Newsletter regulations

TABLE OF CONTENTS

Section 1 Definitions
Section 2 Newsletter
Section 3 Complaints
Section 4 Personal Data
Section 5 Final Provisions

SECTION 1 DEFINITIONS

consumer – a consumer within the meaning of the Directive of the European Parliament and of the Council 2011/83/EU of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
Newsletter – a free electronic service consisting of the receipt by the Client of previously ordered messages regarding the Store sent electronically by the Service Provider. It includes information about offers, discounts, and news in the Store.
Store – the online store named michaelserge.com – an online store for men operated by the Service Provider at the address: https://michaelserge.com
Service Provider – ALBIN KAMIL POPŁAWSKI, an entrepreneur operating under the company name BM ALBIN POPŁAWSKI, registered in the Central Register and Information on Business Activity maintained by the minister responsible for economic affairs, VAT European Union Identification Number PL9261565906, REGON No. 080219259, ul. Sucha 172, 66-004 Zielona Góra, Poland.
Client – any entity using the Newsletter service.

SECTION 2 NEWSLETTER

  1. The Client uses the Newsletter service voluntarily.
  2. To use the Newsletter service, a device with a web browser in the latest version that supports JavaScript and cookies, and access to the Internet, as well as an active email account, is required.
  3. Email messages as part of this service will be sent to the email address provided by the Client during the Newsletter subscription.
  4. In order to conclude the Agreement and subscribe to the Newsletter, the Client must first provide their email address in the designated place in the Store in order to receive Newsletter messages. By subscribing to the Newsletter, an agreement for the provision of services is concluded, and the Service Provider begins to provide the service to the Client, subject to clause 5.
  5. To ensure the proper delivery of the Newsletter service, the Client is obliged to provide a valid email address.
  6. The email correspondence will include information on how to unsubscribe from the Newsletter and a link to unsubscribe.
  7. The Client may unsubscribe from the Newsletter at any time without providing any reason and at no cost, using the option mentioned in clause 6 or by sending an email to the Service Provider's email address: shop@michaelserge.com.
  8. Clicking the unsubscribe link or sending an email request to cancel the subscription will result in an immediate termination of the service agreement.

SECTION 3 COMPLAINTS

  1. Complaints regarding the Newsletter should be directed to the email address: shop@michaelserge.com.
  2. The Service Provider will respond to the complaint within 14 days of receipt.

    OUT-OF-COURT COMPLAINT MECHANISM AND CLAIMS PROCESSING
  3. In the event that the complaint procedure does not yield the expected results, the Consumer may use, among others:
    1. assistance from the competent European Consumer Centre EWG-Net. The Centres provide Consumers with information about their rights and help solve individual problems related to cross-border transactions. The assistance of Consumer Centres is generally free of charge.
      The list of Consumer Centres relevant to each country can be found at: https://konsument.gov.pl/eck-w-Europie/;
    2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
  4. In addition, the following support options are available in Poland:
    1. mediation conducted by the competent local provincial inspector of trade, to whom a request for mediation should be directed. The procedure is generally free of charge. The list of inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance from the local permanent consumer arbitration court operating at the Provincial Inspector of Trade, where a request for re-examination of the case should be submitted to the arbitration court. The procedure is generally free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance from the city or county consumer ombudsman.

SECTION 4 PERSONAL DATA

  1. The administrator of personal data provided by the Client in connection with the Newsletter subscription is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and the Council concerning data protection – “`GDPR".
  2. The Client's data is processed for the purpose of sending the Newsletter. The basis for processing personal data in this case is the service provision agreement or actions taken at the request of the Client aimed at concluding such an agreement (Article 6(1)(b) GDPR) and the legitimate interest of the Service Provider, consisting of processing data for the purpose of establishing, pursuing or defending potential claims (Article 6(1)(f) GDPR).
  3. The provision of data by the Client is voluntary, but at the same time necessary for the provision of the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide such a service.
  4. The Client's data will be processed until:
    1. the Client unsubscribes from the Newsletter;
    2. the possibility of pursuing claims by the Client or the Service Provider related to the Newsletter ceases;
    3. the Client's objection to the processing of their personal data is accepted – in cases where the basis for processing was the legitimate interest of the Service Provider
    – depending on what is applicable in a given case and what happens last.
  5. The Client has the right to request:
    1. access to their personal data,
    2. rectification of their data,
    3. deletion of their data,
    4. restriction of processing,
    5. transfer of data to another administrator
      and the right to:
    6. submit an objection at any time against the processing of data for reasons related to their particular situation – against the processing of personal data concerning the data subject, based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the administrator).
  6. To exercise their rights, the Client should contact the Service Provider.
  7. If the Client believes that their data is being processed unlawfully, they may lodge a complaint with the President of the Office for Personal Data Protection.

SECTION 5 FINAL PROVISIONS

  1. The Service Provider reserves the right to change these Regulations only for important reasons. An important reason is understood as a necessary change to the Regulations caused by the modernization of the Newsletter service or changes in laws applicable to the Service Provider's service.
  2. Information about planned changes to the Regulations will be sent to the email address provided by the Client when subscribing to the Newsletter at least 7 days before the changes come into effect.
  3. If the Client does not express any objections to the planned change and expects it to take effect, it is deemed to have accepted it.
  4. If the Client does not accept the planned changes, they should send a notification of this fact to the email address of the Service Provider: shop@michaelserge.com. This will result in the termination of the service agreement as of the date the planned changes come into effect.
  5. It is prohibited for the Client to provide unlawful content.
  6. The agreement for the provision of the Newsletter service is concluded in English.
  7. All disputes arising between the Service Provider and a Client who is not a Consumer will be submitted to the court having jurisdiction over the seat of the Service Provider.

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