Newsletter - Terms and conditions

1. General Provisions

1. The entity providing the NEWSLETTER service is the owner of the online store www.vintagecuisine.pl, Vershold Poland Sp. z o. o. with its registered office in Warsaw, address: 02-092 Warszawa, ul. Żwirki i Wigury 16A, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw Warszawa in Warsaw, 13th Department of the National Court Register, under KRS number 0000629221, REGON 142114475, NIP: 7010209892; e-mail address: info@vintagecuisine.pl , tel. +48 603 258 866, (connection fee according to the relevant operator's price list), hereinafter referred to as " Vershold " or " Service Provider " ".
2. These Regulations define the terms and conditions of using the NEWSLETTER service provided by Vershold electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services.
3. The NEWSLETTER service is provided by the Service Provider on the terms set out in the Regulations free of charge.
4. The Regulations are continuously made available to the User free of charge via the website available at www.vintagecuisine.pl.
5. Before using the NEWSLETTER service, the User is obliged to read the Regulations. Using the NEWSLETTER service means that the User has read, accepted and complied with the provisions of the Regulations. The User may be separately asked, when using the NEWSLETTER service, to confirm this circumstance also in the manner available in the www.vintagecuisine.pl store. Submitting a statement by the User about reading and accepting the provisions of the Regulations is voluntary, however, it is necessary in order to use the NEWSLETTER service.

2. Definitions

1. User's e-mail address  - the e-mail address of which the User is the sole administrator, necessary to use the NEWSLETTER service and provided by the User voluntarily at the stage of concluding the Agreement;
2. newsletter - provided by Vershold to the User and at his request, on the basis of the Agreement concluded by the Parties, a service provided by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services, under which the Service Provider enables the User to receive electronically to the User's e-mail address provided, including by means of automatic calling systems, in the form of an electronic bulletin of commercial information regarding products and services offered by Vershold and/or Vershold partners, including in particular information about the Online Store, the current Vershold offer and/ or Vershold partners, promotions, discounts and marketing campaigns; the newsletter may also contain vouchers and special promotional offers dedicated to individual Users;
3. Regulations  - these Regulations;
4. Online Store - a platform (website) run by Vershold, available at www.vintagecuisine.pl, constituting a set of interconnected websites, enabling the conclusion of contracts for the sale of goods and/or services offered by Vershold, as well as enabling the use of other services provided by Vershold ;
5. Parties  - User and Vershold;

6. Content (Content) - text, graphic or multimedia elements, photos, videos (e.g. photos and descriptions, ratings and comments), including those that may constitute works within the meaning of art. 1 of the Act of February 4, 1994 on copyright and related rights, as well as those that do not constitute such works, and in addition all other exclusive rights, including to trademarks and other intellectual property items, and also images of natural persons that are presented and /or disseminated via the Service Provider's NEWSLETTER service;

3. Technical requirements

1. The technical requirements necessary for cooperation with the ICT system used by Vershold to provide the NEWSLETTER service are as follows:

• possession of a computer, laptop, smartphone or other device providing connection to the Internet, and in the case of Users of the NEWSLETTER service to the provided mobile number - also a device that allows making and receiving telephone calls, sending and receiving SMS and MMS messages;
• Internet access;
• the device used by the User should be equipped with a keyboard or other pointing device enabling the correct completion of electronic forms;
• Windows / Mac Os X / Android / Linux operating system and its distributions;
• The User must have access to e-mail and have an active e-mail address, and in the case of Users of the NEWSLETTER service to the given mobile number - a valid/active mobile phone number and/or the ability to receive SMS and MMS messages (for this purpose, the User should ensure appropriate services in this respect provided by his telephone operator);
• web browser: Mozilla Firefox version "Extend Support Release" or higher or Internet Explorer version 9 or higher, Opera version 49.0 or higher, Google Chrome version 63.0 or higher, Safari version iOS6.+ or higher;
• recommended minimum screen resolution: 1920 x 1080 pixels;
• enabling Javascript in the web browser;
• the browser used by the User should accept cookies.

2. The User's costs of using electronic means of communication, devices and data transmission services necessary to use the NEWSLETTER service (costs of access to the Internet) are entirely borne by the User according to the tariff applied by the provider of the means, devices or data transmission services.

4. Information about the risks related to the provision of electronic services

1. Vershold hereby informs about the following possible risks related to the use of the NEWSLETTER service provided electronically (however, they are mainly related to the use of the Internet by Users, and not to the NEWSLETTER service itself):
   • computer piracy,
   • receiving unsolicited commercial information by electronic means (spam),
   • malware, in particular a virus, worm, trojan, spyware, wabbit, keylogger, rootkit,
   • breaking software security (cracing), breaking passwords (including phishing),
   • computer eavesdropping (sniffing),
   • data decryption (cryptanalysis),
   • hacker activities,
   • others, detailed knowledge of which can be obtained from commonly available Internet materials.
2. In order to limit the above risks related to the use of the Internet in connection with the NEWSLETTER service, the User should provide his device that connects to the Internet (including a desktop computer, laptop, tablet, smartphone) with an up-to-date antivirus program and a firewall ). The user should equip his e-mail with a program that detects the presence of viruses in e-mail messages and check the imported data before opening (running) it using the file scanning module of the anti-virus program.
3. Vershold is not liable for damages incurred by the User as a result of threats on the Internet, in particular those resulting from the installation of harmful software.

5. Agreement

1. The NEWSLETTER service is provided by Vershold to the User after the conclusion and on the basis of the Agreement.
2. The use of the NEWSLETTER service is possible after the Parties have concluded an Agreement; the Agreement may be concluded as follows:

• When using the Online Store in a manner available on the Online Store portal, the User will provide his User's e-mail address, including in the appropriate field in the Online Store and select the appropriate checkbox in order to receive commercial information to the User's e-mail address and mark the appropriate checkbox with acceptance of the Regulations and confirmation of the conclusion of the Agreement; or
• The User may wish to use the NEWSLETTER service by making a telephone call to the telephone number provided by Vershold in the Online Store and providing the User's current e-mail address during telephone contact with the Service Provider's consultant. Then the User to the User's e-mail address provided by him or to the e-mail address provided as part of the account maintained for the User on the terms of the "Terms and Conditions of the www.vintagecuisine.pl Online Store will receive to the provided e-mail address confirmation of the intention to use the NEWSLETTER service along with the content of these Regulations and an active activation link (or through another technically available solution provided by Vershold) enabling confirmation of reading and acceptance of the Regulations and confirming the conclusion of the Agreement;
• A user who has an account in the Online Store under the terms of the "https://vintagecuisine.pl/en/policies/terms-of-service" may, throughout the period of using the account and at any time by checking the checkbox provided for this purpose, confirm the willingness to use the NEWSLETTER service via the e-mail address provided by the User in the process of setting up the account or via the User's e-mail address provided separately by the User and selects the appropriate checkbox with acceptance of the Regulations and confirmation of the conclusion of the Agreement. A user who has an account in the Online Store may also use the methods of expressing the intention to use the NEWSLETTER service also in the manner indicated in points 1-2 above.
  3. After performing any of the activities indicated in par. 2 above, the User will receive a confirmation of the intention to use the NEWSLETTER service along with the content of these Regulations to the User's e-mail address provided by him or to the e-mail address provided as part of the account.
  4. The conclusion of the Agreement between the Parties takes place when the User performs the activities indicated in paragraph 2 above - after confirming that the User has read and accepted the Regulations and confirms the User's will to conclude the Agreement, at the moment of performing these activities.  
  5.  The User's performance of the activities indicated in par. 2 above also includes the User's consent to receive commercial information from the Service Provider within the meaning of the provisions of July 18, 2002 on the provision of electronic services. The User may refuse such consent, however, it may lead to preventing the use of the NEWSLETTER service. As part of agreeing to receive the NEWSLETTER, the User may also - at his own discretion and taking into account the selection options provided by the Service Provider (including by providing an appropriate checkbox) - express voluntary consent to receive commercial information (within the meaning of the law) from other entities cooperating with the Service Provider.

6. Rights and obligations of Vershold

1. Vershold reserves the right to send to the User's e-mail address technical and system information regarding the functioning of the NEWSLETTER service, which does not constitute commercial information within the meaning of the Act on the provision of electronic services, to which the User agrees by accepting the Regulations in the manner indicated in its content.
2. All materials made available as part of the NEWSLETTER service, as well as information provided through it, are not covered by the Service Provider's warranty as to their usefulness, completeness or usefulness.

7. Using the NEWSLETTER service by the User

1. The User is obliged in particular to:

• use the NEWSLETTER service in accordance with generally applicable laws, the provisions of these Regulations and good practices, social and moral standards, including the principles of social coexistence on the Internet (netiquette);
• providing each time true and current and necessary data (e-mail address) in order to use the NEWSLETTER service;
• in the event of a change of the e-mail address - immediate update thereof via the communication channels made available by Vershold;
• refrain from undertaking IT activities or any other activities aimed at unauthorized access, changes, distortion, deletion of content made available as part of the NEWSLETTER service;
• use any Content made available to him as part of the NEWSLETTER service only for his own personal use; using the Content in a different scope is allowed only on the basis of a clear, prior and written - under pain of nullity - consent granted by Vershold;
• immediately notify the Service Provider of any violation of the rules set out in these Regulations.
  
  2. The User bears - in the event of negative consequences caused by circumstances attributable to the User - the sole responsibility for:

• the manner in which the User uses the NEWSLETTER service and for any resulting consequences, including damages and/or other detriments suffered by other Users, the Service Provider or third parties;
• damages resulting from the User's actions that are inconsistent with applicable law or the provisions of these Regulations;
• for the effects of the User's use of information obtained through the NEWSLETTER service (including the Content) and for their usefulness to the User.

3. The User bears full responsibility for the violation of the law, the provisions of the Regulations, violation of the rights and/or legally protected goods of the Service Provider and third parties, caused by the User providing untrue or non-User data needed to use the NEWSLETTER service.
4. The User undertakes that as part of or in connection with the use of the NEWSLETTER service, he will not modify the Content provided as part of this service in an unauthorized manner.

8. Copyright; content

1. All exclusive rights, including proprietary copyrights to the Content, made available by the Service Provider or the Service Provider's partners via the NEWSLETTER service, are vested in the Service Provider or entities with which the Service Provider has concluded appropriate agreements. This content is protected by law, including copyright. In addition, the layout of the NEWSLETTER (including the composition of graphic elements), all trademarks, logotypes of Vershold and/or Vershold Partners are also subject to legal protection.
2. The User using the NEWSLETTER service is entitled to use the Content referred to in par. 1 free of charge, but only for personal use and only for the proper use of the NEWSLETTER service (or services available through it). The User has no right to any commercial use of the Content. Any transfer and/or making available to third parties, for a fee or free of charge, by the User of the Content made available to him by the Service Provider as part of the NEWSLETTER service for purposes other than the personal use of the User is strictly prohibited.
3. The User may be entitled to use such Content in a different scope than indicated in section 2 above only on the basis of a clear, prior and written consent given by the authorized person, in particular Vershold and/or Vershold's partner, under pain of nullity.
4. The User is not entitled to copy, distribute, reproduce or modify any Content, as well as any parts thereof (including elements) made available to him by Vershold via the NEWSLETTER service.
5. If the User becomes aware of the fact that the NEWSLETTER service contains Content that violates the provisions of these Regulations, the rights of third parties (including copyrights) and the provisions of the law in force in the territory of the Republic of Poland, the User should immediately report such a fact by contacting Vershold to the e-mail address info@vintagecuisine.pl.

9. Privacy policy and personal data protection

1. The User's personal data is processed by the Service Provider as the personal data administrator in order to provide the NEWSLETTER service.
2. All detailed provisions, information and explanations regarding the privacy policy and protection of Users' personal data are included in the document "Privacy Policy" available at https://vintagecuisine.pl/en/policies/privacy-policy

10. Procedure for submitting objections and complaint procedure

1. Vershold does not guarantee uninterrupted and uninterrupted availability of the NEWSLETTER service for all Users. Vershold will make reasonable efforts to ensure the proper and uninterrupted functioning of the NEWSLETTER service. In the event of unavailability of the NEWSLETTER service, Vershold will take deliberate actions to restore the operation of the NEWSLETTER service and possibly other activities in order to limit the consequences for Users as much as possible due to technical problems.
2. Vershold delivers the NEWSLETTER service to the e-mail server appropriate for the User's e-mail address. Some servers may treat the NEWSLETTER as spam and for this reason the NEWSLETTER sent by Vershold may not reach the User. Vershold is not responsible for the above.
3. Users should report any reservations and complaints regarding the functioning of the NEWSLETTER service via e-mail to the following address: info@vintagecuisine.pl or by phone at the telephone number +48 603 258 866, or in writing to the address indicated in § 1 section 1 of the Regulations. The date of receipt of the complaint by Vershold is considered to be the date of submitting the complaint.
4. The complaint should contain the name of the person lodging the complaint (name, surname, address, e-mail address) and a description of the event giving rise to the complaint. If the data or information provided in the complaint need to be supplemented, before considering the complaint, Vershold will ask the User to supplement it in the indicated scope.
5. Vershold will consider the complaint within 14 days from the date of its receipt. The response to the complaint will be sent to the User to the User's e-mail address, the e-mail address provided by the User in the complaint or in another way, if the User, when submitting the complaint, indicated a different method of contact in connection with the complaint procedure.
6. Vershold reserves the right to extend the deadline specified in section 4 above - for no more than another 14 days - in the event that the examination of the complaint requires unusual, special actions and arrangements or encounters obstacles independent and not attributable to the Service Provider (hardware failures, Internet network failures, etc.). Vershold will notify the User about the need to extend the deadline for considering the complaint before the deadline specified in section 5 above, at the same time notifying about the reasons for the delay and setting another date for examination, however, subject to the first sentence of this section.
7. Complaints containing vulgar or offensive content towards the Service Provider will not be considered by Vershold.

11. Out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures

1. Vershold hereby informs that the User who is a consumer may use out-of-court means of dealing with complaints and pursuing claims.
2. Detailed information on the possibility for the User who is a consumer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php , https://www.uokik.gov.pl/rejestr_podmiot_uprawonych.ph p , http:/ /www.uokik.gov.pl/sprawy_indywidualne.php   and http://www.uokik.gov.pl/wazne_adresy.php .

3. A user who is a consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:

• The User is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection, including the Permanent Arbitration Court at the Mazowieckie Voivodship Inspector of the Trade Inspection (ul. H. Sienkiewicza 3, 00-015 Warsaw) with a request to settle the dispute,
• The User is entitled to apply to the voivodship inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to allow the parties to approximate their positions in order to resolve the dispute by the parties or to present the parties with a proposal to resolve the dispute.
• The user can submit a complaint via the ODR online platform:  http://ec.europa.eu/consumers/odr/ . The ODR platform is a source of information on the forms of out-of-court dispute resolution that may arise between entrepreneurs and consumers. Vershold is not currently participating in this voluntary alternative dispute resolution procedure. Therefore, Users may not use the ODR platform for potential disputes with Vershold.

    4. The rules for conducting proceedings for out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this respect are set out in the provisions of the Act of 23 September 2016 on out-of-court resolution of consumer disputes and other separate provisions of generally applicable law (including the provisions governing the functioning of entities competent in in the field of resolving consumer disputes). Detailed information on the possibility for the User who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures may be available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations,https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php . The President of the Office of Competition and Consumer Protection keeps a public register of entities authorized to conduct proceedings for out-of-court resolution of consumer disputes.

    5. The use of extrajudicial means of dealing with complaints and pursuing claims is voluntary for Vershold and the User who is a consumer. This information does not constitute an obligation for Vershol to use out-of-court dispute resolution methods. The Service Provider's declaration of consent or refusal to participate in the out-of-court settlement of consumer disputes is submitted by the Service Provider on paper or another durable medium if, as a result of a complaint submitted by the User who is a consumer, the dispute has not been resolved.

12. Termination of the Agreement

1. The agreement is concluded by Vershold with the User for an indefinite period.
2. User in accordance with art. 7 point 2 of the Act on the provision of electronic services may at any time and without giving any reason, cancel the NEWSLETTER service, in particular by clicking on the deactivation link in each e-mail sent to the User as part of the NEWSLETTER service or by clicking on the appropriate button on the website of the Online Store or by selecting the appropriate checkbox (checkbo") made available to the User as part of the account held by the User in the Online Store (regarding only Users with an account in the Online Store) or by telephone contact with the Customer Service Office or hotline provided by Vershold to the telephone number provided on the Online Store website or by sending a statement of resignation from the NEWSLETTER service to the correspondence address of the Service Provider indicated in the Regulations. The User's resignation from the NEWSLETTER service automatically terminates the provision of the NEWSLETTER service by Vershold in any manner in which the service was provided.
3. A user who is a consumer within the meaning of art. 22 ¹ of the Civil Code may withdraw from the Agreement for the use of the NEWSLETTER service within 14 days from the date of conclusion of the Agreement determined in accordance with § 5 sec. 2 point 5 of the Regulations.
4. Declaration of withdrawal from the Agreement pursuant to sec. 3 above can be submitted on the form, the template of which is attached as Appendix 1 to these Regulations (however, the use of this form is not mandatory, and the fact of not using this form does not affect in any way the effectiveness of submitting a declaration of withdrawal from the Sales Agreement). To meet the deadline to withdraw from the Agreement, it is enough for the User who is a consumer to send it - before the deadline specified in paragraph 3 declarations of withdrawal from the Agreement. A declaration of withdrawal from the Agreement may be submitted by the User who is a consumer in writing to the following address: Vershold Holding Poland, 02-092 Warszawa, ul. Żwirki i Wigury 16A This statement may also be submitted in electronic form via e-mail to the following e-mail address: info@vintagecuisine.pl. Additionally, if Vershold introduces, as part of the development of the functionality of the Online Store or the User's account as part of the Online Store, the possibility of submitting a declaration of withdrawal from the Agreement by checking the appropriate box (applies only to Users who have an account in the Online Store ), the User who is a consumer will be able to submit such a statement in the indicated manner. In the event of withdrawal by the User who is a consumer within the meaning of art. 22 A user who is a consumer will be able to submit such a statement in the indicated manner. In the event of withdrawal by the User who is a consumer within the meaning of art. 22 A user who is a consumer will be able to submit such a statement in the indicated manner. In the event of withdrawal by the User who is a consumer within the meaning of art. 22¹ of the Civil Code from the Agreement, the Agreement is considered not concluded.
5. Vershold may terminate the Agreement at any time with a month's notice for the following important reasons:
   • changes in the law affecting the mutual rights and obligations set out in the Agreement or changes in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of competent offices or bodies in a given scope;
   • changes in the way of providing the NEWSLETTER service caused, for example, by technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
   • changing the scope or manner of providing the NEWSLETTER service by introducing new, modifying or withdrawing by Vershold the existing functionalities or services covered by the Regulations.
6. The Service Provider may terminate the Agreement with a notice period of 7 days or refuse the User further right to use the NEWSLETTER service in the event of a gross violation by the User of the provisions of these Regulations, however, termination of the Agreement or limitation of access to the service may take place after prior requesting the User to restore the compliant state with the Regulations and the ineffective expiry of the period set for this purpose, which is at least 3 days.
7. The notice of termination of the Agreement is submitted by Vershold via the User's e-mail to the User's e-mail address or to another e-mail address provided by the User.
8. Termination of the Agreement by notice in accordance with the preceding provisions is subject to the retention of the rights acquired by the Party before the termination of the Agreement (termination of the Agreement for the future).
9. The Agreement may be terminated with immediate effect also by revoking the User's consent to the wording of the Regulations, withdrawing the User's consent to the processing of personal data necessary for the provision of the NEWSLETTER service by Vershold, as well as requesting the User to remove his data, which was required to provide the NEWSLETTER service.
10. In the event of termination of the Agreement or withdrawal from the Agreement in accordance with the Regulations, the User may be notified in a separate message to the User's e-mail address or other e-mail address provided by him.

13. Amendments to the Regulations

1. Vershold may amend the Regulations (or introduce new Regulations) in particular in the event of the following circumstances:
   • changes in the law affecting the mutual rights and obligations set out in the Agreement or changes in the interpretation of the above legal provisions as a result of court rulings, decisions, recommendations or recommendations of competent offices or bodies in a given scope;
   • changes in the way of providing the NEWSLETTER service caused, for example, by technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
   • changing the scope or manner of providing the NEWSLETTER service by introducing new, modifying or withdrawing by Vershold the existing functionalities or services covered by the Regulations.
2. In the event of making changes to the Regulations, Vershol will inform about changes to the Regulations, including the scope of changes, and will provide a consolidated text of the Regulations including the changes with the date of its entry into force by publication on the Online Store website and by means of a message sent to the User's e-mail address, which the Parties consider to be the introduction of information about the change to the means of electronic communication in such a way that the User can become familiar with its content.
3. The amendment to the Regulations enters into force at least 14 days from the date of providing information about the change in the manner indicated in paragraph 2 above, unless, when informing about the change, Vershold indicates a longer date for the entry into force of the amendments to the Regulations.
4. If the changes or new Regulations are not accepted, the User is entitled to terminate the Agreement with immediate effect and stop using the NEWLETTER service. The notice may be submitted through the communication channels indicated in § 12 sec. 2 and § 12 sec. 4 of these Regulations.

14. Final Provisions

1. The Regulations are valid from April, 25 2023.
2. Consolidation, security, disclosure and confirmation to the User of the relevant provisions of the Agreement takes place by sending the User to the User's e-mail address the content of these Regulations in the manner indicated in § 5 of the Regulations.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the provision of electronic services, the Act on consumer rights and other relevant provisions of generally applicable law.
4. The Agreement is subject to the law in force in the Republic of Poland.
5. Any disputes will be resolved by the courts of general jurisdiction in accordance with the provisions of the Code of Civil Procedure.
6. Recognition of individual provisions of these Regulations in the manner provided for by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the Regulations. In place of the invalid provision, the rule that is closest to the purposes of the invalid provision and the entire Regulations will be applied.