Newsletter Terms and Conditions

I. PRELIMINARY PROVISIONS

1. This document (hereinafter referred to as: “the Terms and Conditions”) specifies detailed rules of providing “Newsletter” services by Arkana Cosmetics Sp. z o.o. Sp. K. with its registered office in Wrocław (51-649), ul. Bacciarellego 54, entered into the Register of Entrepreneurs of the National Court Register under number 0000370832, whose company files are maintained by the District Court for Wrocław-Fabryczna, 6th Commercial Division, National Court Register, with NIP 897-17-68-179, tel. (+48) 71 787 00 70 – a charge as per standard call - according to the caller’s operator rates (hereinafter referred to as: “the Service Provider”).

2. The Newsletter service may be used by a natural person or by a legal person acting through a legal representative or by an organizational unit without a legal personality to whom the law grants legal capacity, having full legal capacity (hereinafter referred to as "the Customer"). If the Customer is a natural person with limited legal capacity, in the event of such a need, he or  she undertakes to obtain a legally effective consent of their legal representative to conclude an agreement for the Newsletter service (hereinafter referred to as: "the Agreement") and give such consent at each Service Provider's request, in which case, in principle, the Agreement is an agreement of a type commonly executed in minor current day-to-day matters. The Service Provider does not charge the Customers with the Newsletter services.

3. The use of the Newsletter (including the conclusion of the Agreement) requires that the final device and ICT system used by the Customer fulfill the following minimum technical requirements (1) a computer, laptop or another multimedia device with Internet access, and in the case of recipients of the Newsletter to a given mobile number – a mobile phone; (2) access to e-mail (3) valid/ active e-mail address; (4) a keyboard or another pointing device that allows for correct completion of electronic forms.

II. RULES OF USING THE NEWSLETTER

1. The Newsletter is provided at the Customer’s request after conclusion of the Agreement and it includes:

2. commercial information on the products and services provided by the Service Provider and their partners (the updated list is available on the Website), including, in particular, information about their current offer, promotions, discounts and marketing campaigns, received by the Customers who have provided the Service Provider with their e-mail address by electronic means, including automated caller systems,

3. commercial information on the products and services provided by the Service Provider and their partners by postal services received by the Customers who have provided the Service Provider with data including their name, surname, street, house number, apartment number, zip code, city, country, including, in particular, the fact that they have placed an order or created an account at www.sklep.arkana.pl (hereinafter also "the Website"),

4. commercial information on the products and services provided by the Service Provider, including, in particular, information about their current offer, promotions, discounts and marketing campaigns, received by the Customers who have provided the Service Provider with their telephone number, including with the help of automatic calling systems.

5. the use of the Newsletter service is possible upon completion of the following steps by the Customer:

6. providing at least the e-mail address in the appropriate box on the Website or checking the appropriate checkbox in order to receive commercial information via another appropriate channel;

7. accepting the provisions of these Terms and Conditions by clicking the activation link sent by the Service Provider to the e-mail address provided by the Customer (the moment of commencement of the Newsletter service).

8. The Newsletter service is provided for an indefinite period of time.

9. The Customer is obliged in particular to:

10. provide the Service Provider only with the Customer’s true, up-to-date and all necessary data,

11. immediately update the data provided to the Service Provider in connection with the conclusion of the Agreement;

12. use the services offered by the Service Provider in a manner consistent with the provisions of applicable law and without violating the rights of third parties, with provisions of the Terms and Conditions, as well as with the customs and principles of social conduct adopted in this respect, in particular, not to deliver unlawful content.

III. PERSONAL DATA PROTECTION

1. The Customer’s personal data are processed by the Service Provider acting as the Controller in order to provide the Newsletter service.

2. Providing personal data by the Customer is voluntary, but necessary in order to use the Newsletter service, subject to paragraph 3 below.

3. The Service Provider allows the Customers to use the Newsletter service in an anonymous manner in a situation where the e-mail address provided by the Customer does not allow for identification of the Customer and the Customer did not provide the Service Provider with other personal data.

4. The Customer has the right to access their personal data, including the request for issuing their copy, request for correction, restriction of the processing or deletion of their data, cancelling the Newsletter subscription, transferring their personal data, e.g. to another Controller, filing an objection with the President of the Office for Personal Data Protection.

5. Additional information regarding the protection of personal data is contained in the "Privacy Policy" section available on the Website.

IV. THE SERVICE PROVIDER’S INTELLECTUAL PROPERTY

Exclusive rights to all elements, including works within the meaning of the Copyright and Related Rights Act of 4 February 1994 (Dz. U. [Journal of Laws] No. 24, item 83 as amended), made available by the Service Provider, in particular copyrights, apply to the Service Provider or entities with whom the Service Provider has entered into appropriate agreements. The Customer is entitled to use the above-mentioned contents free of charge only for personal use and only for the proper use of the Newsletter service throughout the world. The use of the above content within a different scope is allowed exclusively on the basis of the express prior consent in writing granted by the authorized entity, otherwise null and void.

V. COMPLAINT PROCEDURE

1. The Customer may raise objections related to the Newsletter service in the form of a complaint.

2. A response to the complaint by the Service Provider shall take place immediately, not later than within 14 days from the date of its submission.

3. Complaints related to the provision of the Newsletter service may be submitted, for example, in writing to the following address: ul. Bacciarellego 54, 51-649 Wrocław.

4. In order to accelerate the consideration of the complaint, provide your name and surname, contact details and the description of the reasons justifying the complaint.

5. Neither the Service Provider nor their employees, authorized representatives or proxies shall be liable to the Customer who is not a Consumer, his or her subcontractors, employees, authorized representatives and/or proxies for any damage, including loss of profits, unless the damage was caused intentionally by the Service Provider, their employees, authorized representatives or proxies. In any case of determining the liability of the Service Provider, their employees, authorized representatives and/or proxies, this liability in relation to the Customer who is not a Consumer, regardless of its legal basis, is limited – both as part of a single claim and for all claims in total – up to one thousand zlotys.

VI. TERMINATION OF THE AGREEMENT AND CHANGE OF THE TERMS AND CONDITIONS

1. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter service (resign from the service), in particular by clicking the deactivation link that is in each e-mail sent to the Customer as part of the Newsletter service.

2. The Service Provider may terminate the Agreement for important reasons at any time with one month's notice, understood as (closed catalog):

3. change in legal provisions regulating the provision of electronic services by the Service Provider affecting the mutual rights and obligations set out in the Agreement or change in the interpretation of the above provisions as a result of court judgments, decisions, recommendations or indications relevant to the given area of offices or bodies;

4. change in the manner of providing services solely due to technical or technological reasons (in particular, updating the technical requirements indicated in these Terms and Conditions);

5. change in the scope or in provision of services to which the provisions of the Terms and Conditions apply, by introducing new functionalities or services covered in the Terms and Conditions by the Service Provider, their modification or withdrawal of the existing ones.

6. The Service Provider sends their statement to the extent specified in paragraph 1 above to the e-mail address provided by the Customer during registration to the Newsletter service.

7. The Service Provider may terminate the Agreement with a seven-day notice or refuse the Customer further right to use the Newsletter service, as well as they may limit the Customer’s access to some or all of the contents referred to in IV above for important reasons, i.e. in the case of gross violation of these Terms and Conditions by the Customer, i.e. in situations where the Customer (closed catalog) violates the provisions of II(4)(c) of the Terms and Conditions.

8. The Terms and Conditions constitute a contractual model within the meaning of Article 384(1) of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).

9. The Service Provider may change these Terms and Conditions in case of at least one of the following important reasons (closed catalog):

10. change in legal provisions regulating the provision of electronic services by the Service Provider affecting the mutual rights and obligations set out in the Agreement or change in the interpretation of the above provisions as a result of court judgments, decisions, recommendations or indications relevant to the given area of offices or bodies;

11. change in the manner of providing services solely due to technical or technological reasons (in particular, updating the technical requirements indicated in these Terms and Conditions);

12. change within the scope or in provision of services to which the provisions of the Terms and Conditions apply, by introducing new functionalities or services covered in the Terms and Conditions by the Service Provider, their modification or withdrawal of the existing ones.

13. In the case of making changes to the Terms and Conditions, the Service Provider shall provide a consolidated text of the Terms and Conditions through publication on the Website and by means of messages sent to the e-mail address provided by the Customer during registration to the Newsletter service.

14. The change to the Terms and Conditions comes into force after 14 days from the date of sending information about the change. The Customer has the right to terminate the Agreement within 14 days from the date of notifying him of the change to the Terms and Conditions.

VII. FINAL PROVISIONS

1. These Terms and Conditions are also available at sklep.arkana.pl and shall take effect as of 25 May 2018.

2. The Agreement is concluded in the Polish language.

3. The consolidation, security and access to essential provisions of the concluded Agreement takes place by sending an e-mail to the address provided by the Customer during registration to the Newsletter service.

4. The law applicable to the Agreement is the law of the Republic of Poland, and courts are the common courts in the Republic of Poland, unless provided otherwise by the mandatory provisions of law.