These Terms and Conditions determine the use of the Newsletter Subscription Service provided by Dariusz Światłoń (hereinafter referred to as the Service Provider), conducting one-person business activity under the business name “Dariusz Światłoń Exito” entered in the Business Activity Central Register and Information Record, holding VAT Reg. No. (NIP) 945 186 90 58 and State Statistical No. (REGON): 1210218051.
Contacting the Service Provider is possible at the following address: ul. Gersona 28, 30-818 Kraków, Poland, tel. No. +48 12 657 00 30 (Monday to Friday from 11.00 a.m. to 6.00 p.m., Saturday from 9.00 a.m. to 1.00 p.m.), e-mail address: email@example.com.
- The following capitalised terms in these Terms and Conditions will have the meanings described below:
- a) Terms and Conditions: these terms and conditions. The Terms and Conditions are the terms and conditions referred to in Art. 8 of the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws [Dz.U.] No. 144 item 1204 as amended).
- b) Service Provider: Dariusz Światłoń, conducting one-person business activity under the business name “Dariusz Światłoń Exito”, entered in the Business Activity Central Register and Information Record, holding VAT Reg. No. (NIP): 945-186-90-58 and State Statistical No. (REGON) 120218051.
- c) User: a natural person, a legal person or an organisational unit without legal personality which uses the Newsletter Subscription Service upon terms specified in these Terms and Conditions.
- d) Consumer: a User who is a natural person, using the Newsletter Subscription Service for a purpose not related directly to his/ her business activity.
- e) Newsletter: an electronic bulletin containing commercial (marketing) information, pertaining to the activities of the Service Provider, sent via e-mail to the e-mail address provided by the User as part of the provision of the Newsletter Subscription Service for the User.
- f) Newsletter Subscription Service: service provided electronically, consisting in provision of the Newsletter to the User by the Service Provider, to the e-mail address specified by the User, upon terms specified in these Terms and Conditions.
2. Terms and Conditions of Providing the Newsletter Subscription Service
The condition of using the Newsletter Subscription Service is the User’s access to an active e-mail account and a device connected to the Internet, equipped with one of the following Internet browsers: Google Chrome, Opera, Mozilla Firefox, Internet Explorer, updated to the newest version.
- Ordering the Newsletter Service takes place via performance of the following activities by the User:
- a) entering, in the electronic form on homepage exito.sklep.pl, of e-mail address and clicking the letter icon or checking the box “Subscribe for the Newsletter” and clicking the button “Register” on the account registration page (“Register” tab);
- b) after expressing the desire to subscribe to the Newsletter in a mode described in point a), an automatic message is sent to the provided e-mail address with a request to confirm the willingness to receive the Newsletter and a request to accept these Terms and Conditions;
- c) clicking the activation link in the e-mail message sent by the Service Provider is tantamount to reading and accepting these Terms and Conditions and ordering the Newsletter Subscription Service (i.e. the consent to receive commercial information within the meaning of the Act on the Provision of Electronic Services of 18 July 2002 to the e-mail address provided on the form).
- At the moment of activating the service, a Newsletter Subscription Service agreement is concluded and, as of this moment, the e-mail address provided by the User is added to the Newsletter subscribers’ list.
- When joining the Newsletter Subscription Service, the User undertakes to observe these Terms and Conditions.
- When using the Newsletter Subscription Service, the User undertakes not to provide and not to transfer any illegal content.
- The Newsletter is sent at least once a month.
- The Newsletter Subscription Service is provided by the Service Provider free of charge, for an unlimited period of time.
- They User may, free of charge and at any moment, change the provided e-mail address to which the Newsletter is sent, or resign from the Newsletter Subscription. To change the e-mail address, the User should remove the hitherto address as described in section 9 of this paragraph, and subsequently subscribe for the Newsletter with a new address, in line with the procedure described in section 2 of this paragraph.
- To unsubscribe from the Newsletter, the User should remove his/ her e-mail address from the electronic form on home page: www.exito.sklep.pl. The User will be redirected to a page where the User should enter the address and click the “unsubscribe” button. After performing this operation, an e-mail will be sent to the User’s e-mail address with a request to confirm unsubscription by clicking the provided link. After clicking the link, the User is unsubscribed and a site is displayed with information that the e-mail address was removed from the Newsletter subscription list.
- The Service Provider may terminate the Agreement on Newsletter Subscription with immediate effect, by sending an e-mail message containing a declaration on ceasing to provide the Newsletter Service to the User’s e-mail address where the Newsletter is sent.
- Complaints pertaining to the Newsletter Service may be filed:
- in writing to the following address: ul. Gersona 28, 30-818 Kraków, Poland.
- via e-mail to the address: firstname.lastname@example.org.
- The complaint should include: (1) a description of causes of complaint; (2) the e-mail address provided by the User when subscribing for the Newsletter Service; (3) contact data of the User filing a complaint, i.e. e-mail address or correspondence address where the response to the complaint is to be sent.
- The response to the complaint filed by the User is to be prepared within 30 days from the date of receipt of the complaint. Absence of a response within the above-stipulated deadline is to be deemed acknowledgement of the complaint.
- A response to the complaint is to be provided by the Service Provider to the User in a written form or via e-mail, i.e. in line with the data made available by the User during the complaint filing process.
4. Personal Data Protection Cookies Policy
The Data Controller of data made available by the User is the Service Provider.
- Personal data in the form of an e-mail address is used to provide the Newsletter Subscription Service upon terms specified herein.
- Personal data is provided voluntarily by the User, yet provision of such data is necessary to use the Newsletter Subscription Service.
- The User has a right to access his/ her personal data, right to request rectification of data, restriction of data processing, transfer data, as well as right to have the provided personal data removed immediately.
5. Changes in Terms and Conditions
- These Terms and Conditions are valid as of 6 April 2017.
- The Service Provider reserves the right to change these Terms and Conditions. In such case, the User is to be informed about changes in the Terms and Conditions 14 days in advance via e-mail.
- No resignation from the Newsletter Subscription Service within a deadline specified in the message (14 days) is deemed the User’s approval for the amended content of the Terms and Conditions after the lapse of such deadline.
6. Final Provisions
The law governing the provision of the Newsletter Subscription Service is the Polish law.
- Issues not included in these Terms and Conditions are governed by the commonly applicable legal provisions, in particular provisions of the Act on the Provision of Electronic Services of 2 March 2002 (Journal of Laws [Dz.U.] No. 144 item 1204 as amended).
- Disputes resulting from performance of the Sale Agreement and application of these Terms and Conditions will be examined by a court having competent subject matter and local jurisdiction in line with the provisions of the Civil Procedure Code of 17 November 1964 (Journal of Laws [Dz.U.] No. 43, item 296 as amended).
- A User who is Consumer has a right to seek out-of-court modes of examining complaints and seeking claims. Inter alia, the User who is a Consumer may:
- a) apply to the permanent arbitration court to settle a dispute resulting from the concluded agreement on provision of the Newsletter Subscription Service;
- b) use the assistance of poviat (municipal) representative for consumer rights or a social organisation the statutory tasks of which include protection of consumers.
- Detailed information about out-of-court modes of examining complaints and seeking claims may be found by the User who is a Consumer on the website: www.uokik.gov.pl.
- To settle a dispute resulting from provision of the Newsletter Subscription Service, the User who is a Consumer may also use the ODR platform available at the following address: www.ec.europa.eu/consumer/odr. The ODR platform is used to settle disputes between consumers and entrepreneurs aiming for out-of-court dispute settlement with respect to contractual obligations resulting from an Internet sale agreement or an agreement on provision of services.