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Terms and Conditions Terms and Conditions

Terms and conditions of the ATTE POWER internet shop

setting out, among other things, the rules for concluding contracts via the Shop, including the most important information about the Seller, the Shop and consumer rights



CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Shopping in the Shop
§ 5 Payments
§ 6 Completing the order
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Objections
Annex 1: Model withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday with the exception of public holidays in Poland.
Civil Code - the Act of 23 April 1964 Civil Code.
Consumer - a consumer within the meaning of the Civil Code.
Account - a free-of-charge function of the Store (service provided electronically), regulated by separate regulations, thanks to which each person using the Store may create his/her own individual account in the Store.
Buyer - any entity purchasing from the Store.
Privileged Buyer - a Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur - a natural person who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her.
Terms and Conditions - these terms and conditions.
Shop - the ATTE POWER online shop operated by the Seller at https://sklep222050.shoparena.pl.
Seller - ATTE POWER SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered office at ul. Hipolita Cegielskiego 2A, 32-400 Myślenice, entered in the National Court Register - Register of Entrepreneurs by the REGON SĄD REJONOWY DLA KRAKOWA ŚRÓDMIEŚCIA W KRAKOWIE, XII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTROWY SĄDEGO, under KRS no. 0001013262, NIP no. 6812075764, REGON no. 38302183800000.
Consumer Rights Act - Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Hipolita Cegielskiego 2A, 32-400 Myślenice
  2. E-mail address: [email protected]
  3. Telephone: +48 12 400 41 28

§ 3 TECHNICAL REQUIREMENTS

  1. In order for the Shop to function properly, it is necessary to have
    • a device with access to the Internet
    • a web browser supporting JavaScript and cookies.
  2. To place an order in the Store, apart from the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE

  1. The product prices shown in the Shop are the total prices for the product.
  2. The Seller points out that the total price of an order consists of the indicated in the Shop: the price for the product and, if applicable, the delivery costs of the goods.
  3. The product selected for purchase must be added to the shopping cart in the Store.
  4. The Buyer then chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Shop and provides the data necessary to complete the order placed.
  5. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
  6. Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
  7. In order to make purchases in the Shop, it is necessary to register in the Shop, i.e. create an Account.

§ 5 PAYMENTS

  1. It is possible to pay for the placed order, depending on the Buyer's choice:
    1. by simple bank transfer to the Seller's bank account;
    2. by payment card::
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. via a payment platform:
  2. Blue MediaIf the Buyer chooses to pay via the Blue Media payment platform, Blue Media S.A. is the online payment service provider.
  3. If the Buyer chooses to pay in advance, the order must be paid for within 3 working days of placing the order.
  4. The Seller informs that in the case of payment methods in which the field to enter the data necessary to complete the payment appears immediately after the order is placed, payment for the order is only possible immediately after the order is placed.
  5. By purchasing from the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 ORDER PROCESSING

  1. The order lead time is indicated in the Shop.
  2. If the Buyer has chosen to pay for the order in advance, the Seller shall proceed to fulfil the order after it has been paid.
  3. If the Buyer has purchased products with different lead times within one order, the order shall be fulfilled within the time limit applicable to the product with the longest lead time.
  4. Countries on the territory of which the delivery takes place:
    • Poland
    • Germany
    • Netherlands
    • Slovakia
    • Greece
    • Romania
  5. Products purchased from the Store are delivered by courier service.
  6. The Buyer may collect the goods in person at the company's premises during its opening hours.
  7. If the Buyer chooses to collect the goods in person, the goods will be ready for collection on the indicated delivery date.

§ 7 RIGHT OF WITHDRAWAL

  1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The period to withdraw from the contract expires after 14 days from the day:
    1. on which the Priority Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
    2. on which the Priority Buyer has taken possession of the last good, lot or part, or on which a third party other than the carrier and indicated by the Priority Buyer has taken possession of the last good, lot or part, in the case of a contract involving the transfer of ownership of multiple goods which are delivered separately, in lots or in parts.
  3. In order for the privileged Buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).
  4. A privileged buyer may use the model withdrawal form at the end of the Terms and Conditions, but it is not obligatory.
  5. In order to comply with the withdrawal period, it is sufficient for the Priority Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.

    EFFECTS OF WITHDRAWAL
  6. In the event of withdrawal from the concluded contract, the Seller shall reimburse to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for the additional costs resulting from the method of delivery chosen by the privileged Buyer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any event not later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right of withdrawal.
  7. The Seller shall refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer shall not incur any charges in connection with such refund.
  8. If the Seller has not offered to collect the goods from the Privileged Buyer itself, the Seller may withhold the refund of the payment until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
  9. The Seller requests that goods be returned to the following address: ul. Hipolita Cegielskiego 2A, 32-400 Myślenice immediately, and in any case no later than 14 days from the day on which the Buyer privileged to inform the Seller about the withdrawal from the sales contract. The deadline is met if the Priority Buyer sends back the goods before the expiry of the 14-day period.
  10. The privileged buyer shall bear the direct costs of returning the goods.
  11. The privileged purchaser shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods.
  13. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Shop or when placing the order.
  14. In the event that a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to a contract:
    1. in which the subject of the performance is a non-refabricated good, produced according to the specifications of the privileged Buyer or serving to satisfy his individualised needs;
    2. in which the object of the performance is goods which are perishable or have a short shelf life;
    3. in which the subject of performance is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
    4. where the object of the performance is goods which, by their nature, are inseparable from other goods after delivery;
    5. where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
    6. for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;
    7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller shall be liable to the Priority Buyer for the compliance of the performance with the agreement as provided for by the generally applicable provisions of the law, including in particular the provisions of the Act on Consumer Rights.
  2. The Seller requests that complaints be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  3. If a guarantee has been granted for a product, information about it and its conditions is available in the Shop.
  4. Complaints concerning the operation of the Store should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
  5. The Seller shall respond to the complaint within 14 days of its receipt.

II PRIORITY BUYERS

  1. Goods
    1. In the case of non-conformity of the goods with the contract, the Privileged Buyer has the possibility of exercising the rights set out in Chapter 5a of the Consumer Rights Act.
    2. The Seller shall be liable for the non-conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
    3. On the basis of the provisions of the Consumer Rights Act, a privileged Buyer may in any case demand:
      1. replacement of goods,
      2. repair the goods.
    4. In addition, a privileged Buyer may make a declaration for:
      1. price reduction,
      2. withdraw from the contract
      in a situation when:
      • The Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
      • The seller has failed to bring the goods into conformity with the contract in accordance with article 43d paragraph 4-6 of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is significant enough to justify a reduction of the price or rescission of the contract without prior use of the remedies specified in article 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the favoured Buyer.
    5. In the case of goods subject to repair or replacement, the Priority Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the Priority Buyer at his own expense.
    6. The privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
    7. In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at the Seller's expense to the address ul. Hipolita Cegielskiego 2A, 32-400 Myślenice. The Seller shall return the price to the privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
    8. The Seller shall return to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the day of receiving the privileged Buyer's statement on price reduction.
  2. Out-of-court complaint and redress procedures
    1. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, inter alia:
      1. mediation conducted by the locally competent Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
      2. with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
      3. the free assistance of the municipal or district consumer ombudsman;
      4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In the event of a defect in the goods, a Buyer other than a Priority Buyer shall be entitled to claim the defective goods on the basis of the warranty regulated in the Civil Code.
  2. Towards a Buyer other than a privileged Buyer, the Seller shall be liable under the warranty if the physical defect is found before the expiry of two years from the date of delivery of the goods to the Buyer.
  3. Pursuant to the Civil Code, the Purchaser who is an entrepreneur other than a privileged entrepreneur loses the rights under the warranty if he did not examine the goods in the time and manner usual for goods of this type and did not notify the Seller about the defect immediately, and if the defect came to light only later - if he did not notify the Seller immediately after its discovery. Sending notice of the defect before the deadline shall be sufficient to meet the above deadline.
  4. Using the warranty, the Buyer other than the privileged Buyer may, under the terms of the Civil Code:
    1. make a declaration to reduce the price,
    2. in the case of a material defect - make a declaration on withdrawal from the contract,
    3. demand that the goods are replaced with goods free from defects,
    4. demand removal of the defect.
  5. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than the privileged Buyer is obliged to deliver the goods to the address ul. Hipolita Cegielskiego 2A, 32-400 Myślenice.

§ 10 PERSONAL DATA

  1. The administrator of the personal data provided by the Buyer when using the Shop is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the Privacy Policy available at the Shop - due to the transparency principle contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
  2. The purpose of the Seller's processing of the Buyer's data provided by the Buyer in connection with purchases in the Shop is the fulfilment of orders. The basis for the processing of personal data in this case is:
    • the contract or actions taken at the request of the Buyer aimed at its conclusion (Art. 6(1)(b) RODO),
    • the Seller's legal obligation relating to accounting (Article 6(1)(c) RODO), and
    • the legitimate interest of the Seller to process the data in order to establish, assert or defend possible claims (art. 6(1)(f) RODO).
  3. The provision of data by the Buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide data will make it impossible to conclude a contract in the Shop.
  4. The Buyer's data provided in connection with purchases in the Shop will be processed until:
    1. the contract concluded between the Buyer and the Seller will cease to be in force;
    2. the Seller will cease to be legally obliged to process the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to a contract concluded by the Shop ceases;
    4. the Buyer's objection to the processing of his personal data - in case the basis of data processing was the justified interest of the Seller - is accepted.
    - whichever is applicable in a given case and which occurs at the latest.
  5. The Buyer has the right to request:
    1. access to his personal data,
    2. rectification,
    3. erasure,
    4. restriction of processing,
    5. to have the data transferred to another controller
      as well as the right to:
    6. to object at any time to the processing of the data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the Seller).
  6. In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Terms and Conditions.
  7. If the Buyer considers that his/her data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.

§ 11 OBJECTIONS

  1. The provision of unlawful content by the Buyer is prohibited.
  2. Each order placed in the Shop constitutes a separate contract and requires a separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.
  3. Contracts concluded on the basis of the Rules are concluded in the Polish language.
  4. In the case of a potential dispute with a Buyer who is not a Priority Buyer, the court having jurisdiction shall be the court having jurisdiction over the registered office of the Seller.



Attachment No. 1 to the Terms and Conditions

Below you will find a model withdrawal form, which the Consumer or Privileged Buyer may or may not use:



MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)

ATTE POWER SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Hipolita Cegielskiego 2A, 32-400 Myślenice
e-mail address: [email protected]

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of contract(*)/receipt(*)
..............................................................................................................................................................................

- Name of the Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

- Address of the Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of Consumer(s)/Undertaker(s)
(only if the form is sent on paper)

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

(*) Delete as appropriate.

Terms and conditions

of the ATTE POWER shop

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Objections

§ 1 DEFINITIONS

Consumer - a consumer within the meaning of the Civil Code.
Account - a free-of-charge function of the Store (service) regulated in these Terms and Conditions, thanks to which the Customer may create his/her individual account in the Store.
Customer - any entity creating an Account or interested in creating an Account.
Privileged Customer - a Customer who is a Consumer or a natural person who concludes a contract with the Service Provider which is directly related to his/her business activity but which is not of a professional nature for him/her.
Terms and Conditions - these terms and conditions of the Account.
Shop - ATTE POWER online shop operated by the Service Provider at https://sklep222050.shoparena.pl.
Service Provider - ATTE POWER SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with registered office at ul. Hipolita Cegielskiego 2A, 32-400 Myślenice, entered in the National Court Register - Register of Entrepreneurs by the REGON SĄD REJONOWY DLA KRAKOWA ŚRÓDMIEŚCIA W KRAKOWIE, XII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTROWY SĄDEGO, under No. KRS 0001013262, NIP 6812075764, REGON No. 38302183800000.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Postal address: ul. Hipolita Cegielskiego 2A, 32-400 Myślenice
  2. E-mail address: [email protected]
  3. Telephone: +48 12 400 41 28

§ 3 TECHNICAL REQUIREMENTS

  1. In order to properly function and set up an Account, the following is required:
    • an active e-mail account
    • a device with access to the Internet
    • a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. The creation of an Account is entirely voluntary and subject to the Customer's will, but it is necessary in order to make purchases in the Shop.
  2. An Account gives the Customer additional possibilities such as: viewing the history of orders placed by the Customer in the Shop, checking the order status or editing the Customer's data.
  3. In order to set up an Account, a relevant form must be filled in the Shop.
  4. When an Account is created, a contract for an indefinite period of time is concluded between the Customer and the Service Provider for the maintenance of the Account under the terms of these Terms and Conditions.
  5. The customer may without any cost resign from the Account at any time.
  6. In order to resign from the Account, one should send his/her resignation to the Service Provider at the e-mail address: [email protected], which will result in immediate deletion of the Account and termination of the agreement in the scope of Account maintenance.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address [email protected].
  2. The Service Provider shall consider the complaint within 14 days.

    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
  3. If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among others:
    1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. the free assistance of the municipal or district consumer ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

  1. The administrator of the personal data provided by the Client during the use of the Account is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of the data, can be found in the Privacy Policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
  2. The purpose of the processing of the Customer's data is to operate the Account. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Client aimed at concluding such a contract (Article 6(1)(b) of the DPA), as well as the legitimate interest of the Service Provider consisting in the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) of the DPA).
  3. The provision of data by the Client is voluntary, but at the same time necessary to operate the Account. Failure to provide data means that the Service Provider will not be able to provide the service of running the Account.
  4. The Client's data will be processed until:
    1. the Account is deleted by the Client or the Service Provider at the request of the Client
    2. the possibility for the Client or the Service Provider to pursue claims related to the Account ceases to exist;
    3. the Client's objection to the processing of his/her personal data will be accepted - if the processing was based on the Service Provider's legitimate interest
    - whichever is applicable in the case and which occurs at the latest.
  5. The Client has the right to request:
    1. access to his/her personal data,
    2. rectification,
    3. erasure,
    4. restriction of processing,
    5. to have the data transferred to another controller
      as well as the right to:
    6. object at any time to the processing of data for reasons related to the particular situation of the Service Recipient - to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the Service Provider).
  6. In order to exercise his/her rights, the Client should contact the Service Provider.
  7. If the Client considers that his/her data is being processed unlawfully, the Client may lodge a complaint with the President of the Office for Personal Data Protection.

§ 7 OBJECTIONS

  1. The provision of unlawful content by the Customer is prohibited.
  2. The Agreement concerning the Account shall be concluded in the Polish language.
  3. In the event of valid reasons referred to in paragraph 4, the Service Provider is entitled to amend the Terms and Conditions.
  4. The important reasons referred to in paragraph 3 are:
    1. the need to adapt the Shop to the legal provisions applicable to the Shop's operations;
    2. improvement of security of the provided service;
    3. change of the functionality of the Account, requiring modification of the Terms and Conditions.
  5. The Customer shall be informed of the planned change to the Terms and Conditions at least 7 days before the change takes effect via an e-mail sent to the address assigned to the Account.
  6. If the Client does not agree with the planned change, he/she should inform the Service Provider by sending an appropriate message to the Service Provider's e-mail address [email protected], which will result in the termination of the agreement for the provision of the Account upon the entry into force of the planned change or earlier if the Client makes such a request.
  7. In the event that the Client does not object to the planned change by the time it comes into force, the Client is deemed to have accepted the change, which does not constitute any obstacle to the termination of the contract in the future.
  8. In the event of a possible dispute with a Customer who is not a privileged Customer, the competent court will be the court with jurisdiction over the seat of the Service Provider.






Terms and conditions of the newsletter

of the ATTE POWER shop

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions

§ 1 DEFINITIONS

Consumer - consumer within the meaning of the Civil Code Act of 23 April 1964.
Newsletter - a service provided free of charge by electronic means, by which the Customer may receive from the Service Provider, by electronic means, previously ordered messages concerning the Store, including information about offers, promotions and news in the Store.
Shop - ATTE POWER online shop operated by the Service Provider at https://sklep222050.shoparena.pl.
Customer - each entity using the Newsletter service.
Privileged Customer - a Customer who is a Consumer or a natural person concluding a contract with the Service Provider directly related to his/her business activity but not of a professional nature for him/her.
Service Provider - ATTE POWER SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Hipolita Cegielskiego 2A, 32-400 Myślenice, entered in the National Court Register - Register of Entrepreneurs by the REGON SĄD REJONOWY DLA KRAKOWA ŚRÓDMIEŚCIA W KRAKOWIE, XII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTROWY SĄDEGO, under KRS no. 0001013262, NIP no. 6812075764, REGON no. 38302183800000.

§ 2 Newsletter

  1. The Customer may voluntarily use the Newsletter service.
  2. In order to use the Newsletter service, a device with a web browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account is required.
  3. Emails sent within this service will be sent to the email address provided by the Customer when signing up for the Newsletter.
  4. In order to conclude an agreement and sign up for the Newsletter service, the Customer shall, in the first step, provide his/her e-mail address to which he/she wishes to receive messages sent under the Newsletter in the designated space in the Store. Upon signing up for the Newsletter, a service agreement is concluded for an indefinite period of time and the Service Provider shall commence its provision to the Customer - subject to section 5.
  5. For the proper implementation of the Newsletter service, the Customer is obliged to provide his/her correct e-mail address.
  6. Messages sent within the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
  7. The Client may unsubscribe from the Newsletter, without giving any reason or incurring any costs, at any time using the option referred to in paragraph 6 or by sending a message to the Service Provider's email address: [email protected].
  8. The Customer's use of the unsubscribe link from the Newsletter or sending a message with a request to unsubscribe from the Newsletter shall result in immediate termination of the agreement for the provision of this service.

§ 3 Complaints

  1. Complaints regarding the Newsletter shall be reported to the Service Provider at the following email address: [email protected].
  2. The Service Provider shall respond to complaints within 14 days of receiving the complaint.

    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
  3. In the event that the complaint procedure fails to produce the result expected by the Customer who is a Consumer, the Consumer may use, inter alia:
    1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. the free assistance of the municipal or district consumer ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 4 Personal data

  1. The administrator of the personal data provided by the Customer in connection with the Newsletter subscription is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of data, can be found in the Privacy Policy available at the Shop - due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) - "RODO".
  2. The purpose of processing the Customer's data is to send the Newsletter. The basis for the processing of personal data in this case is the service contract or actions taken at the request of the Service Recipient aimed at concluding it (Article 6(1)(b) of the RODO), as well as the legitimate interest of the Service Provider, consisting of the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) of the RODO).
  3. The provision of data by the Customer 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 this service.
  4. The Customer's data will be processed until:
    1. The Client will unsubscribe from the Newsletter;
    2. the possibility for the Client or the Service Provider to assert claims related to the Newsletter shall cease;
    3. the Client's objection to the processing of his/her personal data will be accepted - in the event that the processing was based on the legitimate interest of the Service Provider
    - whichever is applicable in the case in question and which occurs at the latest.
  5. The Client has the right to request:
    1. access to his/her personal data,
    2. rectification,
    3. erasure,
    4. restriction of processing,,
    5. to have the data transferred to another controller
      as well as the right to:
    6. object at any time to the processing of data for reasons related to the particular situation of the Service Recipient - to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the Service Provider).
  6. In order to exercise his/her rights, the Client should contact the Service Provider.
  7. If the Client considers that his/her data is being processed unlawfully, the Client may lodge a complaint with the President of the Office for Personal Data Protection.

§ 5 Final provisions

  1. The Service Provider reserves the right to amend these terms and conditions only for important reasons. An important reason shall be understood to be the necessity to amend the regulations due to modernisation of the Newsletter service or change of legal regulations affecting the provision of the service by the Service Provider.
  2. Information about the planned change to the rules shall be sent to the Customer's email address provided at the time of signing up for the Newsletter at least 7 days before the change comes into effect.
  3. If the Service Recipient does not object to the planned changes by the time they come into force, he/she is deemed to accept them.
  4. If the Client does not accept the planned changes, the Client should send information about this to the Service Provider's e-mail address: [email protected], which will result in the termination of the service agreement as soon as the planned changes come into effect.
  5. The provision of unlawful content by the Client is prohibited.
  6. The Newsletter service agreement shall be concluded in the Polish language.
  7. In the event of a potential dispute with a Customer who is not a privileged Customer, the competent court shall be the court having jurisdiction over the seat of the Service Provider.
 

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