This is an English translation provided for convenience. The Agreement is concluded in Polish and the Polish version of these Terms is binding.

Newsletter Terms

of the Wispy Kiki store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of withdrawal from the Agreement
§ 7 Personal data
§ 8 Changes to the Terms or the Newsletter
§ 9 Final provisions

§ 1 DEFINITIONS

§ 2 CONTACTING THE SERVICE PROVIDER

1. Postal address: ul. Polki 1A/10, 02-826 Warszawa, Poland
2. Email address: service@wispykiki.com
3. Phone: 502644319
4. The cost of a phone call or data transmission made by the Service Recipient depends on the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out 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 tariff of the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. To use the digital content covered by the Terms, you need:
   • an active email account;
   • a device with internet access;
   • a web browser supporting JavaScript and cookies.

§ 4 AGREEMENT

1. The Service Recipient may subscribe to the Newsletter voluntarily.
2. To receive the Newsletter, it is necessary to conclude the Agreement.
3. Emails sent under the Agreement will be sent to the email address provided by the Service Recipient when concluding the Agreement.
4. To conclude the Agreement, the Service Recipient first enters, in the place designated for this purpose in the Store, the email address at which they wish to receive messages sent under the Agreement. Upon subscribing to the Newsletter, the Agreement is concluded for an indefinite period and the Service Provider will begin providing it to the Service Recipient - subject to section 5.
5. For the Agreement to be performed properly, the Service Recipient must provide a correct email address.
6. The Newsletter is delivered without undue delay after the Service Provider creates messages intended for Service Recipients.
7. Messages sent as part of the Newsletter will contain information on how to unsubscribe, as well as an unsubscribe link.
8. The Service Recipient may unsubscribe from the Newsletter at any time, without giving reasons and without incurring any costs, using the option referred to in the previous provision or by sending a message to the Service Provider's email address given in § 2 of the Terms.
9. Using the unsubscribe link or sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider asks that complaints concerning the digital content covered by the Terms be submitted to the postal or email address given in § 2 of the Terms.
2. The Service Provider will respond to a complaint within 14 days of receiving it.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service Recipient for the conformity of performance with the Agreement, as provided for by generally applicable law, in particular the Consumer Rights Act.
4. If the Service Provider does not perform the Agreement properly, the Privileged Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has not supplied the digital content covered by the Agreement, the Privileged Service Recipient may call on it to supply it. If the Service Provider still fails to supply the digital content covered by the Agreement without undue delay or within an additional period expressly agreed by the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
6. The Privileged Service Recipient may withdraw from the Agreement without calling for the digital content covered by the Agreement to be supplied if:
   • it is clear from the Service Provider's statement or the circumstances that it will not supply 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 supplying the digital content covered by the Agreement was essential for the Privileged Service Recipient, and the Service Provider did not supply it by that deadline.
7. The Service Provider is liable for any lack of conformity of the Newsletter with the Agreement which - given that the Newsletter is supplied continuously - occurred or became apparent during the period in which it was to be supplied under the Agreement.
8. If the digital content covered by the Terms does not conform with the Agreement, the Privileged Service Recipient may demand that it be brought into conformity with the Agreement.
9. In the event of a lack of conformity of the digital content covered by the Terms with the Agreement, the Privileged Service Recipient is 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 lack of conformity at the relevant time results from the characteristics of the Privileged Service Recipient's digital environment.
10. In addition, if the digital content covered by the Terms does not conform with the Agreement, the Privileged Service Recipient may submit a statement of withdrawal from the Agreement where:
    • bringing the digital content into conformity with the Agreement is impossible or would involve excessive costs within the meaning of Art. 43m(2) and (3) of the Consumer Rights Act;
    • the Service Provider has not brought the digital content covered by the Terms into conformity with the Agreement within a reasonable time from being informed by the Privileged Service Recipient of the lack of conformity, and without undue inconvenience to the Privileged Service Recipient, taking into account its nature and the purpose for which it is used;
    • the lack of conformity of the digital content covered by the Terms with the Agreement persists even though the Service Provider has tried to bring it into conformity with the Agreement;
    • the lack of conformity of the digital content covered by the Terms with the Agreement is so significant that it justifies withdrawal from the Agreement without first using the remedy set out in Art. 43m of the Consumer Rights Act (i.e. demanding that the digital content be brought into conformity with the Agreement);
    • it is clear from the Service Provider's statement or the circumstances that it will not bring the digital content covered by the Terms into conformity with the Agreement within a reasonable time or without undue inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

11. The Service Provider informs the Consumer of the possibility of using out-of-court complaint and redress procedures. The rules for accessing these procedures are available at the offices or on the websites of the bodies authorised to resolve disputes out of court.
    
    The Consumer may, among other things, seek help from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes concerning cross-border purchases. Help from the European Consumer Centres is generally free of charge. The list of Consumer Centres for each country is available at: https://konsument.gov.pl/eck-w-europie/
    
    In addition, in the Republic of Poland the following forms of support are available:
    • mediation conducted by the competent Provincial Trade Inspectorate (Wojewódzki Inspektorat Inspekcji Handlowej), to which a request for mediation should be submitted. The procedure is generally free of charge. The list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance of the competent permanent consumer arbitration court operating at the Provincial Trade Inspectorate, to which a request for the case to be heard by the arbitration court should be submitted. The procedure is generally free of charge. The list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The above provision is for information purposes only and does not oblige the Service Provider to use out-of-court dispute resolution procedures.
13. Using out-of-court complaint and redress procedures is voluntary for both the Service Provider and the Consumer.
14. The Consumer may also seek free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The Privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
2. The withdrawal period expires 14 days after the day on which the Agreement was concluded.
3. To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider, using the details given in § 2 of the Terms, of their decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by post or email).
4. The Privileged Service Recipient may use the model withdrawal form included at the end of the Terms, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

1. The controller of the personal data provided by the Service Recipient 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 legal bases of processing and data recipients - can be found in the privacy policy available in the Store, in line with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) - “GDPR”.
2. The purposes of processing the Service Recipient's data are:
   • performance of the Agreement; the legal basis for processing personal data in this case is the Agreement or steps taken at the Service Recipient's request prior to entering into it (Art. 6(1)(b) GDPR);
   • analysing the effectiveness of messages sent under the Agreement in order to establish general rules for effective mailings in the Service Provider's business; the legal basis for processing personal data for this purpose is the Service Provider's legitimate interest (Art. 6(1)(f) GDPR);
   • establishing, pursuing or defending possible claims relating to the Agreement; the legal basis for processing personal data for this purpose is the Service Provider's legitimate interest (Art. 6(1)(f) GDPR).
3. Providing data is voluntary but necessary to conclude the Agreement and to supply the digital content covered by it. Failure to provide data means that the Agreement cannot be concluded and the Service Provider will not supply the digital content covered by it.
4. The Service Recipient's data will be processed until:
   1. the Agreement ceases to be in force;
   2. the possibility of pursuing claims by the Service Recipient or the Service Provider in connection with the Agreement expires;
   3. the Service Recipient's objection to the processing of their personal data is accepted - where the processing was based on the Service Provider's legitimate interest
   - whichever applies in the given case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification of their data,
   3. erasure of their data,
   4. restriction of processing,
   5. transfer of their data to another controller
      as well as the right to:
   6. object at any time, on grounds relating to the Service Recipient's particular situation, to the processing of their personal data based on Art. 6(1)(f) GDPR (i.e. on the Service Provider's legitimate interests).
6. To exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient believes that their data is processed unlawfully, the Service Recipient may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office (Prezes UODO).

§ 8 CHANGES TO THE TERMS OR THE NEWSLETTER

1. The Service Provider reserves the right to change the Terms only for important reasons. An important reason means a need to change the Terms due to:
   1. a change in the functionality of the Newsletter requiring an amendment to the Terms, or
   2. a change in the law affecting the performance of the Agreement by the Service Provider, or the adaptation of the services to recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations or determinations of the competent public authorities, or
   3. a change in the Service Provider's contact or identification details.
2. Information about a planned change to the Terms will be sent to the Service Recipient's email address provided when concluding the Agreement at least 7 days before the changes take effect.
3. If the Service Recipient does not object to the planned changes before they take effect, they are deemed to have accepted them, which does not prevent them from terminating the Agreement in the future.
4. If the Service Recipient does not accept the planned changes, they should send information to this effect to the Service Provider's email address given in § 2 of the Terms, which will result in the termination of the Agreement when the planned changes take effect.
5. The Service Provider may make a change to the Newsletter that is not necessary to keep it in conformity with the Agreement, for the reason specified in section 1(b) or due to a change in the functionality of the Newsletter. Such a change will not involve any costs for the Privileged Service Recipient. Sections 2-4 apply accordingly.
6. If the change referred to in the previous provision has a significant negative impact on the Privileged Service Recipient's access to or use of the Newsletter, the Service Provider will send to the Privileged Service Recipient's email address, reasonably in advance and on a durable medium, information about the characteristics and timing of the change and the rights of the Privileged Service Recipient in connection with it.

§ 9 FINAL PROVISIONS

1. The Service Recipient is prohibited from providing unlawful content.
2. The Agreement is concluded in Polish.
3. The Agreement concluded under these Terms is governed by Polish law, subject to section 4.
4. The choice of Polish law for the Agreement concluded with a Consumer under the Terms does not exclude or limit the Consumer's rights under the mandatory provisions of law that would apply to that Consumer in the absence of a choice of law. In particular, this means that if the national provisions applicable to a given Consumer provide broader protection than these Terms or Polish law, that broader protection applies.
5. In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient relating to the Agreement, the court competent for the Service Provider's registered office will have jurisdiction.
6. Any liability of the Service Provider in connection with the Agreement towards a Service Recipient who is not a Privileged Service Recipient is excluded to the extent permitted by law.