Newsletter Terms & Conditions
§1 Introduction
These terms and conditions define the rules for using the newsletter and the terms for entering into, executing, and terminating agreements between the Service Provider and the Service Recipient, as well as their rights and obligations.
§2 Definitions
The following terms shall have the meanings set forth below:
1. Consumer
A natural person who performs a legal action with the Service Provider not directly related to their business or professional activities.
2. Materials
Content and digital services provided to the Service Recipient by the Service Provider as part of the Newsletter. Digital services will also constitute electronic services within the meaning of the Polish Act on Electronic Services.
3. Newsletter
An Electronic Service involving the periodic sending of Materials to the Service Recipient.
4. Terms and Conditions
Refers to these Newsletter Terms and Conditions available on the Website.
5. GDPR
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the European Union, 4 May 2016 – hereinafter: GDPR).
6. Copyright Act
The Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2022, item 2509).
7. Non-professional Individual (PNPK)
A natural person entering into a contract with the Service Provider, where it is evident from the contract's content that it does not have a professional character for them, particularly arising from the subject of their business activity as disclosed in the Central Register and Information on Business Activity regulations.
8. Website
Refers to the website available at https://anaspero.com.
9. Electronic CommunicationMeans
Technical solutions, including ICT devices and software tools cooperating with them, enabling individual remote communication using data transmission between ICT systems, particularly via email.
10. Digital Content
Data produced and provided in digital form within the meaning of Article 2(5) of the Polish Consumer Rights Act.
11. Service Recipient Content
Content provided or created by the Consumer or Non-professional Individual (PNPK) while using digital services.
12. Agreement
The Agreement for the provision of the Newsletter service.
13. Agreement for the Provision of Electronic Services
An agreement under which the Service Provider provides Electronic Services to the Service Recipient.
14. Digital Service
Means a digital service within the meaning of Article 2 point 5(a) of the Polish Consumer Rights Act, i.e., a service that allows the Service Recipient to:
a) create, process, store, or access data in digital form,
b) share digital data transmitted or created by the Service Recipient or other
users of this service,
c) other forms of interaction using digital data.
15. Polish Consumer Rights Act (U.p.k.)
The Act on Consumer Rights dated 30 May 2014 (consolidated text: Journal of Laws of 2023, item 2759, as amended).
16. Service Recipient
A natural person with full legal capacity, a legal entity, or an organizational unit without legal personality, who enters into or intends to enter into an Agreement, including a Consumer or a Non-professional Individual (PNPK).
17. Service Provider
ANASPERO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw (02-521) at Rakowiecka 39A/6, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0001024896, holding NIP: 5214010300 and REGON: 52472586100000.
18. Work
A manifestation of creative activity of an individual nature established in any form, regardless of value, purpose, and method of expression, within the meaning of Article 1 of the Copyright Act.
§3 General Provisions
- The Service Provider makes Materials available to the Service Recipient via the provided email address.
- Before entering into the Agreement and the Agreement for the Provision of Electronic Services, the Service Recipient is required to read these Terms and Conditions.
- The Service Provider has made these Terms and Conditions available to the Service Recipient on the Website free of charge in a manner that allows them to be acquired, reproduced, and stored using the IT system used by the Service Recipient.
- Acceptance of the Terms and Conditions is voluntary but is a prerequisite for using the Newsletter (entering into the Agreement).
- According to Article 6 point 1 of the Polish Act on Electronic Services, the Service Provider informs that using services provided electronically may involve specific risks related to the potential loss of data availability, confidentiality, or integrity. To minimize these risks, the Service Provider recommends that Service Recipients use organizational and technical measures appropriate to the identified risks, such as antivirus programs or tools that protect online identification.
- To enter into an Agreement, the Service Recipient must provide true and complete personal data.
- Contact with the Service Provider is possible via email: contact@anaspero.com
- Due to the fact that email programs may consider messages sent from mailing tools as SPAM, please add the Service Provider to your list of trusted senders.
- The Newsletter service is provided for an indefinite period.
§4 Technical Requirements
- To use the Website, including receiving the Newsletter, the Service Recipient must meet all of the following technical requirements:
a) Have a device with constant access to the Internet (e.g., computer, laptop, smartphone);
b) A standard operating system;
c) A tool capable of handling the format in which digital content will be delivered in HTML;
d) A browser installed on the device mentioned in point a) in the latest version provided by the supplier, particularly Google Chrome, Mozilla Firefox, Safari, Microsoft Edge in the latest available version;
e) Access to email, i.e., having an active email address during the period of entering into and performing the Agreement or Agreement for the Provision of Electronic Services, allowing the receipt and sending of messages via electronic means of communication in the form of email.
§5 Conclusionof the Agreement
- To conclude the Agreement, the Service Recipient must meet the following requirements:
a) The Agreement is concluded for an indefinite period.
b) The Agreement terminates upon its execution. - The Agreement is concluded for an indefinite period.
- The Agreement terminates upon its execution.
- Access to Materials is possible, at the choice of the Service Recipient, free of charge by entering into the Agreement, i.e., subscribing to the Newsletter.
- The free Agreement is concluded when all the conditions specified in paragraph 1 of this section are jointly met.
- The Agreement may be terminated by sending a relevant request to the Service Provider, for example, by email at: contact@anaspero.com.
§6 Execution of the Newsletter Order
- Through the Newsletter, Materials will be delivered, which will include information about the Service Provider commercial and marketing content, proposals for the purchase of products and/or services offered by the Service Provider and/or third-party companies, as well as presentations of offers, promotions and business opportunities.
- If digital content (e.g., e-book, audiovisual materials) is sent within the Newsletter, the Service Recipient will be able to access it in the manner specified in the email (e.g., by downloading the digital content).
- The Service Provider delivers Materials to the Service Recipient immediately after the Agreement is concluded – in the case of a free Agreement.
- Materials are considered delivered at the moment when:
a) The digital content or means that allows access to or downloading of the digital content is made available to the Service Recipient or a physical or virtual device that the Service Recipient has independently chosen for this purpose, or when the Service Recipient or such device has gained access to it; or
b) The Service Recipient or a physical or virtual device that the Service Recipient has independently chosen for this purpose has gained access to the digital service.
c) Materials are delivered in the version valid on the date of their delivery. The Service Provider does not guarantee updates unless otherwise specified in the description of the Materials. - The Service Provider is entitled to make changes to the Materials that are not necessary to maintain the conformity of the Materials with the Agreement unless the Materials are delivered only once. The introduced changes must not incur any costs for the Consumer or Non-professional Individual (PNPK).
- Changes to the Materials provided to the Consumer or Non-professional Individual (PNPK) will be made for justified reasons such as:
a) Changes in the law, its interpretation, issuance of a ruling or decision by a competent court or authority;
b) Changes involving adding, modifying, or removing features of the Newsletter or Materials. - The Service Provider will inform the Consumer or Non-professional Individual (PNPK) clearly and understandably about the changes made.
- If a change to the Materials significantly and negatively affects the Consumer's or Non-professional Individual's (PNPK) access to or use of the Materials, the Service Provider will inform them in advance, at least 7 (seven) calendar days, on a durable medium, about the nature and timing of the change and their rights.
- In the case referred to in paragraph 8, the Consumer or Non-professional Individual (PNPK) may terminate the Agreement without notice within 30 (thirty) days from the date of the change or notification about the change, if the notification was given after the change. This right does not apply if the Service Provider has provided the Consumer or Non-professional Individual (PNPK) the right to retain the Materials without additional costs in an unaltered state compliant with the Agreement.
- The Service Provider is responsible for fulfilling obligations in accordance with the Agreement.
- The conditions for using the Service Provider’s copyrights to the Materials as works are defined in § 8.
§7 Discount
- Service Recipients who have entered into an Agreement with the Service Provider in accordance with § 5 above will receive a unique discount code at the email address provided during the conclusion of the Agreement.
- The discount code entitles the Service Recipient to use a one-time discount.
- The discount is applied by reducing the price of Goods by 5 % off their regular price. The discount does not cover delivery costs. To use the discount, the Service Recipient must enter the discount code in the appropriate field “I have a discount code” during the online store checkout process.
- The discount code is valid for 30 days from the date of receipt of the email.
§8 Copyrights
- The Service Provider declares that the Materials, as well as other content available on the Website, may constitute works to which the Service Provider or other authorized entities hold intellectual property rights.
- The Service Provider informs the Service Recipient that the use of the Materials or other protected content without the permission of the Service Provider or other authorized entity, excluding use under the right of personal use, will constitute an infringement of intellectual property rights.
§9 Termination of the Agreement
- The Service Recipient may unsubscribe from the Newsletter at any time by:
a) Clicking the link provided in the email sent by the Organizer as part of the Newsletter service (the Service Recipient should click on the link in the email message that says "I want to unsubscribe from the Newsletter");
b) Sending an email to: contact@anaspero.com indicating the desire to terminate the Agreement.
§10 Liability for Compliance of Digital Services with theAgreement
- If the Electronic Services provided by the Service Provider also constitute Digital Services, the provisions of this section apply.
- Liability for defects in Digital Services, as referred to in the provisions of the Civil Code, is excluded in the case of Agreements entered into by Users other than Consumers or Non-professional Individuals (PNPK).
- For Agreements entered into by Consumers or PNPK, the provisions on liability for the compliance of Digital Services with the Agreement, contained in the Consumer Rights Act, apply, taking into account the provisions of these Terms and Conditions.
- The Service Provider is liable to the Consumer and PNPK for the compliance of the Digital Services with the Agreement. Compliance of Digital Services with the Agreement is assessed according to the provisions of the Consumer Rights Act.
- In the case of Digital Services:
a) Delivered once or in parts – the Service Provider is liable for any lack of compliance of the Digital Services with the Agreement that existed at the time of delivery and that manifests itself within two years from that moment;
b) Delivered continuously – the Service Provider is liable for any lack of compliance of the Digital Services with the Agreement that occurred or became apparent during the time they were to be delivered under the Agreement. - If the Service Provider delivers Digital Services continuously, the Digital Services must remain compliant for the duration of their delivery as specified in the Agreement.
§11 Bringing Digital Services into Compliance with the Agreement and Withdrawalfrom the Agreement
- If the Digital Services are not in compliance with the Agreement, the Consumer or PNPK may request that the Digital Services be brought into compliance with the Agreement.
- If bringing the Digital Services into compliance with the Agreement is impossible or would require disproportionate costs for the Service Provider, the Service Provider may refuse to bring the Digital Services into compliance with the Agreement.
- The Service Provider shall bring the Digital Services into compliance with the Agreement within a reasonable time, not exceeding 21 days from the moment the Service Provider was informed by the Consumer or PNPK about the non-compliance of the Digital Services with the Agreement, and without causing excessive inconvenience to the Consumer or PNPK, considering the nature of the services and their intended use.
- The Service Provider bears the cost of bringing the Digital Services into compliance with the Agreement.
- If the Digital Services are not in compliance with the Agreement, the Consumer or PNPK may submit a statement of withdrawal from the Agreement if:
a) The Service Provider refused to bring the Digital Services into compliance with the Agreement;
b) The Service Provider did not bring the Digital Services into compliance with the Agreement;
c) The non-compliance of the Digital Services with the Agreement persists despite attempts by the Service Provider to bring them into compliance;
d) The non-compliance of the Digital Services with the Agreement is significant enough to justify withdrawal from the Agreement without first using the remedies mentioned in § 10, paragraph 1;
e) It is evident from the Service Provider's statement or the circumstances that they will not bring the Digital Services into compliance within a reasonable time or without causing excessive inconvenience to the Consumer or PNPK. - Since the User is not required to pay for the Digital Services provided, the User is not entitled to submit a statement for a price reduction due to non-compliance of the Digital Services with the Agreement.
§12 Withdrawal without Stating Reasons
- The Consumer or PNPK has the right to withdraw from an Agreement entered into via the Website without stating a reason within 14 days from the date of entering into the Agreement.
- To withdraw from the Agreement, the Consumer or PNPK must inform the Service Provider of their decision to withdraw from the Agreement by means of a clear statement – for example, by sending a letter via postal mail or email.
- The Consumer or PNPK may use the model withdrawal form; however, it is not mandatory. The model withdrawal form is provided in Appendix 1 to these Terms and Conditions.
- To meet the withdrawal deadline, it is sufficient for the Consumer or PNPK to send the information regarding their right to withdraw from the Agreement before the withdrawal period expires.
§13 Complaints
- The Service Recipient is entitled to file a complaint regarding the Electronic Services or Materials by:
a) Using electronic communication to the following email address: contact@anaspero.com;
b) In writing or in person at the Service Provider's registered office, i.e., ANASPERO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, located in Warsaw (02-521), Rakowiecka 39A/6. - The Service Provider recommends that the Service Recipient include the following information in the complaint:
a) Name, surname;
b) Contact information;
c) A brief description of the situation. - The Service Provider will promptly acknowledge receipt of the complaint at the email address provided by the Service Recipient (email).
- The Service Recipient’s complaint will be resolved within 14 days of receipt.
- The Service Recipient will receive a response to the complaint at the contact provided when the complaint was filed.
- If the Service Provider has not delivered the Materials, the Consumer or PNPK may request that the Service Provider deliver them. If, despite the request, the Service Provider does not deliver the Materials immediately or within an additional period agreed upon by the parties, the Consumer or PNPK may withdraw from the Agreement. The Consumer or PNPK may withdraw from the Agreement without making such a request if:
a) It is evident from the Service Provider's statement or the circumstances that the Service Provider will not deliver the Materials;
b) The parties have agreed, or it is evident from the circumstances of entering into the Agreement, that the specified time of delivery was of significant importance to the Consumer or PNPK, and the Service Provider did not deliver them within this period.
§14 Out-of-Court Dispute Resolution
- The Service Provider informs that the Consumer or PNPK has the right to out-of-court dispute resolution, as well as pursuing claims.
- Using out-of-court dispute resolution and pursuing claims by the Consumer or PNPK is possible, particularly:
a) Before permanent arbitration courts at Provincial Trade Inspection Inspectorates. Detailed information on access methods and applicable procedures can be found on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php;
b) Through mediation conducted by provincial trade inspection inspectorates and their branches. A mediator, maintaining impartiality and reliability, will be an employee of the inspectorate. Detailed information about access methods and applicable procedures is available at the offices and websites of individual Provincial Trade Inspection Inspectorates. - The Consumer or PNPK may also seek assistance from a district consumer ombudsman. District consumer ombudsmen are available at district offices or city offices (in cities with district rights). Detailed information on this matter is available at: https://uokik.gov.pl/rzecznicy-konsumentow.
- The Consumer has the right to file a complaint via the EU's Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
§15 Personal Data
- The Service Provider is the controller of the personal data of Service Recipients, their representatives, or persons designated by them for contact.
- Detailed information about personal data processing and the use of cookies is available in the privacy policy available at: https://anaspero.com/pages/privacy-and-cookies-policy.
§16 Amendments to the Terms and Conditions
- The Service Provider is entitled to amend the Terms and Conditions for valid reasons, particularly due to:
a) The need to adapt the Terms and Conditions to changes in the law, recommendations, interpretations, or guidelines of the competent courts or authorities;
b) The issuance of a judgment by a competent common court or a decision by a competent authority that may affect the rights or obligations of the Service Provider or the Service Recipient. - The amended Terms and Conditions will be published on the Website at https://anaspero.com/ Each version of the Terms and Conditions includes information on the effective date.
- Additionally, the Service Provider will notify the Service Recipient of the planned amendment to the Terms and Conditions at the email address provided by them.
- The amended Terms and Conditions will come into effect 14 (fourteen) calendar days from the date of notification to the Service Recipient in accordance with paragraph 3, unless a shorter period is necessary due to mandatory legal provisions or obligations imposed on the Service Provider based on a court judgment or a decision by an authority.
- If the Consumer or PNPK does not accept the amendment to the Terms and Conditions, they will inform the Service Provider of their decision in a manner of their choosing.
§17 Final Provisions
- These Terms and Conditions are governed by Polish law and have been prepared in accordance with Polish law.
- In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law will apply.
- Disputes between the Service Provider and the Service Recipient who is not a Consumer or PNPK will be resolved by the common court with jurisdiction over the location of the Service Provider's registered office. In the case of disputes with a Consumer or PNPK, jurisdiction will be determined by general principles.
- These Terms and Conditions are effective from 1.10.2024.