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TERMS AND CONDITIONS FOR THE DELIVERY OF THE NEWSLETTER

§1. General provisions

  1. These terms and conditions (hereinafter: "Terms and Conditions"), define the terms and conditions

    of delivery of the Newsletter of the online store "LOCAL HEROES" operating at the Internet address

    www.localheroesstore.com (hereinafter: "Store").

  2. The Regulations are the rules and regulations referred to in Article 8 of the Act of July 18, 2002, on

    Providing Services by Electronic Means (hereinafter: "Act on Providing Services by Electronic

    Means").

  3. The Shop is owned by FCGROUP limited liability company with its registered office in Warsaw (address: 35 Wróbla St., 02-736 Warsaw), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Economic Department of the National Court Register under KRS: 0000688194, holding NIP: 7010706892, REGON number: 367899648 with share capital of PLN 7.778.000,00 (seven million seven hundred seventy-eight thousand Polish zlotys) (hereinafter: "Supplier").

  4. Contact with the Supplier is possible through:
    1) e-mail - at: [email protected];
    2) traditional mail - at the address: 35 Wróbla St., 02-736 Warsaw
    3) telephone - at 575 005 207.

  5. Before subscribing to the Newsletter, the Subscriber is required to read the Terms and Conditions and Privacy Policy.

  6. In matters not covered by the Terms and Conditions, the provisions of the Store Regulations, available at: https://localheroesstore.com/terms-and-conditions (hereinafter: "Store Regulations").

    §2. Definitions

    Capitalized words used in the Regulations have the following meanings:

1) Supplier - the term defined in § 1.3 of the Regulations;

  1. 2)  Consumer - a natural person making a legal transaction with the Supplier that is not directly related to his economic or professional activity;

  2. 3)  Newsletter - digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information on the current activities of the Supplier (including information on news and promotions available in the Store);

  3. 4)  Non-compliance - means non-compliance of the Newsletter with the Newsletter Delivery Agreement (the criteria for assessing the compliance of the Newsletter with the Newsletter Delivery Agreement are specified in Article 43k, paragraphs 1-2 of the Consumer Rights Act);

  4. 5)  Privacy Policy - a document containing information about the processing of Subscribers' personal data by the Provider;

  5. 6)  Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity, conducting business or professional activity in its own name;

  6. 7)  Entrepreneur on the rights of the Consumer - a natural person conducting a business or professional activity on his own behalf, who has concluded an Agreement with the Supplier directly related to his business activity, but which does not have a professional character for this person, arising in particular from the subject of his business activity;

  7. 8)  Regulations - the term defined in § 1.1 of the Regulations;

  8. 9)  Store Regulations - the term defined in § 1 paragraph 6 of the Regulations;

  9. 10)  Subscriber - a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a

    Consumer, who has concluded a Newsletter Delivery Agreement with the Supplier or has

    taken steps to conclude one;

  10. 11)  Newsletter Delivery Contract - contract for the delivery of the Newsletter within the

    meaning of the Consumer Rights Act, under which the Supplier undertakes to deliver the Newsletter to the Subscriber free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Supplier with personal data;

  11. 12)  Contract for delivery of Digital Goods - a contract for delivery of a Newsletter within the meaning of the Consumer Rights Act, pursuant to which the Supplier undertakes to deliver Digital Goods to the Recipient, and the Recipient undertakes to conclude a Contract for delivery of the Newsletter with the Supplier or to pay the price;

  12. 13)  Law on Consumer Rights - Law of May 30, 2014, on consumer rights;

  13. 14)  Electronic Services Act - the term defined in § 1(2) of the Regulations.

    §3. Technical requirements

  1. In order to receive the Newsletter, it is necessary together: 1) Internet connection;

    2) Having devices that allow the use of Internet resources;
    3) Having devices with a minimum screen resolution of 1024 x 768 pixels;
    4) Use of a web browser that allows hypertext documents to be displayed on the screen of

    the device (Internet Explorer - version 8.0 or later, Mozilla Firefox - version 22 or later, or Google Chrome - version 27 or later), linked on the Internet via a networked web service, and that supports the JavaScript programming language and, in addition, accepts cookies;

    5) having an active e-mail account.

  2. The Store prohibits the use of viruses, bots, worms or other computer codes, files or programs (in

    particular, process automation scripts and applications or other codes, files or tools) by Subscribers.

  3. The Provider informs that it uses cryptographic protection of the electronic transfer and the Newsletter by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing the data, including by SSL encryption, use of passwords for

    access and anti-virus or anti-wanted software programs.

4. The Provider informs that, despite the use of safeguards referred to in section 3 above, the use of the Internet and electronically provided services may be at risk of malicious software entering the Subscriber's information and communication system and device, or of third parties gaining access to the data on the device. In order to minimize the referenced threat, the Provider recommends the use of anti-virus programs or means of protecting identification on the Internet.

§4. General principles

  1. The Subscriber is obliged to use the Newsletter in a manner consistent with the provisions of

    generally applicable law, the provisions of the Regulations, as well as with good morals.

  2. Provision of unlawful content by the Subscriber is prohibited.

    §5.
    Newsletter delivery contract

  1. Contract for delivery of the Newsletter shall be concluded by the Subscriber by checking the

    checkbox next to the statement of consent to receive the Newsletter when concluding the Contract for provision of the Account Service or Sales Contract referred to in the Terms and Conditions of the Store. The Newsletter Delivery Agreement is then concluded at the moment of confirmation by the Subscriber of the Newsletter subscription by clicking on the link in the message sent via email after the Subscriber performs the actions indicated in the preceding sentence.

  2. Notwithstanding paragraph 1 above, the Newsletter Delivery Agreement may also be concluded by the Subscriber providing his/her e-mail address in the form made available on the Store's website.

  3. The contract for delivery of the Newsletter is concluded for an indefinite period of time.

  4. The Supplier informs and the Subscriber acknowledges that:

    1) The newsletter is not subject to updates;
    2) Frequency and dates of delivery of Newsletters are not predetermined and depend on the

    current situation of the Supplier.

  5. Delivery of the Newsletter is made by e-mail, to the e-mail address provided by the Subscriber.

  6. The Subscriber may terminate the Newsletter Delivery Agreement at any time and without giving

    any reason, with immediate effect. In addition, pursuant to Art. 27 et seq. Consumer Rights Act, a Subscriber who is a Consumer or an Entrepreneur on the rights of a Consumer may withdraw from the Newsletter Delivery Agreement without stating a reason, within 14 (fourteen) days from the date of its conclusion.

  7. Withdrawal from or termination of the Newsletter Delivery Agreement, regardless of the basis for such action, requires the Subscriber to submit an appropriate statement to the Supplier. The statement referred to in the preceding sentence may be made by:

    1. 1)  Clicking by the Subscriber on the link allowing to unsubscribe from the Newsletter, which is sent with each Newsletter;

    2. 2)  sending to the Supplier by the Subscriber a statement on withdrawal from the Newsletter Delivery Agreement or its termination by e-mail. The statement referred to in this item 2 may also be submitted on the form attached as Appendix No. 2 to the Consumer Rights Act.

  8. The Supplier shall stop delivery of the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions indicated in paragraph 7 above.

    §6.
    Complaints about the Newsletter

  1. The provisions of this § 6 apply only to Subscribers who are Consumers or Entrepreneurs on the

    rights of Consumers.

  2. The Newsletter delivered to the Subscriber by the Supplier must comply with the Newsletter

    Delivery Agreement at the time of delivery.

  3. The Supplier shall be liable for Non-Compliance existing at the time of delivery of the Newsletter

    and disclosed within 2 (two) years thereafter.

  1. In the event of disclosure of Non-Compliance, the Subscriber may file a complaint requesting that the Newsletter be brought into compliance with the Newsletter Delivery Agreement.

  2. The complaint is submitted by e-mail, to the address specified in § 1.4.1 of the Regulations.

  3. The complaint should include:

    1) Subscriber's name;
    2) email address;
    3) description of the Non-Compliance disclosed;
    4) request to bring the Newsletter into compliance with the Newsletter Delivery Agreement.

  4. The Supplier may refuse to bring the Newsletter into compliance with the Newsletter Delivery Agreement if it is impossible or would require the Supplier to incur excessive costs.

  5. After reviewing the complaint, the Provider provides the Subscriber with a response to the complaint, in which:

    1. 1)  acknowledges the complaint and indicates the planned date for bringing the Newsletter into compliance with the Newsletter Delivery Agreement;

    2. 2)  refuses to bring the Newsletter into compliance with the Newsletter Delivery Agreement for the reasons indicated in paragraph 7 above;

    3. 3)  rejects the complaint on the grounds that it is unfounded.

  6. The Supplier shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.

  7. If the complaint is accepted, the Supplier shall, at its own expense, bring the Newsletter into

    compliance with the Newsletter Delivery Agreement within a reasonable time from receipt of the complaint and without undue inconvenience to the Subscriber, considering the nature of the Newsletter and the purpose for which it is used. The planned date for bringing the Newsletter into conformity with the Newsletter Delivery Agreement shall be indicated by the Supplier in its response to the complaint.

  8. In case of disclosure of Non-Compliance, the Subscriber may submit to the Supplier a statement of withdrawal from the Agreement when:

    1) to bring the Newsletter into compliance with the Newsletter Delivery Agreement is impossible or requires excessive costs;

    1. 2)  The Supplier has failed to bring the Newsletter into compliance with the Newsletter Delivery Agreement in accordance with paragraph 10 above;

    2. 3)  Non-compliance continues even though the Supplier has attempted to bring the Newsletter into compliance with the Newsletter Delivery Agreement;

    3. 4)  The nonconformity is significant enough to justify withdrawal from the Newsletter Delivery Agreement without first requiring the Supplier to bring the Newsletter into conformity with the Newsletter Delivery Agreement;

    4. 5)  it is clear from the Supplier's statement or circumstances that the Supplier will not bring the Newsletter into compliance with the Newsletter Delivery Agreement within a reasonable time or without undue inconvenience to the Subscriber.

  9. A statement of price reduction or withdrawal from the Contract may be submitted by e-mail, to the address specified in § 1.4.1 of the Regulations.

  10. The statement of price reduction or withdrawal from the Agreement should include: 1) Subscriber's name;

    2) email address;
    3) The date of delivery of the Newsletter;
    4) description of the Non-Compliance disclosed;
    5) indication of the reason for the statement, selected from among the reasons indicated in

    paragraph 11 above;
    6) declaration of withdrawal from the Agreement.

  11. The Subscriber may not withdraw from the Newsletter Delivery Agreement if the Non-Compliance is immaterial.

15. If the Subscriber withdraws from the Newsletter Delivery Agreement, the Provider shall stop delivery of the Newsletter immediately upon receipt of the statement of withdrawal from the Newsletter Delivery Agreement.

§7.
Processing of personal data

Information about the Provider's processing of personal data can be found in the Privacy Policy available at: https://localheroesstore.com/privacy-policy.

§8.
Out-of-court dispute resolution

  1. The provisions of this § 8 apply only to Subscribers who are Consumers.

  2. The subscriber has the option of using out-of-court means of handling complaints and claims.

  3. Detailed information on the Subscriber's ability to use out-of-court complaint and redress

    procedures and the rules of access to these procedures are available at the offices and on the websites:

    1) district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;

    1. 2)  Provincial Trade Inspection Inspectorates;

    2. 3)  Office of Competition and Consumer Protection.

  4. The subscriber may also use the online dispute resolution (ODR) platform available at:

    http://ec.europa.eu/consumers/odr/.

    §9.
    Amendment of the Regulations

  1. The Supplier may amend the Regulations in the event of:
    1) changes in the Supplier's business focus;
    2) Provider's commencement of new services, modification of services previously provided, or

    discontinuation of services;
    3) make technical modifications to the Newsletter that require adjustment of the provisions of

    the Terms and Conditions to it;
    4) legal obligation to make changes, including the obligation to adapt the Regulations to the

    current state of the law.

  2. Subscribers will be informed of the change to the Terms and Conditions by publishing the amended

    version on the Store's website at least 7 (seven) days prior to the effective date of the changes. Within the period referred to in the preceding sentence, the amended version of the Terms and Conditions will be sent to Subscribers by e-mail.

  3. A Subscriber who does not agree to the change in the Terms and Conditions may terminate Newsletter Delivery Agreement with immediate effect until the changes in the Terms and Conditions become effective. Failure to give notice of termination shall be deemed to be consent to the amendment of the Terms and Conditions.

  4. Termination of the Newsletter Delivery Agreement shall be affected by submitting to the Supplier by the Subscriber a statement of termination of the Newsletter Delivery Agreement. The statement referred to in the preceding sentence may be sent via email to the address indicated in § 1 section 4 item 1 of the Terms and Conditions.

  5. Immediately upon receipt of the statement referred to in paragraph 4 above, the Supplier shall stop delivery of the Newsletter.

    § 10. Final provisions

    The current version of the Terms and Conditions is effective as of 01.03.2023