Newsletter Terms

DWATRO LABORATORIES NEWSLETTER TERMS

§ 1. General provisions

1. Pursuant to Article 8(1)(1) of the ustawa z dnia 18 lipca 2002 roku o świadczeniu usług drogą elektroniczną (Polish Act of 18 July 2002 on the provision of services by electronic means, Dz. U. 2020, item 344, consolidated text of 3 March 2020, as amended), the Service Provider hereby establishes these Terms of the Newsletter service provided by electronic means, hereinafter referred to as the „Terms”.

2. The Terms set out in particular:

the conditions for the provision of the Newsletter service, including the technical requirements necessary for interoperability with the ICT system used by the Service Provider,
the prohibition on the Service Recipient supplying content of an unlawful nature,
the conditions for concluding and terminating the agreement for the provision of the Newsletter service,
the complaint handling procedure.

3. The expressions used in the Terms shall mean:

ElektrU - ustawa z dnia 18 lipca 2002 roku o świadczeniu usług drogą elektroniczną (Polish Act of 18 July 2002 on the provision of services by electronic means, Dz. U. 2020, item 344, consolidated text of 3 March 2020, as amended),
k.c. – ustawa z dnia 23 kwietnia 1964 roku Kodeks cywilny (Polish Civil Code, Act of 23 April 1964, Dz. U. 2022, item 1360, consolidated text of 29 June 2022, as amended),
Consumer – a Service Recipient who is a consumer within the meaning of Article 221 k.c.,
Newsletter – a service provided by electronic means, on the basis of which the Service Recipient, by way of subscription, expresses the wish to receive free of charge, at the e-mail address indicated by them, commercial information originating from the Service Provider and concerning the Service Provider, the Shop and the products available in it,
Privacy Policy – the tab available in the Shop containing provisions concerning the rules for the processing of personal data,
PrKonsU – ustawa z dnia 30 maja 2014 roku o prawach konsumenta (Polish Act of 30 May 2014 on consumer rights, Dz. U. 2020, item 287, consolidated text of 21 February 2020, as amended),
PrTelekomU – ustawa z dnia 16 lipca 2004 roku Prawo telekomunikacyjne (Polish Telecommunications Law, Act of 16 July 2004, Dz. U. 2022, item 1648, consolidated text of 5 August 2022, as amended),
Shop – the website operated by the Service Provider at www.dwatrolaboratories.com,
Service Recipient – a natural person, a legal person or an organisational unit without legal personality which uses the services provided by electronic means by the Service Provider, being at the same time a service recipient within the meaning of Article 2(6) ElektrU,

Service Provider – Dwatro Laboratories Spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia (81-061) at ul. Hutnicza 36B, entered in the register of entrepreneurs of the Krajowy Rejestr Sądowy (Polish National Court Register) kept by the Sąd Rejonowy Gdańsk-Północ w Gdańsku (District Court Gdańsk-North in Gdańsk), VIII Wydział Gospodarczy Krajowego Rejestru Sądowego (8th Commercial Division of the National Court Register), under KRS number: 0000905942, holding NIP: 9581709040, REGON: 38634317500000, being at the same time a service provider within the meaning of Article 2(6) ElektrU and an entrepreneur.

§ 2. Conditions for the use of the Newsletter.

1. The use of the Newsletter is conditional upon the Service Recipient reading these Terms, accepting the content of the Terms and complying with them.

2. The Service Recipient may not use the Newsletter in a manner that infringes the law, the Terms, good practice, the personal rights of third parties or the legitimate interests of the Service Provider.

3. The Service Recipient may not supply content of an unlawful nature, in accordance with Article 8(3)(2)(b) ElektrU.

4. The technical requirements necessary for interoperability with the ICT system used by the Service Recipient are as follows:

a terminal device with access to the Internet,
access to electronic mail,
the latest version of the Microsoft Edge, Firefox, Google Chrome, Opera or Safari web browser installed on the terminal device,
the Windows, MacOS, iOS or Android operating system present on the terminal device,
Cookies support enabled in the browser,
a program for reading files in PDF format installed on the terminal device,
a program for reading files in DOC and DOCX format installed on the terminal device,
holding a mobile phone number.

5. The use of the Newsletter is free of charge and does not involve any costs on the part of the Service Recipient.

§ 3. Conclusion of the agreement for the provision of the Newsletter service.

1. The Service Provider enables the Service Recipient to conclude, via the Shop, an agreement for the provision of the Newsletter service.

2. In order to conclude the agreement referred to in paragraph 1, the Service Recipient:

indicates, in the place designated for this purpose in the Shop, the data required by the form, in particular an e-mail address,
reads and accepts these Terms and the Privacy Policy,
consents to receiving commercial information by electronic mail, in accordance with Article 10(2) ElektrU,
consents to the processing of their personal data for direct marketing purposes, in accordance with Article 172(1) PrTelekomU,
confirms the intention to conclude the agreement referred to in paragraph 1.

3. The provision by the Service Recipient of the data required by the Service Provider is voluntary, but necessary in order to conclude the agreement referred to in paragraph 1.

4. In connection with the conclusion of the agreement referred to in paragraph 1, the Service Recipient consents to the processing of the personal data provided by them, in particular their first name, surname, e-mail address and mobile phone number, for the purpose of performing the services covered by the agreement referred to in paragraph 1, as well as for direct marketing purposes.

5. On the basis of the agreement referred to in paragraph 1, the Service Provider may deliver to the e-mail address provided by the Service Recipient messages containing commercial information, and may also use the e-mail address provided by the Service Recipient for direct marketing purposes.

6. The agreement is concluded for an indefinite period.

§ 4. Termination of the agreement.

1. The Service Recipient may at any time terminate the agreement for the provision of the Newsletter service with immediate effect and without giving reasons by:

sending an appropriate statement by electronic mail to the address: [email protected],
sending an appropriate statement in writing to the address: ul. Hutnicza 36B, 81-061 Gdynia,
clicking the link requesting the removal of the address from the mailing list, available in a message delivered as part of the Newsletter.

2. The Service Provider may at any time terminate the agreement for the provision of the Newsletter service with immediate effect and without giving reasons by sending an appropriate statement by electronic mail to the address indicated by the Service Recipient when concluding the agreement.

§ 5. Complaints procedure.

1.The Service Recipient may lodge a complaint with regard to the provision by the Service Provider of the services covered by these terms.

2. A complaint may be lodged:

by sending the complaint to the electronic mail address: [email protected],
by sending a written complaint to the address: ul. Hutnicza 36B, 81-061 Gdynia.

3. For the purposes of examining the complaint, it is recommended that the Service Recipient provide the following data:

first name, surname, residential address and electronic mail address, as well as an indication of the reason for the complaint,
information concerning the subject matter of the complaint, in particular the date on which the irregularity occurred or was noticed,
the demand raised in connection with the complaint.

4. The Service Provider is obliged to respond to the Service Recipient's complaint within 14 days from the date on which the complaint was lodged in the manner provided for in paragraph 2, notifying the Service Recipient of the manner in which the complaint has been dealt with.

§ 6. Out-of-court dispute resolution.

1. The Consumer has the possibility of using out-of-court methods of dispute resolution, including out-of-court methods of handling complaints and pursuing claims. Detailed information in this respect is available on the website of the Urząd Ochrony Konkurencji i Konsumentów (Polish Office of Competition and Consumer Protection): Out-of-court resolution of consumer disputes

2. The Consumer also has the possibility of using the European online dispute resolution platform (ODR) developed by the European Commission, available on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.

§ 7. Final provisions.

1. The Terms will be permanently available in the Shop.

2. The Service Provider makes the Terms available to the Service Recipient free of charge before the conclusion of the agreement, and also, at the Service Recipient's request, in the form of a file in PDF format.

3. The provisions of the Terms may be amended for important reasons, in particular for the following reasons:

modification of the product offer,
modification of the functionalities of the Shop, resulting in the need to adapt the Terms to the functionalities introduced,
modification of the rules of operation of the Newsletter,
the need to adapt the Terms to generally applicable provisions of law.

4. An amendment to the Terms is made as of the date of publication of the new content of the Terms in the Shop. The Terms as amended apply to agreements concluded from the date of their entry into force.

5. Amendments to the Terms will not result in the introduction or increase of any additional fees charged to Service Recipients.

6. A Service Recipient who does not accept an amendment to the Terms has the right to terminate the agreement for the provision of services at any time.

7. Provisions concerning the protection of personal data are available in the Shop in the „Privacy Policy” tab.

8. In matters not regulated by these Terms, the provisions of generally applicable law shall apply, in particular:

ustawa z dnia 18 lipca 2002 roku o świadczeniu usług drogą elektroniczną (Polish Act of 18 July 2002 on the provision of services by electronic means),
ustawa z dnia 30 maja 2014 roku o prawach konsumenta (Polish Act of 30 May 2014 on consumer rights),
ustawa z dnia 23 września 2016 roku o pozasądowym rozwiązywaniu sporów konsumenckich (Polish Act of 23 September 2016 on out-of-court resolution of consumer disputes),
ustawa z dnia 23 kwietnia 1964 roku Kodeks cywilny (Polish Civil Code, Act of 23 April 1964),
ustawa z dnia 16 lipca 2004 roku Prawo telekomunikacyjne (Polish Telecommunications Law, Act of 16 July 2004).