Newsletter Policy

 Section 1 - Definitions

Newsletter - a free-of-charge service provided electronically, which allows the Customer to receive previously ordered news relating to the Shop sent by the Provider by electronic means. It includes information about offers, discounts and new products in the Shop.

Shop - Markus & Michael online shop maintained by the Provider at the following address: https://www.michaelmarkus.eu/shop

Service Provider - Michael & Markus Sp. z o.o. (Spółka z ograniczoną odpowiedzialnością) [limited liability company] with its registered seat located at Ul. Jana z Kolna 11, 80-864 Gdańsk, entered into the National Court Register [KRS] – Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number: 0000589957, NIP [Tax Identification Number]: 9571082272, REGON [National Business Registry Number]: 363161549, share capital: PLN 5,000.00.

Customer - any entity using the Newsletter service.

Section 2 - Newsletter

1) The Customer uses the Newsletter service voluntarily.

2) A device with the latest version of a web browser supporting JavaScript and cookie files and with Internet access, as well as an active email account are required for the use of the Newsletter service.

3) Emails within the framework of this service will be sent to the Customer's email address provided in the Newsletter subscription.

4) In order to conclude the Agreement and subscribe to the Newsletter, in the first step the Customer enters his/her email address in a designated place on the Shop website for the purpose of receiving the Newsletter messages. Next, the Service Provider sends a verification email to the email address entered by the Customer in the first step, containing a link to confirm the Customer's will to subscribe to the Newsletter. Upon the Customer's confirmation of his/her will to subscribe to the Newsletter, the service agreement is concluded and the Service Provider starts providing the service to the Customer.

5) Information about the cancelling of the subscription to the Newsletter and the unsubscribe link will appear in the email correspondence.

6) The Customer may apply to cancel his/her subscription to the Newsletter at any time without giving a reason and incurring any costs by sending an email to the Service Provider’s email address: shop@michaelmarkus.eu

7) Sending an email with a request to cancel the subscription will result in immediate termination of the contract for the provision of this service.

Section 3 - Complaints

1) Complaints concerning the Newsletter should be addressed to the following e-mail address: shop@michaelmarkus.eu.

2) The Service Provider will respond to a complaint within 14 days from is receipt.

OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM

3) In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:

  1. Assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions. The assistance of Consumer Centres is free of charge by default.
    A list of Consumer Centres competent for each country can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html;

  2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

 4) Furthermore, the following support options are available in the Republic of Poland:

  1. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free of charge by default. A list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595;

  2. assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free of charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596;

  3. free-of-charge assistance of the municipal or poviat consumer advocate. 

Section 4 - Personal data

1) The Service Provider is the Data Controller of the personal data provided by the User for the purpose of using the Newsletter.

2) The purpose of processing the Customer’s data is providing the Customers with Newsletter services.

The basis for the processing of personal data in this case is:

  1. a contract for the provision of services or activities undertaken at the Customer's request in order to conclude it (Article 6(1)(b) of the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”),

  2. legitimate interest of the Service Provider, consisting in the processing of data to determine, assert or defend any potential claims (Article 6(1)(f) of the GDPR).

3) Providing data by the Customer is voluntary, but at the same time it is necessary for the provision of the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide the service.

4) The Customer's data will be processed until:

  1. the possibility of pursuing claims related to the Account by the Customer or the Service Provider ceases;

  2. the Customer's objection against the processing of his/her personal data is accepted – if the basis for data processing was a legitimate interest of the Service Provider

– depending on whichever is applicable in that case and whichever is later.

5) The Customer is entitled to:

  1. access his/her personal data,

  2. change them,

  3. erase them,

  4. restrict their processing,

  5. demand the transfer of the data to a different controller,

Also, the Customer has the right to:

  • object at any time to the processing of data for reasons related to the specific situation of the Customer – for reasons attributable to his/her particular situation – regarding the processing of his/her personal data in accordance with Article 6 (1) (f) of the GDPR (i.e. based on the legally justified interests performed by the controller),

6) In order to exercise his/her rights, the Customer should contact the Service Provider.

7) If the Customer finds that his data is being processed unlawfully, the Service Provider may submit a complaint to the supervisory authority.

Section 5 - Final provisions

1) The Service Provider reserves the right to change these Terms and Conditions only for substantial reasons. A substantial reason is understood as a necessary change in the Terms and Conditions due to the Newsletter service modernisation or amendments in the provisions of law applicable to the Provider’s service.

2) Information about the planned changes in the Terms and Conditions will be sent to the Customer’s e-mail address indicated in the subscription at least 7 days before the changes enter into force.

3) If the Customer does not object to the planned changes by the time they enter into force, he/she will be deemed to have accepted it.

4) If the Customer does not accept the planned changes, he/she should send a notification about that fact to the Provider's e-mail address: shop@michaelmarkus.eu. This will result in termination of the service contract on the date when the planned changes enter into force.

5) The Customer is forbidden to provide content of illegal nature.

6) Any dispute arising between the Service Provider and the Customer who is not a Consumer will be submitted to the court competent for the Service Provider’s registered office

This Newsletter Policy was last updated 08/07/19