Regulations
REGULATIONS OF THE NEWSLETTER SERVICE
§ 1
General provisions
1. These regulations (hereinafter: the Regulations) define the rules for the provision by NOTI spółka z ograniczoną odpowiedzialnością with its registered office in Tarnowo Podgórne of commercial information in the form of a Newsletter by e-mail, including the rules for the provision of this service in accordance with the Act of 18 July 2002 on providing services by electronic means.
2. Regardless of other definitions introduced in the Regulations, the terms used in the Regulations mean:
a. Consumer - a User who is a natural person, using the Newsletter Service for purposes not directly related to his business or professional activity;
b. Newsletter / Newsletter service - a service provided by the Service Provider to the User by electronic means, consisting in the delivery to the e-mail address provided by the User, of commercial information made available to the User via e-mail;
c. Service Provider - NOTI spółka z ograniczoną odpowiedzialnością with its registered office in Tarnowo Podgórne (62-080) at ul. Sowia 19, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, under KRS number: 0000440205, NIP: 7811881529, REGON: 302273135, which is the provider of the Newsletter Service, address for service: ul. Sowia 19, 62-080 Tarnowo Podgórne, e-mail address: biuro@noti.pl, contact phone: +48 61 89 66 480,
d. User - a natural person, a legal person or an organisational unit that is not a legal person, that is granted legal capacity by the specific provisions and uses the Newsletter Service.
§ 2
Newsletter service
1. The Newsletter is free of charge and available to any User who meets the conditions referred to in § 3(2) of the Regulations.
2. The Newsletter includes information selected by the Service Provider, including the products offered by him, promotions, inspirations, implemented projects, action plans, events concerning the Service Provider and his business partners, aimed at informing about the Service Provider's products and company, and promoting them.
3. The offers of products presented in the Newsletter do not constitute an offer within the meaning of the Civil Code.
4. The materials, including graphic elements contained in the Newsletter, are subject to proprietary copyrights or other rights of the Service Provider or third parties and are subject to legal protection. The use of the content of the Newsletter for purposes other than reading the Newsletter by the User requires the consent of the Service Provider each time.
5. The frequency of sending the Newsletter is determined by the Service Provider.
6. The User can subscribe to the Newsletter via the website operating under the noti.pl domain, in the "Newsletter" tab.
7. In order to subscribe to the Newsletter, the User should perform all the following steps:
a. provide his e-mail address;
b. check the box containing the statement confirming reading and accepting the Regulations, and the statement confirming reading the Privacy Policy;
c. check the box containing the consent to receive commercial information from the Service Provider to the e-mail address provided by the User;
d. select "Subscribe to the Newsletter";
e. after completing the steps indicated in points a.-d. above, the Service Provider will send an activation link to the e-mail address provided by the User, in order to confirm the correctness of the e-mail address provided by him and the willingness to subscribe to the Newsletter, which the User should click to make a subscription. After completing this step the Newsletter Service becomes active, and a Newsletter Subscription Agreement is concluded between the Service Provider and the User.
6. The Newsletter Subscription Agreement is concluded for an indefinite period and is terminated when the User submits such a request on the terms set out in clause 7 below, upon cessation of the provision of the Newsletter Service by the Service Provider, on the terms set out in clause 8 below or termination of the Newsletter Subscription Agreement by the Service Provider, in the situation referred to in clause 9 below.
7. The User may at any time opt out of further use of the Newsletter Service by performing one of the following steps:
a. clicking the link provided in the footer of each e-mail message containing the Newsletter, which will result in the withdrawal of the consent to send commercial information in the form of a Newsletter by e-mail to the e-mail address provided by the User;
b. raising an object to the further processing of the User's personal data by the Service Provider, pursuant to Art. 21(2) of the GDPR, in any form, using the Service Provider's contact details indicated in § 1(2c) of the Regulations, which will result in the lack of possibility of further implementation of the Newsletter Service.
8. The Service Provider is entitled to cease providing the Newsletter Service at any time, however, for this purpose, he should inform the User about the intention to cease providing the Newsletter Service at least one week in advance, by sending relevant information to the User's e-mail address provided when subscribing to the Newsletter.
9. The Service Provider is entitled to terminate the Newsletter Subscription Agreement with immediate effect, in the event of breach by the User of essential provisions of the Regulations, in particular § 2(4) and § 3(3) of the Regulations. The termination referred to in the preceding sentence may take place by sending a declaration to the User's e-mail address provided when subscribing to the Newsletter.
10. The Service Provider reserves that access to the Newsletter Service may be difficult or impossible during the maintenance work. At the same time, the Service Provider undertakes to make every effort to ensure that such difficulties occur as rarely as possible and as short as possible.
§ 3
Terms of use of the Newsletter
1. The Service Provider will take the utmost care to ensure that the use of the Newsletter by the User is fully comfortable and safe. Nevertheless, the Service Provider informs that the use of the Newsletter constituting a service provided by electronic means may be associated with typical, commonly known risks related to the use of IT equipment and the Internet, in particular related to the interference of third parties in the transmission of data sent via the Internet between the User and the Service Provider. In connection with the above, the Service Provider recommends that the User uses measures to increase security and minimise the possibility of such interference.
2. The Service Provider declares that in order to cooperate with the ICT system, the User's hardware and software must meet the following technical conditions to enable the use of the Newsletter by the User:
a. access to a device that allows to browse websites;
b. active access to the Internet (internet connection);
c. any web browser updated to the latest versions, without any add-ons changing the browser's operation;
d. JavaScript and Cookies technology;
e. acceptance of Cookies coming from the Service Provider that are essential to use the Newsletter;
f. having an active e-mail account.
3. The Service Provider declares, and the User acknowledges that it is forbidden to provide the User, as part of the use of the Newsletter, with unlawful content, in particular content that violates the personal rights of third parties, that is untrue, vulgar, contrary to decency, that violates the principles of social coexistence, is misleading or which may expose the Service Provider or third parties to damage.
4. The User is entitled to submit a complaint regarding the Newsletter Service. The complaint procedure is as follows:
the complaint may be submitted by the User in any form, however, in order to facilitate the complaint procedure, it is recommended to submit the complaint in electronic form to the Service Provider's e-mail address indicated in § 1(2c) of the Regulations or in writing to the Service Provider's address for service, indicated in § 1(2c) of the Regulations;
it is recommended that the User's complaint includes a description of the complaint issue and indication of the requested method of considering the complaint;
The Service Provider will consider the complaint submitted by the User without undue delay, but not later than within 30 days, and will inform the User about the method of its consideration via e-mail or in writing to the address provided by the User, depending on the form of filing the complaint, unless the User has requested the form in which the Service Provider should reply to him.
§ 4
Out-of-court means of redress
1. A User who is a Consumer has the option of using out-of-court methods of considering the complaint and redress. In order to obtain detailed information on the rules of access to these procedures, the User may, among others, contact the County (Municipal) Consumer Ombudsman, the Provincial Inspectorate of Trade Inspection, consumer organisations such as the Consumer Federation or the Association of Polish Consumers, use the consumer helpline run by the Office of Competition and Consumer Protection (hereinafter: OCCP) available at the phone numbers 801 440 220 and 22 290 89 16, get advice by e-mail from the OCCP at the e-mail address: porady@dlakonsumentow.pl, use the search engine of institutions providing consumer support, available at https://www.uokik.gov.pl/pomoc.php, as well as read the information available on the OCCP website at https://www.uokik.gov.pl/ in the "Consumers" tab.
2. The Service Provider informs that a platform for online dispute resolution (ODR platform) between consumers and entrepreneurs is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.
§ 5
Withdrawal from the Agreement
1. The User who is a Consumer may, within 14 days, withdraw from the Newsletter subscription agreement without giving any reason and without incurring costs (hereinafter referred to as: Withdrawal from the Agreement).
2. The period for Withdrawal from the Agreement begins from the date of conclusion of the Newsletter subscription agreement, i.e. from the date of its subscription, in the manner indicated in § 2(5e) of the Regulations.
3. The Consumer may withdraw from the agreement by submitting a declaration of the withdrawal to the Service Provider.
4. The model Declaration of the Withdrawal from the agreement is attached to the Regulations. The use of the model for submitting a declaration of the Withdrawal from the agreement is not obligatory.
5. The declaration of the Withdrawal from the agreement may be submitted in writing to the Service Provider's address for service indicated in § 1(2c) of the Regulations. The User can also submit a declaration of the withdrawal in electronic form to the Service Provider's e-mail address indicated in § 1(2c) of the Regulations.
6. To meet the Withdrawal period, it is enough to send the declaration before its expiry.
7. In the event of Withdrawal from the agreement, the Newsletter subscription agreement is considered not concluded.
§ 6
Final provisions
1. The Regulations are available on the website of the Service Provider, operating under the noti.pl domain, as well as in the registered office of the Service Provider, at the address indicated in § 1(2c) of the Regulations. At the request of the User, the Regulations are made available to the User before taking steps to subscribe to the Newsletter, in a way that the User can access, read and save its content by means of the ICT system used by the User.
2. If the User takes steps to subscribe to the Newsletter, the Regulations will be provided to the User in a manner enabling its access, reading and saving, to the e-mail address provided by him, along with the activation link referred to in § 2(5e) of the Regulations.
3. The Regulations become binding for the User upon their acceptance by checking the box indicating that the User has read the Regulations and accepts them.
4. The Service Provider is entitled to introduce changes to the Regulations. The change to the Regulations comes into force within 7 days from the date of its publication on the website operating under the noti.pl domain. The Service Provider is obliged to inform the User about the change to the Regulations 7 days before the date of its entry into force, via the e-mail address indicated by the User and provide him with the new content of the Regulations at the same time. If the User does not accept the new content of the Regulations, he should inform the Service Provider about it by sending a relevant statement to the Service Provider's e-mail address indicated in § 1(2c) of the Regulations or use the ways to stop using the Newsletter, referred to in § 2(7) of the Regulations, which will result in the termination of the concluded Newsletter subscription agreement.
5. The Annex, Withdrawal form, constitutes an integral part of the Regulations.
6. The Regulations enter into force on October 22, 2020.
Annex to the Newsletter Regulations - withdrawal form
(this form should be completed and sent only in the case of the intent to withdraw from the Agreement)
Recipient:
NOTI sp. z o.o. ul. Sowia 19 62-080 Tarnowo Podgórne
e-mail: biuro@noti.pl
I/We(*) hereby inform on my/our withdrawal from the Sales Contract of the following items(*) the Contract for the supply of the following items(*) the Contract for making the following items(*)/for provision of the following service(*)
…………………………………………………………..
Date of Contract(*)/collection(*)
………..……………………………………….………
Name and surname of the consumer(s)
…………………………………………………………
Address of consumer(s)
………………………………………………………
Date …………………
Consumer's signature ……………………………
(only if the form is sent in paper)
