Newsletter terms and conditions
I. GENERAL PROVISIONS
- These Newsletter terms and conditions (hereinafter referred to as the “Terms and Conditions”), define in particular the terms of the Newsletter service provided by APMAR TRADE sp. z o.o. with its registered office in Wrocław, address: ul. Jana Szczyrki 11, 54-426 Wrocław, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under the KRS number: 0000764425, NIP (Tax ID No.): 8943136355, REGON (Statistical ID No.): 382163714, share capital: PLN 5,000.00, email: firstname.lastname@example.org (hereinafter referred to as the “Seller”).
- “Newsletter” shall be understood to mean a service which enables those Customers who use it to receive information from the Seller about products or an online shop at www.techland-merch.com (hereinafter referred to as the “Online Shop”), including in particular information about special offers or news relating thereto, at the email address or phone number provided by the Customer.
- “Customer” shall be understood to mean a natural person having full legal capacity or, in cases provided for by law, also a natural person having limited legal capacity, and a legal person, or an organizational unit that has no corporate existence but the legal capacity of which is recognised by law, that has concluded, or intends to conclude, a sales contract with the Seller.
- In order to use the electronically provided Newsletter service, the Customer should meet the following technical requirements necessary to interact with the Seller’s IT system: have access to the Internet on a multimedia device; have an email account; and use a cookies-enabled browser: (i) on desktops: (a) for Windows: Google Chrome (three latest versions), Mozilla Firefox (three latest versions), Microsoft Edge (three latest versions), Opera (three latest versions); (b) for Mac: Google Chrome (three latest versions), Mozilla Firefox (three latest versions), Opera (three latest versions), Safari (three latest versions); (ii) on mobile devices: (a) for Android: Chrome for Android (three latest versions), Firefox for Android (the latest version), Samsung Internet (three latest versions), Microsoft Edge (three latest versions); (b) for iOS: Chrome for iOS (three latest versions), Firefox for iOS (the latest version), iOS Safari (three latest versions).
II. USE OF NEWSLETTER SERVICE
- The Online Shop offers an electronically provided service, in the form of a Newsletter service.
- To be able to use the Newsletter service, the Customer needs to:
- enter their email address in the Newsletter sign-up box on the Online Shop website and click on the “Sign up” button, and/or enter their email address and mobile phone number in the order form, mark the relevant consent box, and click on the “Order with Obligation to Pay” button and
- confirm their will to sign up to the Newsletter by clicking on the confirmation link which will be sent automatically to the email address provided by the Customer, which is tantamount to accepting these Terms and Conditions.
- The Customer is obliged to:
- use the Newsletter service in a manner that is compliant with the law and provisions of these Terms and Conditions, in accordance with public decency while respecting the personal rights, copyright and intellectual property of the Seller or any third parties;
- abstain from providing or communicating any content that is illegal, indecent or vulgar;
- use the Newsletter service in such a manner so as not to disrupt the Online Shop’s functioning;
- provide data that are consistent with the state of facts.
- The Customer acknowledges that the use of electronically performed services may be connected with a risk, and that the basic Internet threats that include the following: (i) malware, (ii) spyware, (iii) SPAM, (iv) eliciting of confidential personal information (e.g. passwords) by purporting to be a respectable person or institution (phishing), or (v) attacks on the Customer’s IT system using hacking tools, etc. Protection against the threats associated with the Customer’s use of electronically supplied services may be provided, among other things, by anti-virus programs, enabled firewalls, regular scans of the entire system using an anti-virus program, data transmission encryption, or use of systems and applications from legal and known sources.
- The Newsletter service is provided for an indefinite period of time.
- Detailed information about the processing of the Customer’s personal data in connection with the provision of the Newsletter service is available at: https://techland-merch.com/privacy-policy-cterms-eng-37.html.
- Any and all information contained within the Newsletter is provided for promotional or informational purposes only and any obligations and warranties related to the Newsletter implied by applicable law are excluded to the extent permitted. This includes all digital content, including but not exhaustive of: email, blog, any and all social media (inclusive of: Facebook and Instagram), whether or not they are available for purchase, as resources or education and information only. All content mentioned does not constitute an offer for goods nor services and is not guaranteed to be accurate, complete, reliable, current or error-free. By subscribing to the Newsletter, the Customer accepts and agrees that following any information or recommendations provided therein and all channels of digital content is at their own risk.
III. TERMINATION OF THE CONTRACT
- Customers can unsubscribe from the Newsletter at any time and without giving any reason by sending the relevant request to the Seller at the address for correspondence or email address at email@example.com, or by clicking on the “unsubscribe” link in any Newsletter email sent to the Customer.
- Unsubscribing from the Newsletter shall be tantamount to the termination of the contract for the provision of electronic services of providing the Newsletter between the Seller and the Customer. For the avoidance of doubt, unsubscribing from the Newsletter shall have no effect on the rights or obligations of either party with regard to other contracts made between the parties, unless otherwise agreed.
- The Seller may terminate the contract for the provision of the Newsletter service at any time by giving a one-month notice to the Customer for important reasons. Important reasons shall be understood to mean the following:
- change of laws which govern the provision of electronic services, where such change affects mutual rights or obligations of the Customer and the Seller; or change in the interpretation of such laws stemming from court rulings or decisions, recommendations or instructions of competent institutions or authorities;
- Customer’s breach of these Terms and Conditions;
- change in the services provided by the Seller;
- Seller’s organizational, business or legal changes;
- The Seller’s notice terminating the contract for the provision of the Newsletter service concluded with the Customer shall be sent by email to the Customer’s address provided when signing up to the Newsletter service.
The right to extraordinary termination with immediate effect for good cause remains unaffected.
IV. COMPLAINTS PROCEDURE AND SELLER’S LIABILITY
- Any complaints relating to the provision of the Newsletter service should be sent to the following email address: firstname.lastname@example.org, stating the name, surname and contact details of the person lodging the complaint and describing in detail the irregularities that are being reported.
- The Seller shall examine the complaint promptly, not later however than within 30 days of receiving the Customer’s complaint.
- The Customer shall receive an email response at the email address from which the complaint was sent.
- The liability of the Seller to the Customer who is not a consumer, regardless of the legal basis thereof, is limited, for any one claim and for all claims in the aggregate, to PLN 1,000.00. The Seller shall only be liable to the non-consumer Customer for typical damage that is foreseeable at the time of conclusion of the contract and shall not be liable to the non-consumer Customer for any loss of profits.
V. PROVISIONS RELATING ONLY TO GERMAN CUSTOMERS (IE. TO WHOM GERMAN LAW APPLIES)
Section IV.4 of Terms and Conditions is applicable to German Customers in the following wording: “The Seller shall be liable to the Customers without limitation for intent or gross negligence, for injury to life, limb or health, according to the regulations of the product liability law as well as for the extent of a guarantee assumed by the Seller. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), the liability of the Seller shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question. The above limitation of liability shall also apply to the personal liability of the Seller‘s employees, representatives and bodies.”
VI. FINAL PROVISIONS
- These Terms and Conditions form a model contract.The content of these Terms and Conditions may be recorded by the Customer at any time by being printed out, saved onto a storage medium or downloaded from the Online Shop website.
- The exclusive rights to the content used by the Seller, including in particular the copyright, trademarks, industrial signs, patents or any content which forms the Seller’s trade secret, are protected by law and are vested in the Seller or in the entities with which the Seller has entered into the relevant agreements. The Customer has the right to use the aforementioned content free of charge, in accordance with the provisions of law, but only for his or her own personal use and solely for the purpose of proper use of the Newsletter service.
- The Seller may unilaterally amend these Terms and Conditions for important reasons which include the following:
- change of the scope or manner of provision of services to which these Terms and Conditions apply, by implementing new or by amending or deleting the existing functionalities or services;
- change of laws which govern in particular the provision of electronic services by the Seller, where such change affects mutual rights or obligations of the Customer and the Seller; or change in the interpretation of such laws stemming, e.g. from court rulings or decisions of competent authorities;
- change of the manner of provision of services to which these Terms and Conditions apply, as a result of technical or technological changes.
- If these Terms and Conditions are amended, the Seller will make the consolidated text of these Terms and Conditions available to the Customer by posting it on the Online Shop website and by sending an email to the Customer’s email address given on conclusion of the contract for the provision of the Newsletter service, which shall be considered by the Customer and by the Seller as introduction of information about amendment to the means of electronic communication in such a manner that the Customer could have read its content.
- Any amendment of these Terms and Conditions shall come into force upon expiration of 14 days after the information about any such amendment is sent. Customers shall have the right to terminate their contracts for the provision of the Newsletter service, provided that the requirements referred to in Articles 384 and 384(1) of the Polish Civil Code have been met, within 14 days of being notified of the amendment of these Terms and Conditions.
- The current version of these Terms and Conditions can always be found at: https://techland-merch.com/Regulamin-Newsletter-cterms-pol-31.html
- Customers who are consumers will be notified of any planned assignment of rights and obligations arising under their contracts for the provision of the Newsletter service with the Online Shop to another entity by email not later than 14 days prior to the planned assignment date. Customer’s failure to object to the assignment of rights and obligations within that time limit shall be deemed to be their consent. Customers who are consumers have the right to assign their rights and obligations arising under their contracts for the provision of the Newsletter service with the Online Shop to another entity. In such a case, the Customer must notify the Online Shop of the planned assignment by email not later than 14 days prior to the planned assignment date. Failure to object to the assignment of rights and obligations within the aforementioned time limit shall be deemed to be the Seller’s consent.
- In matters not regulated under these Terms and Conditions, the following shall apply: provisions of the Online Shop Terms and Conditions available from: email@example.com (hereinafter referred to as the “Online Shop Terms and Conditions”); generally applicable Polish laws and other relevant provisions of the generally applicable law.
- In the event of any discrepancies between the provisions of these Terms and Conditions and those of the Online Shop Terms and Conditions, the provisions of these Terms and Conditions shall prevail.
- The choice of the Polish law under these Terms and Conditions does not deprive the consumer of the protection afforded to him or her under the provisions that cannot be excluded by agreement between the Seller and the consumer under the law that would be applicable under the relevant regulations in the absence of choice.
- These Terms and Conditions come into force as of 9 august 2022.