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Newsletter Terms

Newsletter Terms
of the LORGAR Shop

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical requirements
§ 4 The Agreement
§ 5 Complaints
§ 6 Right of withdrawal from the Agreement
§ 7 Personal data
§ 8 Changes to the Terms or the Newsletter
§ 9 Final provisions

§ 1 Definitions

Agreement – the agreement for the supply of the Newsletter.
Consumer – a Service Recipient who is a natural person and who has concluded the Agreement, or is taking steps to conclude it, for purposes not directly related to their business or professional activity.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights (ustawa o prawach konsumenta).
Newsletter – messages about the Shop, including information on offers, promotions and new products in the Shop, supplied free of charge by the Service Provider to the Service Recipient under the Agreement, which constitute digital content within the meaning of the Consumer Rights Act.
Protected Entrepreneur – a Service Recipient who is a natural person concluding the Agreement (or taking steps to conclude it) directly related to their business activity, where the Agreement is not of a professional nature for that person.
Protected Service Recipient – a Service Recipient who is a Consumer or a Protected Entrepreneur.
Service Provider – ASBC POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (a limited liability company) with its registered office at ul. Słowikowskiego 81C, Building H4, 05-090 Raszyn, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register (Sąd Rejonowy dla m.st. Warszawy w Warszawie, XIV Wydział Gospodarczy Krajowego Rejestru Sądowego), under KRS number 0000966060; tax identification number (NIP): 5342649628; statistical number (REGON): 521746101; share capital: PLN 1,100,000.00; paid-up capital: PLN 1,100,000.00.
Service Recipient – any person or entity that has concluded the Agreement or is taking steps to conclude it.
Shop – the LORGAR online shop operated by the Service Provider at https://lorgar.pl.
Terms – these terms.

§ 2 Contacting the Service Provider

Postal address: ul. Słowikowskiego 81C, Building H4, 05-090 Raszyn, Poland
Email address: info@lorgar.pl
Telephone: +48 501 867 434
The cost of a telephone call or data transmission made by the Service Recipient is charged at the standard rate of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that an international call or international data transmission may cost more than a domestic one, depending on the tariff of the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 Technical requirements

To use the digital content covered by the Terms, the following are required:
- an active email account;
- a device with internet access;
- a web browser that supports JavaScript and cookies.

§ 4 The Agreement

The Service Recipient may subscribe to the Newsletter voluntarily.
To receive the Newsletter, it is necessary to conclude the Agreement.
Emails sent under the Agreement will be sent to the email address provided by the Service Recipient when concluding the Agreement.
To conclude the Agreement, the Service Recipient first enters, in the designated place in the Shop, the email address at which they wish to receive messages sent under the Agreement. On subscribing to the Newsletter, the Agreement is concluded for an indefinite period and the Service Provider begins to provide it to the Service Recipient, subject to paragraph 5.
For the Agreement to be performed properly, the Service Recipient must provide a correct email address.
The Newsletter is supplied without undue delay once the Service Provider has created the messages intended for Service Recipients.
Messages sent as part of the Newsletter will contain information on how to unsubscribe, together with an unsubscribe link.
The Service Recipient may unsubscribe from the Newsletter at any time, without giving a reason and without incurring any costs, by using the option referred to in the previous provision or by sending a message to the Service Provider’s email address given in § 2 of the Terms.
Using the unsubscribe link or sending a request to unsubscribe from the Newsletter will result in the immediate termination of the Agreement.

§ 5 Complaints

I. General provisions

The Service Provider asks that complaints concerning the digital content covered by the Terms be submitted to the postal or email address given in § 2 of the Terms.
The Service Provider will respond to a complaint within 14 days of receiving it.

II. Protected Service Recipients

The Service Provider is liable to the Protected Service Recipient for the conformity of the performance with the Agreement, as provided for by generally applicable law, in particular the Consumer Rights Act.
If the Service Provider does not perform the Agreement properly, the Protected Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
If the Service Provider has not supplied the digital content covered by the Agreement, the Protected Service Recipient may call on the Service Provider to supply it. If the Service Provider still fails to supply the digital content covered by the Agreement without undue delay or within an additional period expressly agreed between the Protected Service Recipient and the Service Provider, the Protected Service Recipient may withdraw from the Agreement.
The Protected Service Recipient may withdraw from the Agreement without first calling for the digital content covered by the Agreement to be supplied if:
- the Service Provider has stated, or it is clear from the circumstances, that it will not supply the digital content covered by the Agreement; or
- the Protected Service Recipient and the Service Provider have agreed, or it is clear from the circumstances in which the Agreement was concluded, that a specific time for supplying the digital content covered by the Agreement was essential for the Protected Service Recipient, and the Service Provider did not supply it within that time.
The Service Provider is liable for any lack of conformity of the Newsletter with the Agreement which – since the Newsletter is supplied continuously – occurs or becomes apparent during the period in which it was to be supplied under the Agreement.
If the digital content covered by the Terms is not in conformity with the Agreement, the Protected Service Recipient may demand that it be brought into conformity with the Agreement.
If the digital content covered by the Terms is not in conformity with the Agreement, the Protected Service Recipient must cooperate with the Service Provider, to a reasonable extent and using the technical means least burdensome to them, to establish whether the lack of conformity at the relevant time results from the characteristics of the Protected Service Recipient’s digital environment.
In addition, if the digital content covered by the Terms is not in conformity with the Agreement, the Protected Service Recipient may declare withdrawal from the Agreement where:
- bringing the digital content into conformity with the Agreement is impossible or would require excessive costs within the meaning of Art. 43m(2) and (3) of the Consumer Rights Act;
- the Service Provider has not brought the digital content covered by the Terms into conformity with the Agreement within a reasonable time from being informed of the lack of conformity by the Protected Service Recipient, and without significant inconvenience to the Protected Service Recipient, taking into account the nature of the digital content and the purpose for which it is used;
- the lack of conformity of the digital content covered by the Terms persists even though the Service Provider has tried to bring it into conformity with the Agreement;
- the lack of conformity of the digital content covered by the Terms is so serious that it justifies withdrawal from the Agreement without first using the remedy set out in Art. 43m of the Consumer Rights Act (i.e. requesting that the digital content be brought into conformity with the Agreement);
- the Service Provider has stated, or it is clear from the circumstances, that it will not bring the digital content covered by the Terms into conformity with the Agreement within a reasonable time or without significant inconvenience to the Protected Service Recipient.

III. Out-of-court complaint handling and redress

The Service Provider informs the Consumer that out-of-court methods of handling complaints and pursuing claims are available. The rules for accessing these procedures are available at the offices or on the websites of the bodies authorised to resolve disputes out of court.
The Consumer may, among other options, seek help from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes concerning cross-border purchases. Help from the European Consumer Centres is generally free of charge. A list of the Consumer Centres competent for each country is available at: https://konsument.gov.pl/eck-w-europie/ (in Polish) and on the European Commission website: European Consumer Centres Network (ECC-Net) (in English).

In addition, the following forms of support are available in the Republic of Poland:
- mediation conducted by the locally competent Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which a request for mediation should be submitted. The proceedings are generally free of charge. A list of the inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
- assistance from the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for the case to be heard by the arbitration court should be submitted. The proceedings are generally free of charge. A list of the inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
The previous provision is for information purposes only and does not oblige the Service Provider to use out-of-court dispute resolution methods.
The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
The Consumer may also obtain free assistance from a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów).

§ 6 Right of withdrawal from the Agreement

The Protected Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which the Agreement was concluded.
To exercise the right of withdrawal, the Protected Service Recipient must inform the Service Provider of their decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by post or email). For this purpose, the Protected Service Recipient may use the Service Provider’s details given in § 2 of the Terms or the withdrawal function referred to in paragraph 4.
The Protected Service Recipient may exercise the right to withdraw from an agreement concluded online by using the withdrawal function available at https://lorgar.pl/news/n/55/Complaints-Returns. If this function is used, the Service Provider will, without undue delay, send the Protected Service Recipient an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time it was submitted.
The Protected Service Recipient may use the model withdrawal form set out at the end of the Terms, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for the Protected Service Recipient to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 Personal data

The controller of the 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 the other purposes and legal bases of processing and the recipients of the data – is provided in the privacy policy available in the Shop, in line with the principle of transparency laid down in the General Data Protection Regulation of the European Parliament and of the Council (EU) (the “GDPR”).
The Service Recipient’s data are processed for the following purposes:
- performance of the Agreement; the legal basis for processing personal data in this case is the Agreement or steps taken at the Service Recipient’s request prior to entering into it (Art. 6(1)(b) GDPR);
- analysing the effectiveness of messages sent under the Agreement in order to establish general rules for effective mailings in the Service Provider’s business; the legal basis for processing personal data for this purpose is the Service Provider’s legitimate interest (Art. 6(1)(f) GDPR);
- establishing, pursuing or defending possible claims relating to the Agreement; the legal basis for processing personal data for this purpose is the Service Provider’s legitimate interest (Art. 6(1)(f) GDPR).
Providing data is voluntary on the part of the Service Recipient but necessary to conclude the Agreement and to supply the digital content covered by it. If the data are not provided, the Agreement cannot be concluded and the Service Provider will not supply the digital content covered by it.
The Service Recipient’s data will be processed until:
1. the Agreement ceases to be in force;
2. the Service Recipient or the Service Provider can no longer pursue claims relating to the Agreement;
3. the Service Recipient’s objection to the processing of their personal data is accepted – where the processing was based on the Service Provider’s legitimate interest
– whichever applies in a given case.
The Service Recipient has the right to request:
1. access to their personal data,
2. rectification of their data,
3. erasure of their data,
4. restriction of processing,
5. transfer of their data to another controller,
and also the right:
1. to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them that is based on Art. 6(1)(f) GDPR (i.e. on legitimate interests pursued by the Service Provider).
To exercise their rights, the Service Recipient should contact the Service Provider.
If the Service Recipient believes that their data are being processed unlawfully, they may lodge a complaint with the competent personal data protection authority. In Poland, this is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

§ 8 Changes to the Terms or the Newsletter

The Service Provider reserves the right to amend the Terms only for important reasons. An important reason means the need to amend the Terms due to:
1. a change in the functionality of the Newsletter that requires the Terms to be modified; or
2. a change in the law affecting the performance of the Agreement by the Service Provider, or the adaptation of the services to recommendations, guidelines, orders, prohibitions, judgments, rulings, interpretations or decisions of competent public authorities; or
3. a change in the Service Provider’s contact or identification details.
Information about a planned change to the Terms will be sent to the email address provided by the Service Recipient when concluding the Agreement at least 7 days before the changes take effect.
If the Service Recipient does not object to the planned changes by the time they take effect, they are deemed to have accepted them; this does not in any way prevent the Service Recipient from terminating the Agreement in the future.
If the Service Recipient does not accept the planned changes, they should send notice of this to the Service Provider’s email address given in § 2 of the Terms, which will result in the termination of the Agreement when the planned changes take effect.
The Service Provider may make a change to the Newsletter that is not necessary to keep it in conformity with the Agreement, for the reason indicated in paragraph 1(b) or due to a change in the Newsletter’s functionality. Making such a change will not involve any costs for the Protected Service Recipient. Paragraphs 2–4 apply accordingly.
If the change referred to in the previous provision significantly and negatively affects the Protected Service Recipient’s access to or use of the Newsletter, the Service Provider will send to the Protected Service Recipient’s email address, reasonably in advance and on a durable medium, information about the characteristics and timing of the change and the rights of the Protected Service Recipient in connection with it.

§ 9 Final provisions

The Service Recipient is prohibited from providing unlawful content.
The Agreement is concluded in Polish.
The Agreement concluded under these Terms is governed by Polish law, subject to paragraph 4.
The choice of Polish law for an Agreement concluded with a Consumer under the Terms does not exclude or limit the Consumer’s rights under the mandatory provisions of law that would apply to that Consumer in the absence of a choice of law. In particular, this means that if the national law applicable to a given Consumer provides broader protection than these Terms or Polish law, that broader protection applies.
In the event of a dispute relating to the Agreement with a Service Recipient who is not a Protected Service Recipient, the competent court will be the court having jurisdiction over the Service Provider’s registered office.

Annex No. 1 to the Terms

Below is a model withdrawal form, which the Consumer or Protected Entrepreneur may, but does not have to, use:

MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the agreement)

To:
ASBC POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Słowikowskiego 81C, Building H4, 05-090 Raszyn, Poland
Email address: info@lorgar.pl

I/We(*) ..................................................................... hereby give notice that I/we(*) withdraw from my/our(*) agreement for the provision of the following service(*) / for the supply of the following digital content(*):
..............................................................................................................................................................................
..............................................................................................................................................................................
..............................................................................................................................................................................
Date of conclusion of the agreement(*)
..............................................................................................................................................................................
Name(s) of Consumer(s) / Protected Entrepreneur(s):
..............................................................................................................................................................................
Address(es) of Consumer(s) / Protected Entrepreneur(s):
..............................................................................................................................................................................
..............................................................................................................................................................................

.............................................................................................
Signature of Consumer(s) / Protected Entrepreneur(s)
(only if this form is sent on paper)

Date ............................................

(*) Delete as appropriate.