REGULATIONS FOR PROVIDING THE NEWSLETTER
Table of Contents
- General Provisions
- Definitions
- Technical Requirements
- General Principles
- Newsletter Provision Agreement
- Newsletter Complaints
- Personal Data Processing
- Out-of-court Dispute Resolution
- Amendments to the Regulations
- Final Provisions
§ 1. General Provisions
1. These regulations (hereinafter referred to as the “Regulations”) define the terms and conditions for providing the Newsletter of the online store "adsystem." operating at the website: https://www.adsystem.pl/ (hereinafter referred to as the “Store”).
2. The Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (hereinafter referred to as the "Act on the provision of electronic services").
3. The Newsletter provider is Adsystem limited liability company with its registered office in Bielany Wrocławskie (registered address: ul. Atramentowa 11 55-040 Bielany Wrocławskie), entered in the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number: 0000229449, with NIP (Tax Identification Number): 8942678597, REGON (Statistical Number): 93266059700000, with a share capital of PLN 58,500 (fifty-eight thousand five hundred zlotys) fully paid up (hereinafter referred to as the “Provider”).
4. Contact with the Provider is possible via:
- email – at the address: handlowy@adsystem.pl;
- traditional mail – at the address: Adsystem limited liability company, ul. Atramentowa 11 55-040 Bielany Wrocławskie;
- telephone – at the number +48 672-672-000.
5. Before subscribing to the Newsletter, the Subscriber is required to read these Regulations and the Privacy Policy.
6. In matters not regulated in the Regulations, the provisions of the Store regulations available at: https://www.adsystem.pl/en/information#shop-regulation (hereinafter referred to as the “Store Regulations”) apply.
§ 2. Definitions
The capitalized terms used in the Regulations shall have the following meanings:
- Provider - the term defined in § 1 paragraph 3 of the Regulations;
- Consumer - a natural person who enters into a legal transaction with the Provider not directly related to their business or professional activity;
- Newsletter – digital content within the meaning of the Consumer Rights Act, including commercial information regarding the Provider's current activities (including information about new products and promotions available in the Store);
- Non-conformity – means the non-conformity of the Newsletter with the Newsletter Provision Agreement (the criteria for assessing the conformity of the Newsletter with the Newsletter Provision Agreement are specified in Article 43k paragraphs 1-2 of the Consumer Rights Act);
- Privacy Policy - a document containing information about the processing of Subscribers' personal data by the Provider;
- Entrepreneur - a natural person, legal person, or an organizational unit without legal personality that has been granted legal capacity by specific provisions, conducting business or professional activity in its own name;
- Entrepreneur with Consumer Rights - a natural person conducting business or professional activity in its own name who entered into an Agreement with the Provider directly related to their business activity, but not having a professional character for that person, especially in terms of the subject of the business activity they perform;
- Regulations - the term defined in § 1 paragraph 1 of the Regulations;
- Store Regulations - the term defined in § 1 paragraph 6 of the Regulations;
- Store - the term defined in § 1 paragraph 1 of the Regulations;
- Newsletter Provision Agreement – an agreement for providing the Newsletter within the meaning of the Consumer Rights Act, under which the Provider agrees to provide the Subscriber with the Newsletter free of charge for an indefinite period, and the Subscriber agrees to provide the Provider with personal data;
- Subscriber – a person who is either a Consumer, an Entrepreneur, or an Entrepreneur with Consumer Rights who entered into the Newsletter Provision Agreement with the Provider or took actions aimed at concluding such an Agreement;
- Consumer Rights Act - the Act of May 30, 2014, on consumer rights;
- Act on the provision of electronic services - the term defined in § 1 paragraph 2 of the Regulations.
§ 3. Technical Requirements
1. In order to receive the Newsletter, the following is necessary:
- Internet connection;
- having devices that allow access to the Internet;
- using a web browser that enables the display of hypertext documents linked on the Internet through the WWW network service and supports JavaScript, and also accepts cookies;
- having an active email account.
2. It is prohibited for Subscribers to use viruses, bots, worms, or other computer codes, files, or programs (especially those automating processes, scripts, or applications, or other codes, files, or tools).
3. The Provider informs that it uses cryptographic protection of electronic transfer and the Newsletter by applying appropriate logical, organizational, and technical measures, in particular, to prevent third-party access to data, including by SSL encryption, the use of access passwords, and antivirus or anti-malware programs.
4.The Provider informs that despite the security measures mentioned above, the use of the Internet and electronic services may be at risk of harmful software entering the Subscriber's IT system or device, or third parties gaining access to the data stored on such devices. To minimize the risk, the Provider recommends using antivirus software or measures to protect identity online.
§ 4. General Principles
1. The Subscriber is obligated to use the Newsletter in accordance with generally applicable laws, the provisions of these Regulations, and good manners.
2. It is prohibited for the Subscriber to provide illegal content.
§ 5. Newsletter Provision Agreement
1. To conclude the Newsletter Provision Agreement, the Subscriber should provide the Provider with their email address and submit a statement of consent to receive the Newsletter, confirming that they have read and accepted the terms of the Regulations and the Privacy Policy.
2. The activities mentioned in paragraph 1 above may be performed in any manner, particularly by filling out the electronic form provided in the Store or the order form available in the Store.
3. The Newsletter Provision Agreement is concluded for an indefinite period.
4. The Provider informs, and the Subscriber acknowledges, that:
- the delivered Newsletter is not subject to further updates;
- the frequency and timing of the Newsletter deliveries are not predetermined and depend on the Provider’s current situation
5. The Newsletter is delivered via email to the address provided by the Subscriber.
6. The Subscriber may terminate the Newsletter Provision Agreement at any time and without giving any reason, with immediate effect. Additionally, under Articles 27 et seq. of the Consumer Rights Act, a Subscriber who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from the Newsletter Provision Agreement without providing any reason within 14 (fourteen) days of concluding it.
7. Withdrawal from the Newsletter Provision Agreement or termination of it, regardless of the basis for doing so, requires the submission of a statement to the Provider. Such a statement may be submitted by:
- clicking the unsubscribe link provided in each Newsletter sent to the Subscriber;
- sending the Provider a statement of withdrawal from or termination of the Newsletter 8. Provision Agreement via email. The statement referred to in the preceding sentence may also be submitted using the form provided in Annex 2 to the Consumer Rights Act.
8. The Provider will immediately stop delivering the Newsletter to the Subscriber once one of the actions mentioned in paragraph 7 above has been performed.
§ 6. Newsletter Complaints
1. The provisions of this § 6 apply only to Subscribers who are Consumers or Entrepreneurs with Consumer Rights.
2. The Newsletter delivered to the Subscriber by the Provider must be in conformity with the Newsletter Provision Agreement at the time of its delivery.
3. The Provider is responsible for any Non-conformity existing at the time of delivery of the Newsletter and revealed within 2 (two) years from that time.
4. In case of revealed Non-conformity, the Subscriber may submit a complaint requesting the Newsletter be brought into conformity with the Newsletter Provision Agreement.
5. Complaints may be submitted via email to the address indicated in § 1 paragraph 4 point 1 of these Regulations.
6. The complaint should include:
- the Subscriber's full name;
- email address;
- description of the revealed Non-conformity;
- a request to bring the Newsletter into conformity with the Newsletter Provision Agreement.
7. The Provider may refuse to bring the Newsletter into conformity with the Newsletter Provision Agreement if it is impossible or would require excessive costs.
8. After reviewing the complaint, the Provider will respond to the Subscriber, either:
- acknowledging the complaint and indicating the planned date by which the Newsletter will be brought into conformity with the Newsletter Provision Agreement;
- refusing to bring the Newsletter into conformity due to reasons mentioned in paragraph 7 above;
- rejecting the complaint as unfounded.
9. The Provider will respond to the complaint via email within 14 (fourteen) days of receiving it.
10. If the complaint is accepted, the Provider will bring the Newsletter into conformity with the Newsletter Provision Agreement at its own expense within a reasonable time from the moment of receiving the complaint and without excessive inconvenience to the Subscriber, considering the nature of the Newsletter and its intended purpose. The planned date for bringing the Newsletter into conformity will be indicated in the response to the complaint.
11. In case of revealed Non-conformity, the Subscriber may submit a statement withdrawing from the Agreement if:
- bringing the Newsletter into conformity is impossible or would require excessive costs;
- the Provider fails to bring the Newsletter into conformity as per paragraph 10 above;
- the Non-conformity persists despite the Provider's attempts to bring the Newsletter into conformity;
- the Non-conformity is significant enough to justify withdrawal from the Newsletter Provision Agreement without first requesting the Provider to bring the Newsletter into conformity;
- it is clear from the Provider's statement or the circumstances that the Provider will not bring the Newsletter into conformity within a reasonable time or without excessive inconvenience to the Subscriber.
12. The statement of withdrawal may be submitted via email to the address indicated in § 1 paragraph 4 point 1 of these Regulations.
13. The withdrawal statement should include:
- the Subscriber's full name;
-
email address;
-
the date of Newsletter delivery;
-
a description of the revealed Non-conformity;
-
the reason for withdrawal selected from the reasons listed in paragraph 11 above;
-
he statement of withdrawal from the Agreement.
14. The Subscriber cannot withdraw from the Newsletter Provision Agreement if the Non-conformity is insignificant.
15. In the event of the Subscriber's withdrawal from the Newsletter Provision Agreement, the Provider will immediately cease delivering the Newsletter upon receiving the withdrawal statement.
§ 7. Personal Data Processing
Information about the processing of personal data by the Provider can be found in the Privacy Policy available at: https://www.adsystem.pl/en/privacy-policy
§ 8. Out-of-court Dispute Resolution
1. The provisions of this § 8 apply only to Subscribers who are Consumers.
2. The Subscriber has the option to use out-of-court methods of handling complaints and pursuing claims.
3. Detailed information about the possibility for the Subscriber to use out-of-court methods of handling complaints and pursuing claims, and the rules for access to these procedures, are available at the offices and websites of:
- county (municipal) consumer advocates and social organizations whose statutory tasks include consumer protection;
- Provincial Inspectorates of Trade Inspection;
- the Office of Competition and Consumer Protection.
4. The Subscriber may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
5. The Provider informs that unless required by applicable law, they do not use out-of-court dispute resolution methods. Furthermore, the Provider does not commit to using the ODR platform mentioned in paragraph 4 above.
§ 9. Amendments to the Regulations
1. The Provider may amend the Regulations in the event of:
- changes in the Provider’s details;
- changes in the Provider’s business scope;
- the introduction of new services by the Provider, modifications of existing services, or cessation of services;
- technical modifications to the Newsletter that require adapting the provisions of the Regulations;
- a legal obligation to make changes, including the obligation to adjust the Regulations to current legal requirements.
2. Subscribers will be informed about amendments to the Regulations by publishing the updated version on the Store's website. The updated version of the Regulations will also be sent to Subscribers via email.
3. A Subscriber who disagrees with the amendment to the Regulations may terminate the Newsletter Provision Agreement with immediate effect within 7 (seven) days of receiving the amended version of the Regulations by email. Failure to terminate the Agreement is considered consent to the changes.
4. Termination of the Newsletter Provision Agreement is done by submitting a statement to the Provider. The statement can be sent via email to the address indicated in § 1 paragraph 4 point 1 of the Regulations.
5. Upon receiving the statement mentioned in paragraph 4 above, the Provider will immediately cease delivering the Newsletter.
§ 10. Final Provisions
1. The law applicable to these Regulations and the Newsletter Provision Agreement is Polish law. However, the choice of Polish law does not deprive the Consumer of the protection arising from mandatory provisions of foreign law that would apply in the absence of the choice of Polish law.
2. The current version of the Regulations is effective from 05.03.2025 r.