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Terms And Conditions
I. GENERAL PROVISIONS
1. The www.waterrower-polska.pl online store operating at www.waterrower-polska.pl conducts commercial activities in the field of the sale of fitness / sports equipment.
The owner of the store is Damian Skiba - Klaczkowski running a business under the name of TROPS Damian Skiba-Klaczkowski with headquarters in Rzeszów 35-604, ul. Szarotkowa 4/5. REGON number 180173330, NIP 813-334-97-86.
2. The www.waterrower-polska.pl online store conducts mail order sales within the territory of the Republic of Poland and the European Union as well as direct sales through stationary stores.
Correspondence Address:
- TROPS Damian Skiba-Klaczkowski
- Szarotkowa 4/5
- 35-604 Rzeszów
Warehouse Address:
- TROPS Damian Skiba-Klaczkowski
- Boya-Żeleńskiego 16/5 (Budynek Inter-Bau)
- 35-105 Rzeszów
- www.waterrower-polska.pl
Seller Bank Account:
88 2490 0005 0000 4500 6534 1971
3. Inquiries can be directed to the e-mail address biuro@waterrower-polska.pl, sklep@waterrower-polska.pl or to the phone number 665-555-040. Telephone contact with the store's service is possible from Monday to Friday from 9:00 to 17:00.
3a. Complaints should be submitted via the form available at the following link: Complaint form. If you encounter difficulties or in other situations, you can contact the complaint department by writing to the e-mail address biuro@waterrower-polska.pl, sklep@waterrower-polska.pl. The complaint department works from Monday to Friday from 9:00 - 17:00.
4. Terms used in the regulations mean: Seller - TROPS Damian Skiba-Klaczkowski Shop - online store run by the Seller at URL www.waterrower-polska.pl Client (Ordering Party) - a natural person, legal entity or organizational unit without legal personality, whose provisions special legal capacity, making "Orders with the obligation to pay" within the Store, Goods - products offered by the Seller for retail sale in the Store, Price - Gross price of the Goods placed next to information about the Product, not including delivery costs, Order with payment obligation - a set of Goods specified for execution, in accordance with these Regulations, by the Employer, Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, using the website of the Store, Civil Code - Act of 23 April 1964 (Text one. Journal of Laws of 2014, item 121, as amended), Consumer - a natural person performing a legal action not related directly to its business or professional activity, Complaint System - an Internet application integrated with the Store, used to record and manage complaints, Regulations - these regulations.
II. OFFER
1. Products presented in the Store do not constitute an offer within the meaning of the Civil Code, but they constitute an invitation to submit offers by the Ordering Party. By making "Orders with the obligation to pay", using the tools available on the store's website or by phone, the Customer places an offer to buy a specific Good under the conditions specified in the product description.
2. Commodity prices are given in Polish zlotys and include VAT tax. Products labeled with the label "Available, dispatch 1-2 days" are processed and sent within 1-2 days of purchase (or / i.e. posting the payment in orders with this form of payment), excluding Saturdays and public holidays. The delivery time depends on the form of delivery chosen by the customer.
3. The Seller makes every effort to ensure that the photos, descriptions and technical data of the products placed in the Store are as realistic as possible. In the event of a possible change of some technical parameters by the manufacturer or a change in the price of the product, the service employee is obliged to immediately inform the customer about this fact by e-mail, telephone or messenger, and enable withdrawal of the "Order with the obligation to pay".
4. A significant part of the assortment - especially large-size products - is sent for transport reasons in a state requiring self-assembly. The installation / operating instructions are included with these and other products.
III. ACCEPTING ORDERS
1. "Orders with an obligation to pay" can be submitted in one of the following ways:
- via the Store's website,
- by sending an e-mail to biuro@waterrower-polska.pl, sklep@waterrower-polska.pl
- by phone during business hours of the Store,
- using an instant messenger or online chat.
2.1 Submitting the "Order with the obligation to pay" and making the purchase of the Goods may take place bypassing the registration procedure or be preceded by the Ordering Party completing the registration form correctly (in particular, providing the personal data required from the form, e-mail address - used later as login) - and determining the password by the Ordering Party). Submission of the "Order with the obligation to pay" is subject to the readiness and acceptance of the Store's terms and conditions. Registration activities are carried out once, and subsequent "Orders with the obligation to pay" are carried out on the basis of logging in to the Customer in the Store by entering a login and a password.
2.2. If the registration procedure is omitted, the submission of the "order with the obligation to pay" is made in accordance with the principles described in paragraph 3.
3. When submitting the "Order with the obligation to pay", it is required to specify:
- the name, color, size and quantity of products,
- name of the recipient,
- the exact delivery address,
- contact phone number,
- e-mail address of the ordering party.
4. Making Orders, excluding paragraphs 1 point c) and d) in the Store is possible 24 hours a day for all days of the year, while their implementation takes place in days and hours specified in the form "Orders with the obligation to pay."
5. Using the Store is possible for the Ordering Party who has the following equipment:
- a PC computer or a portable device that allows you to connect to the Internet and have an operating system,
- broadband internet connection,
- web browser that supports HTML, CSS, JavaScript standards,
- JavaScript enabled,
- enabled cookies files,
- an active e-mail account.
6. The Seller declares that as part of the provision of services described in the Regulations, it is prohibited to provide unlawful content. By accepting the Regulations, the Ordering Party declares that it will not breach the above prohibition.
7. The ordering process through the Store website consists of the following steps:
- the choice of goods by adding them to the basket,
- providing the data mentioned in point 3 or logging in,
- choosing the form of delivery and payment,
- approval of the "Order with the obligation to pay" by the button "I confirm the order with the obligation to pay".
When submitting the "Order with the obligation to pay", from the beginning to the last approval step, the Customer has the possibility to modify the data entered, including the possibility to make changes in the selection of products. To do this, follow the information on the website that contains references to change the data.
8. The ordering party has the option to choose a form of payment from among the following:
- cash on delivery,
- Bank transfer,
- online PayU transfer,
- PayPal online transfer,
- installment loan Installment PayU,
- Santander installment loan.
Payments can be made through several different forms by dividing the total amount into partial amounts and making payments one by one each time specifying the preferred form.
9. After the Customer provides all the necessary data, a summary of "Orders with the obligation to pay" is displayed, containing:
- ordered object,
- unit price and total price of ordered goods,
- total cost of delivery,
- the chosen payment method,
- the chosen method of delivery, including the time of delivery,
- contact details of the ordering party,
- address details of the recipient of the goods.
10. After clicking the "Confirm order with obligation to pay" button, the customer receives an e-mail with information about the acceptance (acceptance) of the order.
11. The Seller reserves the right to additional verification of the Employer's data, e.g. via telephone contact.
12. The Seller reserves the right to refuse to execute Orders placed with an incorrectly completed form or after an ineffective attempt to confirm the "Order with the obligation to pay".
13a. The sales contract is concluded when the Seller receives an electronic confirmation that the Ordering Party has confirmed the order selected by him. In the Telephone Orders, however, the moment of concluding the sales contract should be understood as the time of conversation in which the store's service employee accepted and confirmed the order and at the same time confirmed the content of the proposed contract on paper or other durable medium. 13b. Seller reserves that in the event of an automatic update error when importing data (names, prices, product parameters, availability, etc.) from an xml file. and informing the seller on its website within 48 hours, as well as sending the final information about the automatic update error when importing the data to the buyer within 48 hours of making the purchase transaction, the online sales contract will be deemed not concluded.
14. The sales contract is concluded in Polish.
15. Consolidation, protection and confirmation of the essential provisions of the Purchase Agreement by the Customer is sent to the specified e-mail address of the order and proof of purchase (VAT invoice or receipt) in paper form to the postal address, subject to Chapter III par. 16 of these Regulations.
16. By accepting these terms and conditions, the customer agrees to provide proof of purchase and invoices correcting VAT by electronic channels or sent by post. Invoices are sent in the form of PDF files by e-mail to the e-mail address provided in the order.
17. The seller does not perform "Orders with the obligation to pay" on public holidays in accordance with applicable law. The Seller reserves the right to set other days of non-execution of "Orders with the obligation to pay" than specified in the previous sentence, after prior information on the store's website, assuming that this change does not violate the rights of acquired customers.
19. The Seller is not financially liable for non-delivery of the parcel due to an incorrectly given address by the Ordering Party. In this case, the Buyer is obliged to re-pay the shipping fee or otherwise the "Order with the obligation to pay" is canceled.
20. In the case of installment sale, in matters not covered by these Regulations, the rules of the lender and the provisions of the credit agreement shall apply.
IV. SHIPMENTS COLLECTION
1. At the time of receipt of the shipment, the Buyer is obliged to check the condition of the product and its compliance with the order in the presence of an employee of the Courierska company. In the case of damage to the product or lack of the product indicated in the order, a complaint report should be prepared in the presence of the Courier, containing a description of the damage (a courier must print this protocol).
2. In the case of sales not constituting consumer sales, complaints regarding mechanical damages occurring during transport will be considered only if the defect is discovered in the presence of an employee of the courier company and the complaint protocol will be written down.
3. The courier is obliged to deliver the parcel to the premises of the Buyer only if the weight of the shipment does not exceed 30 kg. In the case of goods of greater weight, the parcel can be delivered only to the door of the building or it must be picked up from the courier's car by the recipient.
4. The order may be picked up in person by the Buyer in the Warehouse located in Rzeszów at Boya Żeleńskiego Street 16/5. The condition to make a personal collection is to make an appointment with an employee of the Online Store regarding the date of such collection.
V. RIGHTS AND PRIVILEGES OF CLIENTS
1. Withdrawal from the contract
1.1 Pursuant to the Act of 30 May 2013 on Consumer Rights (Journal of Laws of 2014, item 827), the Consumer has the right to withdraw from the contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 par. 2 and art. 35 of the Act on consumer rights, by sending a written statement within 14 calendar days from the date of receipt of the Goods. The Seller shall provide the Customer with the template on the withdrawal from the contract in paper form along with the Goods and purchase documents.
Form for withdrawal from the contract for downloading: Form of withdrawal from the contract.
1.2 The statement referred to in point 1.1. You can submit by sending an e-mail to biuro@waterrower-polska.pl, sklep@waterrower-polska.pl or by attaching it to the shipment with the returned Goods, directed to the address for returning the Product (provided in the top of the Regulations).
1.3 The Store will refund to the consumer the sale price of the Goods (including the cost of delivery of the Goods to the Consumer) immediately, i.e. not later than within 14 calendar days from receipt of the Consumer's statement of withdrawal, using the same method of payment as the consumer used or in the form bank transfer to the account indicated by the Customer. The consumer is obliged to return the goods in an unaltered state, unless the change was necessary within the limits of ordinary management; along with a copy of the proof of purchase (eg VAT invoice). Return of the Goods should take place immediately, no later than within 14 days from the date of sending the statement on the Consumer's withdrawal from the contract. The return of the Goods (the cost of sending the Goods back to the Store) takes place at the expense of the Consumer. The consumer is liable for a decrease in the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
1.4 The right to withdraw from the contract is not payable to the Consumer if the subject of the service are audio and audio-visual recordings and stored on computer programs delivered in sealed packaging, if the packaging was opened after delivery, i.e. after the consumer removed the original packaging.
1.5 The right to withdraw from the contract is also not entitled to the Consumer in the event of a service started with the consumer's consent, before the 14-day period for submitting a declaration of withdrawal and for non-prefabricated services manufactured according to the consumer's specification or to satisfy his or her individualized needs, i.e. a thing about the properties defined by the consumer in the order he or she submitted or closely related to his person.
1.6 From 01/01/2021, for a customer who is a natural person concluding a contract directly related to his business, the provisions regarding the consumer shall apply, when the content of the contract shows that he does not have a professional nature for that person, resulting in particular from the subject of the contract performed by him. business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
2. Complaints during the warranty period
2.1. All Goods available in the store are covered by a guarantee. The warranty is not subject to damage caused by negligent or improper use.
2.2. Complaining the goods during the warranty period is limited to filling in a complaint form, available under the Complaint form link or by contacting a consultant. Next, the complaint department employee, in accordance with the existing defect and warranty conditions for a given product, contacts the customer and - if the situation so requires - asks to send the product back together with the signed application form enclosed in PDF form by e-mail.
After receiving information about the complaint from the client and after receiving the product constituting the subject of the complaint together with the information about the defect (roof), the seller is obliged to respond to the complaint within 14 calendar days. The date of repair or replacement of the goods depends on the manufacturer and is up to 30 days.
2.3. In the case of products signed with a door-to-door guarantee, the damaged Product is collected free of charge by the courier at the place of use (address provided by the customer), then repaired and delivered to the same place. In special cases, the repair of the Goods may be carried out by an authorized service technician on site (ie without transport).
2.4. Reporting defects during the warranty period in the "door-to-door" system, please contact with the representative of the Seller or directly with the importer / manufacturer and accurately describe the defect. The service determines whether the replacement or repair of the entire equipment or only a damaged component. By telephone contact or by email, the Customer is notified of the planned arrival date of the courier or service technician. Received equipment is repaired or exchanged for a new one and sent back to the same address within 14 calendar days. The Client is informed on the current necessity of extending this deadline.
3. Incompatibility of the goods with the terms of the contract
3.1. The Civil Code Act of April 23, 1964 (consolidated text, Journal of Laws of 2014, item 121, as amended) imposes an obligation on the Seller to incur liability for non-compliance of goods with the contract if this discrepancy is found before the expiration of 2 years from release of goods. The seller is liable under the warranty if the physical defect is found within two years. The seller is exempt from liability for non-compliance of the consumer good with the contract, if the buyer knew about the defect at the time the contract was concluded or, judging sensibly, he should have known. In the case of non-compliance of the product with the contract, the customer has one month to make the information obligation and request repair or replacement of the product with a new one. If it turns out to be impossible to perform or will require excessive costs, the customer has the option to demand a price reduction or withdrawal from the contract. The seller is obliged to respond to this request within 14 calendar days.
3.2. Complaints arising from the non-conformity of the goods with the contract, begin by contacting the representatives of the Seller and giving the reason for the complaint. Then after determining the form / mode of dispatch - a return to the address for returns (given at the top of the page) of the Product along with the information identifying the purchase and the description of the non-conformity.
3.3. Re-shipment takes place within a time not longer than the time of the Order completion indicated on the page with the product for which the exchange is made.
4. Damages or deficiencies caused in transport
4.1. All courier shipments are covered by transport damage insurance. The insurance expires at the moment of handing over the parcel to the recipient, thus we pay attention to check the parcel for mechanical damage in the presence of the courier.
4.2. In the case of noticing mechanical damage caused during transport or lack of goods in the shipment, it is recommended that the customer together with the supplier / courier draw up and sign a damage report (available from the delivery agent). Upon receipt of an explanation from the representative of the forwarding agent (courier company), the Seller contacts the Customer in order to make further decisions regarding the re-shipment of the Goods or cancellation of the Order and return of cash.
5. Final remarks
5.1. Before the Merchandise mail, the Buyer is obliged to disassemble (eg large-size products) and pack the Goods in a manner enabling its safe transport.
5.2. Shipments sent at the expense of the Store will not be picked up.
5.3. In the event of withdrawal, return or complaint of the Goods from the "Order with the obligation to pay", which was accompanied by a free promotional offer, the Customer is also obliged to return the subject free of charge, on the conditions described in point 1.3. In the event of refusing free return, the Store will refund the returned price to the customer. of the claimed products, less the value of the gratuity - according to the free price.
VI. PRIVACY POLICY AND COOKIES POLICY
1. By registering at the Store, the Customer voluntarily agrees to the processing of his personal data, retaining the right to access, correct and remove them from the database.
2. The Seller is the administrator of personal data regarding the Ordering Party. Data protection is carried out in accordance with the requirements of generally applicable law, including in accordance with Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC is called the RODO, and their storage takes place on protected data carriers. Personal data referred to in these Regulations, the Seller will process only for the purpose and execution of the transaction and marketing activities and will not make it available to other entities except entities authorized in accordance with generally applicable regulations and subject to the provisions of this section and the provisions of the Privacy Policy. The Seller hereby informs that the Customers' personal data and their e-mail addresses are not made available to third parties, with the exception of: the company providing the Store management software in the SaaS model (with the software as a service), ie SIEF-IT Sp. z o.o., for which these data are necessary for the proper operation of the system; intermediary companies in payment transactions, for which these data are necessary for the payment and suppliers for whom this data is necessary to deliver the shipment.
In addition, the Seller informs that every data subject has the right to access data, rectify, delete or limit processing, the right to object, the right to lodge a complaint to the supervisory body. Contact with the Administrator responsible for the processing of personal data is possible: by e-mail: biuro@waterrower-polska.pl, sklep@waterrower-polska.pl or by direct route at Boya Żeleńskiego 16/5 Street in Rzeszów. Seller reserves the right to process your data after termination of the Agreement or withdrawal of consent only to the extent of the need to seek possible claims before the court or if national or EU regulations or international law oblige us to retain data. The Administrator has the right to share personal data of the Customer and other his data with entities authorized under the applicable law (for example law enforcement authorities). The removal of personal data may occur as a result of the withdrawal of consent or filing a legally admissible objection to the processing of personal data. Personal data is processed only by persons authorized or processed by us, with whom we work closely.
3. The customer database of the store vendor - before the entry into force of the GDPR - was registered in GIODO under no. 013002/2013, book number: 131499.
4. All forms used to enter private information are placed in a safe area of the website. Connecting with them is done using the centralized SSL 3.0 protocol (Secure Socket Layer) RSA 128bit - a guaranteed certificate of the Universal Certification Center run by Unizeto Technologies S.A. based in Szczecin, as a result of which all of Customer's personal data are encrypted and even in the event of interception of transmission, impossible to be read by unauthorized persons.
5. During the visit to the store's website, cookies are automatically collected (small text files saved on the user's computer), storing information related to the use of the Store. They refer to session identification (in which, in turn, there are coded login information, products in the cart, recently viewed products, and sorting and product view settings) and store website support settings, serving the purpose of optimizing the use of the Store website. The Shop uses session cookies that are temporary files stored on the device (eg computer, smartphone) of the user until logging out, leaving the website or turning off the browser. As part of the Store, permanent cookies are also used, which remain in the device's memory (eg in a computer, smartphone) for the time specified in their parameters or until they are manually removed by the user in the options available in the web browser settings.
6. The store uses Google Analytics, an online analytics service provided by Google Inc. ( "Google"). Google Analytics collects cookie files that are information about website viewing and user's system profile (including its IP address). This information is passed to Google and stored by it on servers in the United States. Google uses this information to evaluate the use of the website by the user, create reports on site traffic for website operators, and provide other services related to website traffic and Internet use.
6a. The store uses consumer reviews from Google, Google Inc. may place and read cookies in Users 'search engines or use web beacons or similar technologies to collect information in connection with the Google Consumer Opinions program, as well as contain information on the Users ability to manage cookies and may receive information about transactions carried out in the online store.
7. For the needs of the application enabling chat with an online consultant, hereinafter referred to as "livechat", which uses cookies, the information (cookies) of currently browsed website, input source, visit time and data about the operating system, browser is collected. and user location. Information stored in the application livechat are not combined with personal data of Internet users, they are automatically deleted when the user leaves the store's website. The store reserves the right to send specific users an incentive to talk to a consultant in the form of a message. The content of calls made in the livechat system is archived and stored in order to improve the quality of service and for statistical purposes.
8. In case when the source of visits of a given user are advertising creations issued by entities cooperating with the Shop in the CPA ("Cost Per Action") billing model, cookies are created containing the session identification, and after the last step of ordering, data about its number and the amount is transferred to these companies as necessary for billing purposes. These entities are: Grupa Onet.pl S.A., Grupa Allegro Sp. z o.o., C2B S.A., Kafejrownia.pl Ewa Dudek, Agora SA, iweii.com sp. o.o., Money.pl sp. o.o, Sociomantic labs GmbH, Nano Interactive GmbH, Ve Interactive Ltd, the company Ceneo sp. o.o.
8a. The customer making the purchase in the store agrees to transfer his e-mail address to Grupa Allegro Sp. z o.o. based in Poznań and for processing by Sklep and Grupa Allegro Sp. z o.o., the Customer's personal data in order to complete a survey with an opinion about a transaction made in the Store www.waterrower-polska.pl (in accordance with the applicable provisions of the Act on the Protection of Personal Data of 29.08.1997).
8b. The store collects information from buyers about the course of the transaction, to this end it uses the tools provided by Ceneo sp. O.o. On the basis of the contract for entrusting the processing of data concluded with Ceneo sp. O.o. The store provides transaction details (e-mail address, order number and product ID / s) to Ceneo sp. Z o.o. which on their behalf sends invitations to complete the after-sales survey. The survey is used to examine the opinion about the transaction. The buyer may voluntarily complete the survey.
The regulations are available under the link:.
9. Economic entities listed in this Section V of the Regulations, the data they have about the users of the Store, may not transfer to third parties, unless they are obliged to do so under the law.
10. Hereby, the user is informed that the use of this Store website is tantamount to consenting to the processing of data concerning him by the entities listed in this Section V in the manner and for the purposes specified in this section.
With regard to cookies, the user may consent to the use of cookies by means of browser settings. The user can also opt out of cookies by selecting the appropriate settings on the web browser. These settings can be changed to block the automatic handling of "cookies" in the web browser settings or to inform about their each transfer to the user's device. Detailed information on the possibilities and ways of handling cookies are available in the web browser settings. However, it should be remembered that in the case of deletion or limitation of the use of cookies, the use of some functionalities of the Store website may be difficult or impossible.
More information about cookies is available at www.wszystkoociasteczkach.pl or in the "Help" section in the browser's menu.
11. Using certain service options, such as shopping history, is possible only after registration. Registration is voluntary and is not required to place an order. At the time of registration, the Customer is asked to provide his name, address "Residence with the obligation to pay", e-mail address, no. phone number, as well as any login and password you have chosen. Registration activities are carried out once, and subsequent Orders are carried out on the basis of logging in to the Ordering Party in the Store by providing a login and a password.
12. Login and password are confidential. The ordering party bears sole responsibility for damages caused by disclosing it to third parties. The ordering party using the login and password is obliged to update their data provided at registration, each time they are changed. Responsibility for not updating the data is borne by the Ordering Party.
13. Customers who are not registered may also place Orders, then with each purchase they will be asked to provide their name, surname, delivery address and number. phone number and e-mail address.
14. The data collected during registration or purchase are used to correctly execute "Orders with the obligation to pay", and to track the status of "Orders with the obligation to pay" and make changes to it at Customer's request before it is sent. Customers retain the right to inspect, correct and delete their data from the address database after completing the Order in accordance with Art. 32 - 35 of the Act on the Protection of Personal Data. These activities can be done from the store's website after logging in or through contacting the Store.
15. Each contact with the Store service via telephone or e-mail is related to the use of the given data in order to provide an answer. Consultants contact clients through the same communication channels.
16. After placing the order, a confirmation of order acceptance is sent to the e-mail address provided, followed by the current information about the progress of this order. Customers who have agreed to receive information about new products and promotions, receive the same way news from current events in the store. With the newsletter service you can opt out at any time using the form on the website or sending an email with information about the cancellation.
Data collector:
- TROPS Damian Skiba-Klaczkowski
- Szarotkowa 4/5
- 35-604 Rzeszów
VII. FINAL PROVISIONS
1. These terms of service meet the requirements set out in the Act of 18 July 2002 on the provision of electronic services (Unified text Journal of Laws of 2013, item 1422)
2. In all matters not regulated in these regulations, the provisions of the PROP, Civil Code and other acts shall apply, and in relation to consumers also the Act of 30 May 2013 on consumer rights (Journal of Laws of 2014, item 827).
3. For the purpose of implementing the regulations and the contract, Polish law shall apply. In the event of a dispute with the consumer, more favorable provisions of the law of his place of residence will be applied.
4. Using the www.waterrower-polska.pl website means that you accept these terms and conditions and the rules regarding the privacy policy of the Store.
5. Customers can get access to these regulations at any time via the internet link provided on each page of the Store or by entering the address directly (Terms And Conditions) and download it and draw up its print.
6. These regulations constitute a work within the meaning of the Act of 4 February 1994 on copyright and related rights (Unified text Journal of Laws of 2006 No. 90 item 631 with subsequent amendments). It is forbidden to copy, reproduce and disseminate the contents of the provisions of these Regulations for commercial use.