performed on the basis of the description delivered by the Client and on the basis of the legal status applicable on the date of Service performance ( unless the content of the Inquiry indicates that the case concerns the provisions of law that were in force in other period of time).

   3. LAVO may refuse to perform the Service if:
      • the performance of the Service may violate the provisions of generally applicable law, the principles of social coexistence or the principles of professional ethics;

      • the performance of the Service requires a paid substantive consultation to which the Client has not consented (e.g. tax consultation);

      • the performance of the Service requires explanations or documents that the Client, despite LAVO’s request, does not provided;

      In such cases, LAVO notifies the Client of the impossibility of performing the Service.

   4. In the event of inability to perform the Service, LAVO shall immediately notify the Client, enabling him to resign from the Service. Any reimbursement of remuneration is calculated in proportion to the scope of the Service already provided.
   5. LAVO reserves the right to perform the contract in parts, after prior agreement with the Client.

   6. Unless stated otherwise in the Inquiry, the Service is provided on the basis of Polish law.

   7. The Client may not invoke the incompleteness of the Service or its unsuitability, as well as the damage suffered if the description and documents enclosed in the content of the Inquiry did not contain all the necessary information in a given case.

   8. LAVO is not responsible for providing false and incomplete data, as well as for the negative effects resulting from a delay of delivery of data and information with.

   9. All administrative and court fees (e.g. court fees, stamp duty, office fees) arising from the performance of the Services are covered by the Client. If other additional costs may arise (e.g. costs of translation, costs of expertise, costs of substantive consultations), LAVO informs the Client about this fact in order to accept these costs and determine how they will be covered by the Client. Refusal to cover the above costs may prevent the proper performance of the Service. This circumstance does not burden LAVO and does not constitute improper performance of the Service.

   10. LAVO informs that during the performance of the Service, it may be necessary to change the scope of the order, which may increase the value of the Valuation and extend the duration of the Service.

   11. If the Valuation specify a hourly rate for the provision of the service, taking into account the maximum number of hours within the Service, overtime hours will be settled in accordance with the general hourly rate of LAVO given in the Valuation.

   12. If the obligation to grant a power of attorney arises for the proper performance of the Service, LAVO will inform the Client of this fact. The Client’s refusal to grant the power of attorney means resignation from the Service.

   13. The Client is obliged to immediately notify LAVO of any change in personal and contact details, under pain of considering messages sent to the previous address as effectively delivered.

   14. LAVO reserves the right to contact the Client after the completion of the Service in order to examine the level of satisfaction with LAVO’s Services. For this purpose, LAVO will send appropriate questionnaires or a request for a short opinion on the services provided.

What are the payment terms?

1. The terms of payment will be described in the Valuation, and in the absence of such a provision, the commencement of the Service requires an advance payment of 50% of the Valuation value.

2. Additional costs arising in the course of the provision of Services, covered by the Client on an ongoing basis or are added to the last payment tranche.

3. A Client who wants to receive a VAT invoice documenting the payment of remuneration should report this fact by email to the following address: biuro@lavolegal.pl or directly during consultations with the lawyer in charge of the case. In order to receive a VAT invoice, the Client is obliged to provide the name and address of the company along with the TAX ID.

4. The Client declares that he accepts VAT invoices issued and sent in electronic form in PDF format (“e-invoice”), sent from an email address (invoices will not be sent by traditional mail in paper version).

5. At the Client’s request – within 7 days from the date of delivery of the request to LAVO – the invoice is also sent by traditional mail to the address indicated by the Client.

If you are a consumer, you have 14 days to withdraw from the contract without giving a reason.

1. The Client who is a consumer may withdraw from the Agreement without giving reasons within 14 days from the date of conclusion of the Agreement, i.e. from the date of accepting the Valuation. To keep the 14-day deadline, it is enough to send a statement before its expiry.

2. In the event of withdrawal from the Agreement, LAVO is obliged, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, to return the remuneration (accounted for in proportion to the work performed).

3. Refunds shall be made using the same method of payment as used by the consumer, unless the consumer agrees to a different method of return.

4. The consumer is not entitled to withdraw from the Agreement if LAVO has fully performed the Service. LAVO informs the Consumer that after the performance of the service by LAVO, the consumer will lose the right to withdraw from the Agreement, and the Consumer agrees to the full performance of the Service by LAVO before the expiry of the 14-day period to withdraw from the Agreement within the meaning of Art. 38 point 1 of the Act on Consumer Rights.

5. According to Art. 35 sec. 1 of the Act on Consumer Rights, a consumer who withdraws from the Agreement before the delivery of the entire Service is obliged to pay for the services provided by LAVO until the moment of withdrawal from the Agreement (including analysis of the case and documents, analysis of jurisprudence and doctrine positions, undertaking preparatory activities) . The amount of payment is calculated in proportion to the scope of the service provided, taking into account remuneration.

6. In order to reimburse the administrative and court costs incurred by the Client before the date of withdrawal from the contract, the Client should contact the competent office or court, presenting information about withdrawal from taking the paid action.

We all operate in a rapidly changing legal environment. This may affect our Services. In this section we will tell you more about our responsibility.

1. The Client declares that he is aware that the Service is provided based on the facts he provides. The Client declares that he is aware that there is no universally binding way of interpreting legal provisions in Polish legislation and that deviations from each interpretation of the provisions are allowed. LAVO will inform the Client about the possibility of such deviations and about the possibility of encountering a different interpretation and other application of the provisions. The above does not constitute grounds for lodging a complaint by the Client or charging the LAVO with liability for improper performance of the Service.

2. If the Client is not a consumer, LAVO shall be liable only for willful misconduct or gross negligence.

3. Unless the damage is the result of LAVO’s willful misconduct, its liability towards the Client is limited to the gross remuneration paid by the Client for the Service provided, the improper performance or non-performance of which is the source of liability. LAVO is responsible only for actual damage and is not responsible for lost profits.

4. LAVO is released from liability if the damage was caused by the action of a public authority that does not comply with the law, improperly publishes or fails to publish legal acts and judgments, or conducts legal proceedings in a protracted manner.

5. Lawyers dealing with Clients’ cases have a liability insurance policy required for the nature of the services provided.

If something was not quite what you expected let us know.

1. Complaints regarding the performance of the Services should be sent to the following address: biuro@lavolegal.pl.

2. The complaint should contain:
   • designation of the Client, in particular, indication of his contact details;

   • indication of the Service to which the complaint relates;

   • indication and justification of the circumstances constituting the basis for the complaint;

   • indication of the scope of the Client’s request;
3. LAVO will consider the complaint within 14 days from the date of its delivery.
4. In particular, the following circumstances cannot be the basis for a complaint:
   • indicating to LAVO that there is no clear solution to the problem due to discrepancies in the interpretation of the law or the lack of a generally applicable interpretation of the law;

   • indicating to LAVO that it is necessary to apply for an individual interpretation of the provisions of the tax law or the provisions of the social security law or to apply for additional substantive consultation (e.g. expert opinion, tax advisor);

   • the assessment of the facts and documents does not confirm the version of events presented by the Client;

   • the result of LAVO’s work is not favorable for the Client (e.g. it turns out that the appeal is groundless, the Client is wrong as to his rights or obligations);

Here are some general provisions regarding our cooperation.

1. The content of the Terms & Conditions is available free of charge on LAVO’s website at: www.lavolegal.pl in such a way that the Client can read its content at any time.

2. These Terms & Conditions come into force on June 7, 2023.

3. LAVO may change the Terms & Conditions at any time, however, the amended Terms & Conditions do not apply to Services commissioned before the date of entry into force of the new version of the Terms & Conditions. If the Terms & Conditions are changed, the Client who made the Inquiry is informed about the content of the changes. The Client who does not accept the changes to the Terms & Conditions may resign from the Service.

4. All copyrights to the website and its elements (including descriptions, graphics, photos, functional layout) are vested in LAVO. Copying, use, distribution is prohibited.

5. Settlement of any disputes arising between LAVO and the Client who is a consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure. Settlement of any disputes arising between LAVO and Client who is not a Consumer, is subject to the court competent for the seat of LAVO.

6. To the extent not covered by these Terms & Conditions, the provisions of Polish law, in particular the Polish Civil Code, shall apply.

Let us know if you have any questions or concerns! We are here to help.

Remember, you can contact us at any time to obtain information about our services. The fastest way to contact us by e-mail to the following address biuro@lavolegal.pl or to the phone numbers in the CONTACT tab.

This document was created by LAVO (www.lavolegal.pl).