Newsletter Rules
1. The newsletter service is provided by MAGDALENA OGŁUSZKA, with a registered company Chartist MAGDALENA OGŁUSZKA, Żabczanka 14B, 97-420 Żabczanka.
The company is registered in the Central Register and Information on Business Activity under the number NIP: 7692238306, REGON 388034410.
2. You can contact the Service Provider by writing to the e-mail address: MEG@HARMONIADOM.COM or by phone: 697 024 757.
§2 Definitions
1. Customer/User – an entity that plans to subscribe to the Newsletter Service or purchases a product/s, a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality to which the law grants legal capacity – which has concluded or intends to conclude an Agreement with the Service Provider, also referred to as the User.
2. Consumer – a natural person who makes a purchase for purposes that are not directly related to his/her business/professional activity.
3. Newsletter - a type of online bulletin sent periodically to interested Users. The newsletter service consists in providing registered Users via e-mail, to the User's address provided as part of the registration procedure, with current information about the products, services, news, promotions and other content important to the Client offered by the Service Provider. Used to build relationships and maintain constant communication with the Client. The service is provided using the website https://www.harmoniadom.com, free of charge and for an indefinite period.
4. Privacy Policy – a document or subpage of the Service specifying the principles of personal data processing, available at https://www.harmoniadom.com/privacy-policy.
5. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf and using the Store.
6. Entrepreneur with consumer rights – a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that this contract is not of a professional nature for him/her, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
7. Contract concluded at a distance – a contract concluded as part of an organised system of concluding distance contracts without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
8. Electronic service – a service provided electronically via the Website; a service within the meaning of Art. 2, point 4 of the Act on the provision of services by electronic means.
9. Regulations – these Newsletter Regulations.
10. Service provider - MAGDALENA OGŁUSZKA with the company registered as Chartist MAGDALENA OGŁUSZKA, Żabczanka 14B, 97-420 Żabczanka. The company is registered in the Central Register and Information on Business Activity under the number NIP: 7692238306, REGON 388034410.
11. Agreement – mutual agreements between the Service Provider and the Client specifying mutual rights and obligations.
12. Offer - digital content or other goods that the Customer receives in exchange for subscribing to the Newsletter.
Detailed terms and conditions of the Offer are presented on the Website.
§3 Rules of cooperation and conclusion of the contract
1. The principles of cooperation and the terms of execution of the agreement are specified in the Regulations and the Offer.
2. Before starting to use the Newsletter Service, the Customer is provided with the Regulations free of charge at the very bottom of the Website. The content of the Regulations may be recorded by the Customer by downloading, saving on a medium or printing at any time from the Website.
3. The Customer may not use the Newsletter Service using incorrect personal data, anonymously or under a pseudonym.
4. The Regulations do not exclude or limit the rights of a Customer who is a Consumer or an Entrepreneur with consumer rights arising from mandatory provisions of law.
5. The Agreement is concluded upon the Customer's acceptance of the Regulations, subject to the provisions below.
§4 Technical conditions
1. The Customer may use the Newsletter Service in accordance with the Regulations and applicable regulations.
2. The Service Provider declares that the public nature of the Internet and the use of the Newsletter Service may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks.
3. In order to use the Newsletter Service, the Customer must have:
a. the current version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
b. active email account.
c. a current tool/program that supports electronic files in the format indicated in the Offer (e.g. in *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl format);
d. recommended minimum screen resolution: 1024x768;
e. enabling the ability to save Cookies and support Javascript in your web browser.
4. If it is necessary to meet additional technical requirements to use the Newsletter Service, the Customer will be informed thereof before using the Newsletter Service.
§5 Registration
1. Registration for the service is tantamount to the User's acceptance of these Terms and Conditions and the Privacy Policy.
2. The Service Provider, via the Website, enables the User to conclude an agreement for the provision of digital content in the form of a Newsletter, for which the User does not pay any monetary fee, but provides the Service Provider with his or her personal data and consents to receiving the Newsletter.
3. If the User does not wish to consent to receiving the Newsletter, in exchange for their personal data, they may purchase it by paying a specific price, in accordance with the price list provided by the Service Provider. Purchase in this manner requires individual contact with the Service Provider.
4. To register for the Newsletter Service you must:
a. complete the registration form available on the Website by filling in the field: e-mail address;
b. Accept the Privacy Policy.
c. Consent to receiving the Newsletter to the User's provided e-mail address as commercial information within the meaning of the Act of 18 July 2002 on the provision of services by electronic means.
d. Confirm your willingness to subscribe to the Newsletter by clicking on the confirmation link sent to the e-mail address provided by the User in the registration form.
5. Expressing consent to receive the Newsletter is completely voluntary, however without the consents indicated above it will not be possible to use the Newsletter Service.
6. Registering for the Newsletter Service in accordance with the procedure indicated above will add the User's email address to the email list. The User's email address will be used to send the User Newsletters.
§6 Complaint
1. Complaints regarding the Newsletter Service may be submitted by the User in the following manner:
a. in writing to the address of the Service Provider, tj. Żabczanka 14B, 97-420 Żabczanka,
b. via e-mail: MEG@HARMONIADOM.COM.
2. The complaint should contain a clear description, the User's request and his/her data, in accordance with Annex 2 to these Regulations.
3. The Service Provider will immediately, but no sooner than within 14 days from the date of receipt of the complaint from the User, respond to the complaint and notify the User of further proceedings.
§7 Personal data
1. Personal data provided by Users when subscribing to and using the Newsletter Service are processed by the Service Provider.
2. Providing personal data by the User is voluntary, but necessary for the Service Provider to provide the Newsletter Service. Failure to provide data will result in the Newsletter Service not being able to be provided.
3. The User has the right to access their personal data and to correct and delete it, in accordance with applicable law.
4. Detailed provisions regarding the protection of the User's personal data can be found in the Privacy Policy available on the website https://www.harmoniadom.com/privacy-policy-pl.
5. Personal data may be transferred to an entity whose services the Service Provider uses to send the Newsletter.
§8 Withdrawal from the contract
1. This chapter defines the rules for withdrawal from the contract by the Consumer and the Entrepreneur with consumer rights.
2. A Customer who is a Consumer or an Entrepreneur acting on consumer rights has the right to withdraw from the agreement within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the agreement, the Customer should inform the Service Provider about this by means of an unequivocal statement, e.g. by sending an e-mail or a letter to the address indicated in the Regulations. The model withdrawal form is included in Annex 1 to the Regulations.
§9 Changes in regulations
1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason is understood as the need to change the Regulations caused by:
a. a change in the functionality of the Newsletter, requiring a modification of the Regulations or
b. a change in legal regulations affecting the performance of the Agreement by the Service Provider or adapting the services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or
c. change of the contact or identification details of the Service Provider.
2. Information about the planned change to the Regulations will be sent to the e-mail address of the Service Recipient provided at the time of conclusion of the Agreement at least 7 days before the changes come into effect.
3. If the Service Recipient does not object to the planned changes before they enter into force, it is assumed that he or she accepts 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 Service Recipient should send information about this to the Service Provider's e-mail address, i.e. MEG@HARMONIADOM.COM, which will result in termination of the Agreement upon entry into force of the planned changes.
5. The Service Provider may make a change to the Newsletter that is not necessary to maintain its compliance with the Agreement due to a change in the functionality of the Newsletter. The introduction of the change referred to in the previous sentence will not involve any costs on the part of the Service Recipient.
6. If the change referred to in the previous provision significantly and negatively affects the Service Recipient's access to the Newsletter or use thereof, the Service Provider will send to the Service Recipient's e-mail address in due advance, on a durable medium, information about the characteristics and deadline for making this change and the rights of the privileged Service Recipient in connection with this change.
§10 Detailed provisions for entrepreneurs
1. The provisions set out in this paragraph apply to an Entrepreneur who is not an Entrepreneur with consumer rights.
2. The court with jurisdiction to resolve any disputes arising between the Service Provider and an Entrepreneur who is not an Entrepreneur with consumer rights is the court with jurisdiction over the registered office of the Service Provider.
3. The Parties exclude the Service Provider's liability for non-conformity of the Goods with the contract/defect of the goods towards an Entrepreneur who is not an Entrepreneur with consumer rights.
4. The Service Provider has the right to terminate the agreement with the Entrepreneur, who is not an Entrepreneur with consumer rights, with immediate effect. For this purpose, the Service Provider sends the Entrepreneur a statement on the termination of the agreement to the e-mail address or correspondence address. The Entrepreneur waives any claims in this regard.
5. The Service Provider shall not be liable for lost profits in relation to an Entrepreneur who is not an Entrepreneur with consumer rights.
§11 Final provisions
1. During the duration of the force majeure, the Parties to the agreement shall be exempt from any liability for its non-performance or improper performance, if only the circumstances of the occurrence of the force majeure constitute an obstacle to the performance of the agreement. The above also applies in the period immediately preceding or immediately following the occurrence of the force majeure, if only in the indicated period the impact of the force majeure constitutes an obstacle to the performance of the agreement.
2. "Force majeure" shall be understood as an event of a sudden or natural nature, independent of the will and action of the Parties, which could not be foreseen and could not be prevented, in particular events such as: flood, war, act of terror, introduction of a state of emergency.
3. When using the Newsletter Service, it is prohibited to act in a manner that is contrary to the law, good customs or infringes the personal rights of third parties, as well as to provide information of an unlawful nature.
4. Amicable settlement of disputes and handling of complaints. The consumer may contact:
a. a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract;
b. the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably settle the dispute between the Customer and the Service Provider;
c. the district (municipal) consumer rights advocate or social organization whose statutory tasks include consumer protection in order to obtain assistance in a contract matter;
d. or has the right to use the ODR platform. The platform serves to resolve disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.
5. The applicable law is Polish law, subject to paragraph 8.
6. The competent court is the Polish court, subject to paragraph 8.
7. In the case of a Client who is a consumer, the provisions of the Regulations do not deprive the consumer of the protection granted by the provisions of the law of the country of his habitual residence, which cannot be excluded by agreement. In the event that the provisions that apply in the consumer's country are more favorable to him, and these provisions cannot be excluded by agreement, they will be applied in the agreement concluded between the Client and the Service Provider.
8. The regulations are effective from 2024-08-31.
§12 Copyright and Licenses
1. All materials provided by the Service Provider, including Electronic Products and Services, photos, texts, graphics, multimedia and trademarks are works within the meaning of the Copyright and Related Rights Act, subject to legal protection.
2. The copyright to the above materials is held by the Service Provider or another entity from which the Service Provider has obtained an appropriate license. The materials may also be used by the Service Provider based on another legal basis.
3. All materials provided by the Service Provider may be used solely by the Client for their own use, unless otherwise stated in the Offer. Further distribution, sharing, downloading and downloading of materials in any way beyond the scope of permitted use is not permitted.
4. The Service Provider grants the Client a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time restrictions result from the Offer or these Regulations. The fee for granting the license is included in the price.
5. The customer has the right to use the materials in the following fields of exploitation:
a. recording and reproducing the work - producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technology
b. trade in the original or copies on which the work was recorded - introducing into circulation, lending or renting the original or copies,
c. disseminating the work in a manner other than that specified in point b - public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as making the work publicly available in such a way that everyone can have access to it at a place and time of their choosing.
6. In the event of a breach of the prohibition referred to in this paragraph, including copyright infringement, the Service Provider has the right to demand compensation and redress from the Client. The Client may be held civilly or criminally liable in the above-mentioned scope.
7. The Service Provider has the right to periodically update the Products, including in particular electronic Products.
Annex no. 1
WITHDRAWAL FORM SAMPLE
Complete the form if you wish to withdraw from the Agreement.
Date and city:
Your name:
Your e-mail:
Your phone number:
Chartist MAGDALENA OGŁUSZKA Żabczanka 14B97-420 Żabczanka
Withdrawal from the contract
I, the undersigned, hereby withdraw from the contract for the provision of the Newsletter service by the company MAGDALENA OGŁUSZKA, conducting business activity under the name Chartist MAGDALENA OGŁUSZKA, Żabczanka 14B, 97-420 Żabczanka. The company is registered in Central Register and Information on Business Activity under the Tax Identification Number (NIP): 7692238306, REGON 388034410.
Annex no. 2
COMPLAINT FORM
Complete the form if you wish to file a complaint regarding the non-conformity of the Goods with the Agreement.
Date and city:
Your name:
Your e-mail:
Your phone number:
Chartist MAGDALENA OGŁUSZKA Żabczanka 14B 97-420 Żabczanka
Filing a complaint
I hereby inform that the work carried out by Żabczanka 14B, 97-420 Żabczanka the Newsletter service is inconsistent with the Agreement.
Usługodawca niezwłocznie, nie krócej jednak niż w terminie 14 dni od dnia otrzymania od Użytkownika reklamacji ustosunkuje się do reklamacji oraz powiadamia Użytkownika o sposobie dalszego postępowania.
The non-compliance of the Newsletter service with the Agreement is as follows:
The non-compliance was found on:
In view of the above, I request that you: