Terms and conditions of the Newsletter and the Bonus of the online shop Annabelle Minerals

 

Table of Contents

Article 1 – Definitions

Bonus – digital content within the meaning of the Consumer Rights Act, provided free of charge to the Customer by the Service Provider under the Contract, for subscribing to the Newsletter (lead magnet). The type of Bonus is indicated in the Shop.
Consumer – a Customer who is a natural person who has entered into the Contract or is taking steps to enter into the Contract, without direct connection with his/her business or professional activity.
Contract – contract for the provision of the Newsletter and the delivery of the Bonus.
Customer – any entity that has entered into the Contract or is taking steps to enter into the Contract.
Newsletter – messages related to the Shop, including information about offers, promotions, and new products in the Shop, provided free of charge to the Customer by the Service Provider under the Contract, which constitute digital content within the meaning of the Consumer Rights Act.
Privileged Entrepreneur – a Customer who is a natural person concluding the Contract (or taking steps to conclude it) directly related to their business activity, but not of a professional nature for them.
Service Provider – BLM Spółka z ograniczoną odpowiedzialnością with its registered office at ul. gen. Stanisława Maczka 9, 43-300 Bielsko-Biała, Poland, entered in the National Court Register (KRS) under number 0000472024, NIP (VAT ID): PL9372667053, REGON: 243335940, share capital: PLN 5000.00; BDO: 000037094.
Shop – the Annabelle Minerals online store operated by the Service Provider at: https://www.annabelleminerals.com.
Terms and Conditions – this document.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.

Article 2 – Contact with the Service Provider

  1. Email: ask@annabelleminerals.com
  2. Phone: +48 533 265 783
  3. Correspondence addresses (depending on the country of residence):
    • Bulgaria / Greece: BLM Sp. z o.o. – Bigarena Fulfillment S.R.L., Olza Logistic, Goliamokonarsko shose 29, 4204 Plovdiv, Bulgaria
    • Croatia: Olzalogistic – BLM Sp. z o.o., Božidara Adžije 23/2, 10000 Zagreb, Croatia
    • Slovenia: GEX – Frogman / Olzalogistic – BLM Sp. z o.o., Miklavška cesta 59A, 2311 Hoče, Slovenia
    • Lithuania: Returns Venipak TM Vilniaus pl. 8, LT-94105 Klaipeda, Lithuania (phone for warehouse only: +370 700 55 221)
    • Latvia: Returns Venipak TM Mārupe, Kalniņi B, LV-2167 Riga, Latvia
    • Estonia: Returns Venipak TM Savi 20, EE-80040 Pärnu, Estonia
    • Other EU countries: BLM Sp. z o.o., ul. gen. Stanisława Maczka 9, 43-300 Bielsko-Biała, Poland
  4. The cost of telephone calls or data transmission made by the Customer depends on the rates of their telecommunications or internet service provider. The Service Provider notes that international calls or data transmissions may incur higher costs than domestic ones, depending on the Customer’s tariff plan.

Article 3 – Technical Requirements

  1. In order to use the digital content covered by these Terms and Conditions, it is necessary to have:
    • an active email account;
    • a device with Internet access;
    • a web browser that supports JavaScript and cookies.
  2. If the Bonus is a downloadable file, additional software that allows viewing or playing such files may be required, as well as a specific amount of free space on the Customer’s device as indicated in the Shop’s Bonus description.

Article 4 – Contract

  1. The Customer may voluntarily subscribe to the Newsletter and receive the Bonus.
  2. In order to receive the Newsletter and the Bonus, it is necessary to conclude the Contract.
  3. Emails sent under the Contract will be delivered to the email address provided by the Customer when entering into the Contract.
  4. To conclude the Contract, the Customer shall provide in the designated field in the Shop their email address to which they wish to receive messages sent under the Contract. Upon subscribing to the Newsletter, the Contract for an indefinite period shall be deemed concluded, and the Service Provider shall commence its performance for the Customer – subject to paragraph 5 below.
  5. For proper performance of the Contract, the Customer must provide a valid email address.
  6. The Bonus shall be delivered to the Customer immediately after concluding the Contract, but not later than within 7 days from the conclusion of the Contract.
  7. The Newsletter will be delivered immediately after the Service Provider creates messages intended for the Customers.
  8. Messages sent as part of the Newsletter will include information about the possibility of unsubscribing, as well as a link to unsubscribe.
  9. The Customer may unsubscribe from the Newsletter at any time, without giving a reason and without incurring any costs, either by using the unsubscribe link referred to above or by sending a message to the Service Provider’s email address specified in Article 2.
  10. Using the unsubscribe link or sending a message requesting unsubscription will result in immediate termination of the Contract.

Article 5 – Complaints

I. General Provisions

  1. The Service Provider requests that complaints regarding digital content covered by these Terms and Conditions be submitted to the postal or email address indicated in Article 2.
  2. The Service Provider will respond to the complaint within 14 days from the date of receipt of the complaint.

II. Privileged Customers

  1. The Service Provider shall be liable to the Privileged Customer for the conformity of the provided content with the Contract, in accordance with generally applicable law, in particular the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Contract by the Service Provider, the Privileged Customer may exercise the rights provided for in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider fails to deliver the digital content covered by the Contract, the Privileged Customer may request delivery. If the Service Provider still fails to deliver the content promptly or within an additional, expressly agreed period, the Privileged Customer may withdraw from the Contract.
  4. The Privileged Customer may withdraw from the Contract without requesting delivery of the digital content if:
    • it is evident from the Service Provider’s statement or circumstances that the content will not be delivered; or
    • the Service Provider and the Privileged Customer agreed, or it is evident from the circumstances, that delivery by a specified date was essential to the Customer, and the Service Provider failed to deliver within that date.
  5. The Service Provider shall be liable for lack of conformity of the digital content with the Contract that:
    • for the Newsletter – occurred or became apparent during the period in which it was to be provided continuously;
    • for the Bonus – existed at the time of delivery and became apparent within two years from that time.
  6. If the digital content covered by these Terms and Conditions is not in conformity with the Contract, the Privileged Customer may request that it be brought into conformity with the Contract.
  7. In the event of non-conformity of the digital content, the Privileged Customer shall cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, to determine whether the lack of conformity results from the digital environment of the Customer.
  8. Furthermore, if the digital content is not in conformity with the Contract, the Privileged Customer may withdraw from the Contract if:
    • bringing the content into conformity is impossible or involves excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
    • the Service Provider failed to bring the content into conformity within a reasonable time after being informed of the non-conformity, and without undue inconvenience for the Customer;
    • the non-conformity persists despite the Service Provider’s attempt to correct it;
    • the non-conformity is so substantial that it justifies withdrawal from the Contract without first requesting correction under Article 43m of the Consumer Rights Act;
    • it is evident from the Service Provider’s statement or circumstances that the Service Provider will not bring the content into conformity within a reasonable time or without undue inconvenience for the Customer.

III. Out-of-court complaint and redress procedures

  1. The Service Provider informs Consumers about the possibility to use out-of-court procedures for complaint resolution and claim pursuit. Rules of access to such procedures are available at the offices or websites of authorized entities.

    Consumers may use, among others, assistance from the European Consumer Centres Network. These Centres provide information on consumer rights and help resolve cross-border disputes. Assistance is generally free of charge. A list of Centres can be found at: European Consumer Centres Network.

    In the Republic of Poland, Consumers may also benefit from:
    • Mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, upon request for mediation. The procedure is generally free of charge. List of inspectorates: uokik.gov.pl
    • Assistance from a permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection. Requests for arbitration should be submitted there. The procedure is generally free of charge. List of inspectorates: uokik.gov.pl
  2. The above provision is for information only and does not oblige the Service Provider to use such procedures.
  3. The use of out-of-court complaint and redress methods is voluntary for both the Service Provider and the Consumer.
  4. Consumers may also use free assistance from municipal or district consumer advocates in the Republic of Poland.

Article 6 – Right of Withdrawal

  1. The Privileged Customer has the right to withdraw from the Contract concluded with the Service Provider within 14 days, without giving any reason.
  2. The withdrawal period expires 14 days after the date of conclusion of the Contract.
  3. To exercise the right of withdrawal, the Privileged Customer must inform the Service Provider, using the contact details provided in Article 2, of their decision to withdraw from the Contract by way of an explicit statement (for example, a letter sent by post or email).
  4. The Privileged Customer may use the model withdrawal form attached at the end of these Terms and Conditions, though this is not obligatory.
  5. To meet the withdrawal deadline, it is sufficient to send the withdrawal notice before the expiry of the 14-day period.

Article 7 – Personal Data

  1. The Service Provider is the controller of the personal data provided by the Customer in connection with the Contract. Detailed information regarding the processing of personal data – including purposes, legal bases, data recipients, and Customer rights – can be found in the Privacy Policy available in the Shop, in accordance with the transparency principle provided by the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purposes of processing Customer data are:
    • Performance of the Contract – the legal basis for processing personal data in this case is the Contract or actions taken at the Customer’s request prior to entering into the Contract (Article 6(1)(b) GDPR);
    • Analysis of the effectiveness of messages sent under the Contract, to establish general principles for effective communication in the Service Provider’s business – the legal basis for processing is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR);
    • Establishment, exercise, or defence of potential claims related to the Contract – the legal basis for processing is also the Service Provider’s legitimate interest (Article 6(1)(f) GDPR).
  3. The provision of data by the Customer is voluntary, but necessary for concluding the Contract and providing the digital content covered by it. Failure to provide data will result in the inability to conclude the Contract and deliver the content.
  4. Customer data will be processed until:
    • the Contract ceases to be valid,
    • the limitation period for claims related to the Contract expires, or
    • the Customer’s objection to processing is accepted – if the processing is based on the Service Provider’s legitimate interest,
    depending on which occurs later.
  5. The Customer has the right to request:
    • access to their personal data,
    • rectification of their data,
    • erasure of their data,
    • restriction of processing,
    • transfer of data to another controller.
    The Customer also has the right to object at any time, on grounds relating to their particular situation, to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. legitimate interests of the Service Provider).
  6. To exercise these rights, the Customer should contact the Service Provider using the contact details provided in Article 2.
  7. If the Customer considers that their personal data is being processed unlawfully, they may lodge a complaint with the competent supervisory authority. For Poland, this is the President of the Personal Data Protection Office.

Article 8 – Changes to the Terms or the Newsletter

  1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons. An important reason means:
    • changes in the functionality of the Newsletter requiring modification of the Terms,
    • changes in applicable law affecting the performance of the Contract by the Service Provider,
    • adjustments to recommendations, rulings, guidelines, or decisions of competent public authorities,
    • changes in the Service Provider’s contact or identification details.
  2. Information about planned amendments to the Terms and Conditions shall be sent to the Customer’s email address provided when entering into the Contract, at least 7 days before the amendments take effect.
  3. If the Customer does not object to the amendments before they take effect, the Customer is deemed to have accepted them. This does not prevent future termination of the Contract.
  4. If the Customer does not accept the amendments, they must notify the Service Provider via the email address specified in Article 2. In such a case, the Contract will be terminated upon the effective date of the amendments.
  5. Due to the one-time nature of the Bonus delivery, any amendments to the Terms will not affect the Contract insofar as it concerns the Bonus already provided.
  6. The Service Provider may also change the Newsletter (not affecting its compliance with the Contract) for one of the reasons listed above or due to functional improvements. Such changes will not incur costs for the Customer. Provisions of paragraphs 2–4 apply accordingly.
  7. If such a change significantly and negatively affects the Customer’s access to or use of the Newsletter, the Service Provider shall notify the Customer by email, on a durable medium, in advance, specifying the nature and date of the change and the Customer’s rights.

Article 9 – Final Provisions

  1. The Customer shall not provide any unlawful content.
  2. The Contract is concluded in English.
  3. The Contract concluded under these Terms and Conditions shall be governed by Polish law, subject to paragraph 4.
  4. The choice of Polish law shall not deprive Consumers of protection afforded by mandatory provisions of the law applicable in their country of residence. If such national law provides broader protection, it shall prevail.
  5. In case of any disputes with Customers who are not Consumers, the competent court shall be that having jurisdiction over the registered office of the Service Provider.
  6. None of these Terms exclude or limit the rights of Consumers under applicable laws.
  7. A natural person concluding or intending to conclude the Contract directly related to their business, but not of a professional nature for them, shall be treated as a Consumer and entitled to the same rights, except as provided in Article 5 (Out-of-court procedures) and paragraph 4 of this Article.

Appendix 1 to the Terms and Conditions

Below is a model withdrawal form that the Consumer may, but is not required to, use:

Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)

To:
BLM Spółka z ograniczoną odpowiedzialnością
ul. gen. Stanisława Maczka 9
43-300 Bielsko-Biała, Poland
Email: ask@annabelleminerals.com

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*) / for the supply of digital content in the form of (*):

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

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– Date of contract conclusion(*):

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– Name of Consumer(s):

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– Address of Consumer(s):

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Signature of Consumer(s)
(only if this form is submitted in paper form)

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

(*) Delete as appropriate.