TERMS AND CONDITIONS FOR THE NEWSLETTER SERVICE
1. PRELIMINARY PROVISIONS
1.1. These Terms and Conditions define the rules for the free use of the Newsletter service by Users (hereinafter referred to as "Newsletter").
1.2. The owner of the website: https://zabkagroup.com/, entitled to manage its resources and providing services under the terms described in these Terms and Conditions, is Żabka Polska sp. z o.o., with its registered seat in Poznań, ul. Stanisława Matyi 8, 61-586 Poznań, entered in the Register of Business Entities maintained by the District Court for Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register, under KRS No.: 0000636642, NIP: 5223071241, REGON: 36538839800000, having a share capital of PLN 113,215,000.00. (hereinafter referred to as "Żabka Polska").
1.3. These Terms and Conditions are available on the website https://zabkagroup.com/, at the address: https://zabkagroup.com/esg/terms-and-conditions, in a manner that allows obtaining, reproducing, and recording its content by printing or saving it at any time on a durable medium
1.4. Each User is required to read the Terms and Conditions before starting to use the Newsletter and to comply with its provisions, as well as to read the Privacy Policy. Using the Newsletter means that the User has read the provisions of these Terms and Conditions and accepts their content.
1.5. Newsletter is available from 24.10.2024 until further notice.
2. PRELIMINARY PROVISIONS
2.1. Consumer - a natural person performing a legal act with Żabka Polska not directly related to their business or professional activity.
Consumer-Entrepreneur – a natural person using the Newsletter when the use of the Newsletter is not of a professional nature for such a person, especially resulting from the subject of their business activity, made available based on the provisions on the Central Register and Information on Business Activity.
2.2. Privacy Policy – a document available at: https://zabkagroup.com/privacy-policy/, describing the principles of processing Users' personal data in connection with using the Newsletter.
2.3. Terms and Conditions – these Terms and Conditions
2.4. Service – the website operated by Żabka Polska at the address: https://zabkagroup.com/ , through which the User can use the functionalities available on the Service.
2.5. User – any natural person who meets the conditions specified in the Terms and Conditions and uses the Newsletter.
3. GENERAL CONDITIONS FOR USING THE NEWSLETTER
3.1. The Newsletter service involves delivering the ordered information regarding Żabka Polska's activities in the field of sustainable development, including organized webinars and workshop meetings, to the User's email address indicated in the registration form.
3.2. The Terms and Conditions specify, in particular, the type and scope of services provided electronically, as well as the conditions for concluding and terminating contracts for the provision of electronic services and the rules for Users' use of the Newsletter, the rules for using its additional functionalities, and the complaint and dispute resolution procedure..
3.3. Żabka Polska provides the Newsletter service to Users via the Service. ("Service").
3.4. Using the Newsletter is possible provided that the User's mobile device or computer is connected to the Internet and the User has an active email address and a mobile device or computer equipped with an ICT system meeting the following minimum technical requirements:
3.4.1. a properly configured browser according to Microsoft Edge standards version no lower than 118.0, Firefox version no lower than 119.0, Chrome version no lower than 118.0, Opera version no lower than 104.0, or Mac OS X Safari version no lower than 15.6;
3.4.2. the User's mobile device should have at least iOS 12 or Android 12 operating system installed;
3.4.2. the recommended screen resolution for displaying the Service is 1440x900 pixels.
3.5. The agreement for the provision of the Newsletter service is concluded under the conditions specified in the Terms and Conditions, for an indefinite period upon subscribing to the Newsletter, following the principles described below.
3.6. To use the Newsletter service, the User should go to the "Fair Business" section in the "ESG" tab and fill in their identification data, such as name and email address. After completing the form and accepting the Terms and Conditions, to subscribe to the Newsletter, the User must press the "Subscribe" button or a similar one.
3.7. After submitting the application, the User will receive an email with a verification link to the email address provided in the registration form. This message contains a link by which the User should confirm (verify) the email address provided during registration. At this point, the registration is completed, and an agreement for the provision of the Newsletter service is concluded between the person who registered and Żabka Polska. Email address confirmation is necessary to use the Newsletter.
3.8. As part of the Newsletter service, Żabka Polska undertakes to:
a. provide the possibility to update the data provided in the registration form.
b. send the subscribed User the Newsletter to the email address provided in the form with the ordered information regarding Żabka Polska's activities in the field of sustainable development, including organized webinars and workshop meetings;
3.9. No fees are charged or collected for using the Newsletter.
3.10. The costs of data transmission required to use the Newsletter are covered by the User based on agreements concluded with telecommunications operators. Żabka Polska is not responsible for the amount of fees charged for using the data transmission necessary to use the Newsletter.
3.11. The User is obliged to use the Newsletter in accordance with the law and good customs, considering personal rights and intellectual property rights, especially copyright, belonging to Żabka Polska or third parties.
3.12. The User is entitled to use the Newsletter solely for personal use. This means, in particular, that in relation to data and any other materials sent within the Newsletter, both those protected by copyright and those not protected, it is not permissible to use these materials for conducting commercial activities by the User.
3.13. The User is obliged not to take any actions that would affect the proper functioning of the Newsletter. In particular, any interference with the content posted on the Newsletter pages is prohibited.
3.14. It is forbidden to provide unlawful content using the Newsletter. In the registration form, the User is obliged to provide true and correct data, especially necessary for the provision of the Service.
4. NEWSLETTER UPDATES AND CHANGES
4.1. Żabka Polska informs Users about updates, including security updates, necessary to maintain compliance with the service agreement throughout its delivery period. During the term of the service agreement, if Żabka Polska carries out updates requiring action on the part of the User, Żabka Polska will inform about the update and any consequences of its absence via a message sent to the email address provided in the registration.
4.2. Żabka Polska reserves the right to modify the way the Newsletter service is provided for important reasons, in accordance with the scope and conditions resulting from the possessed rights, and appropriately to the possessed technical capabilities, without deteriorating its quality and without affecting the scope of Users' rights and obligations. An important reason for changing the way the Service is provided is:
4.2.1. change, expansion, or improvement of the Newsletter's functionality,
4.2.2. adapting the Newsletter's functionality to changes in Żabka Polska's technical environment (i.e., equipment, applications, or software used by Żabka Polska).
5. TERMINATION OF THE NEWSLETTER SERVICE AGREEMENT
5.1. The User may terminate any agreement for the use of the Newsletter at any time, without giving reasons and with immediate effect. The agreement can be terminated, e.g., by clicking the appropriate button included in the Newsletter content or by contacting Żabka Polska at the email address: czystybiznes@zabkagroup.com.
6. NEWSLETTER UPDATES AND CHANGES
6.1. In case of reservations regarding the operation of the Newsletter and its functionalities, including the provision of the Service, the User may file a complaint, in particular by sending an email to: czystybiznes@zabkagroup.com.
6.2. A correct complaint should contain at least the following information:
6.2.1. data allowing the identification of the complainant (data including name, surname, and email address),
6.2.2. the reason for the complaint and the date of the occurrence of the circumstances being the subject of the complaint,
6.2.3. the content of the demand.
6.3. Complaints are processed promptly, within no more than 14 calendar days from the date of filing the complaint. The complainant receives a response in the form of an email sent to the email address from which the complaint was sent.
6.4. Żabka Polska is obliged to provide the Newsletter service in accordance with the agreement and is responsible for the compliance of this service with the agreement.
6.5. Żabka Polska is responsible for the lack of compliance of the Service with the agreement, which occurred or was revealed during the period in which the Service was to be provided according to the agreement. It is presumed that the lack of compliance of the Service with the agreement occurred during this period if it was revealed during this period.
6.6. The presumptions specified in point 6.5 do not apply if:
6.6.1. the User's digital environment is not compatible with the technical requirements, which Żabka Polska informed about clearly and understandably before concluding the Newsletter service agreement;
6.6.2. the User, informed clearly and understandably before concluding the agreement about the obligation to cooperate with Żabka Polska, to a reasonable extent and using the least burdensome technical means, to determine whether the lack of compliance of the Service with the agreement results from the features of the User's digital environment, does not fulfill this obligation.
6.7. In the case of a complaint regarding the Service, containing a request to bring this Service into compliance with the agreement, Żabka Polska may refuse to consider it if:
6.7.1. bringing it into compliance with the agreement is not possible for Żabka Polska and Żabka Polska has informed about this circumstance in response to the complaint, or
6.7.2. bringing it into compliance with the agreement as requested would incur excessive costs for Żabka Polska and Żabka Polska has informed about this circumstance in response to the complaint.
6.8. In the following cases, the User submitting the complaint has the right to withdraw from the Service Agreement:
6.8.1. Żabka Żabka Polska, in accordance with point 6.7 above, has informed that bringing the Service into compliance with the agreement is impossible or would incur excessive costs for Żabka Polska,
6.8.2. Żabka Polska acknowledged the complaint but did not bring the Service into compliance with the agreement within the specified time,
6.8.3. Żabka Polska attempted to bring the service into compliance with the agreement and despite this, did not provide the Service or did not remove the irregularities preventing or limiting the use of the Service (i.e., the Service still remains non-compliant with the agreement),
6.8.4. the non-compliance with the agreement is so significant that it justifies withdrawal from the agreement without prior submission of a complaint to Żabka Polska under the rules described in these Terms and Conditions,
6.8.5. Żabka Polska has informed that it will not bring the Service into compliance with the agreement within the specified timeframes or without excessive inconvenience to the User.
6.9. In the cases mentioned in point 6.8 above, it is sufficient to send a statement of withdrawal from the agreement to Żabka Polska.
6.10. Żabka Polska does not provide an additional warranty for the Service provided under the agreement.
7. PROCESSING OF PERSONAL DATA
7.1. The administrator of Users' personal data is Żabka Polska sp. z o.o. with its registered office in Poznań, ul. Stanisława Matyi 8, 61-586 Poznań.
7.2. The administrator has appointed a Data Protection Officer who can be contacted via email: iod@zabka.pl or by postal address: Żabka Polska sp. z o.o., ul. Stanisława Matyi 8, 61-586 Poznań (with the note "IOD" or "personal data") in any matter regarding the processing of personal data.
7.3. Users' personal data using the Service are processed by Żabka Polska under the principles described in the Privacy Policy, available at https://zabkagroup.com/privacy-policy/.
8. CHANGES TO THE TERMS AND CONDITIONS
8.1. Żabka Polska is entitled to unilaterally change these Terms and Conditions in the scope that has not been individually agreed with the User for justified reasons. A justified reason is considered to be, in particular, the occurrence of one of the following circumstances:
8.1.1. a change in generally applicable law in the territory of the Republic of Poland to the extent that such a change in law modifies the content of the Terms and Conditions or imposes an obligation on Żabka Polska to modify its content;
8.1.2. issuance by public administration authorities, in particular, the President of the Office of Competition and Consumer Protection, of decisions, recommendations, guidelines, commitments, or acts of a similar nature to the extent that these administrative acts modify the content of the Terms and Conditions or impose an obligation on Żabka Polska to modify this content;
8.1.3. introduction by Żabka Polska of new functionalities of the Newsletter or modification of their existing scope – in this case, a change in the content of the Terms and Conditions is permissible to the extent concerning such new functionalities;
8.1.4. introduction by Żabka Polska of new or modification of existing IT systems – in this case, a change in the content of the Terms and Conditions is permissible to the extent that is objectively necessary and directly related to the introduction or modification of these IT systems;
8.1.5. issuance of a ruling by a common court or administrative authority, from which it follows that contractual provisions similar to those used by Żabka Polska in the Terms and Conditions may be contrary to the law, in particular, consumer protection law – in this case, a change in the content of the concluded agreement will be permissible, provided that after a comprehensive consideration of the circumstances of the case, it can be objectively considered that the proposed change is beneficial from the perspective of an average User;
8.1.6. the Terms and Conditions require supplementation, clarification, or modification due to generally applicable law in the territory of the Republic of Poland or for greater transparency of its provisions for Users – in this case, a change in the content of the Terms and Conditions is permissible to the extent that allows for the adaptation of the Terms and Conditions to the law or obtaining greater transparency of its provisions.
8.2. Żabka Polska will inform the User about the change in the Terms and Conditions through a message sent to the address provided in the registration form, informing at least:
8.2.1. the content of the planned change to the Terms and Conditions;
8.2.2. the date of entry into force of the planned change to the Terms and Conditions;
8.2.3. the unified content of the Terms and Conditions after the changes.
8.3. The change in the Terms and Conditions does not apply to service agreements concluded before the effective date of the change in the Terms and Conditions. In the case of such agreements, the provisions of the Terms and Conditions in force on the day the User expressed the will to conclude such a service agreement apply
9. WITHDRAWAL FROM THE AGREEMENT
9.1. Regardless of the right referred to in points 5 and 6.8 of the Terms and Conditions, a User who is a Consumer or a Consumer-Entrepreneur who has concluded an agreement with Żabka Polska for the provision of the Newsletter service may withdraw from it within 14 days without giving reasons and without incurring costs. The period for withdrawal from the service agreement begins on the day of concluding this agreement.
9.2. A User who is a Consumer or a Consumer-Entrepreneur may withdraw from the given agreement by submitting a statement of withdrawal from this agreement to Żabka Polska. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the agreement can be submitted on the form, the template of which is Appendix No. 1 to the Terms and Conditions, by sending an email to: czystybiznes@zabkagroup.com or in writing to the address of Żabka Polska.
9.3. Żabka Polska immediately sends the User a confirmation of receipt of the statement of withdrawal from the given agreement in an email message indicated in the statement of withdrawal from the agreement.
10. DISPUTE RESOLUTION
10.1. Żabka Polska informs that unless such an obligation arises from mandatory provisions of law, Żabka Polska does not use out-of-court methods of pursuing claims (out-of-court dispute resolution).
10.2. In the case of a dispute with Żabka Polska, the User may seek help and advice from the municipal or district consumer ombudsman or consumer organizations such as the Consumer Federation, the Polish Consumer Association, and the European Consumer Centre. More information can be found on the websites of these entities., Żabka Polska nie korzysta z pozasądowych sposobów dochodzenia roszczeń (pozasądowego rozwiązywania sporów).
11. TERMINATION OF THE NEWSLETTER SERVICE
11.1. Żabka Polska may terminate the Service at any time for an important reason, which is:
11.1.1. a change in generally applicable law directly affecting the functioning of the Newsletter and resulting in the necessity of its closure;
11.1.2. economic unprofitability of the Newsletter's functioning;
11.1.3. issuance of a ruling or decision by a court or competent public authority concerning the Newsletter and resulting in the necessity of its closure;
11.1.4. introduction of other forms of informational-educational and promotional-marketing activities concerning Żabka Polska in place of the Newsletter.
11.2. The Organizer will notify Users about the termination of the Service via a message sent to the email address provided in the registration form, indicating the date of termination of the Newsletter's functioning, which cannot be earlier than 30 (thirty) days from the date of sending the notification about the termination of the Service.
12. FINAL PROVISIONS
12.1. The Terms and Conditions come into force on 24.10.2024.
12.2. Contact with Żabka Polska is possible via:
12.2.1. email address: kontakt@zabka.pl;
12.2.2. traditional correspondence addressed to the registered office of Żabka Polska (ul. S. Matyi 8, 61-586 Poznań).
12.3. In matters not regulated in the Terms and Conditions, the relevant provisions of law will apply. To avoid doubts, it is assumed that none of the provisions of the Terms and Conditions limit the rights of the User, which they are entitled to under the provisions of law in force in the territory of the Republic of Poland. In the event of finding a provision of such nature, the provisions of the applicable law will apply.
12.4. Disputes arising from the Terms and Conditions that could not be resolved amicably between the Users and Żabka Polska will be settled by the competent common court.
APPENDIX NO. 1 TO THE TERMS AND CONDITIONS
TEMPLATE OF THE WITHDRAWAL FORM
(This form should be completed and returned only if you wish to withdraw from the agreement)
– Sender [here, the User's identification data should be entered, i.e., name, surname, contact details (email address / address)].
– I, the undersigned, hereby inform about my withdrawal from the agreement for the provision of access to the Newsletter concluded electronically on the day ……………………………………
– Name and surname of the person withdrawing from the agreement.
– Signature of the person withdrawing from the agreement (only if the form is sent in paper version).
– Place and date.