CONTENTS

• 1 Definitions
• 2. Contact with the Service Provider
• 3 Technical requirements
• 4 Agreement
• 5 Complaints
• 6. Right of withdrawal from the Contract
• 7 Personal data
• 8. Changes to the Regulations or Newsletter
• 9. Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person who has concluded an Agreement or takes steps to conclude it, without direct connection with his business or professional activity.

Newsletter – messages regarding the Store, including information about offers, promotions and new products in the Store, provided free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act.

Privileged Entrepreneur - a Service Recipient who is a natural person concluding an Agreement (or taking steps to conclude it), directly related to his/her business activity, but not of a professional nature.

Regulations – these regulations.

Store – LaCava online store run by the Service Provider at www.lacava.pl

Agreement – ​​agreement for the provision of the Newsletter.

Service Recipient – ​​any entity that has concluded an Agreement or is taking steps to conclude one. Privileged Service Recipient – ​​a Service Recipient who is a Consumer or a Privileged Entrepreneur.

Service Provider – LACAVA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. Bednarska 7, 00-310 Warsaw, entered into the National Court Register - register of entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, 12th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under the KRS number 0000838337, NIP (Tax Identification Number) 5252821302, REGON (National Business Registry Number) 38594843300000, share capital PLN 100,000.00.

Consumer Rights Act – Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Bednarska 7, 00-310 Warsaw
2. E-mail address: biuro@lacava.pl
3. Phone: +48 22 726 77 00
4. The cost of a telephone call or data transmission made by the Service User is based on the basic tariff of the telecommunications operator or internet service provider whose services the Service User uses. 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 – in

depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

1. To use the digital content covered by the Regulations, you need: an active e-mail account;

a device with Internet access;

a web browser that supports JavaScript and cookies.

§ 4 AGREEMENT 

1. The service user may voluntarily subscribe to
2. In order to receive the Newsletter, it is necessary to conclude
3. E-mails sent under the Agreement will be sent to the e-mail address provided by the Service User at the time of concluding the Agreement.
4. To conclude the Agreement, the Service User first provides their email address in the designated area of ​​the Store to which they wish to receive communications sent under the Agreement. Upon signing up for the Newsletter, the Agreement is concluded for an indefinite period, and the Service Provider will begin providing the Service to the Service User – subject to § 5.
5. For the proper implementation of the Agreement, the Service User is obliged to provide his/her correct e-mail address.
6. The Newsletter is delivered immediately after the Service Provider creates the message intended for Service Recipients.
7. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
8. The Service Recipient may unsubscribe from the Newsletter without giving any reason and incurring any costs, at any time, using the option referred to in the previous provision, or by sending a message to the e-mail address of the Service Provider provided in § 2 of the Regulations.
9. The Service User's use of the link to unsubscribe from the Newsletter or sending a message requesting unsubscription from the Newsletter will result in immediate termination of the contract.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding digital content covered by the Regulations be submitted to the postal or electronic address indicated in § 2 of the Regulations.
2. The Service Provider will respond to the complaint within 14 days of receiving the notification.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service User for the compliance of the provision with the Agreement, as provided for by generally applicable legal provisions, in particular the provisions of the Act on Personal Data Protection.
4. In the event of improper performance of the Agreement by the Service Provider, the privileged Service User may exercise the rights regulated in Chapter 5b of the Act on Personal Data Protection.
5. If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Service User may request him to deliver it. If, despite this, the Service Provider has not delivered the digital content covered by the Agreement,

immediately or within an additional period expressly agreed upon by the Privileged Service User and the Service Provider, the Privileged Service User may withdraw from the Agreement.

6. A privileged Service User may withdraw from the Agreement without being requested to deliver the digital content covered by the Agreement if:

it is clear from the Service Provider's statement or circumstances that he will not provide the digital content covered by the Agreement or

The privileged Service User and the Service Provider have agreed, or it clearly follows from the circumstances of concluding the Agreement, that the specified deadline for delivery of the digital content covered by the Agreement was of significant importance to the privileged Service User and the Service Provider did not deliver it within that deadline.

7. The Service Provider is liable for any non-compliance of the Newsletter with the Agreement, which – due to the fact that the Newsletter is delivered continuously – occurred or became apparent at the time when it was to be delivered in accordance with this Agreement.
8. If the digital content covered by the Regulations is inconsistent with the Agreement, the privileged Service User may request that it be brought into compliance with the Agreement.
9. In the event of non-compliance with the Agreement of digital content covered by the Regulations, the Privileged Service User is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for him, in order to determine in a timely manner whether the non-compliance with the Agreement results from the characteristics of the Privileged Service User's digital environment.
10. Additionally, if the digital content covered by the Regulations is inconsistent with the Agreement, the privileged Service User may submit a declaration of withdrawal from the Agreement when:

bringing this digital content into compliance with the Agreement is impossible or requires excessive costs pursuant to Article 43m, paragraphs 2 and 3 of the Consumer Rights Act;

The Service Provider has not brought the digital content covered by the Regulations into compliance with the Agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service User of the lack of compliance with the Agreement, and without excessive inconvenience to the Privileged Service User, taking into account its nature and the purpose for which it is used;

the lack of compliance with the Agreement of the digital content covered by the Regulations persists, even though the Service Provider has attempted to bring it into compliance with the Agreement;

the lack of conformity of the digital content covered by the Regulations with the Agreement is so significant that it justifies withdrawal from the Agreement without prior recourse to the protection measure specified in Article 43m of the Consumer Rights Act (i.e. a request to bring the digital content into conformity with the Agreement);

it is clear from the Service Provider's statement or circumstances that he will not bring the digital content covered by the Regulations into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Privileged Service User.

III. OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS

11. The Service Provider informs the Consumer about 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 entities authorized to provide out-of-court dispute resolution. The Consumer may use, among other options:

Assistance from the appropriate European Consumer Centre from the European Consumer Centre Network. These centres provide information on consumer rights and help resolve disputes in cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of relevant consumer centres for a given country can be found at: https://konsument.gov.pl/eck-w-europie/

the Online Dispute Resolution (ODR) platform provided by the European Commission,

available at: https://ec.europa.eu/consumers/odr

Additionally, in the Republic of Poland you can use the following forms of support:

Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_kontroli_handlowej.php Assistance from the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which you should submit an application for consideration of the case before an arbitration court. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php

12. The previous provision is for informational purposes only and does not constitute an obligation for the Service Provider to use extrajudicial dispute resolution methods.
13. The use of out-of-court complaint and redress procedures is voluntary for both the Service Provider and the User.
14. The consumer may also benefit from free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT 

1. A privileged Service User has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
2. The deadline for withdrawal from the Agreement expires after 14 days from the date of its conclusion.
3. In order for the privileged Service User to exercise the right to withdraw from the Agreement, he or she must inform the Service Provider, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the Agreement by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
4. A privileged Service User may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
5. In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the privileged Service User to send information regarding the exercise of his right to withdraw from the Agreement before the expiry of the deadline for withdrawal from the Agreement.

§ 7 PERSONAL DATA

1. The Service Provider is the controller of personal data provided by the Service User in connection with the Agreement. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and basis for data processing, as well as data recipients – can be found in the privacy policy available in the Store – in accordance 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 purpose of processing the Service User's data is:

performance of the Agreement; the basis for the processing of personal data in this case is the Agreement or actions undertaken at the request of the Service Recipient, aimed at concluding it (Article 6 paragraph 1 letter b of the GDPR); analysis of the effectiveness of messages sent under the Agreement in order to establish general principles for effective sending in the Service Provider's activities; the basis for the processing of personal data for this purpose is the legitimate interest of the Service Provider (Article 6 paragraph 1 letter f of the GDPR);

establishing, pursuing or defending any claims related to the Agreement; the basis for the processing of personal data for this purpose is the legitimate interest of the Service Provider (Article 6, paragraph 1, letter f of the GDPR).

3. Providing data by the Service User is voluntary, but at the same time necessary to conclude the Agreement and

delivery of the digital content covered by it. Failure to provide the data will result in the Agreement not being concluded and the Service Provider will not deliver the digital content covered by it.

4. The Service Recipient's data will be processed until:
   1. the Agreement will cease to apply;
   2. the possibility of pursuing claims by the Service User or the Service Provider related to the Agreement will cease;
   3. the Service Recipient's objection to the processing of his/her personal data will be accepted - if the basis for data processing was the Service Provider's legitimate interest

– depending on what applies in a given case.

5. The Service Recipient has the right to request:
   1. access to your personal data,
   2. their corrections,
   3. removal,
   4. processing restrictions,
   5. transfer of data to another controller as well as the right to:
   6. to object at any time to the processing of data for reasons related to the specific situation of the Service User - to the processing of personal data concerning him/her, based on Article 6 paragraph 1 letter f of the GDPR (i.e. on the legitimate interests pursued by the Service Provider).
6. In order to exercise his/her rights, the Service User should contact the Service Provider.
7. If the Service User considers that his or her data is being processed unlawfully, the Service User may file a complaint with the authority competent for data protection. In Poland, this is the President of the Office for Personal Data Protection.

§ 8 CHANGES TO THE REGULATIONS OR NEWSLETTER 

1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason is understood as the need to change the Regulations caused by:
   1. a change in the functionality of the Newsletter, requiring a modification of the Regulations or
   2. a change in legal provisions affecting the performance of the Agreement by the Service Provider or adapting the services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of authorized public authorities or
   3. change of the Service Provider's contact or identification details.
2. Information about the planned changes to the Regulations will be sent to the e-mail address of the Service Recipient provided at the time of conclusion of the Agreement at least 7 days before the changes come into effect.
3. If the Service Recipient does not object to the planned changes until they enter into force, it is assumed that he accepts them, which does not constitute any obstacle to terminating the Agreement in the future.
4. In the event of non-acceptance of the planned changes, the Service User should send information about this to the Service Provider's e-mail address provided in § 2 of the Regulations, which will result in termination of the Agreement upon entry into force of the planned changes.
5. The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the Agreement, for the reasons indicated in paragraph 1 letter b or due to a change in the functionality of the Newsletter. Introducing the change referred to in the preceding sentence will not involve any costs for the Service Recipient. The provisions of paragraphs 2-4 shall apply accordingly.
6. If the change referred to in the previous provision significantly and negatively affects the access of the privileged Service User to the Newsletter or the use thereof, the Service Provider will send to the e-mail address of the privileged Service User in due advance, on a durable medium, information about the characteristics and date of this change and the rights related to this change.

Privileged service recipient.

§ 9 FINAL PROVISIONS

1. It is prohibited for the Service User to provide content of a
2. The contract is concluded in the language
3. The contract concluded on the basis of these Regulations is subject to the provisions of Polish law, subject to point 4.
4. The choice of Polish law for an Agreement concluded with a Consumer under these Terms and Conditions does not waive or limit the Consumer's rights under mandatory provisions of law that apply to that Consumer in a situation where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide broader protection than those provided for in these Terms and Conditions or Polish law, such broader protection shall apply.
5. In the event of a potential dispute with a Service Recipient who is not a privileged Service Recipient, related to the Agreement, the competent court will be the court having jurisdiction over the registered office of the Service Provider.
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.

Appendix No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or Privileged Entrepreneur may, but does not have to, use:

WITHDRAWAL FORM SAMPLE

(this form should be completed and returned only if you wish to withdraw from the contract)

LACAVA LIMITED LIABILITY COMPANY

1. Bednarska 7, 00-310 Warsaw e-mail address: biuro@lacava.pl

- I/We(*)................................................. hereby inform you about my/our

withdrawal from the contract for the provision of the following service(*) / for the supply of digital content in the form of(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

• Date of conclusion of the contract ^(*)

..............................................................................................................................................................................

• Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

• Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................

Signature of the Consumer(s) / Privileged Entrepreneur(s)

(only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

Last update date: 20/05/2024