Terms and conditions of newsletter services
I. GENERAL PROVISIONS
1. These Terms and Conditions ("Terms and Conditions") define the rules for provision and use of the free Newsletter service provided by JB Sp. z o.o.
2. The terms used in the Regulations shall mean:
- JB Sp. z o.o. - JB Sp. z o.o. with its registered office in Warsaw at Klimczaka 1, 02-797 Warsaw, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000498619, REGON 146468709, NIP 9522128436, being a Service Provider within the meaning of Art. 2 (6) of the Act on Provision of Electronic Services;
- Customer - a natural person who uses a service provided electronically under the terms of these Terms and Conditions;
- Terms and Conditions - this document setting out the conditions for using the Newsletter service;
- Newsletter - a newsletter sent to the Customer by JB Sp. z o.o. which is a service provided electronically within the meaning of Art. 2 (4) of the Act on Provision of Electronic Services.
- Electronic mail address - designation of an IT system enabling communication by electronic means.
- Personal data - all information concerning an identified or identifiable natural person processed by the Service Provider in order to properly provide the Services specified in these Terms and Conditions, as well as for statistical purposes related to the operation of the Site
- Internet Shop - means the shops run by JB Sp. z o.o. at the following internet addresses: www.forpro.pl.
- IT system - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for a given type of network, within the meaning of the Act of 16 July 2004. Telecommunications Law (i.e. Journal of Laws of 2017, item 1907 as amended).
- Electronic means - technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between IT Systems, and in particular electronic mail.
II. ELECTRONIC SERVICES
- JB Sp. z o.o. provides a service to the Customer in the form of sending a free Newsletter by means of electronic communication.
- The Service is available only to persons who register in the manner specified in the Regulations, i.e. after entering their e-mail address and accepting the Regulations.
- The purpose of the service is to provide up-to-date information on ongoing promotions, special actions and other events related to FORPRO brand.
- The Newsletter is sent at irregular intervals.
- The Customer is obliged to read the Terms and Conditions before using the service.
- The Customer undertakes to comply with these Terms and Conditions.
- The Customer undertakes to refrain from any actions that may hinder or destabilise the Newsletter.
- The technical requirements necessary to work with the ICT System used by the Service Provider are as follows:
- connection to the Internet,
- a web browser for displaying HTML documents on a computer screen or mobile device,
- a browser that accepts an e-mail account,
- having a valid, active and correctly configured e-mail address.
- JB Sp. z o.o. undertakes to provide the highest possible quality of service. However, it shall not be liable for interruptions or disruptions due to force majeure or unauthorised acts of third parties.
- JB Sp. z o.o. shall not be liable for the lack of access to the Newsletter due to reasons beyond its control. JB Sp. z o.o. reserves the right to suspend the operation of the registration module for a short period of time in the event of a planned maintenance of the website, server or software used for sending the Newsletter.
- JB Sp. z o.o. points out that using the Newsletter may involve the standard risks associated with the use of the Internet. It is recommended that the Customer take appropriate steps to minimise such risks.
IV. CONCLUSION AND TERMINATION OF THE NEWSLETTER CONTRACT
- In order to register for the Newsletter, the Customer provides his/her name, second name and e-mail address on the website (optionally also preferences such as: interests, date of birth, gender, favorite brand, interests, favorite color or size tables to personalise the Newsletter) and confirms acceptance of the Terms and Conditions provisions.
- The moment of concluding the Newsletter dispatch service Agreement shall be the moment of accepting the Terms and Conditions by the Customer.
- The contract is concluded for an indefinite period, i.e. until the cancellation of this service.
- The Customer may unsubscribe from the Newsletter by declaring his/her resignation via a link contained in each message sent to his/her email address containing the Newsletter or the email address indicated in the message.
- Either party may terminate the Agreement without cause and with immediate effect.
- The Customer may terminate the Contract at any time by activating the link in the footer of each Newsletter sent.
- Termination of the Agreement by either party shall result in the Newsletter ceasing to be sent to the email address provided by the Customer.
- The Newsletter service provided by the Service Provider via the Website is free of charge.
V. COMPLAINTS OF THE PRODUCT
- The Customer is entitled to lodge a complaint if JB Sp. z o.o. fails to fulfil its obligations set out in the Regulations or fulfils them in a manner inconsistent with the provisions of the Regulations.
- A complaint can be submitted electronically to: klimczaka|forpro.pl| style="background-color: rgb(255, 255, 255);"|klimczaka|forpro.pl The complaint should include a description of the problem which is the subject of the complaint and the e-mail address, first and last name of the Customer submitting the complaint.
- JB Sp. z o.o. shall consider the complaint within 14 days from the date of its receipt. If the complaint cannot be dealt with within the aforementioned period, JB Sp. z o.o. will notify the Customer of the reasons for the delay and the expected date for dealing with the complaint.
- A complaint may be made within 30 days of the date on which the cause of the complaint became known.
- The response to the complaint and the information referred to in section 5.3, sentence 2 is sent to the e-mail address indicated by the Client.
VI. PROTECTION AND PRINCIPLES FOR PROCESSING PERSONAL DATA OF SERVICE USERS
- JB Sp. z o.o. is the administrator of personal data of Users who are natural persons submitted in connection with the use of the Newsletter service, including in connection with the submission of a complaint.
- Provided personal data shall be processed for the purpose of performance of the Agreement and for marketing JB Sp. z o.o. products and services. Providing personal data of the Customer who is a natural person in the Newsletter service order form, as well as providing data required for the complaint submission is voluntary, but necessary for Newsletter service provision, including complaint processing.
- From 25 May 2018, the following provisions shall apply to the personal data of Users who are natural persons in connection with the application of Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (UE.L Journal of Laws No. 119, item 1), hereinafter also: “GDPR”) .
- JB Sp. z o.o. on the basis of Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (UE.L Journal of Laws No. 119, item 1), hereinafter also: “GDPR” and in connection with the Act on the provision of services by electronic means, is, as a data controller, entitled to process the Service Recipient's personal data for the purpose of:
- Performance of the Agreement. The legal basis for the processing of personal data for this purpose is the necessity of their processing for the performance of the Agreement, i.e. performance of the service provided by electronic means in the scope of Newsletter subscription service, possible claims in this regard (i.e. within the scope of the agreement for provision of service by electronic means) and ensuring safety of use of the service provided by electronic means within the scope of JB Sp. z o.o. justified interest and taking action at the User's request prior to its conclusion (art. 6 section 1 letter b GDPR). Personal data will be processed for these purposes for the duration of the Agreement, including the period needed to process the User's complaint;
- Marketing of JB Sp. z o.o.'s own products or services. The legal basis for processing personal data for this purpose is the necessity of the processing for purposes arising from the legitimate interests pursued by JB Sp. z o.o. (Article 6(1)(f) GDPR). The legitimate interests referred to above concern the promotion by JB of products or services and the promotion of JB Sp. z o.o. itself. Personal data will be processed for these purposes for the duration of the Agreement;
- For archival (evidential) purposes, which are the exercise of a legitimate interest in preserving information in the event of a legal need to prove the facts, or the possible establishment, investigation or defence of claims;
- For analytical and statistical purposes - better selection of products and services to meet the needs of our customers, general optimisation of our products, optimisation of service processes, building customer knowledge, which is the exercise of a legitimate interest;
- In order to exercise rights and complaints, update data, maintain a database of subscribers, which are the exercise of our legitimate interest
- JB Sp. z o.o. processes Customers' personal data in the form of their e-mail addresses in order to realise the Newsletter service. In order to personalise the Newsletter, the Customer may additionally provide personal data in the form of name and surname, date of birth, gender, interests, brand preferences, favorite color or size (optional).
- In order to lodge a complaint regarding a service correctly, the Customer shall provide at least the following personal data: name, surname, correspondence address (in case of a desire to receive a reply to a complaint in writing) or e-mail address (in case of a desire to receive a reply to a complaint by e-mail).
- The rules for processing of personal data in connection with subscription to the Newsletter of JB Sp. z o.o. are indicated by means of an information clause when subscribing to the Newsletter, indicating in particular the administrator's data, contact data, purposes and grounds for processing the Customer's data, storage period, information on the exercise of rights.
- The Service Provider ensures the security of the Client's Personal Data as it applies physical, organisational and hardware protection measures necessary to ensure the security of the Personal Data processed within the service. The Service Provider complies with all the requirements set out in the regulations on personal data protection. In addition, Service Provider provides technical measures to prevent unauthorised persons from acquiring and modifying personal data sent electronically.
- By providing Personal Data, the Customer declares that,
- they are complete and factually correct,
- they do not infringe the rights of third parties,
- is entitled to conclude the Agreement,
- has read the Terms and Conditions and agrees to abide by their provisions.
- has read the information clause provided by the Client at the time of enquiry.
- The provision of personal data is voluntary, but necessary in order to provide services in accordance with the Regulations.
VII. INTELLECTUAL PROPERTY OF THE SERVICE PROVIDER
Copyright to Newsletter content, including all elements, photos etc., shall belong to JB Sp. z o.o. and shall be protected pursuant to the provisions of the of the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws No. 24, item 83, as amended). The Customer shall be entitled to use the above-mentioned content free of charge only for his/her own personal use and only for the purpose of proper use of the Newsletter service, worldwide. Use of the aforementioned content in other scope shall be allowed only upon an express prior consent granted by an authorised entity, in writing under pain of invalidity.
VIII. FINAL PROVISIONS
- The Regulations are effective from 08.04.2021 r.
- The current Terms and Conditions are available to the Customer at the following web address www.forpro.pl
- The Service Provider undertakes to inform the Customer of the changes made to the Terms and Conditions by posting the consolidated text of the Terms and Conditions on the Store's website.
- JB Sp. z o.o. has the right to change the provisions of the Regulations or introduce new Regulations. The customer will be informed of the change in the provisions of the Regulations or the introduction of new Regulations by a message sent to the e-mail address provided by the customer.
- The new Terms and Conditions or amendments to the existing Terms and Conditions shall become effective 14 days after the date of informing the Customer. In the event that the Customer does not accept amendments to the Terms & Conditions or new Terms & Conditions, the Customer shall have the right to terminate the Newsletter dispatch agreement in the mode stipulated in point IV.5.
- All legal relations arising from the Regulations shall be governed by Polish law.
- In matters not covered by these Terms and Conditions, the provisions of the GDPR, and other laws shall apply.