• Terms and conditions

Rules of the NAILS OF THE DAY online shop

setting out, among other things, the principles for concluding agreements via the Shop, containing the most important information about the Seller, the Shop and consumer rights


CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Shopping in the Shop
§ 5 Payments
§ 6 Completing the order
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Objections
Annex 1: Model withdrawal form

§ 1 DEFINITIONS
Business days - days from Monday to Friday with the exception of public holidays in Poland.
Civil Code - the Act of 23 April 1964 Civil Code.
Consumer - a consumer within the meaning of the Civil Code.
Account - a free-of-charge function of the Store (service provided electronically), regulated by separate regulations, thanks to which each person using the Store may create his/her own individual account in the Store.
Buyer - any entity purchasing from the Store.
Privileged Buyer - a Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur - a natural person who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her.
Terms and Conditions - these terms and conditions.
Shop - the NailsOfTheDay online shop operated by the Seller at https://hailsoftheday.pl.
Seller - JAKUB MARIA DROZDOWSKI, entrepreneur conducting business activity under the name JAKUB DROZDOWSKI, registered in the Central Register and Information on Business Activity conducted by the Minister competent for the economy and keeping the Central Register and Information on Business Activity, NIP 5851445176, REGON number 380554818, ul. Stefana Żeromskiego 1/777, 01-887 Warsaw.
Consumer Rights Act - Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER
  1. Postal address: ul. Nowogrodzka 31/319, 00-511 Warsaw
  2. E-mail address: shop@nailsoftheday.pl
  3. Phone: +48 886 852 342  

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Shop you need:
  • a device with access to the Internet
  • a web browser supporting JavaScript and cookies.

2. For placing an order in the Shop, apart from the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE
  1. Product prices shown in the Shop are total prices for the product.
  2. The Seller points out that the total order price consists of the price for the product indicated in the Shop and, if applicable, the delivery costs of the goods.
  3. The product selected for purchase must be added to the shopping cart in the Store.
  4. The Buyer then chooses the method of delivery of the goods and the method of payment for the order from among the options available in the Shop, and provides the data necessary to complete the order placed.
  5. An order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
  6. Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
  7. The Buyer may register with the Shop, i.e. create an Account therein, or make purchases without registering by providing his/her data with each possible order.

§ 5 PAYMENTS
1. A placed order may be paid for, depending on the Buyer's choice:
        a) by simple bank transfer to the Seller's bank account;
        b) by payment card:
  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro
        c)via a payment platform:
  • Autopay S.A.
        d)by card or cash at the time of personal collection of the goods.
2. If the Buyer chooses to pay via the  payment platform, Autopay S.A. is the online payment service provider.
3. If the Buyer chooses to pay in advance, the order must be paid for within 2 working days of placing the order.
4. The Seller informs that in the case of payment methods in which the field to enter the data necessary to complete the payment appears immediately after the order is placed, payment for the order is only possible immediately after the order is placed.
5 . By purchasing from the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 ORDER PROCESSING
  1. The order lead time is indicated in the Shop.
  2. If the Buyer has chosen to pay for the order in advance, the Seller shall proceed to process the order after it has been paid.
  3. If the Buyer has purchased products with different lead times within one order, the order shall be fulfilled within the time limit applicable to the product with the longest lead time.
  4. Goods are delivered exclusively within the territory of the Republic of Poland.
  5. Products purchased in the Shop are delivered - depending on the delivery method chosen by the Buyer: through a courier company; to InPost parcel machines.
  6. The Buyer may collect the goods in person at the company's premises during its opening hours.
  7. If the Buyer chooses to collect the goods in person, the goods will be ready for collection on the indicated delivery date.

§ 7 RIGHT OF WITHDRAWAL

  1. A privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The period to withdraw from the contract expires after 14 days from the day: on which the Priority Buyer has taken possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer has taken possession of the goods; on which the Priority Buyer has taken possession of the last good, lot or part, or on which a third party other than the carrier and indicated by the Priority Buyer has taken possession of the last good, lot or part, in the case of a contract involving the transfer of ownership of multiple goods which are delivered separately, in lots or in parts.
  3. In order for the privileged Buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).
  4. A privileged buyer may use the model withdrawal form at the end of the Terms and Conditions, but it is not obligatory.
  5. In order to comply with the withdrawal period, it is sufficient for the Priority Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.
EFFECTS OF WITHDRAWAL
  1. In the event of withdrawal from the concluded contract, the Seller shall reimburse to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for the additional costs resulting from the privileged Buyer's choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), without delay and in any event not later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right of withdrawal.
  2. The Seller shall refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer shall not incur any fees in connection with such refund. In the event that a refund is required for a transaction made by a customer with a payment card, the Seller shall make the refund to the bank account assigned to the Purchaser's payment card. The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer.
  3. If the Seller has not offered to collect the goods itself from the Priority Buyer, the Seller may withhold the refund until it has received the goods or until it has been provided with proof of their return, whichever event occurs first.
  4. The Seller requests that goods be returned to the address: ul. Nowogrodzka 31/319 00-511 Warsaw immediately, and in any case no later than 14 days from the day on which the Priority Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Priority Buyer sends back the goods before the expiry of the 14-day period.
  5. The privileged buyer shall bear the direct costs of returning the goods.
  6. The privileged buyer shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
  7. If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Shop or when placing the order.
  8. In the event that a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
  1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, shall not apply to a contract:
  • in which the subject of the performance is a non-refabricated good, produced according to the specifications of the privileged Buyer or serving to satisfy his individualised needs;
  • in which the object of the performance is goods which are perishable or have a short shelf life;
  • in which the subject of performance is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
  • where the object of the performance is goods which, by their nature, are inseparable from other goods after delivery;
  • where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
  • for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;
  • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract.
§ 9 COMPLAINTS

I GENERAL PROVISIONS
  1. The Seller shall bear towards the privileged Buyer the responsibility for the conformity of the performance with the agreement provided for by the generally applicable provisions of the law, including in particular the provisions of the Act on Consumer Rights.
  2. The Seller requests that complaints be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  3. If a guarantee has been granted for a product, information about it and its conditions is available in the Shop.
  4. Complaints concerning the operation of the Store should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
  5. The Seller shall respond to the complaint within 14 days of its receipt.

II PRIORITY BUYERS
A. Goods
In the case of non-conformity of the goods with the contract, the Privileged Buyer has the possibility of exercising the rights set out in Chapter 5a of the Consumer Rights Act.
The Seller shall be liable for the non-conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
On the basis of the provisions of the Consumer Rights Act, a privileged Buyer may in any case demand:
replacement of the goods,
repair of the goods.
In addition, the Privileged Buyer may make a declaration for:
price reduction,
withdraw from the contract
in a situation when:
The seller refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
The Seller has failed to bring the goods into conformity with the contract in accordance with article 43d paragraphs 4-6 of the Consumer Rights Act;
the lack of conformity of the goods with the contract continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;
the lack of conformity of the goods with the contract is significant enough to justify a reduction of the price or rescission of the contract without prior use of the remedies specified in article 43d of the Consumer Rights Act;
it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the favoured Buyer.
In the case of goods subject to repair or replacement, the Priority Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the Priority Buyer at his own expense.
The privileged purchaser may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
In the event of withdrawal from the contract referred to in this section (concerning goods), the Priority Buyer shall immediately return the goods to the Seller at the Seller's expense to the address Nowogrodzka 31/312, 00-511 Warsaw. The Seller shall return the privileged price to the Purchaser immediately, but no later than within 14 days of receipt of the goods or proof of their return. In the event that a refund is required for a transaction made by the customer with a payment card, the seller shall make the refund to the bank account assigned to the purchaser's payment card. The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer.
The Seller shall reimburse to the Priority Buyer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Priority Buyer's statement of price reduction.
B. Out-of-court complaint and redress procedures
  1. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may make use of, inter alia: 


III PURCHASERS OTHER THAN PRIORITY PURCHASERS
  1. In the event of a defect in the goods, a Buyer other than a privileged Buyer has the possibility to claim the defective goods on the basis of the warranty regulated by the Civil Code.
  2. Towards a Buyer other than a privileged Buyer, the Seller shall be liable under the warranty if the physical defect is discovered before the expiry of two years from the date of delivery of the goods to the Buyer.
  3. Pursuant to the Civil Code, the Purchaser who is an entrepreneur other than a privileged entrepreneur loses the rights under the warranty if he did not examine the goods in the time and manner usual for goods of this type and did not notify the Seller about the defect immediately, and if the defect came to light only later - if he did not notify the Seller immediately after its discovery. Sending notice of the defect before the deadline shall be sufficient to meet the above deadline.
  4. When exercising the warranty, a Buyer other than a Priority Buyer may, under the terms of the Civil Code:
  • make a declaration to reduce the price,
  • in the case of a material defect - make a declaration on withdrawal from the contract,
  • demand that the goods are replaced with goods free from defects,
  • demand the defect to be removed.

  1. If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer other than the privileged Buyer is obliged to deliver the goods to the address Nowogrodzka 31/319, 00-511 Warsaw.
§ 10 PERSONAL DATA

The administrator of the personal data provided by the Buyer while using the Shop is the Seller. Detailed information concerning the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the Privacy Policy available in the Shop - due to the principle of transparency contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of the Seller's processing of the Buyer's data provided by the Buyer in connection with purchases in the Shop is the fulfilment of orders. The basis for the processing of personal data in this case is:
the contract or actions taken at the request of the Buyer aimed at its conclusion (Art. 6(1)(b) RODO),the Seller's legal obligation relating to accounting (art. 6(1)(c) RODO) and
the Vendor's legitimate interest in processing the data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
The provision of data by the Buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide data will make it impossible to conclude a contract in the Shop.
The Buyer's data provided in connection with purchases in the Shop will be processed until:
the contract concluded between the Buyer and the Seller is no longer valid;
the Seller is no longer legally obliged to process the Buyer's data;
the possibility of asserting claims by the Buyer or the Seller related to the contract concluded by the Shop ceases;
the Buyer's objection to the processing of his personal data - in the case when the basis of data processing was the justified interest of the Seller - is accepted.
- whichever is applicable in a given case and which occurs at the latest.
The Buyer has the right to request:
access to his personal data,
rectification,
erasure,
restriction of processing,
to have the data transferred to another controller
as well as the right to:
to object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on legitimate interests pursued by the Seller).
In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Terms and Conditions.
If the Buyer considers that his/her data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.
§ 11 DISCLAIMERS
The provision of unlawful content by the Buyer is prohibited.
Each order placed in the Shop constitutes a separate contract and requires a separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.
Contracts concluded on the basis of the Rules are concluded in the Polish language.
In the case of a potential dispute with a Buyer who is not a Priority Buyer, the court having jurisdiction shall be the court having jurisdiction over the registered office of the Seller.


Attachment No. 1 to the Terms and Conditions

Below you will find a sample withdrawal form, which the Consumer or Privileged Buyer may or may not use:



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

JAKUB DROZDOWSKI
31/319 Nowogrodzka St., 00-511 Warsaw
e-mail address: shop@nailsoftheday.pl
- I/We(*) ..................................................................... hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

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

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

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

- Date of conclusion of the contract(*)/of receipt(*)

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

- Name of Consumer(s)/Entrepreneur(s) privileged:

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

- Address of Consumer(s)/Entrepreneur(s) privileged:

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


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


.............................................................................................
Signature of Consumer(s)/Undertaker(s)
(only if the form is sent on paper)

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

(*) Delete as appropriate.

Account Terms and Conditions
in the NailsOfTheDay shop

CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Objections

§ 1 DEFINITIONS
Consumer - a consumer within the meaning of the Civil Code.
Account - a free-of-charge function of the Store (service) regulated in these Terms and Conditions, thanks to which the Customer may create his/her individual account in the Store.
Customer - any entity creating an Account or interested in creating an Account.
Privileged Customer - a Customer who is a Consumer or a natural person who concludes a contract with the Service Provider which is directly related to his/her business activity but which is not of a professional nature for him/her.
Terms and Conditions - these terms and conditions of the Account.
Shop - NailsOfTheDay online shop operated by the Service Provider at https://hands-up.pl.
Service Provider - JAKUB MARIA DROZDOWSKI, entrepreneur conducting business activity under the business name JAKUB DROZDOWSKI, registered in the Central Register and Information on Business Activity conducted by the Minister of Economy, NIP 5851445176, REGON number 380554818, ul. Stefana Żeromskiego 1/777, 01-887 Warszawa.
§ 2 CONTACT WITH THE SERVICE PROVIDER
Postal address: 31/319 Nowogrodzka St., 00-511 Warsaw
E-mail address: shop@nailsoftheday.pl
Telephone: +48 886 852 342  
§ 3 TECHNICAL REQUIREMENTS
In order to properly function and set up an Account, you need:
an active e-mail account
a device with access to the Internet
a web browser that supports JavaScript and cookies
§ 4 ACCOUNT
The creation of an Account is entirely voluntary and depends on the will of the Customer.
An Account gives the Customer additional opportunities such as: viewing the history of orders placed by the Customer in the Store, checking the status of an order or editing the Customer's data.
In order to set up an Account, a relevant form must be filled in the Shop.
Upon opening an Account, a contract for an indefinite period of time is concluded between the Customer and the Service Provider for the maintenance of the Account under the terms of these Terms and Conditions.
Upon the creation of an Account, a contract for an indefinite period of time is concluded between the Client and the Service Provider for the operation of the Account under the terms and conditions specified in the Terms and Conditions.
The recipient may without incurring any costs resign from the Account at any time.
In order to resign from the Account, one must send his/her resignation to the Service Provider at the e-mail address: shop@nailsoftheday.pl, which will result in the immediate deletion of the Account and the termination of the contract for the Account.
§ 5 COMPLAINTS
Complaints regarding the functioning of the Account should be sent to the e-mail address shop@nailsoftheday.pl.
The Service Provider shall consider the complaint within 14 days.

OUT-OF-COURT MEANS OF DEALING WITH COMPLAINTS AND CLAIMS.
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php; with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
the free assistance of the municipal or district consumer ombudsman;
the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
§ 6 PERSONAL DATA
The administrator of the personal data provided by the Customer when using the Account is the Service Provider. Detailed information concerning the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as recipients of the data, is contained in the Privacy Policy available in the Shop - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of the processing of the Customer's data is to operate the Account. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Client aimed at concluding such a contract (Article 6(1)(b) of the DPA), , as well as the legitimate interest of the Service Provider to process the data in order to establish, assert or defend possible claims (Article 6(1)(f) RODO).
The provision of data by the Client is voluntary, but at the same time necessary to operate the Account. Failure to provide data means that the Service Provider will not be able to provide the service of running the Account.
The Client's data will be processed until:
the Account is deleted by the Client or the Service Provider at the request of the Client
the possibility for the Client or the Service Provider to pursue claims related to the Account has ended;
the Client's objection to the processing of his/her personal data will be accepted - if the processing was based on the Service Provider's legitimate interest
- whichever is applicable in the case and which occurs at the latest.
The Client has the right to request:
access to his/her personal data,
rectification,
erasure,
restriction of processing,
to have the data transferred to another controller
as well as the right to:
object at any time to the processing of data for reasons related to the particular situation of the Service Recipient - to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the Service Provider).
In order to exercise his/her rights, the Client should contact the Service Provider.
If the Client considers that his/her data is being processed unlawfully, the Client may lodge a complaint with the President of the Office for Personal Data Protection.
§ 7 DISCLAIMERS
The provision of unlawful content by the Service Recipient is prohibited.
The Agreement in respect of the Account shall be concluded in the Polish language.
In the event of important reasons referred to in paragraph 4, the Service Provider is entitled to amend the Terms and Conditions.
The important reasons referred to in paragraph 3 are:
the need to adapt the Shop to the legal provisions applicable to the Shop's operations;
improvement of security of the provided service;
change of the functionality of the Account, requiring modification of the Terms and Conditions.
The Customer shall be informed of any planned change to the Terms and Conditions at least 7 days before the change takes effect via an e-mail sent to the address assigned to the Account.
If the Client does not agree with the planned change, he/she should inform the Service Provider by sending an appropriate message to the Service Provider's e-mail address shop@nailsoftheday.pl, which will result in the termination of the agreement for the provision of the Account upon the entry into force of the planned change or earlier if the Client makes such a request.
In the event that the Client does not object to the planned change by the time it comes into force, it will be assumed that he accepts it, which does not constitute any obstacle to the future termination of the contract.
In the event of a possible dispute with a Customer who is not a privileged Customer, the competent court will be the court with jurisdiction over the seat of the Service Provider.

Terms and conditions of the newsletter
of the NailsOfTheDay shop

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions

§ 1 DEFINITIONS
Consumer - consumer within the meaning of the Civil Code Act of 23 April 1964.
Newsletter - a service provided free of charge by electronic means through which the Customer may receive from the Service Provider, by electronic means, previously ordered messages concerning the Store, including information about offers, promotions and news in the Store.
Shop - NailsOfTheDay online shop operated by the Service Provider at https://nailsoftheday.pl.
Customer - any entity using the Newsletter service.
Privileged Customer - Customer who is a Consumer or a natural person concluding a contract with the Service Provider directly related to his/her business activity but not of a professional nature for him/her.
Service Provider - JAKUB MARIA DROZDOWSKI, entrepreneur conducting business activity under the business name JAKUB DROZDOWSKI, registered in the Central Register and Information on Business Activity conducted by the Minister of Economy, NIP 5851445176, REGON number 380554818, ul. Stefana Żeromskiego 1/777, 01-887 Warszawa.
§ 2 Newsletter
The Customer may voluntarily use the Newsletter service.
In order to use the Newsletter service it is necessary to have a device with a web browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account.
Emails sent within this service will be sent to the email address provided by the Customer when signing up for the Newsletter.
In order to conclude an agreement and sign up for the Newsletter service, the Customer shall, in the first step, provide his/her e-mail address to which he/she wishes to receive messages sent under the Newsletter in the designated space in the Store. Upon signing up for the Newsletter, a service agreement is concluded for an indefinite period of time and the Service Provider shall commence its provision to the Customer - subject to section 5.
In order to properly provide the Newsletter service, the Customer shall provide his/her correct email address.
Messages sent within the Newsletter will include information on the possibility to unsubscribe from it, as well as a link to unsubscribe.
The Customer may unsubscribe from the Newsletter, without giving any reason or incurring any costs, at any time using the option referred to in Section 6 or by sending a message to the Service Provider's email address: shop@nailsoftheday.pl.
The Customer's use of the unsubscribe link from the Newsletter or sending a message with a request to unsubscribe from the Newsletter shall result in immediate termination of the agreement for the provision of this service.
§ 3 Complaints
Complaints regarding the Newsletter shall be reported to the Service Provider at the email address: shop@nailsoftheday.pl.
The Service Provider shall respond to complaints within 14 days from receiving the complaint.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS.
In the event that the complaint procedure fails to produce the result expected by the Service Recipient who is a Consumer, the Consumer may take advantage of, inter alia:
mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;with the assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
the free assistance of the municipal or district consumer ombudsman;
the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
§ 4 Personal data
The administrator of the personal data provided by the Customer in connection with the Newsletter subscription is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including the other purposes and grounds for data processing, as well as the recipients of the data, can be found in the Privacy Policy available at the Shop - due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) - "RODO".The purpose of processing the Customer's data is to send the Newsletter. The basis for the processing of personal data in this case is the service agreement or actions taken at the request of the Service Recipient aimed at concluding it (Article 6(1)(b) RODO), as well as the legitimate interest of the Service Provider consisting in the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
The provision of data by the Customer is voluntary, but at the same time necessary for the provision of the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
The Customer's data will be processed until:
the Customer unsubscribes from the Newsletter;
the possibility for the Customer or the Service Provider to assert claims related to the Newsletter ceases;
the Client's objection to the processing of his/her personal data is accepted - in the event that the processing was based on the legitimate interest of the Service Provider
- whichever is applicable in the case and which occurs at the latest.
The Client has the right to request:
access to his/her personal data,
rectification,
erasure,
restriction of processing,
to have the data transferred to another controller
as well as the right to:
object at any time to the processing of data for reasons related to the Client's particular situation - to the processing of personal data concerning him/her based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the Service Provider).
In order to exercise his/her rights, the Client should contact the Service Provider.
If the Client considers that his/her data is being processed unlawfully, the Client may lodge a complaint with the President of the Office for Personal Data Protection.
§ 5 Final provisions
The Service Provider reserves the right to amend these Terms and Conditions only for important reasons. An important reason shall be understood to be the necessity to amend the regulations due to modernisation of the Newsletter service or change of legal regulations affecting provision of the service by the Service Provider.
Information about the planned change to the rules shall be sent to the Customer's email address provided at the time of signing up for the Newsletter at least 7 days before the change comes into effect.
If the Service Recipient does not object to the planned changes by the time they come into force, he/she is deemed to accept them.
If the Client does not accept the planned changes, the Client should send information about this to the Service Provider's e-mail address: shop@nailsoftheday.pl, which will result in the termination of the service agreement as soon as the planned changes come into effect.

The provision of unlawful content by the Customer shall be prohibited.
The Newsletter service agreement shall be concluded in the Polish language.
In the event of a potential dispute with a Customer who is not a privileged Customer, the competent court shall have jurisdiction over the seat of the Service Provider.