WoolSoCool Terms and Conditions

1. DEFINITIONS

1.1. CC - Act of 23 April 1964 Civil Code (Journal of Laws 2023.1610 consolidated text).

1.2. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Dz.U.2023.2759 consolidated text).

1.3. Digital Content or Marketing Content - digital content within the meaning of the Consumer Rights Act, including commercial information relating to WoolSoCool's current activities (including information on news and promotions available on the Website).

1.4. Digital Service - a service that allows the User to access data in digital form (Digital Content) that has been delivered by the Service Provider to the email address indicated by the User.

1.5. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

1.6. Marketing Content Delivery Agreement or Agreement - an agreement for the delivery of Digital Content, pursuant to which the Service Provider undertakes to deliver Marketing Content to the User free of charge for an indefinite period of time, to the e-mail address indicated by the User.

1.7. User - a person who is a consumer and who has entered into an Agreement with the Service Provider for the provision of Marketing Content or has taken steps to enter into such an Agreement.

1.8. Personal Data or Data - any information about a natural person identified or identifiable by one or more factors specific to physical, physiological, genetic, mental, economic, cultural or social identity, including device IP, location data, internet identifier, information collected through cookies and other similar technology.

1.9. Privacy Policy - the privacy policy of the Website, located at: www.woolsocool.com/en/privacy-policy/.

1.10. Service or Website - the website including the collection of all data, information, content and functionalities available through it, located at: www.woolsocool.com/en/home.

1.11. Terms and Conditions - these WoolSoCool Terms and Conditions for the delivery of Marketing Content, located at: www.woolsocool.com/en/terms-and-conditions/-newslettera.

1.12. Terms of Service - the terms and conditions of the WoolSoCool Service, located at: www.woolsocool.com/en/terms-and-conditions/.

1.13. WoolSoCool or Service Provider - Mateusz Wójtowicz running a sole proprietorship under the business name "Mateusz Wójtowicz Gmoods", 03-528 Warsaw, Poland, Smoleńska St. 82/45, Tax Identification Number (NIP): 8732870319, National Business Registry Number (REGON): 121147749.

2. GENERAL PROVISIONS

2.1. These Terms and Conditions are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means and set out the terms and conditions for the provision of services by electronic means through the Website by means of the provision of Marketing Content by the Service Provider to the User free of charge for an indefinite period of time at the e-mail address indicated by the User.

2.2. The information provided on the Website on the provision of Digital Content does not constitute an offer within the meaning of the Civil Code, but is merely an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

2.3. The operator of the Service is WoolSoCool.

2.4. Contact with WoolSoCool is possible via e-mail: contact@woolsocool.com.

2.5. WoolSoCool's postal address is Borucza 43, 05-282 Borucza, Poland.

2.6. These Terms and Conditions are made available free of charge on the Website, which can be found at: www.woolsocool.com/en/terms-and-conditions-newsletter/ in a form that can be recorded, stored and reproduced free of charge by the User using the WoolSoCool Website.

2.7. The service provider within the meaning of the Act of 18 July 2002 on the provision of electronic services is Mateusz Wójtowicz running his business under the name "Mateusz Wójtowicz Gmoods", 03-528 Warsaw, Poland, Smoleńska St. 82/45, Tax Identification Number (NIP): 8732870319, National Business Registry Number (REGON): 121147749.

2.8. In the course of its activities, the Service Provider provides Marketing Content to Users.

2.9. Use of the Digital Service by the User implies acceptance of these Terms and Conditions.

2.10. The use of the Website by the User is possible on condition that the ICT system used by the User meets the minimum technical requirements, i.e. the use of a device with Internet access and equipped with an Internet browser.

2.11. WoolSoCool shall not be liable for malfunctions or unavailability of the Digital Service due to the causes indicated in paragraph 2.10. and caused by other causes beyond the control of WoolSoCool.

3. USE OF THE SERVICE

3.1. The User is obliged to use the Digital Service in accordance with the law and good morals, taking into account personal rights and intellectual property rights, in particular copyright, vested in WoolSoCool or third parties.

3.2. The User is obliged not to take any action that could affect the correct functioning of the Digital Service. In particular, it is prohibited to interfere in any way with the Digital Content transmitted as part of the Digital Service or to copy or further distribute the Digital Content.

3.3. You may not, as part of your use of the Digital Service, provide false, inaccurate or outdated information or Personal Data.

3.4. It is prohibited to disseminate false or unlawful information about the Digital Content.

3.5. It is forbidden to infringe in any way the personal rights of WoolSoCool, its employees, its affiliated persons or third parties.

3.6. No fees are charged or collected from Users for using the Digital Service.

3.7. The Service Provider shall take all due care to ensure that the Digital Content provided to the User is of the highest quality. At the same time, the Service Provider is not obliged to update the Digital Content once it has been delivered to the User, and unintentional inaccuracies may accidentally occur within the Digital Content.

3.8. The User's failure to use the Digital Content provided, despite having been provided with such an opportunity in accordance with the Terms and Conditions, shall not entitle the User to claim a refund of the price of the Digital Content from the Service Provider (in the case where the Digital Content was provided in exchange for payment of the price).

4. CONTRACT FOR THE SUPPLY OF MARKETING CONTENT

4.1. The User enters into a Contract for the provision of Marketing Content, under which the User is obliged to make a payment with data.

4.2. In order to conclude an Agreement for the provision of Marketing Content, the User shall perform the following steps:

4.2.1. read the Terms and Conditions and Privacy Policy;

4.2.2. enter the required data in the form on the Website;

4.2.3. accept the provisions of these Terms and Conditions;

4.2.4. confirm the conclusion of the Agreement by clicking on the identity confirmation link in the email sent to the address provided.

4.3. The performance of the above steps together and in the above sequence shall be equivalent to the User entering into an Agreement for the provision of Marketing Content.

4.4. Upon effective subscription, an Agreement for the provision of Marketing Content in exchange for payment of data is concluded.

4.5. The contract for the provision of Marketing Content is concluded for an indefinite period.

4.6. Delivery of the Marketing Content shall be made by e-mail, to the address provided by the User.

4.7. Withdrawal from the Marketing Content Agreement requires the User to submit a declaration of withdrawal from the Marketing Content Agreement to the Service Provider. The declaration referred to in the preceding sentence should be sent to the e-mail address: contact@woolsocool.com.

4.8. The User may withdraw from the Marketing Content Agreement without stating any reason within 14 days of its conclusion.

4.9. The User may, at any time and without giving reasons, terminate the Marketing Content Agreement with immediate effect.

4.10. Termination of the Marketing Content Delivery Agreement requires the User to click on the link to opt-out of receiving Marketing Content, which is sent with each Marketing Content.

4.11. The declaration referred to in this paragraph 4. may also be made on the form attached as Annex 1 to the Terms and Conditions.

4.12. The Service Provider shall stop the provision of Marketing Content to the User immediately after the User has performed one of the actions indicated in paragraph 5 or 6 above. The Service Provider reserves, for technical reasons, a period of 10 working days for the handling of the transmitted.

4.13. The frequency of delivery of Marketing Content is not fixed and is not predetermined and depends on the Service Provider's current situation.

5. COMPLAINTS

5.1. The Digital Content provided to the User by the Service Provider must comply with the Contract at the time the Digital Content is provided.

5.2. The Service Provider shall be liable for the non-conformity of the Digital Content with the contract existing at the time of delivery of the Digital Content and disclosed within 2 (two) years from that time.

5.3. If non-conformity is discovered, the User may file a complaint requesting that the Digital Content be brought into conformity with the Agreement.

5.4. The complaint shall be submitted through the channels indicated in paragraphs 2.4. and 2.5. of the Terms and Conditions.

5.5. The complaint should contain the User's name, email address, a description of the non-conformity and a request to bring the Digital Content into conformity with the Agreement.

5.6. The Service Provider may refuse to bring the Digital Content into conformity with the Contract if this is impossible or would require the Service Provider to incur excessive costs.

5.7. After considering the complaint, the Service Provider shall provide the User with a response to the complaint in which:

5.7.1. acknowledges the complaint and indicates the deadline for bringing the Digital Content into conformity with the contract;

5.7.2. refuses to bring the Digital Content into conformity with the contract for the reasons set out in paragraph 5.6 above;

5.7.3. shall reject the complaint as unfounded.

5.8. The Service Provider shall respond to the complaint by email or letter (depending on the method of complaint) within 14 (fourteen) days of receipt.

5.9. If the complaint is accepted, the Service Provider shall, at its own expense, bring the Digital Content into conformity with the Contract within a reasonable time from the receipt of the complaint and without undue inconvenience to the User. The planned date for bringing the Digital Content into conformity with the Agreement shall be indicated by the Service Provider in its response to the complaint.

5.10. In the event of a disclosure of non-conformity, subject to paragraph 5.14 below, the User may submit a declaration of withdrawal to the Service Provider when:

5.10.1. it is impossible or prohibitively expensive to bring the Digital Content into conformity with the Contract;

5.10.2. the incompatibility of Digital Content continues;

5.10.3. the non-conformity is so significant as to justify the withdrawal from the contract for the provision of Digital Content without first requiring the Service Provider to bring the Digital Content into conformity with the contract.

5.11. The declaration of withdrawal from the Contract may be made through the channels indicated in paragraphs 2.4. and 2.5. of the Terms and Conditions.

5.12. The declaration of withdrawal should include:

5.12.1. User's name;

5.12.2. e-mail address;

5.12.3. the date of delivery of the Digital Content;

5.12.4. description of the non-compliance found;

5.12.5. an indication of the reason for the declaration, chosen from among those indicated in paragraph 5.11 above;

5.12.6. declaration of withdrawal.

5.13. The user may not withdraw from the Contract if the non-conformity is immaterial.

5.14. In the event that the User withdraws from the Agreement, the Service Provider shall suspend the provision of the Marketing Content immediately upon receipt of the withdrawal declaration for the provision of the Marketing Content, subject to a period of 10 working days for technical reasons to handle the transmitted declaration.

5.15. Pursuant to Article 34(1a) of the Consumer Rights Act, in the event that the User withdraws from the Agreement, the User is obliged to stop using this Digital Content and not to make it available to third parties.

6. OUT-OF-COURT DISPUTE RESOLUTION

6.1. The user has the option of using out-of-court complaint and redress procedures.

6.2. Detailed information on the User's possibilities of using out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available in the offices and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Commercial Inspection Inspectorates, the Office of Competition and Consumer Protection.

6.3. In the event of a consumer dispute arising from electronic services or a distance transaction, the customer can use the 'Online Dispute Resolution' (ODR) platform available in the European Union. This tool allows the dispute to be resolved amicably, eliminating the need to attend court. The ODR platform is available at: www.ec.europa.eu/odr.

7. INTELLECTUAL PROPERTY RIGHTS AND PROCESSING OF PERSONAL DATA

7.1. WoolSoCool reserves the copyright to all information and material available in the Digital Content. Use of this content is only permitted within the scope of permitted personal use by the User. It is forbidden to copy, reproduce, distribute on the Internet or any other use of the materials and information contained in the Digital Content that exceeds the limits allowed by law.

7.2. The personal data of Users using the Digital Service is processed in accordance with the principles described in the Privacy Policy, available at: www.woolsocool.com/en/privacy-policy/.

8. FINAL PROVISIONS

8.1. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, those provisions shall prevail.

8.2. Matters not covered by these Terms and Conditions shall be governed by Polish law, including in particular the provisions of the Civil Code and the provisions of the Consumer Rights Act.

8.3. Marketing Content Contracts concluded before the effective date of the new Terms and Conditions shall be subject to the provisions of the then applicable Terms and Conditions.

8.4. If the Terms and Conditions are amended, the Service Provider shall inform the User of the change, indicating a 14-day period for the User to become familiar with the amended Terms and Conditions. A User who does not agree with the change to the Terms and Conditions may terminate the Agreement with immediate effect until the changes to the Terms and Conditions become effective. Failure to give notice shall be deemed to be acceptance of the amended Terms and Conditions.

8.5. The termination of the Agreement for the provision of Marketing Content takes place by means of a statement of termination of the Agreement by the User to the Service Provider. The declaration referred to in the preceding sentence may be sent through the channels indicated in paragraphs 2.4. and 2.5. of the Terms and Conditions.

8.6. Immediately upon receipt of the declaration referred to in paragraph 9.5 above, the Service Provider shall suspend the delivery of the Marketing Content subject to a period of 10 working days for technical reasons to handle the declaration transmitted.

8.7. The Terms and Conditions are made available free of charge for download in electronic format, in PDF format on the Website, to enable Users to store and reproduce them in the ordinary course of business.

8.8. WoolSoCool shall not be liable for the non-performance or improper performance of its obligations under these Terms and Conditions to the extent that the non-performance or improper performance is caused by circumstances beyond WoolSoCool's control despite the exercise of due diligence (force majeure). Cases of force majeure shall in particular be deemed to include such events as: strike, war, state of emergency, state of epidemics, floods, fires, whirlwinds. The aforementioned includes cases of force majeure occurring directly on the part of WoolSoCool as well as suppliers, subcontractors and other collaborators of WoolSoCool. In the event of force majeure, the performance of the obligation may be suspended for a period equal to the duration of the force majeure.

8.9. WoolSoCool is not responsible in particular for:

8.9.1. any damage caused to third parties as a result of the User's use of the access to the Digital Service in a manner contrary to the Terms and Conditions or applicable law;

8.9.2. any damage caused to third parties as a result of the User providing false data in the contact form on the Website;

8.9.3. for inability to use the Website due to the User's failure to meet the technical requirements indicated in the Terms and Conditions.

8.10. WoolSoCool shall be entitled to amend the provisions of the Terms and Conditions at any time, in particular in the event of the occurrence of any of the valid reasons indicated below:

8.10.1. the need to adapt the Terms and Conditions to the law;

8.10.2. change the scope of services provided on the Website;

8.10.3. changes to the technical conditions of use of the Website.

8.11. WoolSoCool will inform the User of any changes to the Terms and Conditions 14 days before the new Terms and Conditions come into effect. The changes will also be published in the form of a consolidated text together with information about them on the Website.

8.12. The Terms and Conditions enter into force on 01.01.2024.

8.13. Disputes arising from the Terms and Conditions which cannot be resolved amicably between the Users and WoolSoCool shall be settled by a common court with territorial jurisdiction according to the provisions of the Polish law. All correspondence, statements, records and other such verbal communication shall be in Polish.