Newsletter Terms and Conditions

in BIOSCALING store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right to Withdraw from the Agreement
§ 7 Personal data
§ 8 Changes to the Regulations or Newsletter
§ 9 Final provisions

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Mailing address: Jarosława Iwaszkiewicza 31/11, 10-089 Olsztyn
2. E-mail address: info@bioscaling.com
3. Phone: 503506888
4. The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider whose services the Service Recipient uses. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

1. To use the digital content covered by the Regulations, you need:
   • active email account;
   • a device with Internet access;
   • a web browser that supports JavaScript and cookies.

§ 4 AGREEMENT

1. The Service Recipient may voluntarily subscribe to the Newsletter.
2. In order to receive the Newsletter, it is necessary to conclude an Agreement.
3. E-mails sent under the Agreement will be sent to the e-mail address provided by the Service Recipient at the time of concluding the Agreement.
4. In order to conclude the Agreement, the Service Recipient first provides their e-mail address in the designated place in the Store, to which they wish to receive messages sent under the Agreement. At the time of signing up for the Newsletter, the Agreement is concluded for an indefinite period, and the Service Provider will begin providing it to the Service Recipient - subject to paragraph 5.
5. For the proper execution of the Agreement, the Service Recipient is obliged to provide his/her correct e-mail address.
6. The Newsletter is delivered immediately after the Service Provider creates the message intended for the Service Recipients.
7. The messages sent as part of the Newsletter will contain information on the possibility of unsubscribing from it, as well as a link to unsubscribe.
8. The Service Recipient may unsubscribe from the Newsletter without giving any reason and incurring any costs, at any time, using the option referred to in the previous provision, or by sending a message to the e-mail address of the Service Provider provided in § 2 of the Regulations.
9. The Service Recipient uses the link to unsubscribe from the Newsletter or sends a message requesting unsubscription from the Newsletter will result in immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding digital content covered by the Regulations be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service Recipient for the compliance of the provision with the Agreement, as provided for by generally applicable legal provisions, including in particular the provisions of the Consumer Rights Act.
4. In the event of improper performance of the Agreement by the Service Provider, the privileged Service Recipient has the option of exercising the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Service User may call upon him to deliver it. If, despite this, the Service Provider fails to deliver the digital content covered by the Agreement immediately or within an additional period expressly agreed by the Privileged Service User and the Service Provider, the Privileged Service User may withdraw from the Agreement.
6. A privileged Service Recipient may withdraw from the Agreement without being requested to deliver the digital content covered by the Agreement if:
   • it is clear from the Service Provider's statement or the circumstances that he will not provide the digital content covered by the Agreement or
   • The privileged Service Recipient and the Service Provider have agreed, or it clearly follows from the circumstances of concluding the Agreement, that the specified deadline for delivery of the digital content covered by the Agreement was of significant importance to the privileged Service Recipient and the Service Provider did not deliver it within that deadline.
7. The Service Provider shall be liable for any non-compliance of the Newsletter with the Agreement, which – due to the fact that the Newsletter is provided continuously – occurred or became apparent at the time when it was to be delivered in accordance with this Agreement.
8. If the digital content covered by the Regulations is inconsistent with the Agreement, the Privileged Service User may request that it be brought into compliance with the Agreement.
9. In the event of non-compliance with the Agreement of digital content covered by the Regulations, the Privileged Service User is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for them, in order to determine whether the non-compliance with the Agreement results from the characteristics of the Privileged Service User's digital environment in a timely manner.
10. In addition, if the digital content covered by the Regulations is inconsistent with the Agreement, the privileged Service User may submit a declaration of withdrawal from the Agreement when:
    • bringing this digital content into compliance with the Agreement is impossible or requires excessive costs pursuant to Article 43m paragraphs 2 and 3 of the Consumer Rights Act;
    • The Service Provider has failed to bring the digital content covered by the Regulations into compliance with the Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the lack of compliance with the Agreement, and without excessive inconvenience to the Privileged Service Recipient, taking into account its nature and the purpose for which it is used;
    • the lack of conformity with the Agreement of the digital content covered by the Regulations persists despite the Service Provider's attempt to bring it into conformity with the Agreement;
    • the lack of conformity of the digital content covered by the Regulations with the Agreement is so significant that it justifies withdrawal from the Agreement without prior use of the protection measure specified in Article 43m of the Consumer Rights Act (i.e. requesting that the digital content be brought into conformity with the Agreement);
    • it clearly follows from the Service Provider's statement or the circumstances that he will not bring the digital content covered by the Regulations into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES

11. The Service Provider informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle out-of-court disputes. The Consumer may use, among others:
    • assistance from the appropriate European Consumer Centre from the European Consumer Centre Network. The centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. The list of Consumer Centres competent for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
    In addition, in the Republic of Poland you can use the following forms of support:
    • mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
    • assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
12. The previous provision is informative and does not constitute an obligation for the Service Provider to use extrajudicial means of resolving disputes.
13. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
14. The consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. A privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
2. The deadline for withdrawal from the Agreement expires after 14 days from the date of conclusion of this Agreement.
3. In order for the privileged Service User to be able to exercise the right to withdraw from the Agreement, he or she must inform the Service Provider, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the Agreement by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
4. A privileged Service Recipient may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
5. In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the privileged Service Recipient to send information regarding the exercise of his right to withdraw from the Agreement before the deadline for withdrawal from the Agreement expires.

§ 7 PERSONAL DATA

1. The administrator of personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including other purposes and bases of data processing, as well as recipients of data, can be found in the privacy policy available in the Store - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
2. The purpose of processing the Service Recipient’s data is:
   • performance of the Agreement; the basis for the processing of personal data in this case is the Agreement or actions taken at the request of the Service Recipient, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR);
   • analysis of the effectiveness of messages sent under the Agreement in order to establish general principles for effective sending in the Service Provider’s activities; the basis for the processing of personal data for this purpose is the legitimate interest of the Service Provider (Article 6, paragraph 1, letter f of the GDPR);
   • determining, pursuing or defending any claims related to the Agreement; the basis for the processing of personal data for this purpose is the legitimate interest of the Service Provider (Article 6, paragraph 1, letter f of the GDPR).
3. Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude the Agreement and deliver the digital content covered by it. Failure to provide data will result in the Agreement not being able to be concluded and the Service Provider will not deliver the digital content covered by it.
4. The Service Recipient’s data will be processed until:
   1. the Agreement will cease to apply;
   2. the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Agreement will cease;
   3. the Service Recipient's objection to the processing of his/her personal data will be accepted - if the basis for the data processing was the legitimate interest of the Service Provider
   – depending on what applies in a given case.
5. The Service Recipient has the right to request:
   1. access to your personal data,
   2. their corrections,
   3. deletions,
   4. restrictions on processing,
   5. transferring data to another administrator
      and also the law:
   6. to object at any time to the processing of data for reasons related to the specific situation of the Service Recipient - to the processing of personal data concerning him, based on Article 6 paragraph 1 letter f of the GDPR (i.e. on legally justified interests pursued by the Service Provider).
6. In order to exercise his/her rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient considers that their data is being processed unlawfully, the Service Recipient may file a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE REGULATIONS OR NEWSLETTER

1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason is understood as the need to change the Regulations caused by:
   1. a change in the functionality of the Newsletter, requiring a modification of the Regulations or
   2. a change in legal regulations affecting the performance of the Agreement by the Service Provider or adapting the services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or
   3. change of the contact or identification details of the Service Provider.
2. Information about the planned change to the Regulations will be sent to the e-mail address of the Service Recipient provided at the time of conclusion of the Agreement at least 7 days before the changes come into effect.
3. If the Service Recipient does not object to the planned changes before they enter into force, it is assumed that he or she accepts them, which does not constitute any obstacle to terminating the Agreement in the future.
4. In the event of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address provided in § 2 of the Regulations, which will result in termination of the Agreement upon entry into force of the planned changes.
5. The Service Provider may make a change to the Newsletter that is not necessary to maintain its compliance with the Agreement, for the reason indicated in section 1 letter b or due to a change in the functionality of the Newsletter. The introduction of the change referred to in the previous sentence will not involve any costs on the part of the privileged Service Recipient. The provisions of sections 2-4 shall apply accordingly.
6. If the change referred to in the previous provision significantly and negatively affects the access of the Privileged Service User to the Newsletter or use thereof, the Service Provider shall send to the e-mail address of the Privileged Service User in due advance, on a durable medium, information about the characteristics and deadline for making this change and the rights of the Privileged Service User in connection with this change.

§ 9 FINAL PROVISIONS

1. The Service Recipient is prohibited from providing content of an illegal nature.
2. The contract is concluded in Polish.
3. The agreement concluded on the basis of these Regulations is subject to the provisions of Polish law, subject to paragraph 4.
4. The choice of Polish law for the Agreement concluded on the basis of the Regulations with the Consumer does not waive or limit the rights of the Consumer to which he is entitled under the mandatory provisions of law, which are applicable to this Consumer in a situation where there is no choice of law. This means in particular that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law - this broader protection shall apply.
5. In the event of a potential dispute with a Service Recipient who is not a privileged Service Recipient, related to the Agreement, the competent court will be the court having jurisdiction over the registered office of the Service Provider.
6. Any liability of the Service Provider in connection with the Agreement towards a Service Recipient who is not a privileged Service Recipient is excluded, to the extent permitted by law.