TERMS AND CONDITIONS FOR RENTING COMMERCIAL SAFE DEPOSIT BOXES
ON NOWOGRODZKA STREET 50/54 IN WARSAW
I. General Provisions
These Terms and Conditions for Renting Commercial Safe Deposit Boxes define the principles of use of the Commercial Safe Deposit Boxes provided by MS Metale Ltd.with its registered office in Warsaw (00-013) at Jasna 1, Tax Number: 7010337503 , REGON Number: 146065450, entered in the Register of Entrepreneurs by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000415700, with share capital of PLN 400,000.
II. Definitions
1) Emergency Opening – means the opening of a Safe Deposit Box by the Operator without the use of a key, consisting of a mechanical or technical defeat of the security device, which may cause irreversible damage to the lock;
2) Price List – the remuneration of the Operator for the lease of the Commercial Safe Deposit Box;
3) Deposit – means movables, in particular securities or valuables, money, documents, jewelry, precious metals, works of art or other valuable movables, which are deposited by the Client pursuant to the concluded Rental Agreement in the Commercial Safe Deposit Box;
4) Client – an entity (natural person, legal person or organizational unit without legal personality) concluding a Commercial Safe Deposit Box rental agreement with the Operator;
5) Rental – the service of renting a Commercial Safe Deposit Box;
6) Operator – MS Metale Ltd. with its registered office in Warsaw renting a Commercial Safe Deposit Box to the Client;
7) Terms and Conditions – means these Terms and Conditions for renting Commercial Safe Deposit Boxes;
8) Vault – means a separate room of the Operator, protected from access by unauthorized persons, containing Commercial Safe Deposit Boxes and used to store Deposits;
9) Commercial Safe Deposit Box – a separate and secured space in the Vault that may be rented for a specified fee to store the Deposit;
10) Agreement – the Commercial Safe Deposit Box Rental Agreement concluded between the Operator and the Client.
III. Zawarcie Umowy
1. Before concluding the Agreement, the Client shall be obliged to become familiar with the content of the Terms and Conditions and the rules of use of the Commercial Safe Deposit Box.
2. In order to conclude the Agreement, the Client places an order:
1) In person by submitting a signed form available at the Operator’s office;
2) za pośrednictwem formularza kontaktowego dostępnego na stronie Operatora
3) via e-mail, at the address available on the Operator’s website in the Contact tab;
4) by telephone on the numbers intended for placing orders, available on the Operator’s website in the Contact tab.
3. The condition of accepting an order is that the Client provides data that allows verification of the Client.
4. The Agreement is concluded when it is signed by the Operator and the Client, after verification of the Client by the Operator and after confirmation by the Client that he has read the Terms and Conditions.
5. The agreement includes:
1) the Operator’s obligation to make the Commercial Safe Deposit Box available to the Client;
2) specification of the rental period and the remuneration to which the Operator is entitled.
6. Client is obliged to provide the Operator the necessary documents, including an identity document, which the Client has or which are the legal basis for the person acting on behalf of the Client. The Operator shall not be liable for forged identity documents or use of the identity document by a person not authorized to do so, if he took reasonable care to identify the person using the document.
7. The Client shall not be entitled to assign the rights under the Commercial Safe Deposit Box Agreement to other persons, and in particular may not enter into a Sub-Rental Agreement or provide the Commercial Safe Deposit Box for free use.
8. The Client agrees to pay to the Operator the remuneration and other fees in accordance with the provisions of the Agreement, the Terms and Conditions and the Price List.
IV. Rules for the use of the Commercial Sade Deposit Boxes
1. The Operator agrees to:
1) exercise the utmost care in securing the Commercial Safe Deposit Boxes by providing 24-hour protection for the property entrusted to it and by securing the Deposits by carrying valid insurance;
2) provide Clients with secure and discreet access to the Commercial Safe Deposit Box;
3) enable Clients to access the Commercial Safe Deposit Box during the Operator’s business hours.
2. The Client may independently dispose of the contents of the Commercial Safe Deposit Box.
3. The Client shall receive two copies of the Commercial Safe Deposit Box key on the contract date. The Operator shall not have a spare key of the Client. The Client shall bear full liability for damage resulting from loss or provision to third parties of the key to the Commercial Safe Deposit Box.
4. The Operator may verify the identity of the persons opening the Commercial Safe Deposit Box.
5. The Operator shall not have access to the Commercial Safe Deposit Box. In the case of an Emergency Opening, the relevant protocol shall be prepared, and if the Operator is authorized to do so, the video recording of the Commercial Safe Deposit Box opening shall also be made, and the Client shall be immediately notified thereof.
6. The Operator shall have the right to restrict access to the Commercial Safe Deposit Box in the event of nonpayment by the Client of the rent or other fees as provided in the Terms and Conditions, Agreement or Price List.
7. The Client and other persons authorized by the Client to use the Commercial Safe Deposit Box shall not bring any luggage into the Vault, except for commonly used carry-on briefcases or purses.
8. The use of any electronic devices allowing video or audio recording is strictly prohibited in the Vault. The Operator has the right to expel from the area of the Vault any person using any electronic device in an area not intended for this purpose, and to terminate the Agreement with immediate effect, with the Client in such case not being entitled to a refund of the prepaid fee.
9. The Operator is not required or authorized to determine whether the Client owns the contents of the Depository and does not verify the contents of the Commercial Safe Deposit Box.
10. It is unacceptable to store the following in the Commercial Safe Deposit Boxes:
1) flammable materials;
2) explosives;
3) corrosive materials;
4) suffocating materials;
5) weapons and ammunition;
6) intoxicants;
7) drugs;
8) chemicals;
9) medical virus tubes;
10) elements of atoms;
11) sabers, knives;
12) perishables;
13) substances with properties dangerous to the environment;
14) items derived from crime;
15) human or animal organs, live or dead animal specimens;
16) items that emit an odor or sound;
17) any item the possession of which is prohibited under Polish law.
13. In the event of the death of the Client, the Operator shall provide the Commercial Safe Deposit Box only to the heirs on the basis of a final court ruling or an agreement of distribution of inheritance drawn up in the form of a notarial deed, which includes the Commercial Safe Deposit Box.
14. If the Client’s heirs do not have a key to the Commercial Safe Deposit Box, the heirs shall pay a fee for the replacement of the lock in the Commercial Safe Deposit Box. The heirs shall also be obliged to pay any fees due to the Operator for the provision of the Commercial Safe Deposit Box.
V. Proxies
1. The Client may appoint proxies to independently dispose of the Commercial Safe Deposit Bo
2. The appointment of more than one proxy requires the consent of the Operator.
3. The proxy to use the Commercial Safe Deposit Box is authenticated by the Client’s signature in the presence of a Notary Public (notarial certification of signature) or the signature of the Proxy and the Client in the presence of an employee of the Operator.
4. The proxy of the Client to dispose of the Commercial Safe Deposit Box:
1) may be granted and revoked at any time and shall be effective as of the date referenced in the document, but not earlier than the date submitted to Operator;
2) in the case of natural persons, it expires at the moment of death of the Client, with the proviso that the Operator shall not be liable in the absence of information about the Client’s death;
3) it does not authorize to terminate the Agreement, grant further proxies, sign annexes to the Agreement or carry out instructions in the event of the death of the Client who is a natural person.
VI. Restrictions on the use of the Commercial Safe Deposit Box
The Operator shall have the right to deny access to the Commercial Safe Deposit Box or withhold the issuance of the Safe Deposit Box in the event of:
1) receipt of a relevant order or other ruling by a court, prosecutor or tax inspection authority;
2) receipt of an appropriate decision from entities other than those listed in item 1 above, if such actions are authorized by law;
3) receipt of a search warrant for the Commercial Safe Deposit Box issued by an authority conducting criminal proceedings;
4) becoming aware of the bankruptcy of the Client or the opening of their bankruptcy – until the appearance of the official receiver or liquidator;
5) receipt of an order from a bailiff conducting enforcement proceedings against the Client’s assets;
6) a justified suspicion that the Client holds an inadmissible deposit in accordance with point IV 10 of these Terms and Conditions.
VII. Operator’s remuneration and payments
1. The Operator shall be entitled to remuneration for the Commercial Safe Deposit Box Rental as specified in the Price List.
2. The Client may make payment for the Commercial Safe Deposit Box Rental in the manner indicated on the Operator’s website, in the Price List tab.
3. If the Commercial Safe Deposit Box Rental Agreement is entered into for a definite period of time, the Client shall pay the fee in advance for the entire period covered by the Agreement.
4. If the Agreement is concluded for an indefinite term, the Client shall pay the fee for the first year of the Commercial Safe Deposit Box Rental Agreement on the date the Agreement is signed, and for subsequent annual periods no later than the first day of the next annual Agreement term.
5. In the case of Agreements concluded for an indefinite period of time, the Operator reserves the right to change the amount of remuneration for important reasons, which include:
1) a change in generally applicable law affecting the cost of Operator’s operation of the Commercial Safe Deposit Box Rental;
2) a verdict or administrative decision that directly changes the cost of the Rental;
3) changes in electricity, postal or telecommunications tariffs affecting the cost of the Commercial Safe Deposit Box Rental Operator;
4) a change in prices of consumer goods and services by no less than 0.5%, based on the quarterly price index of consumer goods and services published by the Central Statistical Office.
6. In case of changes referred to in paragraph 5 above, the Operator shall inform the Client in writing at the designated mailing address no later than 14 days before the planned introduction of changes.
VIII. Termination of the Agreement
1. In the case of an Agreement concluded for a definite period of time, the Agreement shall be terminated upon the expiry of the period for which it was concluded.
2. In the case of an Agreement concluded for an indefinite period of time, either Party may terminate the Agreement by giving 3 months’ notice, effective at the end of the 1-year term of the Agreement.
3. The Client undertakes to collect the Deposit, empty the Commercial Safe Deposit Box and return the keys no later than on the last day of the Agreement.
4. If the Client fails to return the keys to the Commercial Safe Deposit Box no later than on the last day of the Agreement, the Operator shall call the Client in writing by registered mail to submit a statement on the continued rental of the Commercial Safe Deposit Box and pay the fee.
5. In the case of an Agreement concluded for an indefinite period of time, if the Client fails to return the keys to the Commercial Safe Deposit Box or pay the remuneration for the further rental period, the Operator shall be entitled to terminate the Agreement.
6. If the Client fails to respond to the Operator’s request referred to in Clause 4 above for a period of two months from the date of sending the request by the Operator, the Operator shall be entitled to Emergency Opening and placement of the Deposit in a collective safe deposit box belonging to the Operator.
7. If the Client does not collect the Deposit and does not empty the Commercial Safe Deposit Box by the date of termination of the Agreement, the Client shall be obliged to pay the remuneration for non-contractual use of the Commercial Safe Deposit Box in the amount of 300% of the basic fee under the Agreement for each commenced month of use of the Commercial Safe Deposit Box after the termination of the Agreement.
IX. Complaints
1. Clients have the right to file a complaint by submitting an e-mail at the following address: kontakt@bezpiecznyskarbiec.pl or directly at the Operator’s headquarters or the building where the Vault is located. A properly submitted complaint should include at least the following details:
1) the identification of the Client;
2) the identification of the agreement and confirmation of payment for the Commercial Safe Deposit Box Rental;
3) the subject matter of the complaint;
4) the grounds for the complaint.
2. The Operator shall make every effort to consider complaints within 14 days of their receipt at the latest.
X. Privacy Protection
1. When placing an order referred to in Chapter III (2), the Operator becomes the administrator of the personal data received, which will be processed by the Operator to conclude and perform the Agreement.
2. Personal data is used only for:
1) conclusion and execution of the Commercial Safe Deposit Box Rental Agreement (legal basis: Article 6(1)(b) of the GDPR;
2) perform legal obligations imposed on the Company, in particular those regulating the maintenance by the Company of accounting and tax documentation, as well as fulfillment of legal obligations incumbent on the Company as an obliged institution, arising from the Act of 1 March 2018 on the prevention of money laundering and terrorist financing (legal basis: Article 6(1)(c) of the GDPR);perform legal obligations imposed on the Company, in particular those regulating the maintenance by the Company of accounting and tax documentation, as well as fulfillment of legal obligations incumbent on the Company as an obliged institution, arising from the Act of 1 March 2018 on the prevention of money laundering and terrorist financing (legal basis: Article 6(1)(c) of the GDPR);
3) asserting claims, conducting court and debt recovery proceedings (legal basis: Article 6(1)(f) GDPR);
4) internal administrative purposes of the Company, including statistics and internal reporting of the Company (legal basis: Article 6(1)(f) of the GDPR).
3. The recipients of personal data include authorized employees and associates of the Company and external entities providing services to the Company, in particular accounting, legal and IT services. Personal data may also be provided to public administration bodies (ZUS – Social Insurance Institution, US – Tax Office) on the basis of applicable laws.
4. The Client has the right to inspect their own personal data and to verify and modify them.
5. Detailed rules on the processing of personal data can be found in the privacy policy.
XI. Final Provisions
1. The Terms and Conditions and the Agreement, as well as the Price List constitute the entire agreement between the Operator and the Client.
2. Upon the conclusion of the Agreement, the Client agrees to the Deposit in accordance with the provisions of Article 306 § 1 of the Civil Code, the right of pledge to secure the receivables due from the Client to the Operator.
3. By concluding the Agreement, the Client declares that they have read the provisions of the Agreement and the Terms and Conditions, accepts them and does not object to them.
4. In case of conflict between the content of the Terms and Conditions and the Agreement, the provisions of the Agreement shall prevail.
5. Any disputes arising out of or in connection with the Agreement, except for when the Agreement is concluded by the Client who is a consumer or treated as a consumer on the basis of generally applicable law, shall be recognized by the competent court for the seat of the Operator.
6. The Client shall maintain the confidentiality of information regarding the terms and conditions of the Deposits and the security of the Commercial Safe Deposit Boxes and the Vault.
7. The Operator shall have the right to amend the Terms and Conditions for important reasons, i.e:
1) change of generally applicable regulations, if as a result of this change Operator is legally obliged to change the Terms and Conditions,
2) changes in the information systems or security systems of access to the Vault or Commercial Safe Deposit Boxes, if it affects the content of the Terms and Conditions and makes it necessary to modify its wording,
3) issuance of a court judgment or an administrative decision, if the Terms and Conditions contain provisions analogous to those reviewed by the court or authority, which due to the content of the judgment or decision require an amendment to the Terms and Conditions,
4)issuance of an official or court interpretation of the regulations, if it concerns a matter covered by the Terms and Conditions and as a result of their issuance a need arises to amend the Terms and Conditions,
5) the need to correct obvious errors or clerical mistakes or to fill in gaps or inaccuracies in the Terms and Conditions that cannot be removed as a result of interpreting their provisions.
8. If the Client does not agree to the amendments to the Terms and Conditions, they have the right to terminate the Agreement before the effective date of the amendments.
9. The Terms and Conditions shall take effect on November 1, 2020.