TERMS AND CONDITIONS OF THE NEWSLETTER THEWIDLARZGROUP.COM
1. GENERAL PROVISIONS
- The Website is operated by: The Widlarz Group sp. z o.o., with a registered office in Krakow, ul. Szlak 77/222, 31-153 Krakow, entered into register of entrepreneurs of the National Court Register by District Court Krakow-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS no.: 0000948896, Tax Id. No. (NIP): 6762610444, Industry Id. No. (REGON): 521042593, represented by: Bartłomiej Widlarz (hereinafter: Owner/ Seervice Provider).
- In matters not covered by these Regulations, the provisions of the Terms and Conditions shall apply.
- DEFINITIONS. Whenever the following capitalized phrases are used in the following section of the Terms and Conditions, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:
- a. CONSUMER - A customer who is a natural person entering into a contract with an entrepreneur for the supply of digital content, which contract is not directly related to his/her economic or professional activity.
- b. CUSTOMER/SUBSCRIBER - an individual who, through the Registration Form, subscribed to the newsletter and concluded a contract for the delivery of Digital Content.
- c. DIGITAL CONTENT - this is, for example, an e-book that we make available to the Customer in exchange for correct completion of the Registration Form and consequently subscribing to the Newsletter, and thus concluding a contract with the Service Provider for the provision of digital content.
- d. INTERNET SERVICE- the web pages available at thewidlarzgroup.com and its extensions.
- e. NEWSLETTER - Electronic Service, which allows all subscribers to receive periodic information about the Website, in particular about Products, current activities, marketing actions and Promotional Actions, to the e-mail address provided by the Client, with his/her express consent.
- f. QUASI - CONSUMER - a customer who is a natural person entering into an agreement for the provision of Digital Content directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information of Business Activity (CEIDG in Poland).
- g. REGISTRATION FORM - a form available within the functionality of the Website, through which an individual can order Digital Content from the Service Provider, and thus conclude a contract for the provision of Digital Content.
2. TECHNICAL REQUIREMENTS
- The minimum technical requirements of the Customer's device to enable the conclusion of a contract for the delivery of Digital Content, and its proper delivery are:
- a. a device with access to the Internet;
- b. the latest version of the web browser;
- c. active e-mail account (e-mail address).
- The Customer may unsubscribe from the Newsletter at any time by contacting the Service Provider in the manner specified on the Website or by using the link provided in each message sent to the Customer as part of the Newsletter electronic service.
3. CONCLUSION OF A CONTRACT FOR THE SUPPLY OF DIGITAL CONTENT
- The conclusion of the contract for the provision of Digital Content is made through the Registration Form.
- The Customer is not obligated to pay any amount in exchange for the delivery of Digital Content. The fee that the Customer pays for the delivery of the Digital Content is his/her personal data and consent to subscribe to the Newsletter.
- It is the Client's responsibility to indicate correct and up-to-date data required in the Registration Form, e.g. e-mail address, and to confirm subscription by clicking on the link in the e-mail received from the Service Provider. Providing all data in the Registration Form is voluntary.
- As soon as the Customer confirms the subscription to the Newsletter, in the manner specified above, the effective conclusion of the contract for the delivery of Digital Content takes place.
- Use of the Newsletter service is possible after the following steps are performed by the User:
- a. providing at least your e-mail address or telephone number, in the designated field on the Website, or checking the appropriate checkbox to receive commercial information through the selected communication channel;
- b. acceptance of the provisions of these Terms and Conditions (including additionally by clicking on the activation link sent by the Service Provider to the e-mail address provided by the Client - if such functionality has been made available) and confirmation of reading the Privacy Policy. The Service Provider may also provide other ways to accept the provisions of the Terms and Conditions.
- Newsletter service is provided for an indefinite period of time.
- The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter service (resignation from the service), in particular, by sending a request for discontinuation of the Newsletter service to the contact data provided in Section. 1.3 of the Regulations. Unsubscribing from one of the Newsletter service channels in the manner indicated above, does not mean automatic unsubscribing from the other Newsletter service channel.
- The service provider may at any time terminate the contract for the provision of Newsletter services with one month's notice for valid reasons, understood as (closed catalog):
- a. a change in the laws governing the provision of electronic services by the Service Provider affecting the mutual rights and obligations set forth in the Newsletter contract, or a change in the interpretation of the aforementioned laws as a result of court rulings, decisions, recommendations or recommendations of the relevant authorities or bodies;
- b. change in the manner of providing services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
- c. change in the scope or provision of services to which the provisions of the Regulations apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Regulations.
- The Service Provider shall send its statement to the extent specified in paragraph above to the e-mail address or telephone number provided by the Customer during registration for the Newsletter service.
- The Service Provider may terminate the Customer's Newsletter service agreement upon seven days' notice or deny the Customer's further right to use the Newsletter service, as well as may restrict the Customer's access to some or all of the content referred to above for valid reasons, i.e. in the event of a gross violation of these Terms and Conditions by the Customer, i.e. in situations where the Customer (closed catalog): uses the Newsletter in a manner inconsistent with the provisions of applicable law and violating the rights of third parties, contrary to the provisions of these Terms and Conditions, as well as inconsistent with custom and rules of social coexistence, in particular, provides content of an unlawful nature.
4. THE COST, METHODS AND TIMING OF DELIVERY OF DIGITAL CONTENT
Delivery of the Digital Content is free of charge and is made by sending the Digital Content to the e-mail address indicated by the Customer in the course of filling in the Registration Form or by sending to the Customer's e-mail address a link enabling the download of the Digital Content immediately after conclusion of the contract.
5. DIGITAL CONTENT COMPLAINT AND RIGHT OF WITHDRAWAL
- The Customer, who is a Consumer, and the Quasi – Consumer are entitled to file a complaint about the Digital Content under the rules described in this section.
- Warranty liability to entities that do not have the status of Consumer or Quasi – Consumer is excluded.
- The obligation of the Service Provider is to provide the Digital Content to the Client in accordance with the content of the concluded contract for the provision of Digital Content.
- The Service Provider is responsible for the compliance of the Digital Content with the contract.
- The Service Provider shall be liable for the lack of conformity of the Digital Content with the Contract existing at the time of its delivery to the Consumer and disclosed within 2 years from that time.
- A complaint can be submitted by the customer in any form.
- If the Digital Content does not comply with the Agreement, the Customer, being a Consumer and the Quasi-Consumer, shall have the rights set forth in the Polish Law on Consumer Rights.
- If the Digital Content does not conform to the contract for its delivery, the Consumer and the Quasi – Consumer may demand that it be brought into conformity with the contract for delivery of the Digital Content. If this proves impossible or requires excessive costs, the Customer has the right to withdraw from the contract.
- In addition, a Client who is a Consumer or a Quasi-Consumer may submit a declaration of withdrawal from the contract for delivery of Digital Content when the Service Provider has failed to deliver the Digital Content in conformity with the contract for delivery of Digital Content after exhausting the path referred to in Clause 5.8, when the Service Provider's efforts have failed to deliver Digital Content in conformity with the contract for delivery thereof, when the non-conformity of the Digital Content is so significant that it is considered pointless to oblige the Service Provider to repair it, or when it is evident from the Service Provider's statement that it will not succeed in bringing the Digital Content into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer or the Quasi-Consumer.
- The Customer, who is a Consumer, may withdraw from the contract for delivery of Digital Content, within 14 days from the date of receipt of the Digital Content. The regulations of this section of the Regulations also apply to the Quasi - Consumer.
- To meet the deadline it is sufficient for the Consumer or Quasi – Consumer to submit a statement to the Service Provider before the deadline. The Consumer or Quasi – Consumer may make any unambiguous statement informing of his withdrawal from the contract.
- The declaration of withdrawal may be submitted to the Service Provider in any way.
- The period for withdrawal from the contract begins from the date of delivery of the Digital Content to the Consumer or Quasi - Consumer.
- In the case of effective withdrawal from a remote contract, the contract is considered not concluded.
- The Service Provider is obliged to immediately, but no later than within 14 days from the date of receipt of the statement of the Consumer or Quasi – Consumer on withdrawal from the contract, remove the personal data of the Client provided for the purpose of concluding the contract for delivery of Digital Content and Newsletter subscription.
6. INTELLECTUAL PROPERTY RIGHTS
- The Service Provider owns all copyrights to the Digital Content.
- The Digital Content is made available to the Customer for personal use only.
7. PERSONAL DATA PROTECTION
Provision of personal data by the Customer in the Registration Form is necessary to conclude a contract for the provision of Digital Content and, in this situation, they are processed for the purpose of performing the concluded contract.
- The principles of personal data protection in other areas not covered by these Regulations are defined in the document "Privacy Policy".
- You can find data protection rules for the use of cookies here.
8. FINAL PROVISIONS
- Regulations of the Newsletter version 1.0. enter into force on 1st of August 2024 r.
- If the mandatory regulations of the country of the Customer's habitual residence provide for more favorable conditions for the Customer than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the country of the Customer's habitual residence shall apply.
- The content of these Newsletter Regulations is subject to change. The Service Provider will inform about any changes by posting information on the Website or in the form of an email message. Each person who receives the aforementioned message will be able to submit a statement of termination of contracts for the provision of electronic services (within no more than 14 days from the date of receipt of the message) implemented on the basis of these Regulations.
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