Newsletter regulations

Contents

§1.

General provisions

  1. These regulations (hereinafter referred to as the " Regulations ") define the rules and conditions for delivering the Newsletter to the "BERRIES&CO" online store, operating at the Internet address [www.berriesandco.pl ] (hereinafter referred to as the " Shop ").

  2. The Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: " Act on the provision of services by electronic means "). The Newsletter is provided by: Berries&Co. Spółka z ograniczoną odpowiedzialnością , with its registered office in Warsaw (ul. Mokotowska 46/7, 00-543 Warsaw), the registration files of which are kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0001097169, NIP 7010517464. (hereinafter: " Supplier ").

  1. Contact with the Supplier is possible via:

    1. e-mail – at: shop@berriesandco.pl);

    2. traditional mail – to the following address: ul. Zelwerowicza 44, 02-928 Warsaw;

    3. by phone – at: +48 881 027 928 .

  2. Before subscribing to the Newsletter, the Subscriber is obliged to read the Regulations and the Privacy Policy.

  3. In matters not regulated in the Regulations, the provisions of the Store regulations, available at: [www.berriesandco.pl/regulamin ] (hereinafter referred to as the " Store Regulations "), shall apply .

§2.

Definitions

The words written in capital letters used in the Regulations have the following meanings:

    1. Supplier - term defined in § 1 section 3 of the Regulations;

    2. Consumer – a natural person concluding a legal transaction with the Supplier that is not directly related to his or her business or professional activity;

    3. Newsletter – digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information regarding the current activities of the Supplier (including information about new products and promotions available in the Store);

    4. Non-compliance – this means the non-compliance of the Newsletter with the Newsletter Delivery Agreement (the criteria for assessing the compliance of the Newsletter with the Newsletter Delivery Agreement are specified in Art. 43k sec. 1-2 of the Consumer Rights Act);

    5. Privacy Policy - a document containing information on the processing of Subscribers' personal data by the Provider;

    6. Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity, conducting business or professional activity on its own behalf;

    7. Entrepreneur with Consumer Rights - a natural person conducting business or professional activity on their own behalf, who has concluded an Agreement with the Supplier directly related to their business activity, but which is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by them;

    8. Regulations - term defined in § 1 section 1 of the Regulations;

    9. Store Regulations - term defined in § 1 section 6 of the Regulations;

    10. Shop - term defined in § 1 section 1 of the Regulations;

    11. Subscriber – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Agreement with the Provider for the provision of the Newsletter or has taken steps to conclude it;

    12. Newsletter delivery agreement – ​​an agreement for the delivery of the Newsletter within the meaning of the provisions of the Consumer Rights Act, under which the Provider undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Provider with personal data;

    13. Consumer Rights Act - Act of 30 May 2014 on Consumer Rights;

    14. Act on the provision of services by electronic means - a term defined in § 1 section 2 of the Regulations.

§3.

Technical requirements

  1. In order to receive the Newsletter, it is necessary to:

    1. connection to the Internet;

    2. possession of devices enabling the use of Internet resources;

    3. using a web browser that enables the display of hypertext documents on the device screen, linked in the Internet via a web service and supporting the JavaScript programming language, and also accepting cookies;

    4. having an active email account.

  2. Within the Store, Subscribers are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular those automating script and application processes 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 parties from accessing data, including through SSL encryption, the use of access passwords and anti-virus programs or against unwanted software.

  4. The Supplier informs that despite the application of security measures referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk of malicious software entering the Subscriber's IT system and device or third parties gaining access to data located on this device. In order to minimize the aforementioned risk, the Supplier recommends using antivirus programs or means of protecting identification on the Internet.

§4.

General rules

  1. The Subscriber is obliged to use the Newsletter in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good manners.

  2. The provision of illegal content by the Subscriber is prohibited.

§5.

Newsletter Delivery Agreement

  1. In order to conclude the Newsletter Delivery Agreement, the Subscriber should provide the Provider with an e-mail address and submit a declaration of consent to receive the Newsletter, familiarization with the Regulations and Privacy Policy and acceptance of their provisions.

  2. The actions indicated in paragraph 1 above may be performed in any manner, in particular by the Subscriber completing the electronic form provided in the Store.

  3. The agreement for the provision of the Newsletter is concluded for an indefinite period.

  4. The Provider informs and the Subscriber acknowledges that:

    1. the delivered Newsletter is not subject to subsequent updating;

    2. the frequency and deadlines for delivering the Newsletters are not specified in advance and depend on the current situation of the Provider.

  5. The Newsletter is delivered via e-mail to the e-mail address provided by the Subscriber.

  6. The Subscriber may terminate the Newsletter Delivery Agreement with immediate effect at any time and without giving any reason. Furthermore, pursuant to art. 27 et seq. of the Consumer Rights Act, the Subscriber who is a Consumer or an Entrepreneur with Consumer rights may withdraw from the Newsletter Delivery Agreement without giving any reason, within 14 (fourteen) days of its conclusion.

  7. Withdrawal from the Newsletter Delivery Agreement or its termination, regardless of the basis for performing this action, requires the Subscriber to submit an appropriate declaration to the Provider. The declaration referred to in the preceding sentence may be submitted by:

    1. the Subscriber clicking on the link enabling unsubscription of the Newsletter, which is sent together with each Newsletter;

    2. sending the Supplier by the Subscriber a declaration of withdrawal from the Agreement on the provision of the Newsletter or its termination by e-mail. The declaration referred to in this point 2 may also be submitted on the form constituting Annex No. 2 to the Consumer Rights Act.

  8. The Provider shall suspend the delivery of the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions indicated in section 7 above.

§6.

Complaints about the Newsletter

  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 consistent with the Newsletter Delivery Agreement at the time of its delivery.

  3. The Supplier is liable for any Non-Conformity existing at the time of delivery of the Newsletter and disclosed within 2 (two) years from that time.

  4. In the event of a Non-Conformity being detected, the Subscriber may file a complaint containing a request to bring the Newsletter into compliance with the Newsletter Delivery Agreement.

  5. The complaint is submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.

  6. The complaint should include:

    1. name and surname of the Subscriber;

    2. e-mail address;

    3. description of the Non-Conformity revealed;

    4. request to bring the Newsletter into compliance with the Newsletter Delivery Agreement.

  7. The Supplier may refuse to bring the Newsletter into compliance with the Newsletter Delivery Agreement if this is impossible or would require the Supplier to incur excessive costs.

  8. After considering the complaint, the Provider provides the Subscriber with a response to the complaint, in which:

    1. acknowledges the complaint and indicates the planned date for bringing the Newsletter into compliance with the Newsletter Delivery Agreement;

    2. refuses to bring the Newsletter into compliance with the Newsletter Delivery Agreement for the reasons indicated in section 7 above;

    3. rejects the complaint due to its unfounded nature.

  9. The Supplier shall respond to the complaint via e-mail within 14 (fourteen) days of its receipt.

  10. If the complaint is accepted, the Supplier shall, at its own expense, bring the Newsletter into compliance with the Newsletter Agreement within a reasonable time from the moment of receiving the complaint and without excessive inconvenience to the Subscriber, taking into account the nature of the Newsletter and the purpose for which it is used. The planned date for bringing the Newsletter into compliance with the Newsletter Agreement shall be indicated by the Supplier in response to the complaint.

  11. In the event of a Non-Conformity being disclosed, the Subscriber may submit to the Supplier a declaration of withdrawal from the Agreement when:

    1. making the Newsletter consistent with the Newsletter Delivery Agreement is impossible or requires excessive costs;

    2. The Supplier has not brought the Newsletter into compliance with the Agreement on the provision of the Newsletter in accordance with paragraph 10 above;

    3. The non-compliance persists even though the Provider has attempted to bring the Newsletter into compliance with the Newsletter Delivery Agreement;

    4. The inconsistency is so significant that it justifies withdrawal from the Newsletter Delivery Agreement without prior request from the Provider to bring the Newsletter into compliance with the Newsletter Delivery Agreement;

    5. it clearly follows from the Provider's statement or the circumstances that the Provider will not bring the Newsletter into compliance with the Newsletter Agreement within a reasonable time or without excessive inconvenience to the Subscriber.

  12. The declaration of withdrawal from the Agreement may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.

  13. The declaration of withdrawal from the Agreement should include:

    1. name and surname of the Subscriber;

    2. e-mail address;

    3. date of delivery of the Newsletter;

    4. description of the Non-Conformity revealed;

    5. an indication of the reason for submitting the declaration, selected from the reasons indicated in paragraph 11 above;

    6. declaration of withdrawal from the Agreement.

  14. The Subscriber may not withdraw from the Newsletter Delivery Agreement if the Non-Conformity is immaterial.

  15. If the Subscriber withdraws from the Newsletter Delivery Agreement, the Provider shall suspend the delivery of the Newsletter immediately after receiving the declaration of withdrawal from the Newsletter Delivery Agreement.

§7.

Processing of personal data

Information on the processing of personal data by the Supplier can be found in the Privacy Policy available at: [www.berriesandco.pl/polityka_prywatnosci ].

§8.

Extrajudicial dispute resolution

  1. The provisions of this § 8 apply only to Subscribers who are Consumers.

  2. The Subscriber has the option of using out-of-court methods of handling complaints and pursuing claims.

  3. Detailed information on the possibility for the Subscriber to use out-of-court methods of complaint resolution and claim settlement as well as the rules of access to these procedures are available at the offices and on the websites of:

    1. district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;

    2. Provincial Inspectorates of the Trade Inspection;

    3. Office of Competition and Consumer Protection.

  1. The Subscriber may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§9.

Change of Regulations

  1. The Supplier may make changes to the Regulations in the event of:

    1. changes to Supplier data;

    2. changes to the Supplier's scope of business;

    3. the commencement of the provision of new services by the Provider, modification of services already provided or discontinuation of their provision;

    4. making technical modifications to the Newsletter requiring adaptation of the provisions of the Regulations to them;

    5. legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.

  1. Subscribers will be informed about changes to the Regulations by publishing their amended version on the Store's website. At the same time, the amended version of the Regulations will be sent to Subscribers by e-mail.

  2. A Subscriber who does not agree to the change of the Regulations may terminate the Agreement for the provision of the Newsletter with immediate effect within 7 (seven) days from the date of receipt of the amended version of the Regulations by e-mail. Failure to terminate shall be deemed as consent to the change of the Regulations.

  3. The termination of the Newsletter Delivery Agreement shall be effected by the Subscriber submitting to the Provider a declaration of termination of the Newsletter Delivery Agreement. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 sec. 4 item 1 of the Regulations.

  4. Immediately after receiving the declaration referred to in paragraph 4 above, the Provider shall suspend the delivery of the Newsletter.

§10.

Final provisions

  1. The law applicable to the Regulations and the Newsletter Delivery Agreement is Polish law. The choice of Polish law made in the preceding sentence does not, however, deprive the Consumer of protection resulting from the provisions of foreign law, which cannot be excluded by agreement and which would be applicable in the absence of the choice of Polish law made in the preceding sentence.

  2. The current version of the Regulations is effective from 11/09/2023 .