• Newsletter regulations

Newsletter Terms and Conditions of KicCake

LIST OF CONTENTS
Section 1 Definitions
Section 2 Newsletter
Section 3 Complaints
Section 4 Personal data
Section 5 Final provisions

Section 1 DEFINITIONS

Consumer – any natural person who concludes or whishes to conclude a contract under the present Newsletter Terms and Conditions for purposes which are outside that person's trade, business, craft or profession.
Newsletter – a free-of-charge service provided electronically, which allows the Customer to receive previously ordered news relating to the Shop sent by the Service Provider by electronic means. It includes information about offers, discounts and new products in the Shop.
Shop – online store under the name KicCake maintained by the Service Provider under the following address: https://www.kiccake.pl/
Service Provider - MATEUSZ ZAJĄC, an entrepreneur conducting a business activity under the business name KicCake Mateusz Zając, entered into the Central Register and Information on Business Activity conducted by the minister competent for economy and maintaining the Central Register and Information on Business Activity, European Union VAT Identification Number PL6783121667, REGON no. 389563983, ul. Imbramowska 32, 31-212 Kraków, Poland.
Customer – anyone who uses or whishes to use the Newsletter service and has its habitual residence in the European Union.

Section 2 NEWSLETTER

  1. The Customer uses the Newsletter service voluntarily.
  2. A device with the latest version of a web browser supporting JavaScript and cookie files and with Internet access, as well as an active e-mail account, are required for the use of the Newsletter service.
  3. E-mails within the framework of this service will be sent to the Customer's e-mail address provided during Newsletter subscription.
  4. In order to conclude the contract and subscribe to the Newsletter, in the first step the Customer enters his/her e-mail address in a designated place in the Shop for the purpose of receiving the Newsletter messages. Upon the subscription to the Newsletter, a contract for an unspecified term is concluded and the Service Provider starts providing the service to the Customer, subject to paragraph 5.
  5. For the proper provision of the Newsletter service, the Customer is obligated to provide his/her correct e-mail address.
  6. Information about the cancelling of the subscription to the Newsletter and the unsubscribe link will appear in the e-mail correspondence.
  7. The Customer may apply to cancel his/her subscription to the Newsletter at any time without giving a reason and incurring any costs by using the option referred to in paragraph 6 or by sending an e-mail to the Service Provider’s e-mail address: sklep@kiccake.pl.
  8. Clicking on the unsubscribe link or sending an e-mail with a request to unsubscribe from the Newsletter will result in immediate termination of the contract for the provision of this service.

Section 3 COMPLAINTS

  1. Complaints concerning the Newsletter should be addressed to the following e-mail address: sklep@kiccake.pl.
  2. The Service Provider will respond to a complaint within 14 days from its receipt.

    OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
  3. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
    1. assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default.
      A list of Consumer Centres competent for 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. Furthermore, the following support options are available in the Republic of Poland:
    1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
    2. assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://uokik.gov.pl/stale_sady_polubowne.php;
    3. free-of-charge assistance of the municipal or poviat consumer advocate.

Section 4 PERSONAL DATA

  1. Controller of personal data provided by the Customer in relation to subscribing to the Newsletter 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 on data recipients – can be found in the Privacy Policy available in the Shop – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council on data protection – “GDPR”.
  2. The Customer’s data is processed in order to send the Newsletter. A basis for processing personal data in this case is a contract or activities taken upon request of the Customer aiming at concluding such a contract (point (b) of Article 6(1) of the GDPR) as well as a legitimate interest of the Service Provider consisting in processing data in order to establish, exercise or defend possible claims (point (f) of Article 6(1) of the GDPR).
  3. The provision of data by the Customer is voluntary, but at the same time necessary to provide the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide such a service.
  4. The Customer's data will be processed until:
    1. the Customer opts out of the Newsletter;
    2. the Customer or the Service Provider ceases to be able to exercise claims related to the Newsletter;
    3. the Customer's objection to the processing of his/her personal data is accepted – if the processing was based on the legitimate interest of the Service Provider
    – depending on what is applicable in a given case and what happens latest.
  5. The Customer has the right to request:
    1. access to his/her personal data,
    2. their rectification,
    3. their deletion,
    4. restriction of processing,
    5. transfer of data to another controller
      and the right to:
    6. object to processing of data at any time on grounds relating to a specific situation of the Customer – to processing of personal data concerning the data subject, based on point (f) of Article 6(1) of the GDPR (i.e. on legitimate interests pursued by the Service Provider).
  6. In order to exercise his/her rights, the Customer should contact the Service Provider.
  7. If the Customer considers that his/her data is processed illegally, he/she may lodge a complaint with an authority competent for personal data protection.

Section 5 FINAL PROVISIONS

  1. The Service Provider reserves the right to change these Terms and Conditions only for substantial reasons. A substantial reason is understood as a necessary change in the Terms and Conditions due to: the Newsletter service modernisation or amendments in the provisions of law applicable to the Service Provider’s service.
  2. Information about the planned changes in Terms and Conditions will be sent to the Customer’s e-mail address indicated when subscribing for the Newsletter at least 7 days before the changes enter into force.
  3. If the Customer does not object to the planned change by the time it enters into force, he/she will be deemed to have accepted it.
  4. If the Customer does not accept the planned changes, he/she should send a notification about that fact to the Service Provider's e-mail address: sklep@kiccake.pl. This will result in termination of the service contract on the date when the planned changes enter into force.
  5. The Customer is forbidden to provide content of illegal nature.
  6. The contract on the provision of the Newsletter services is concluded in English.
  7. Any dispute arising between the Service Provider and the Customer who is not a Consumer will be submitted to the court competent for the Service Provider’s registered office.
  8. All contracts concluded under the present Newsletter Terms and Conditions are subject to the provisions of Polish law, subject to paragraph 9.
  9. The choice of Polish law as governing law for contracts concluded with Consumers under the present Newsletter Terms and Conditions does not revoke or limit the rights of Consumers which they can exercise pursuant to the applicable mandatory provisions of law, applicable to the Consumer in cases where the choice of law does not take place, pursuant to Regulation (EC) of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means in particular that if national provisions applicable to a certain Consumer provide for wider protection than that resulting from the present Newsletter Terms and Conditions or the Polish law – this wider protection shall be applied.
  10. A natural person concluding a contract directly related to his/her economic activity shall be treated as a Consumer and has the same rights as Consumers, when the content of such contract implies it is not of professional nature for this person. The previous sentence does not apply to the provisions specified in section 3, in the sub-section “Out-of-court complaint and redress mechanism” and the provision of paragraph 9.