This document (hereinafter referred to as: "Regulations") defines the rules for Newsletter service provided by SZOPEX-Dutkiewicz spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered seat in Olsztyn (hereinafter referred to as: "Service Provider"), ul. Kotańskiego 6, 10-166 Olsztyn, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn VIII Commercial Division of the National Court Register under KRS number 0000724788, NIP 7390202240, REGON 510525357.
a. Service address: SZOPEX-Dutkiewicz sp. z o.o. sp.k., ul. Kotańskiego 6, 10-166 Olsztyn;
b. BOK phone: 504 075 034 - available on working days, during the working hours of the BOK indicated within the Online Store (charge as for a normal telephone call, according to the tariff package of the service provider used by the customer);
c. BOK e-mail: [email protected].
The Newsletter service regulations are also available in PDF format - download.
§ 1 General provisions
1. The Newsletter service may be used by: (1) a natural person with full legal capacity, (2) a natural person with limited legal capacity in the event that the agreement is concluded in the nature of an agreement commonly concluded for minor current issues of everyday life or if such person obtained a legally effective consent of a statutory representative to the conclusion of the agreement, (3) a legal entity or an organisational unit without legal personality, which is granted legal capacity by the Act, acting through an authorised person. A customer using the Newsletter service shall hereinafter be referred to as the "Customer".
2. Using the Newsletter service is possible provided that the necessary technical requirements are met:
a. computer, smartphone or other similar device with access to the Internet;
c. an active e-mail address;
d. active mobile phone number (in case of providing phone number for Newsletter service).
3. A Customer shall be obliged to use the Newsletter service pursuant to these Regulations and generally applicable provisions of law. Significant violations of the Regulations shall in particular constitute:
a. providing false personal data or failing to immediately inform the Service Provider about its change (in case the update of personal data is necessary to use Newsletter service);
b. supplying content of an unlawful nature, i.e. content violating personal rights and other rights of third parties (prohibition of supplying content of an unlawful nature).
§ 2 Subject and rules of using the Newsletter service
1. The Newsletter service is a free service provided electronically by the Service Provider at the request of the Customer.
2. The Newsletter service provision agreement shall be concluded for an indefinite period of time, on terms and conditions described in these Regulations.
3. A Customer shall have the opportunity to subscribe for the Newsletter service through subscription forms available at online Stores operated by the Service Provider, the list of which constitutes Attachment 1 to these Regulations (hereinafter referred to as the "Online Stores").
4. Providing email address is necessary to provide Newsletter service. A Customer may also optionally make available a mobile phone number. In this case, the Newsletter service shall be provided in the form of e-mail and SMS messages.
5. The subject of the Newsletter service is:
a. sending to the means of electronic communication chosen by the Customer (e-mail, optionally mobile phone), in the form of e-mail or SMS messages, commercial information about products, promotions, discounts, contests and events related to the activities of the Service Provider and its partners, a list of which is available in the Online Store. If the Customer also provides his/her name or city as part of the enrolment process, the commercial information sent is personalized on the basis of the provided data (e.g. by sending commercial information on promotions in stationary Stores located closest to the city indicated by the Customer);
b. sending to the means of electronic communication chosen by the Customer (e-mail, optionally mobile phone), in the form of e-mail or SMS messages, additional commercial information (regardless of the information indicated in point 1 of this paragraph), containing personalized offers or discounts, tailored to the interests and preferences of the Customer, but not significantly affecting his/her decisions (based on personal data made available in the Online Store, in particular through the use by the Customer of other services provided by the Service Provider electronically (in particular Account).
6. Subscription to the Newsletter service in the selected Online Store shall result in receipt of commercial information referred to in section 5 above, predominantly relating to the selected Online Store, and general news relating to the Customer and its partners. In order to receive commercial information relating to other Online Stores, in the same dimension, separate subscriptions to the service shall be made on the websites indicated in Attachment Users of the Account service, available within each Online Store under the terms and conditions indicated in the regulations of the Online Store, may directly manage news subscriptions.
7. In order to conclude the Newsletter service agreement the following steps shall be taken:
a. provide at least the email address in the appropriate field of the Newsletter subscription form, accept the Regulations and click the "subscribe" button.
b. confirm the intention to subscribe to the Newsletter service by clicking on the "confirm subscription" button in the e-mail message sent by the Service Provider to the e-mail address provided by the Customer.
8. Conclusion of the Newsletter service provision agreement shall take place upon clicking by the Customer on the "confirm subscription" button pursuant to section 7 point b above.
9. A Customer may at any time (without stating the reason and bearing any costs) resign from receiving the Newsletter (terminate the Newsletter service agreement): (1) use the deactivation link included in each e-mail message received under the provided service, (2) send an e-mail message with information about the resignation to the address of the Service Provider indicated in the preamble of the Regulations or (3) use the Newsletter functionality under the Account service. The Newsletter service agreement shall expire upon termination.
10. The Service Provider may at any time terminate the Newsletter service agreement with a 14-day notice period for important reasons, which are
a. change of generally applicable provisions of law resulting in a change of mutual rights and obligations of the parties under the Newsletter service provision agreement;
b. change in the scope or termination of Newsletter service by the Service Provider.
11. The Service Provider may terminate the Newsletter Service provision agreement at any time with a 7-day notice period in case of breach by the Customer of § 1 point 3 hereof.
12. The Service Provider shall send statements on termination of the Newsletter Service provision agreement referred to in sections 8 and 9 hereof in the form of an email message sent to the address provided by the Customer upon entering into the Newsletter Service provision agreement.
§ 3 Complaints
1. A Customer may file complaints related to the provision of the Newsletter service by the Seller, for example:
a. in writing, to the address: SZOPEX-Dutkiewicz sp. z o.o. sp.k. Dział Reklamacji ul. Hozjusza 1r, 10-041 Olsztyn,
b. in the form of an e-mail message, to the e-mail address of BOK (indicated e.g. in the Contact tab available in the Internet Store and in the preamble to the Regulations).
2. In order to make the complaint referred to in passage 1 above, the Customer is recommended to indicate: (1) the subject of the complaint, i.e. describe the reason for the complaint, (2) his/her contact details and (3) the preferred form of the Seller's response on a durable medium (e.g. e-mail, written form). Recommendations referred to in the preceding sentence are not a condition for submitting a complaint.
3. The Seller shall respond to complaints on a durable medium within 30 days of their receipt (unless otherwise provided by separate regulations).
§ 4 Personal data
1. The controller of the Customer's personal data processed under the Newsletter service shall be the Service Provider.
2. Customer's personal data shall be processed for the purpose of Newsletter service provision. Providing personal data by the Customer is voluntary, but it is necessary to provide Newsletter service.
4. In matters concerning the protection of personal data, the Customer may directly contact the data protection officer appointed by the Seller by sending a message to the e-mail address: [email protected]
§ 5 Change of Regulations
1. The Service Provider shall be entitled to amend these Regulations for important reasons, which shall be: change of generally applicable provisions of law resulting in amendment of mutual rights and obligations of the parties to the Newsletter Service provision agreement, change of service provision method resulting from technical or organisational reasons, change of the scope of the provided service.
2. The Seller shall inform the Customer about changes to the Regulations by placing the new version of the Terms and Conditions in the "Newsletter Terms and Conditions" available at the Online Store, and by sending an e-mail message with information about the change to the Regulations and the new version of the Regulations to the e-mail address indicated by the Customer.
3. Any change to the Regulations shall become effective 14 days after the date of its communication in the manner indicated in paragraph 2 above.
4. Pursuant to § 2 point 9 above, the Customer may terminate the Newsletter service agreement at any time (also in the case of non-acceptance of the new Regulations content).
§ 6 Final provisions
1. The Regulations are effective from 25.11.2021.
2. The Newsletter service provision agreement shall be concluded in the Polish language.
3. Recording, securing and making available important provisions of the Newsletter service provision agreement shall take place by sending the Customer a message to the indicated email address.
4. These Regulations do not exclude or limit any rights of the Customer (in particular the Consumer), which he is entitled to under mandatory provisions of law. Any provisions of these Terms and Conditions that are less favourable to the Customer than mandatory provisions of law are invalid and those provisions shall apply instead.
5. The Customer may access the Regulations at any time through the "„Newsletter” Service Regulations" available in the Online Store, where he/she may at any time: obtain, reproduce and record the content of the Regulations. Additionally, within the Online Store, the Service Provider shall make available the text of Regulations for download in PDF format.
6. Using the Newsletter service shall involve typical risks related to the use of the Internet, e.g. access to data by unauthorised persons, unauthorised dissemination of data, possibility to receive spam, possibility to be exposed to cracking (security breach) or phishing (password mining). Service Provider has implemented and uses appropriate technical and organizational measures necessary to ensure an adequate level of security of services provided.
7. In matters not regulated herein, generally applicable provisions of Polish law shall apply, and in particular the provisions of the Civil Code, the Consumer Rights Act and the Act on Electronic Services. The provision referred to in the preceding sentence shall not apply if the mandatory provisions of the law indicate other applicable law.
Attachment No. 1 List of Partner Stores