Newsletter Terms and Conditions at Bayonet.pl

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right to withdraw from the Agreement
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or Newsletter
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – A service recipient who is a natural person who has concluded a Contract or is taking steps to conclude a Contract, without any direct connection to their business or professional activity.

Newsletter – news about the Store, including information about offers, promotions, and new products in the Store, provided free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act.

Privileged entrepreneur – A service recipient who is a natural person concluding a contract (or taking steps to conclude a contract) directly related to their business activity, but not of a professional nature.

Terms and Conditions – these terms and conditions.

Store – the Bayonet.pl online store operated by the Service Provider at bayonet.pl.

Agreement – agreement for the delivery of the Newsletter.

Service Recipient – any entity that has concluded the Agreement or undertakes activities aimed at its conclusion.

Privileged service recipient – A service recipient who is a Consumer or a Privileged Entrepreneur.

Service Provider – BAYONET SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Puławska 34/2/3, 05-500 Piaseczno, entered in the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, 14TH ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 00011333333333333333333333333333333333333333333333333333333333333333333333 WARSZAWY W WARSZAWIE,XIV WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, pod nr KRS 0001132398, NIP 1231566713, REGON no. 52990743700000, share capital PLN 120,000.00.

Consumer Rights Act – Polish Act of May 30, 2014 on consumer rights.

§ 2 CONTACTING THE SERVICE PROVIDER

Address: ul. Puławska 34/2/3, 05-500 Piaseczno
Email address: sklep@bayonet.pl
Phone: +48501191101

The cost of a telephone call or data transmission made by the Service Recipient is based on the basic tariff of the telecommunications operator or Internet service provider used by the Service Recipient. 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 rates charged by the telecommunications operator or Internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

To use the digital content covered by the Terms and Conditions, you need:

• active email account;
• a device with Internet access;
• a web browser that supports JavaScript and cookies.

§ 4 AGREEMENT

The service recipient may voluntarily subscribe to the Newsletter.

In order to receive the Newsletter, it is necessary to conclude an Agreement.

Messages e-mail sent as part of the Agreement will be directed to the a7> address e-mail provided by the Service Recipient at the time of conclusion of the Agreement.

In order to conclude the Agreement, the Service Recipient first enters their email address in the designated field in the Store, to which they wish to receive messages sent under the Agreement. Upon subscribing to the Newsletter, an Agreement is concluded for an indefinite period, and the Service Provider shall commence providing services to the Service Recipient, subject to paragraph 5.

In order to properly perform the Agreement, the Customer is obliged to provide their correct email address.

The newsletter is delivered immediately after the Service Provider creates messages intended for Service Recipients.

The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing a9> unsubscribe from it, as well as a link to unsubscribe from.

The Service User may unsubscribe from the Newsletter without giving any reason and without 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 e-mail address provided in § 2 of the Terms and Conditions.

If the Service User clicks on the link to unsubscribe from the Newsletter or sends a message requesting to unsubscribe from the Newsletter, this will result in the immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

The Service Provider requests that complaints regarding digital content covered by the Terms and Conditions be submitted to the postal or email address specified in § 2 of the Terms and Conditions.

The service provider will respond to the complaint within 14 days of receiving the complaint form.

II PRIVILEGED SERVICE RECIPIENTS

The Service Provider shall be liable to the Privileged Customer for the compliance of the service with the Agreement, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.

In the event of improper performance of the Agreement by the Service Provider, the Service Recipient has the privilege of being able to exercise the rights regulated in Chapter 5b of the Act on consumer rights.

If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Customer may request that it be delivered. If, despite this, the Service Provider fails to deliver the digital content covered by the Agreement immediately or within an additional period expressly agreed between the privileged Service Recipient and the Service Provider, the privileged Service Recipient may withdraw from the Agreement.

A privileged service recipient may withdraw from the Agreement without requesting the delivery of digital content covered by the Agreement if:

• it is clear from the Service Provider’s statement or circumstances that it 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 the conclusion of the Agreement, that a specific deadline for the delivery of the digital content covered by the Agreement was of significant importance to the privileged Service Recipient, and the Service Provider failed to deliver it by that deadline.

The Service Provider shall be liable for any non-compliance of the Newsletter with the Agreement which, due to the fact that the Newsletter is delivered on a continuous basis, occurred or became apparent at the time when it was to be delivered in accordance with this Agreement.

If the digital content covered by the Terms and Conditions is not in accordance with the Agreement, the privileged Service Recipient may demand that it be brought into compliance with the Agreement.

In the event of non-compliance with the Agreement of digital content covered by the Terms and Conditions, the Privileged Service Recipient shall be obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means available to them, in order to determine whether the non-compliance with the Agreement in a timely manner results from the characteristics of the Privileged Service Recipient’s digital environment.

In addition, if the digital content covered by the Terms and Conditions is inconsistent with the Agreement, the privileged Service Recipient may submit a statement of withdrawal from the Agreement when:

• bringing such digital content into compliance with the Agreement is impossible or would entail excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
• The Service Provider has not brought the digital content covered by the Terms and Conditions into compliance with the Agreement within a reasonable time from the moment the Service Provider was informed by the privileged Service Recipient about the non-compliance 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 non-compliance of the digital content covered by the Terms and Conditions with the Agreement persists, despite the Service Provider’s attempts to bring it into compliance with the Agreement;
• non-compliance with the Agreement of digital content covered by the Terms and Conditions is so significant that it justifies withdrawal from the Agreement without first using the remedy specified in Article 43m of the Consumer Rights Act (i.e., requesting that the digital content be brought into compliance with the Agreement);
• it is clear from the Service Provider’s statement or circumstances that it will not bring the digital content covered by the Terms and Conditions into compliance with the Agreement within a reasonable time or without undue inconvenience to the privileged Service Recipient.

III OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

The Service Provider informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The Consumer may use, among others:

• assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The centers provide information on consumer rights and help resolve disputes in cross-border purchases. The assistance of European Consumer Centers is generally free of charge. A list of Consumer Centers for each country can be found at: https://konsument.gov.pl/eck-w-europie/
• the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr – however, the possibility of submitting complaints via the ODR platform expires on March 20, 2025.

In addition, in the territory of the Republic of Poland you can take advantage of the following forms of support:

• mediation conducted by the competent regional Provincial Inspectorate of Inspection Trade, to which you should apply with a request for mediation. As a rule, the proceedings are free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
• assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa

The previous provision is for informational purposes only and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution methods.

The use of out-of-court complaint handling and redress procedures is voluntary for both the Service Provider and the Consumer.

Consumers can also seek free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT TO WITHDRAW FROM THE AGREEMENT

The privileged service recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.

The deadline for withdrawing from the Agreement expires 14 days after the date of conclusion of this Agreement.

In order for the Privileged Service Recipient to exercise their right to withdraw from the Agreement, they must inform the Service Provider, using the 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).

The service recipient may use the template form for withdrawal from the Agreement placed at the end of the Terms and Conditions, however it is not mandatory.

In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the privileged Service Recipient to send information regarding the exercise of their right to withdraw from the Agreement before the deadline for withdrawal from the Agreement expires.

§ 7 PERSONAL DATA

The administrator of personal data provided by the Customer in connection with the Agreement is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds 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 of the European Parliament and of the Council (EU) – “GDPR”.

The purpose of processing the Service User’s data is:

• performance of the Agreement; the basis for the processing of personal data in this case is the Agreement or actions taken at the request of the Service Recipient, aimed at its conclusion (Article 6(1)(b) of the GDPR);
• analysis of the effectiveness of messages sent under the Agreement in order to establish general rules for effective sending in the Service Provider’s activities; the basis for the processing of personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR);
• determination, investigation or defense of any claims related to the Agreement; basis processing personal data for this purpose including for this purpose a14> is the legitimate interest of the Service Provider (Article 6 para. 1 lit. f of the GDPR).

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 Agreement not being concluded and the Service Provider not delivering the digital content covered by it.

The Service User’s data will be processed until:

• the Agreement shall cease to be in force;
• the possibility of pursuing claims by the Service Recipient or Service Provider related to the Agreement shall cease;
• the Service User’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 each case.

The service recipient has the right to request:

• access to your personal data,
• their corrections,
• removal,
• restrictions on processing,
• transfer of data to another controller

as well as the right:

• to object at any time to the processing of data for reasons related to the specific situation of the Service Recipient – to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on the legitimate interests pursued by the Service Provider).

In order to exercise their rights, the Service Recipient should contact the Service Provider.

If the Service Recipient believes that their data is being processed unlawfully, they may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR NEWSLETTER

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:

• change in functionality of the Newsletter, requiring modification of the Terms and Conditions or
• a change in legal regulations affecting the performance of the Agreement by the Service Provider or the adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations or decisions of competent public authorities, or
• change in the Service Provider’s contact or identification details.

Information about the planned amendment to the Terms and Conditions will be sent to the Service Recipient’s email address provided at the time of concluding the Agreement at least 7 days before the amendments come into force.

If the Customer does not object to the planned changes by the time they come into effect, it is assumed that they accept them, which does not constitute any obstacle to terminating the Agreement in the future.

In the event of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider’s e-mail address provided in § 2 of the Regulations, which will result in the termination of the Agreement upon the entry into force of the planned changes.

The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the Agreement, for the reason specified in section 1(b) or due to a change in the functionality of the Newsletter. The introduction of the change referred to in the previous sentence shall not entail any costs for the privileged Service Recipient. The provisions of paragraphs 2-4 shall apply accordingly.

If the change referred to in the previous provision significantly and negatively affects the a10> access of the Service Recipient to the privileged Newsletter or use of it, Service Provider will send to address of the Service Recipient in advance with appropriate advance notice, on a durable medium, information about the characteristics and date of implementation of this change and rights accruing in connection with this change to the Service Recipient privileged.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide illegal content.

The agreement is concluded in Polish.

Any agreement made under these Terms and Conditions is subject to Polish law, except for paragraph 4.

The choice of Polish law for the Agreement concluded with the Consumer on the basis of the Terms and Conditions does not waive or limit the Consumer’s rights under mandatory provisions of law applicable to that Consumer in a situation where no choice of law is made. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.

In the event of a dispute with a Service Recipient who is not a privileged Service Recipient in connection with the Agreement, the competent court shall be the court competent for the Service Provider’s registered office.

All liability of the Service Provider in connection with the Agreement in relation to the Service Recipient who is not a8> a privileged Service Recipient within the limits permitted by law is excluded.