Newsletter Terms and Conditions

1. The newsletter service is provided by Taras Lisniewski, conducting business under the name Taras Lisniewski, located at Wardzyńskich 21, 54-530 Wrocław. The business is registered in the Central Registration and Information on Business under the tax identification number NIP: 7543053665, REGON 362894913.
2. You can contact the Service Provider by email: sklep@polyforma.pl or phone: 726492581.

§2 Definitions

1. Client/User – an entity intending to subscribe to the Newsletter service or purchasing products, a natural person with full legal capacity, or in cases provided for by applicable law, also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, granted legal capacity by law, who has concluded or intends to conclude an Agreement with the Service Provider, also referred to as the User.
2. Consumer – a natural person purchasing for purposes not directly related to their business/professional activity.
3. Newsletter – a type of online bulletin sent periodically to interested Users. The newsletter service involves delivering up-to-date information about products, services, news, updates, promotions, and other relevant content to subscribed Users via email, to the address provided during the registration process. It is used to build relationships and maintain constant communication with the Client. The service is provided free of charge and indefinitely via the polyforma.pl website.
4. Privacy Policy – a document or subpage of the Service specifying the rules for processing personal data, available at https://polyforma.pl/polityka-prywatnosci/.
5. Entrepreneur – a natural person, legal person, or organizational unit without legal personality granted legal capacity by separate law, conducting business on their behalf and using the Store.
6. Entrepreneur with consumer rights – a natural person entering into an agreement directly related to their business activity, where the agreement’s nature is not professional, as indicated particularly by the type of activity registered in the Central Registration and Information on Business.
7. Distance Agreement – an agreement concluded under an organized system for concluding agreements at a distance without the simultaneous physical presence of the parties, using one or more means of distance communication until the agreement’s conclusion.
8. Electronic Service – a service provided electronically via the Service; a service as defined in Article 2, item 4 of the Act on Providing Services by Electronic Means.
9. Regulations – these Newsletter Terms and Conditions.
10. Service Provider – Taras Lisniewski, conducting business under the name Taras Lisniewski, located at Wardzyńskich 21, 54-530 Wrocław. The business is registered in the Central Registration and Information on Business under the tax identification number NIP: 7543053665, REGON 362894913.
11. Agreement – mutual arrangements between the Service Provider and Client determining their rights and obligations.
12. Offer – digital content or other goods the Client receives in exchange for subscribing to the Newsletter. Detailed conditions of the Offer are presented on the Website.

§3 Cooperation Rules and Conclusion of the Agreement

1. The terms of cooperation and conditions of the Agreement are determined by the Regulations and Offer.
2. Before using the newsletter service, the Client is provided access to the Regulations free of charge at the bottom of the Website. The Client can save, download, or print the Regulations at any time from the Website.
3. The Client cannot use the newsletter service anonymously, with false personal data, or under a pseudonym.
4. The Regulations do not limit or exclude the rights of a Consumer or Entrepreneur with consumer rights resulting from mandatory legal provisions.
5. The Agreement is concluded upon the Client’s acceptance of the Regulations, subject to the provisions below.

§4 Technical Requirements

1. The Client may use the newsletter service in accordance with the Regulations and applicable laws.
2. The Service Provider declares that the public nature of the Internet and the use of the newsletter service may involve the risk of data acquisition and modification by unauthorized persons. Clients should use appropriate technical measures to minimize these risks.
3. To use the newsletter service, the Client must have:
   • An up-to-date web browser supported by its producer with Internet access (e.g., Opera, Mozilla Firefox, Google Chrome);
   • An active email account;
   • Current tools/software for handling files in formats specified in the Offer (e.g., *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xls);
   • Minimum recommended screen resolution: 1024×768;
   • Browser-enabled support for Cookies and JavaScript.
4. If additional technical requirements are necessary to use the newsletter service, the Client will be informed before using the newsletter.

§5 Registration

1. Registration for the service constitutes the User’s acceptance of these Regulations and the Privacy Policy.
2. The Service Provider, through the Website, enables the User to conclude an agreement to deliver digital content in the form of a Newsletter, for which the User provides their personal data and consents to receiving the Newsletter, without monetary payment.
3. If the User does not consent to receiving the Newsletter in exchange for their personal data, they may purchase it for a specified price according to the Service Provider’s pricing. Such a purchase requires individual contact with the Service Provider.
4. To register for the newsletter service, the Client must:
   • Complete the registration form available on the Website by providing: email address and name;
   • Accept these Regulations;
   • Accept the Privacy Policy;
   • Consent to receiving commercial information via email in the form of the Newsletter;
   • Confirm their subscription by clicking the confirmation link sent to the email address provided during registration.
5. Consent to receiving the Newsletter is voluntary but necessary to use the service.
6. Registration in the newsletter service adds the User’s email address to the mailing list, which will be used for sending Newsletters.

§6 Complaint Procedure

1. Complaints regarding the newsletter service may be submitted by the User as follows:
   • In writing to the Service Provider’s address: Wardzyńskich 21, 54-530 Wrocław;
   • By email to: sklep@endurodka.com.
2. The complaint should include a clear description, the User’s request, and their contact details, as specified in Appendix 2 to these Regulations.
3. The Service Provider will respond to the complaint without delay, no later than 14 days after receiving it.

§7 Personal Data

1. Personal data provided by Users during registration and use of the newsletter service is processed by the Service Provider.
2. Providing personal data is voluntary but necessary for the Service Provider to provide the newsletter service. Failure to provide data will result in the inability to use the newsletter service.
3. The User has the right to access their personal data, correct it, and request its deletion in accordance with applicable law.
4. Detailed provisions regarding the protection of the User’s personal data are available in the Privacy Policy on the website https://polyforma.pl/polityka-prywatnosci/.
5. Personal data may be transferred to an entity used by the Service Provider for sending the Newsletter.

§8 Right of Withdrawal

1. This section specifies the rules for withdrawal from the agreement by Consumers and Entrepreneurs with consumer rights.
2. A Client who is a Consumer or Entrepreneur with consumer rights has the right to withdraw from the agreement within 14 days, subject to the provisions below. To exercise the right of withdrawal, the Client should inform the Service Provider of their decision through a clear statement sent, for example, via email or a letter to the address provided in the Regulations. A withdrawal form template is included as Appendix 1 to the Regulations.

§9 Amendments to the Regulations

1. The Service Provider reserves the right to amend the Regulations for valid reasons. Valid reasons include the necessity to amend the Regulations due to:
   • Changes in the functionality of the Newsletter requiring modifications to the Regulations; or
   • Changes in legal provisions affecting the implementation of the Agreement by the Service Provider or adjustments to the recommendations, guidelines, orders, or prohibitions, judgments, provisions, interpretations, or decisions of authorized public authorities; or
   • Changes in the Service Provider’s contact or identification details.
2. Information about planned amendments to the Regulations will be sent to the User’s email address provided during the conclusion of the Agreement at least 7 days before the amendments take effect.
3. If the User does not object to the planned amendments before they take effect, it is assumed that they accept them. This does not prevent the User from terminating the Agreement in the future.
4. If the User does not accept the planned amendments, they should send a notification to the Service Provider’s email address, i.e., sklep@endurodka.com, resulting in the termination of the Agreement upon the effective date of the planned amendments.
5. The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the Agreement due to changes in its functionality. Such changes will not involve any costs for the User.
6. If the changes mentioned above significantly and negatively impact the User’s access to or use of the Newsletter, the Service Provider will notify the User in advance on a durable medium about the nature and date of the changes and the User’s rights related to these changes.

§10 Specific Provisions for Entrepreneurs

1. The provisions outlined in this section apply to Entrepreneurs who are not Entrepreneurs with consumer rights.
2. The court competent for resolving disputes between the Service Provider and an Entrepreneur who is not an Entrepreneur with consumer rights is the court competent for the Service Provider’s registered office.
3. The parties exclude the Service Provider’s liability for non-conformity of the goods with the agreement/defects of the item concerning Entrepreneurs who are not Entrepreneurs with consumer rights.
4. The Service Provider has the right to terminate the Agreement with an Entrepreneur who is not an Entrepreneur with consumer rights immediately. In this case, the Service Provider sends the Entrepreneur a termination notice via email or postal address. The Entrepreneur waives any claims in this regard.
5. The Service Provider is not liable for lost profits concerning Entrepreneurs who are not Entrepreneurs with consumer rights.

§11 Final Provisions

1. During force majeure, both parties to the Agreement are exempt from any liability for non-performance or improper performance of the Agreement, provided the force majeure circumstances create obstacles to performing the Agreement. This also applies to the period immediately before or after the occurrence of force majeure if the impact of force majeure prevents the Agreement’s execution.
2. “Force majeure” means sudden or natural events beyond the parties’ control, which could not have been foreseen and could not have been prevented, such as floods, war, acts of terrorism, or the introduction of a state of emergency.
3. When using the newsletter service, it is prohibited to act contrary to the law, good customs, or the personal rights of third parties and to provide information of an unlawful nature.
4. Consumers may seek amicable resolution of disputes and complaint handling by contacting:
   • A permanent consumer arbitration court with a request to resolve a dispute arising from the Agreement;
   • The provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute between the Client and the Service Provider;
   • A district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection;
   • Or use the ODR platform for dispute resolution between consumers and entrepreneurs: http://ec.europa.eu/consumers/odr.
5. Polish law applies, subject to paragraph 8.
6. The Polish court has jurisdiction, subject to paragraph 8.
7. If the Client is a consumer, the provisions of the Regulations do not deprive the consumer of protection granted by the laws of their habitual residence, which cannot be excluded by agreement. If the consumer’s local laws are more favorable, these will apply to the Agreement between the Client and the Service Provider.
8. The Regulations are effective from 2024-12-15.

§12 Copyright and Licenses

1. All materials provided by the Service Provider, including digital products, services, photos, texts, graphics, multimedia, and trademarks, are works within the meaning of the copyright law and are legally protected.
2. The Service Provider or another entity from whom the Service Provider has obtained the appropriate license holds the copyright to the aforementioned materials. Materials may also be used by the Service Provider on another legal basis.
3. All materials provided by the Service Provider may only be used by the Client for personal use unless otherwise stated in the Offer. Unauthorized dissemination, sharing, downloading, or copying of materials beyond permitted use is prohibited.
4. The Service Provider grants the Client a non-exclusive license, without the right to sublicense, and without territorial limitations. Time restrictions are based on the Offer or these Regulations. The license fee is included in the price.
5. The Client may use the materials in the following ways:
   • Fixing and reproducing the work – producing copies of the work using specific techniques, including printing, reprographic, magnetic recording, and digital techniques;
   • Trading the original or copies of the work – distributing, lending, or renting the original or copies;
   • Disseminating the work in ways other than specified in point b – public performance, exhibition, display, playback, broadcasting, and re-broadcasting, as well as making the work publicly available in such a way that anyone can access it at a place and time of their choice.
6. In the event of a breach of these provisions, including copyright infringement, the Service Provider has the right to demand compensation and redress. The Client may be held civilly or criminally liable in this regard.
7. The Service Provider has the right to periodically update Products, especially digital ones.

Appendix 1

WITHDRAWAL FORM TEMPLATE

Fill out the form if you wish to withdraw from the Agreement.

Appendix 2

COMPLAINT FORM

Fill out the form if you wish to submit a complaint regarding non-compliance of the Service with the Agreement.