Newsletter Terms and Conditions

at Luck Hats store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of withdrawal from the Agreement
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or Newsletter
§ 9 Final provisions

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: ul. Poprzeczna 12, 28-100 Busko-Zdrój
2. Email address: hello@luckofficial.co
3. Phone: +48790233508
4. The cost of a phone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider whose services the Service Recipient uses. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

1. To use the digital content covered by the Terms and Conditions, the following are required:
   • an active email account;
   • a device with Internet access;
   • a web browser supporting JavaScript and cookies.

§ 4 AGREEMENT

1. The Service Recipient may voluntarily subscribe to the Newsletter.
2. To receive the Newsletter, it is necessary to conclude an Agreement.
3. Email messages sent under the Agreement will be directed to the email address provided by the Service Recipient at the time of entering into the Agreement.
4. To conclude the Agreement, the Service Recipient first provides their email address in the designated place in the Store, to which they wish to receive messages sent under the Agreement. Upon subscribing to the Newsletter, an Agreement for an indefinite period is concluded, and the Service Provider will begin providing the service to the Service Recipient – subject to paragraph 5.
5. For the proper performance of the Agreement, the Service Recipient is obliged to provide their correct email address.
6. The Newsletter is delivered immediately after the Service Provider creates messages intended for the Service Recipients.
7. Messages sent as part of the Newsletter will contain information about the possibility to unsubscribe, as well as an unsubscribe link.
8. The Service Recipient may unsubscribe from the Newsletter without giving a reason and incurring any costs, at any time, by using the option referred to in the previous provision, or by sending a message to the Service Provider's email address provided in § 2 of the Terms and Conditions.
9. Using the unsubscribe link from the Newsletter or sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding digital content covered by these Terms and Conditions be submitted to the postal or electronic address indicated in § 2 of these Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service Recipient for the conformity of the service with the Agreement, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
4. In the event of improper performance of the Agreement by the Service Provider, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Service Recipient may call on them to deliver it. If, despite this, the Service Provider does not deliver the digital content covered by the Agreement immediately or within an additional period expressly agreed by the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
6. The Privileged Service Recipient may withdraw from the Agreement without calling for the delivery of the digital content covered by the Agreement if:
   • it is clear from the Service Provider's statement or circumstances that they will not deliver the digital content covered by the Agreement or
   • the Privileged Service Recipient and the Service Provider have agreed or it is clear from the circumstances of concluding the Agreement that a specific deadline for the delivery of the digital content covered by the Agreement was essential for the Privileged Service Recipient, and the Service Provider did not deliver them by that deadline.
7. The Service Provider is liable for any lack of conformity of the Newsletter with the Agreement which – given that the Newsletter is provided continuously – occurred or became apparent during the period in which it was to be delivered under the Agreement.
8. If the digital content covered by the Terms and Conditions is not in conformity with the Agreement, the Privileged Service Recipient may demand that it be brought into conformity with the Agreement.
9. In the event of a lack of conformity with the Agreement of the digital content covered by the Terms and Conditions, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for them, to determine whether the lack of conformity with the Agreement in due time results from the characteristics of the Privileged Service Recipient's digital environment.
10. Additionally, if the digital content covered by the Terms and Conditions is not in conformity with the Agreement, the Privileged Service Recipient may submit a statement of withdrawal from the Agreement if:
    • bringing such digital content into conformity with the Agreement is impossible or requires excessive costs, in accordance with Art. 43m sec. 2 and 3 of the Consumer Rights Act;
    • the Service Provider has not brought the digital content covered by the Terms and Conditions into conformity with the Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient about the lack of conformity with the Agreement, and without undue inconvenience to the Privileged Service Recipient, taking into account their nature and the purpose for which they are used;
    • the lack of conformity with the Agreement of the digital content covered by the Terms and Conditions still exists, despite the Service Provider's attempts to bring them into conformity with the Agreement;
    • the lack of conformity with the Agreement of the digital content covered by the Terms and Conditions is so significant that it justifies withdrawal from the Agreement without prior use of the remedy specified in Art. 43m of the Consumer Rights Act (i.e., a demand to bring the digital content into conformity with the Agreement);
    • it is clear from the Service Provider's statement or circumstances that they will not bring the digital content covered by the Terms and Conditions into conformity with the Agreement within a reasonable time or without undue inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT METHODS OF COMPLAINT SETTLEMENT AND CLAIM PURSUIT

11. The Service Provider informs the Consumer about the possibility of using out-of-court methods of complaint settlement and claim pursuit. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution.
    
    The Consumer may, among others, use the assistance of the appropriate European Consumer Centre from the European Consumer Centre Network. The Centres provide information about consumer rights and help resolve disputes in cross-border purchases. The assistance of European Consumer Centres is generally free of charge. A list of Consumer Centres appropriate for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
    
    Furthermore, within the territory of the Republic of Poland, the following forms of support can be used:
    • mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for consideration of the case by an arbitration court should be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The preceding provision is for informational purposes only and does not constitute a commitment by the Service Provider to use out-of-court dispute resolution methods.
13. The use of out-of-court methods of complaint settlement and claim pursuit is voluntary for both the Service Provider and the Consumer.
14. The Consumer may also seek free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The Privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
2. The period for withdrawing from the Agreement expires after 14 days from the date of concluding this Agreement.
3. For the Privileged Service Recipient to exercise the right of withdrawal from the Agreement, they must inform the Service Provider, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the Agreement by means of an unequivocal statement (e.g., a letter sent by post or email).
4. The Privileged Service Recipient may use the model withdrawal form provided at the end of these Terms and Conditions, but this is not obligatory.
5. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Privileged Service Recipient to send information concerning the exercise of their right of withdrawal from the Agreement before the expiry of the withdrawal period.

§ 7 PERSONAL DATA

1. The administrator of personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store, in accordance with the principle of transparency contained in the General Data Protection Regulation (EU) – "GDPR".
2. The purpose of processing the Service Recipient's data is:
   • the performance of the Agreement; the legal basis for processing personal data in this case is the Agreement or actions taken at the request of the Service Recipient aiming to conclude it (Article 6(1)(b) GDPR);
   • analysis of the effectiveness of messages sent under the Agreement, to establish general rules for effective sending in the Service Provider's operations; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR);
   • establishment, exercise or defense of potential claims related to the Agreement; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR).
3. The provision of data by the Service Recipient is voluntary, but at the same time necessary for the conclusion of the Agreement and the delivery of the digital content covered by it. Failure to provide data will result in the inability to conclude the Agreement, and the Service Provider will not deliver the digital content covered by it.
4. The Service Recipient's data will be processed until:
   1. the Agreement ceases to be in force;
   2. the possibility of asserting claims by the Service Recipient or the Service Provider related to the Agreement ceases;
   3. the Service Recipient's objection to the processing of their personal data is accepted – if the basis for data processing was the legitimate interest of the Service Provider
   – depending on what applies in a given case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification thereof,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller
      as well as the right to:
   6. object at any time to the processing of data for reasons related to the Service Recipient's particular situation – to the processing of their personal data based on Article 6(1)(f) GDPR (i.e., on legitimate interests pursued by the Service Provider).
6. To exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR NEWSLETTER

1. The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason is understood as the necessity to amend the Terms and Conditions due to:
   1. a change in the functionality of the Newsletter requiring modification of the Terms and Conditions, or
   2. a change in legal provisions affecting the performance of the Agreement by the Service Provider or the adaptation of services to recommendations, guidelines, orders, prohibitions, rulings, provisions, interpretations, or decisions of authorized public authorities, or
   3. a change in the Service Provider's contact or identification data.
2. Information about the planned change to the Regulations will be sent to the User's email address provided at the time of concluding the Agreement at least 7 days before the changes come into effect.
3. If the User does not object to the planned changes before they come into effect, it is assumed that they accept them, which does not constitute any obstacle to terminating the Agreement in the future.
4. In case of non-acceptance of the planned changes, the User should send information about this to the Service Provider's email address provided in § 2 of the Regulations, which will result in the termination of the Agreement at the moment the planned changes come into effect.
5. The Service Provider may make changes to the Newsletter that are not necessary to maintain its conformity with the Agreement, for a reason indicated in paragraph 1 letter b or due to a change in the Newsletter's functionality. The introduction of the change referred to in the preceding sentence will not entail any costs for the privileged User. The provisions of paragraphs 2-4 shall apply accordingly.
6. If the change referred to in the preceding provision significantly and negatively affects the privileged User's access to or use of the Newsletter, the Service Provider will send to the privileged User's email address, sufficiently in advance, on a durable medium, information about the characteristics and date of such change and the rights of the privileged User in connection with such change.

§ 9 FINAL PROVISIONS

1. It is forbidden for the User to provide illegal content.
2. The Agreement is concluded in Polish.
3. The Agreement concluded under these Regulations is governed by Polish law, subject to paragraph 4.
4. The choice of Polish law for an Agreement concluded under the Regulations with a Consumer does not derogate from or limit the rights of the Consumer granted to them under mandatory legal provisions applicable to that Consumer in a situation where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law, that broader protection shall apply.
5. In the event of any dispute with a User who is not a privileged User, related to the Agreement, the competent court will be the court właściwy for the Service Provider's registered office.
6. All liability of the Service Provider in connection with the Agreement towards a User who is not a privileged User, within the limits permitted by law, is excluded.