TERMS AND CONDITIONS OF THE WITTCHEN S.A. NEWSLETTER SERVICE

These Rules and Regulations specify the principles and conditions for provision by WITTCHEN S.A. with its registered office in Palmiry of a free of charge "Newsletter" service by electronic means.

§ 1. Definitions

Terms used in these Terms and Conditions shall mean:

Service Provider - WITTCHEN Spółka Akcyjna with its registered office in Palmiry, ul. Gdańska 60, address: 05-152 Czosnów, entered in the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, XIV Commercial Division of the National Court Register under KRS number: 0000352760, NIP number: 9511022154, REGON number: 011664266, share capital: PLN 3,687,219.20 (fully paid up);

Customer - shall mean an individual, legal person or organisational unit which is not a legal person and which is granted legal capacity by law, using the Newsletter under the Terms and Conditions;

Website or Online Shop - WITTCHEN Online Shop available at: https://www.wittchen.com/en-US/, offering the possibility of conducting sales and making purchases via the Internet;

Terms and Conditions - these terms and conditions for the electronic provision of the Newsletter service;

Agreement - an agreement for the provision of services by electronic means concluded between the Service Provider and the Customer on the basis of which the Service Provider provides the Newsletter service;

Newsletter - a collection of information sent by the Service Provider to the e-mail address provided by the Customer with a specified frequency and containing informational, promotional, marketing and/or advertising content of the Service Provider and/or goods or services offered by the Service Provider, in particular a commercial information;

BOK - WITTCHEN Customer Service Office, providing Customers with information and explanations concerning the activities of the Online Shop, including, among others, marketing actions, current promotions, these Terms and Conditions, at the following phone number: tel.:22 266 88 00 and e-mail address: esklep@wittchen.com

§ 2. Rules for using the Newsletter service

1. Pursuant to Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means, the Service Provider shall provide the Newsletter service free of charge via the Website for the benefit of the Customers under the rules indicated in these Terms and Conditions.
2. The use of the Newsletter service available on the Website under these Terms and Conditions requires:
   1. 1) access to a device that allows the use of Internet resources;
   2. 2) possession and use of an electronic address (e-mail);
   3. 3) use of a web browser that allows to display websites with enabled cookies and other similar technologies.
3. Customers using the Newsletter service are obliged to:
   1. 1) refrain from publishing and sending content that is offensive, illegal, violating protected by law personal rights of third parties or infringing on copyrights and image of third parties,
   2. 2) refrain from performing the Newsletter service in a manner contrary to the law, public decency or infringing the personal rights of the Service Provider;
   3. 3) refrain from using the Newsletter service for the publication of advertising and any information of a commercial nature, including, in particular, by disseminating unsolicited commercial information or taking any action that may impede or disrupt the functioning of the Website or the Newsletter service.
4. The Service Provider reserves the right to refuse to provide the Newsletter service in the event of:
   1. 1) violation of these Terms and Conditions by the Customer;
   2. 2) infringement of common law by the Customer;
   3. 3) undertaking of actions by the Customer which interfere with the uninterrupted use of the Website or Newsletter service by other Customers;
   4. 4) provision by the Customer of erroneous or false data required for correct subscription to the Newsletter service;
   5. 5) temporary or permanent discontinuation of the Newsletter service due to maintenance or modification activities on the Website or Newsletter service.
5. The agreement for the Newsletter service is concluded for an indefinite period of time.
6. The Newsletter service is provided free of charge and on a voluntary basis.
7. The Newsletter Service Agreement is concluded as follows:
   1. 1) filling by a Customer a Newsletter service order form, which is available on the Service Provider's Website;
   2. 2) reading these Terms and Conditions and the Website's Privacy Policy;
   3. 3) sending to the Service Provider the completed form referred to in point 1) above by clicking on the "Attach" (or other identical) field below the form;
   4. 4) clicking on the activation link received in the email sent by the Service Provider to the Customer (the moment of conclusion of the Agreement).
8. When the Customer clicks on the activation link referred to in sec. 7(4) above, it means confirmation to the Service Provider wish to subscribe to the Newsletter and simultaneous consent to receive commercial, promotional, marketing and/or advertising information in such form from the Service Provider and the Service Provider's use of telecommunication terminal equipment for this purpose in accordance with applicable law.
9. The Newsletter service may also be subscribed to by ticking the relevant checkbox during account registration or when placing an order in the Online Shop and by providing the e-mail address in the designated space in the account registration form or when placing an order in the Online Shop, and then clicking on the activation link referred to in sec. 7(4) above. By clicking on the activation link referred to in the preceding sentence, the Customer confirms to the Service Provider that they wish to subscribe to the Newsletter and at the same time agree to receive commercial, promotional, marketing and/or advertising information from the Service Provider in this form and to the Service Provider's use of telecommunication terminal equipment for this purpose in accordance with applicable law.
10. The Newsletter service may also be subscribed to when ticking the appropriate checkbox during the registration for the WITTCHEN Loyalty Card programme, which may be received in accordance with the Terms and Conditions of the WITTCHEN Loyalty Card programme available at the Website at: https://www.wittchen.com/en-US/karta-stalego-klienta and providing an e-mail address in the designated place of the registration form for the WITTCHEN Loyalty Card programme. By ticking the relevant checkbox referred to in the preceding sentence, the User confirms to the Service Provider that they wish to subscribe to the Newsletter and at the same time agree to receive commercial, promotional, marketing and/or advertising information of the Service Provider in this form and to the Service Provider's use of telecommunication terminal equipment for this purpose in accordance with applicable law.
11. As soon as the conditions referred to in sec. 7–8 or sec. 9 or sec. 10 above have been met, a Newsletter Service Agreement shall come into effect.
12. The Service Provider, in order to fulfil the obligation referred to in Art. 18 sec. 2 and sec. 3 of the Act on Provision of Electronic Services indicates that personal data in the form of an electronic address is necessary for the provision of the Newsletter service due to the nature of the service provided – for the purpose of performing the concluded Agreement.
13. Completion by the Service Provider of the steps indicated in sec. 7 above, is equivalent to:
    1. 1) the Customer's consent to the Service Provider's Newsletter service to be provided electronically;
    2. 2) the Customer's consent to the processing of their personal data by the Service Provider in accordance with the principles provided for in the GDPR, in particular Art. 7 of the GDPR, in order to provide the Newsletter service.
14. The Customer may at any time – without stating a reason – resign from the Newsletter service (i.e. terminate the Newsletter service agreement immediately without notice) by:
    1. 1) clicking on the deactivation link contained in each email sent to the Customer as part of the Newsletter service;
    2. 2) sending an appropriate declaration of cancellation of the Newsletter service via e-mail to: esklep@wittchen.com;
    3. 3) in case the Customer has an Online Shop account, by unchecking the relevant checkbox in their account settings and clicking the "Save" button (or equivalent).
15. In the event that the Customer performs any of the actions referred to in sec. 14 above, the Newsletter Service Agreement shall be terminated.
16. The Service Provider reserves the right to discontinue the Newsletter service at any time.
17. The Customer has the right to withdraw from the Agreement within 14 days of its conclusion without giving any reason and without incurring any costs. A template of the declaration of withdrawal from the Agreement is attached as Annex 1 to these Terms and Conditions; the declaration can be submitted by e-mail to: esklep@wittchen.com
18. The Service Provider makes a provision that the use of the Newsletter service may involve standard risks arising from the use of the Internet and suggests Customers to take appropriate steps to minimise the risks.
19. The Service Provider shall ensure and undertake that the operation of the information system they use shall enable the Newsletter service to be used in a manner that does not allow access by unauthorised persons to the content of the information comprising the Newsletter service.
20. The Service Provider shall not be liable for interruptions in access to the Newsletter service resulting from necessary technical and administrative actions, for disruptions in the operation of the Internet network, Internet supply and interruptions in access to the service in cases caused by force majeure, discontinuation of service towards the Customer who has committed a breach of these Terms and Conditions, damage caused to third parties as a result of the use by the Customer of the Newsletter service contrary to these Terms and Conditions and provisions of generally applicable law.
21. Each party to a legal relationship established under these Terms and Conditions shall be obliged to rectify any damage suffered by the other party as a result of an act or improper performance of its obligations under these Terms and Conditions – except where the non-performance or improper performance of obligations under these Terms and Conditions is the result of circumstances for which neither party is responsible.
22. If in doubt about the Newsletter Service Agreement, the Customer may contact the BOK.

§3 Complaint procedure

1. All complaints concerning the Newsletter service should be submitted by the Customer in writing to the Organiser's registered office address or electronically to: esklep@wittchen.com, with the annotation: "Reklamacja – usługa Newsletter"/"Complaint – Newsletter service".
2. Complaints must be sent by registered letter with notice of receipt. The complaint should include: first and last name, exact correspondence address, the e-mail address that was provided in the Newsletter form in accordance with § 2 sec. 7 of the Terms and Conditions, as well as an accurate description and justification of the complaint.
3. Complaints will be considered on the basis of these Terms and Conditions within 14 days from the date of receipt. The person making the complaint will receive the decision in writing at the postal address provided by the Service Recipient in the complaint or electronically in an email if the Customer has indicated an email address in the content of the complaint as the means for sending the complaint decision.
4. The Customer who is a consumer may, in matters concerning the Newsletter service, make use of out-of-court methods of dealing with complaints and claims.

§ 4. Personal data protection

1. The personal data of the Service Recipients is processed by the Service Provider acting as a Personal Data Controller.
2. The provision of personal data by Customers is voluntary, but necessary for the conclusion of the Newsletter Service Agreement.
3. Additional explanations concerning personal data are contained in the Privacy Policy available on the Website under the link: https://www.wittchen.com/en-US/polityka-prywatnosci

§ 5. Final provisions

1. The Terms and Conditions are subject to change in the following cases:
1. 1) a change in the law governing the provision of services by electronic means by the Service Provider affecting the reciprocal rights and obligations set out in the Agreement or a change in the interpretation of the aforementioned law as a result of court rulings, decisions, recommendations or recommendations of authorities or entities competent in the relevant field;
2. 2) a change in the manner in which the services are provided due to technical or technological reasons (e.g. update of the technical requirements referred to in the Terms and Conditions);
3. 3) a change in the scope of provision of the services referred to in the Terms and Conditions, through the introduction of new, modification or withdrawal of existing functionalities or services specified in the Terms and Conditions by the Service Provider.
2. If the Service Provider makes significant changes to the Terms and Conditions to the extent referred to in sec. 1 above, the Service Provider shall make the consolidated text of the new Terms and Conditions available on the Website and by means of a message sent to the e-mail address provided by the Customer when subscribing to the Newsletter service.
3. The amendment to the Terms and Conditions shall take effect 14 days from the date of dispatch of the notice of amendment.
4. These Terms and Conditions do not restrict the rights of the Customer, including a Customer with the status of a consumer or entrepreneur, to whom the provisions of the law on consumer rights apply, and to which they are entitled under the laws in force in the territory of the Republic of Poland. If a provision of the Terms and Conditions of this nature is found to exist, the provisions of the applicable law shall apply unconditionally.
5. The Agreement is concluded in Polish.
6. Any rights not regulated by these Terms and Conditions shall be governed by the applicable provisions of Polish law.