Regulations of the BENU online store

specifying, inter alia, rules for sales concluding contracts through the Store, containing the most important information about the Seller, the Store and the Consumer rights

TABLE OF CONTENT

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Order processing

§ 7 The right to withdraw from the contract

§ 8 Exceptions to the right to withdrawal from the contract

§ 9 Complaints

§ 10 Personal data

§ 11 Objections

Annex 1: Template form of withdrawal from the contract

§ 1 DEFINITIONS

Working days – days from Monday to Friday, except public holidays in Poland. 

Civil Code – Act of April 23, 1964, Polish Civil Code.

Consumer – a consumer within the meaning of the provisions of the Civil Code.

Account – a free Store function (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up his individual Account in the Store. 

Buyer – any buyer in the Store.

Privileged Buyer – a Buyer who is a Consumer or a Privileged Entrepreneur.

Privileged Entrepreneur – a natural person concluding a contract with the Seller directly related to his business activity, but not of a professional nature for it. 

Regulations – these regulations.

Store – BENU online store run by the Seller at https://benustudio.com. 

Seller – ZUZANNA STEFANIA BADURA-PIĘTAK, an entrepreneur running a business under the name BB ZUZANNA BADURA-PIĘTAK, registered in the Central Register and Information on Economic Activity managed by the minister competent for economy and managing the Central Register and Information on Economic Activity, NIP 6342725560, REGON no 369383950,  Sowińskiego 4 Street, 40-018 Katowice.

Consumer Rights Act – Act of 30th May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: 7 Parkowa Street, 40-590 Katowice
  2. E-mail address: customercare@benustudio.com
  3. Phone: +48693728705
  4. Return address (in case of withdrawal from the contract): 4 Sowińskiego Street, 40- 018 Katowice
  5. Address for sending the claimed goods: 4 Sowińskiego Street, 40-018 Katowice

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, it is necessary to have:
  • a device with internet access
  • a web browser that supports JavaScript and cookies.
  1. To place an order in the Store, in addition to the requirements set out in the paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods visible in the Store are the total prices for the goods.
  2. The Seller notes that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery. 
  3. The goods selected for purchase should be added to the basket in the Store.
  4. Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
  5. The order is placed when the content is confirmed and the Buyer accepts the Regulations.
  6. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e., set up an Account in it, or make purchases without registration by providing his data with each possible order.

§ 5 PAYMENTS

  1. You can pay for your order, depending on the Buyer’s choice: 
  • by ordinary transfer to the Seller’s bank account; 
  • via the payment platform:
    • Blue Media
    • PayPal
    • PayU
    • Przelewy24
    • Stripe
  1. If you choose to pay via the Blue Media payment platform, Blue Media S.A. is the entity providing online payment services.
  2. If the Buyer selects payment in advance, the order must be paid within 3 Business Days of placing the order.
  3. The Seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after placing the order, payment for the order is possible only immediately after placing the order.
  4. The Buyer, by making purchases in the Store, accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw the acceptance.

§ 6 ORDER PROCESSING

  1. The order completion date is indicated in the Store.
  2. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after the payment.
  3. In a situation when, under one order, the Buyer purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery time.
  4. Countries in the territory of which the delivery takes place:
  • Poland
  • Germany
  • Spain
  • Portugal
  • France
  • Austria
  • The Czech Republic
  • Ukraine
  • Slovakia
  • Croatia
  • Italy
  • Belgium
  • Bulgaria
  • Switzerland
  • Finland
  • Cyprus
  • Ireland
  • Greece
  • Romania
  • Sweden
  • Norway
  • Great Britain
  • USA
  • Canada
  1. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
  • via a courier company;
  • to InPost parcel machines.

§ 7 THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without specifying any cause. 
  2. The deadline to withdraw from the contract expires after 14 days from the day:
  • on which the Privileged Buyer has come into possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer has come into possession of the goods;
  • on which the Privileged Buyer has acquired possession of the last good, batch or part, or on which a third party other than the carrier and indicated by the Privileged Buyer has acquired possession of the last good, batch or part, in the case of a contract involving the transfer of ownership of several goods which are delivered separately, in batches or in parts.
  1. In order for the Privileged Buyer to exercise the right of withdrawal, he must inform the Seller, using the data specified in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).
  2. A Privileged Buyer may use the template form of withdrawal at the end of the Regulations, but it is not obligatory.
  3. In order to meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information concerning the exercise of his right of withdrawal before the expiration of the withdrawal period. 

EFFECTS OF WITHDRAWING FROM THE CONTRACT

  1. In the case of withdrawal from the concluded contract the Seller shall return to the Privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the chosen by the Privileged Buyer way of delivery other than the cheapest ordinary way of delivery offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed about 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 as were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees otherwise, in which case the Privileged Buyer shall not incur any fees in connection with such refund.
  3. If the Seller has not offered to collect the goods from the Privileged Buyer himself, he may withhold the reimbursement until receipt of the goods or until he is provided with proof of its return, depending on which event occurs first.
  4. The seller asks to return the goods to the following address: 4 Sowińskiego Street, 40-018 Katowice, immediately, and in any case not later than 14 days from the date on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the expiration 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 diminished value of the goods resulting from the use of the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
  7. If the good, due to its nature, cannot be returned by ordinary mail, the Privileged Buyer shall 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 Store or when placing the order.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE CONTRACT 

  1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, shall not apply in relation to a contract:
  • in which the subject of the service is a non-refabricated good, produced according to the specifications of a Privileged Buyer or serving to satisfy his individualized needs;
  • in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
  • in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
  • in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
  • in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
  • for the delivery 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 entrepreneur has no control and which may occur before the deadline to withdraw from the contract.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller shall be liable to the Privileged Buyer for the compliance of the service with the contract, provided by generally applicable laws, including in particular the provisions of the Act on Consumer Rights.
  2. The Seller asks to submit a complaint to the postal or e-mail address indicated in § 2 of the Regulations.
  3. If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.
  4. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  5. The Seller will respond to the complaint within 14 days from its receipt.

II PRIVILEGED BUYERS

  • Goods
  1. In the event of non-compliance of the goods with the contract, the Privileged Buyer has the option of exercising the rights set out in chapter 5a of the Consumer Right Act.
  2. The Seller shall be liable for the lack of conformity of the goods with the contract, existing at the time of their delivery and revealed within two years from that moment, unless the expiration date of the goods, specified by the Seller, his legal predecessors or persons acting on their behalf, is longer.
  3. Pursuant to the provisions of the Consumer Rights Act, the Privileged Buyer may demand in any case:
    • exchange of goods,
    • repair of goods.
  1. Additionally, the Privileged Buyer may make a statement about:
    • price reduction,
    • withdrawal from the contract
  1. when:
    • The seller refused to bring the goods into compliance with the contract in accordance with art. 43d sec. 2 of the Polish Consumer Rights Act;
    • The seller did not bring the goods into compliance with the contract in accordance with art. 43d sec. 4-6 of the Polish Consumer Rights;
    • the lack of compliance of the goods with the contract continues, despite the fact that the Seller has tried to bring the goods into compliance with the contract;
    • the lack of compliance of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in art. 43d of the Polish Consumer Rights Act;
    • it is clear from the Seller’s statement or circumstances that he will not bring the goods into compliance with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
  1. In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at its own expense.
  2. A Privileged Buyer may not withdraw from the contract if the lack of compliance of the goods with the contract is insignificant.
  3. In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer immediately returns the goods to the Seller at his expense, to the address: 4 Sowińskiego Street, 40-018 Katowice. The Seller returns the price to the Privileged Buyer immediately, not later than within 14 days from the date of receipt of the goods or proof of their return.
  4. The Seller shall return to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Privileged Buyer’s statement on the price reduction.
  • Out-of-court methods of dealing with complaints and pursuing claims
  1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
  2. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
  • mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
  • assistance of the competent field of permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: 
https://uokik.gov.pl/stale_sady_polubowne.php;

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In the event of a defect in the goods, the Buyer other than the Privileged Buyer may complain about the defective goods on the basis of the warranty regulated in the Polish Civil Code.
  2. The Seller is liable to a Buyer other than the Privileged Buyer under the warranty if a physical defect is found within two years from the date of delivery of the goods to the Buyer.
  3. In accordance with the Polish Civil Code, the Buyer who is an entrepreneur other than the Privileged Entrepreneur loses his rights under the warranty if he has not examined the goods in time and in the manner accepted for goods of this type and has not immediately notified the Seller of the defect, and if the defect has come to light only later – if he did not notify the Seller immediately after finding it. To meet the above deadline, it is sufficient to send a notification of the defect before its expiry.
  4. On the basis of the warranty, the Buyer other than the Privileged Buyer may, on the terms set out in the Polish Civil Code:
  • submit a price reduction statement,
  • in the case of a significant defect – submit a declaration of withdrawal from the contract,
  • demand replacement of goods for goods free of defects,
  • demand removal of the defect.
  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: 4 Sowińskiego Street, 40-018 Katowice.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – may be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and the Council (EU) on data protection – „GDPR”.
  2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the order execution. The basis for the processing of personal data in this case is:
  • contract or actions taken at the request of the Buyer, aimed at its conclusion based on art. 6 sec. 1 lt. b of the EU General Data Protection Regulation 2016/679,
  • the Seller’s legal obligation related to accounting (Art. 6 sec. 1 lt. c of the GDPR),
  • the Seller’s legitimate interest in processing data in order to establish, pursue or defend any claims (Art. 6 sec. 1 lt. f of the GDPR).
  1. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.
  2. The Buyer’s data provided in connection with purchases in the Store will be processed until:
  • the contract concluded between the Buyer and the Seller ceases to apply;
  • the Seller will no longer be subject to the legal obligation obliging him to process the Buyer’s data;
  • the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;
  • the Buyer’s objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Seller
  1. – depending on what is applicable in a given case and what is the latest.
  2. The buyer has the right to demand:
  • access to his personal data,
  • corrections,
  • deletion,
  • processing restriction,
  • transferring data to another administrator as well as the right to:
  • object at any time to the processing of data for reasons related to the special situation of the Buyer – to the processing of personal data concerning him, Art. 6 sec. 1 lt. f of the GDPR, (i.e., on legitimate interests pursued by the Seller).
  1. In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  2. If the Buyer considers that his data is processed unlawfully, the Buyer may file a complaint to the President of the Personal Data Protection Office.

§ 11 OBJECTIONS

  1. The Buyer is forbidden to provide illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the regulations. The contract is concluded on time and for the purpose of order fulfillment.
  3. Agreements concluded on the basis of these regulations are concluded in Polish.
  4. In the event of a possible dispute with a Buyer who is not a Privileged Buyer, the court of proper local jurisdiction will be the court for the seat of the Seller.

Annex 1 to the Regulations 

Below is a template of withdrawal form from the contract, which the Consumer or Privileged Entrepreneur may, but does not have to, use: 

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

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

BB ZUZANNA BADURA-PIĘTAK 

7 Parkowa Street, 40-590 Katowice 

e-mail address: customercare@benustudio.com

– I/We(*) ……………………………………………………………  hereby inform(*) about  my/our withdrawal from the sales contract for the following items(*) / for the following service(*): 

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

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

…………………………………………………………………………………………………………………………………………………………

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

…………………………………………………………………………………………………………………………………………………………

– Address of the Privileged Consumer(s) / Entrepreneur(s) 

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………

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

(only if the form is sent in paper version) 

Date ……………………………………..

(*) Delete as appropriate.

Account regulations

in the BENU store

TABLE OF CONTENT

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Account

§ 5 Loyalty program

§ 6 Complaints

§ 7 Personal data 

§ 8 Objections

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the Civil Code.

Account – regulated in the Regulations, free-of-charge function of the Store (service), thanks to which a Buyer may set up his individual account in the Store. 

Service Recipient – any entity setting up an Account or interested in setting up an Account. 

Privileged Service Recipient – A Service Recipient who is a Consumer or a natural person concluding a contract with the Service Provider directly related to its business activity, but not of a professional nature for it.

Loyalty program – a loyalty program run by the Service Provider, under which the Service Recipient who has an Account may obtain and use Points on the terms set out in the Regulations. 

Points – points awarded to the Service Recipient on the terms set out in the Regulations as part of the Loyalty Program, allowing the Service Recipient to order products indicated in the Store with a discount.

Regulations – these Account Regulations.

Store – BENU online store run by the Service Provider at https://benustudio.com

Service Provider – ZUZANNA STEFANIA BADURA-PIĘTAK, an entrepreneur running a business under the name BB ZUZANNA BADURA-PIĘTAK, registered in the Central Register and Information on Economic Activity managed by the minister competent for economy and managing the Central Register and Information on Economic Activity, NIP 6342725560, REGON no 369383950, 7 Parkowa Street, 40-590 Katowice. 

§ 2 CONTACT WITH THE SELLER

  1. Postal address: 7 Parkowa Street, 40-590 Katowice
  2. E-mail address: customercare@benustudio.com
  3. Phone: +48693728705

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creating an Account, it is necessary to have:
  • an active e-mail account
  • a device with Internet access
  • a web browser that supports JavaScript and cookies.

§ 4 Account

  1. Creating the Account is completely voluntary and depends on the will of the Service Recipient.
  2. The Account gives the Service Recipient additional possibilities, such as: viewing the history of orders placed by the Service Recipient in the Store, checking the order status or editing the Service Recipient’s data on his own, as well as participation in the Loyalty Program
  3. In order to set up an Account, you must complete the appropriate form in the Store.
  4. At the time of creating the Account, an agreement is concluded between the Service Recipient and the Service Provider for an indefinite period in the scope of maintaining the Account on the terms set out in the Regulations.
  5. The Service Recipient may resign from the Account at any time without incurring any costs.
  6. In order to resign from the Account, you must send your resignation to the Service Provider at the following e-mail address: customercare@benustudio.com, which will result in immediate deletion of the Account and termination of the Account maintenance agreement.

§ 5 LOYALTY PROGRAM

  1. The loyalty program is intended for Service Recipients who have an Account. Obtaining and using Points by the Service Recipient is possible using the Account. Upon setting up an Account, the Service Recipient becomes a participant in the Loyalty Program.
  2. For every PLN 10 spent in the Store as a part of a single order, the Service Recipient will receive the following number of Points: 1, subject to sec. 4-5.
  3. The Service Recipients will be entitled to points for the placed order only if the Service Provider concludes an agreement with the Service Recipient. Points will be awarded to the Service Recipient automatically, within the time of order completion.
  4. To calculate the number of Points due for a placed order, only the funds spent by the Service Recipient on products ordered in the Store without the use of Points are taken into account, and without taking into account additional costs related to ordering a product, such as, e.g., the cost of delivery.
  5. The Points obtained by the Service Recipient make up one pool.
  6. The current number of Points collected by the Service Recipient will be visible in the Account. The Service Provider may also inform the Service Recipient about a change in the number of accumulated Points by sending a message to the Service Recipient’s e-mail address assigned to his Account.
  7. If the current pool of Points accumulated in the Account exceeds the threshold point specified in this provision, the Service Recipient will receive a discount for each purchase in the Store made using the Account, in the amount specified below:
  • 10% — after accumulating the following number of Points: 1000.
  1. The discount values indicated in the above paragraph do not add up.
  2. 10.The discount in the appropriate amount will be calculated automatically and will cover the total price of the products being the subject of the Service Recipient’s order.
  3. 11.The Service Provider has the right to cancel Points:
  • charged for orders for which the Service Provider returned the funds paid for the product to the Service Recipient (e.g., in the event of effective withdrawal from the contract by the Service Recipient);
  • and granted despite ineffective payment of the order (which does not mean the inability to acquire Points again as a result of correct payment of the order).
  1. 12.Points accumulated in the Loyalty Program may only be used in the manner specified in this paragraph.

§ 6 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address: customercare@benustudio.com.
  2. Consideration of the complaint by the Service Provider will take place within 14 days. 

OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS

  1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
  • mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
  • assistance of the competent field of permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: 
https://uokik.gov.pl/stale_sady_polubowne.php;

§ 7 PERSONAL DATA

  1. The administrator of personal data provided by the Service Recipient when using the Store is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as data recipients – may be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and the Council (EU) on data protection – „GDPR”.
  2. The purpose of processing the Service Recipient data is to maintain 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 Service Recipient, aimed at its conclusion (Art. 6 sec. 1 lt. b of the GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data in order to determine pursuing or defending any claims (Art. 6 sec. 1 lt. f of the GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Service Provider will not be able to provide the Account management service.
  4. The Service Recipient data will be processed until:
  • The account will be deleted by the Service Recipient or the Service Provider at the request of the Service Recipient,
  • the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Account will cease;
  • the Service Recipient objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Service Provider
  1. – depending on what is applicable in a given case and what is the latest:
  2. The Service Recipient has the right to demand:
  • access to his personal data,
  • corrections,
  • deletion,
  • processing restriction,
  • transferring data to another administrator as well as the right to:
  • object at any time to the processing of data for reasons related to the special situation of the Service Recipient – to the processing of personal data concerning him, based on art. 6 sec. 1 lt. f of EU General Data Protection Regulation 2016/679 (i.e., on legitimate interests pursued by the Seller).
  1. In order to exercise his rights, the Service Recipient should contact the Service Provider.
  2. If the Service Recipient considers that his data is being processed unlawfully, the Service Recipient may submit a complaint to the President of the Office for Personal Data Protection.

§ 8 OBJECTIONS

  1. The Service Recipient is forbidden to provide illegal content.
  2. The Account maintenance agreement is concluded in Polish.
  3. In the event of important reasons referred to in par. 4, the Service Provider has the right to change the Regulations.
  4. Important reasons referred to in sec. 3 are:
  • the need to adapt the Store to the provisions of law applicable to the operation of the Store;
  • improving the security of the service provided;
  • change of the functionality of the Account, requiring modification of the Regulations.
  1. The Service Recipient will be informed about the planned change to the Regulations at least 7 days before the change comes into force via an e-mail sent to the address assigned to the Account.
  2. If the Service Recipient does not accept the planned change, he should inform the Service Provider by sending an appropriate message to the Service Provider’s e-mail address customercare@benustudio.com, which will result in termination of the contract regarding the maintenance of the Account upon the entry into force of the planned change or earlier, if the Service Recipient submits such a request.
  3. In a situation where the Service Recipient does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to the termination of the contract in the future.
  4. The Store’s regulations apply to orders placed in the Store using Points.
  5. In the event of a possible dispute with a Service Recipient who is not a Privileged Service Recipient, the court of proper local jurisdiction will be the court for the seat of the Service Provider.

Newsletter regulations

of BENU store

TABLE OF CONTENT

§ 1 Definitions

§ 2 Newsletter

§ 3 Complaints

§ 4 Personal Data

§ 5 Final provisions

§ 1 DEFINTIONS

Consumer – a consumer within the meaning of the Act of April 23,  1964, Polish Civil Code.

Newsletter – a service provided free of charge by electronic means, thanks to which the Service Recipient can receive from the Service Provider by electronic means previously ordered messages regarding the Store, including information about offers, promotions and news in the Store. 

Store – BENU online store run by the Service Provider at https://benustudio.com

Service Recipient – any entity using the Newsletter service. 

Privileged Service Recipient– a Service Recipient who is a Consumer or a natural person concluding an agreement with the Service Provider directly related to its business activity, but not of a professional nature for it.

Service Provider – ZUZANNA STEFANIA BADURA-PIĘTAK, ZUZANNA STEFANIA BADURA-PIĘTAK, an entrepreneur conducting business activity under the name BB ZUZANNA BADURA-PIĘTAK, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 6342725560, no. REGON 369383950, ul. Parkowa 7, 40-590 Katowice.

§ 2 Newsletter

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. 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.
  3. E-mails sent as part of this service will be sent to the e-mail address provided by the Service Recipient at the time of subscribing to the Newsletter.
  1. In order to conclude a contract and subscribe to the Newsletter service, the Service Recipient, in the first step, provides his e-mail address to which he wants to receive messages sent as part of the Newsletter in the designated place in the Store. At the time of subscribing to the Newsletter, a contract for the provision of services is concluded for an indefinite period, and the Service Provider will start providing it to the Service Recipient – subject to section 5.
  2. In order to properly implement the Newsletter service, the Service Recipient is obliged to provide his correct e-mail address.
  3. 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.
  4. The Service Recipient may unsubscribe from the Newsletter, without giving a reason and incurring any costs, at any time, using the option referred to in paragraph 6 or by sending a message to the Service Provider’s e-mail address: customercare@benustudio.com.
  5. The use of the link to unsubscribe from the Newsletter by the Service Recipient or sending a message with a request to unsubscribe from the Newsletter will result in immediate termination of the contract for the provision of the service. 

§ 3 Complaints

  1. Complaints about the Newsletter should be reported to the Service Provider at the following e-mail address: customercare@benustudio.com.
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint. 

OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS

  1. If the complaint procedure does not bring the result expected by the Service Recipient who is a Consumer, the Consumer may use, among others, with:

§ 4 Personal data

  1. The administrator of personal data provided by the Service Recipient in connection with the subscription to the Newsletter is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU) on data protection – “GDPR“.
  2. The purpose of processing the Service Recipient data is to send the Newsletter. 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 Service Recipient, aimed at its conclusion (art. 6 sec. 1 lt. b of the GDPR), as well as the legitimate interest of the Service Provider, consisting in the processing of data in order to determine pursuing or defending any claims (art. 6 sec. 1 lt. f of the GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary to provide the Newsletter service. Failure to provide data means that the Service Provider will not be able to provide this service.
  4. The Service Recipient data will be processed until the moment when:
  • the Service Recipient will unsubscribe from the Newsletter;
  • the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Newsletter will cease;
  • the Service Recipient objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Service Provider
  1. – depending on what is applicable in a given case and what is the latest.
  2. The Service Recipient has the right to request:
  • access to your personal data,
  • corrections,
  • deletion,
  • processing restrictions,
  • transfer of data to another administrator as well as the right:
  • raise an objection at any time to the processing of data for reasons related to the special situation of the Service Recipient – to the processing of personal data concerning him, based on art. 6 sec. 1 lt. f GDPR (i.e., on legitimate interests pursued by the Service Provider).
  1. In order to exercise their rights, the Service Recipient should contact the Service Provider.
  2. If the Service Recipient considers that his data is being processed unlawfully, the Service Recipient may submit a complaint to the President of the Office for Personal Data Protection.

§ 5 Final provisions

  1. The Service Provider reserves the right to amend these regulations only for important reasons. An important reason is the need to change the regulations caused by the modernization of the Newsletter service or a change in the law, affecting the provision of the service by the Service Provider.
  2. Information about the planned change to the regulations will be sent to the Service Recipient’s e-mail address provided at the time of subscribing to the Newsletter at least 7 days before the changes are implemented.
  3. If the Service Recipient does not object to the planned changes until they come into force, it is assumed that he accepts them.
  4. In the absence of acceptance for the planned changes, the Service Recipient should send information about it to the Service Provider’s e-mail address: customercare@benustudio.com, which will result in the termination of the contract for the provision of the service upon the entry into force of the planned changes. 
  5. It is forbidden for the Service Recipient to provide unlawful content.
  6. The contract for the provision of the Newsletter service is concluded in Polish.
  7. In the event of a possible dispute with a Service Recipient who is not a Privileged Service Recipient, the competent court will be the court competent for the seat of the Service Provider.