Newsletter
TERMS AND CONDITIONS OF THE NEWSLETTER
www.estika.pl
Effective from March 1, 2025
1. The Terms and Conditions set out the rules for the use of the Newsletter service. The provisions of use and transcription for the Newsletter, the conclusion of contracts for the provision of content[1] in connection with subscription to the Newsletter, as well as the submission and processing of complaints within the Service[2].
2. The Service Provider shall make the Terms and Conditions[3] available free of charge to the User/Recipient[4]prior to the commencement of use of the Newsletter service within the Service, in particular in the footer of the Service or at the Newsletter transcription form. The User/Recipient may record the content of the Terms and Conditions in a manner convenient to them, e.g., by recording on a durable medium or by printout.
3. The condition for the use of the Newsletter and the conclusion of the Newsletter Content Delivery Agreement is the acceptance of the provisions of these Terms and Conditions. By accepting it, the user agrees to all provisions and undertakes to abide by them. In it, the User/Recipient agrees to receive marketing and commercial information by means of electronic communication (email) as defined by the provisions of law[5].
4. Information about the contents on the Website, in particular their descriptions, technical parameters, and prices, do not constitute an offer within the meaning of the Civil Code, but is only an invitation to conclude a contract
within the meaning of the Civil Code[6] (Invitation to conclude a contract; advertisements, announcements, price lists - Article 71 of the Civil Code).
5.The Newsletter Service is provided by:
FIDELI spółka z ograniczoną odpowiedzialnością, a limited liability company based in Wolsztyn, ul. Żeromskiego 16, 64-200 Wolsztyn, Republic of Poland, Wielkopolskie Voivodeship, registered by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 9th Economic Department of the National Court Register under number: KRS 0000386542; share capital in the amount of: PLN 5,000.00; Tax Identification No. NIP 9231687378, National Business Registry No. REGON: 301745365, owner of online store: www.estika.pl, email address: cs@estika.eu, phone: +48 514 514 815 (hereinafter:). "Estika").
6. The Newsletter service consists of sending by Estika established information to a given email address in the form of an email message, hereinafter referred to as "Newsletter". The Newsletter service is free of charge.
7. The Newsletter contains information about the offer, Estika products, new proposals, current promotions,
including reviews, press releases, and suggested links.
8. The Newsletter is sent no more often than once a week.
9. Each Newsletter contains:
1) information about Fideli Sp. z o.o. based in Wolsztyn, owner of the online store www.estika.pl as the sender of the Newsletter,
2) the subject of the shipment defines the content of a given Newsletter,
3) information on the manner of resignation from the Newsletter service or change of email address to which the Newsletter was subscribed.
10. Use of the Newsletter service requires a multimedia device (computer, laptop, tablet, smartphone or other mobile device) with access to the Internet and an active email account.
11. The User/Recipient has the option to subscribe to the Newsletter by completing the Newsletter subscription form available on the Website or by checking the appropriate consent box during the purchase procedure
in the Service Provider's online store (Estika). To subscribe to the Newsletter and use the Newsletter service, the User/Recipient must register on the website www.estika.pl.
1) entering your email address in the appropriate field on the website,
2) agreeing to receive commercial information to the email address provided in the form,
3) accepting these Terms and Conditions of the Estika Newsletter,
4) clicking on the "SIGN UP" button,
5) clicking the link provided in the email from Estika welcoming the User to the Newsletter service to confirm registration.
The User/Recipient must also voluntarily agree to:
- accept the Newsletter Terms and Conditions and Privacy Policy by checking the appropriate box (acceptance is necessary for the Newsletter service to be available to the User/Recipient),
- other consents, if available (optional).
13. The User/Recipient must confirm the desire to subscribe. Clicking on the registration confirmation link will add the User/Recipient's email address to the mailing list.
14. The User/Recipient must provide an email address when subscribing to the Newsletter. No other personal data is required, but the User/Recipient may provide such data at their own discretion, and the processing of data is subject to the aforementioned consent. Personal data is used to create a profile of the User/Recipient and to enable customization of the Newsletter content to their needs. The Newsletter service prohibits the transmission of unlawful content.
15. The User/Recipient is not entitled to use the Newsletter service either under a pseudonym or anonymously; the User/Recipient is obliged to provide only correct personal data.
16. The rules for the use of other services, digital content, or the rules for the purchase of other goods (if available within the Service) are specified in the Terms and Conditions of Sale, to which the Service Provider refers in the footer of the Service.
17. The Controller of the users' personal data is FIDELI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a limited liability company based in WOLSZTYN (registered office and mailing address: ul. ŻEROMSKIEGO, 16, 64-200 WOLSZTYN), entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000386542; the registry court where the company's records are kept. DISTRICT COURT POZNAŃ - NOWY MIASTO I WILDA IN POZNAŃ, 9th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER; TAX ID NO. NIP 9231687378, NATIONAL BUSINESS REGISTRY REGON: 301745365, email: cs@estika.eu, phone: +48 514 514 815. The aforementioned entity has appointed a Data Protection Officer, with whom the User/Recipient may contact for matters concerning the protection of their personal data and the processing of their rights, by writing to iod@estika.eu.
18. In accordance with Article 13(1) and (2) GDPR[7] and the Law of May 10, 2018 on Personal Data Protection[8]:
18.1 The Controller of the User's/Recipient's personal data is FIDELI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a limited liability company based in WOLSZTYN (registered office and mailing address: ul. ŻEROMSKIEGO, No. 16, 64-200 WOLSZTYN (POLAND) entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000386542; the registry court where the company's records are kept: DISTRICT COURT POZNAŃ - NOWY MIASTO I WILDA IN POZNAŃ, 9th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER; TAX ID NO. NIP 9231687378, NATIONAL BUSINESS REGISTRY REGON: 301745365, email address: cs@estika.eu, phone number: +48 514 514 815.
18.2. The aforementioned entity has appointed a Data Protection Officer, with whom the User/Recipient may contact for matters concerning the protection of their personal data and the processing of their rights, by writing to iod@estika.eu.
18.3. The User's personal data provided in the Newsletter Service order form will be processed on the basis of the agreement concluded between the User and the Controller, the conclusion of which occurs in the face of acceptance of these Terms and Conditions, on the basis of Article 6(1)(b) GDPR (necessary to conclude and/or perform the service).
18.4. Your personal data may also be processed for the following purposes and on the following legal grounds:
- processing of complaints or claims - based on Article 6(1)(b) GDPR (necessity to conclude and/or perform a contract);
- establish, assert or defend against claims - on the basis of Article 6(1)(f) GDPR (legitimate interest of the controller);
- Creation of records and registers related to the GDPR - based on Article 6(1)(c) of the GDPR (legal obligation) and Article 6(1)(f) of the GDPR (legitimate interest of the controller);
- archival and evidential purposes, for the purpose of securing information that can be used to prove facts - on the basis of Article 6(1)(f) of the GDPR (legitimate interest of the controller);
- for the purpose of direct marketing directed to the User - on the basis of Article 6(1)(f) GDPR (legitimate interest of the controller),
- for the purpose of sending electronic messages in the form of a Newsletter having the nature of marketing and commercial content - on the basis of Article 6(1)(a) GDPR (consent) and on the basis of Article 6(1)(f) GDPR (legitimate interest of the controller).
18.5. The indication of personal data is voluntary, but necessary for purposes related to the implementation of the Newsletter and the realization of the legitimate interests of the controller. Their failure to do so will make the conclusion and execution of the Newsletter service impossible.
18.6. The personal data of the User/Recipient will be processed for the period of performance of the service, as well as for the period of securing possible claims in accordance with generally applicable provisions of law. Thereafter, they will be deleted, unless the User/Recipient decides to use the services of the [9]
controller and leaves them on another basis and for the purpose indicated.
18.7. The User/Recipient's personal data will be shared with other data recipients, such as:
- services that provide IT system maintenance and hosting services,
- email service provider,
- provider of mailing service (Newsletter).
18.8. In connection with Fideli Sp. z o.o.'s use of information systems to support the activity of the aforementioned company, personal data of the User/Recipient may be imported to third countries, as defined in the Terms and Conditions on the protection of personal data, i.e. the United States of America, whereby the transfer and processing of such data in this territory will be based on standard clauses of data protection developed by the European Commission, guaranteeing an adequate level of protection of the user's data. They will be transferred only to recipients who guarantee the highest protection and security of the data, including through:
- cooperation with processors of personal data in countries for which a relevant decision of the European Commission has been issued,
- use of standard contractual clauses issued by the European Commission (as is the case with Google, for example),
- application of binding corporate rules approved by the relevant supervisory authority, or to those whose personal data you, the User, have consented to transfer.
18.9. The user/recipient has the right:
- access to the content of their data,
- their amendment,
- their rectification,
- deletion or restriction of processing,
- the right to object to processing,
- the right to data portability,
- the right to request access to data,
- as well as the right to lodge a complaint to the supervisory authority - the President of the Office for Personal Data Protection - if they consider that the processing of their data is incompatible with the current legal Terms and Conditions on data protection.
- The User/Recipient also has the right to be forgotten, if this processing is not provided for by the then-applicable law.
18.10. The user/recipient also has the right to withdraw consent at any time if they have provided their personal data based on consent. The revocation of consent shall not affect the processing of data that was carried out on the basis of consent prior to its revocation.
18.11. The User/Recipient's data will not be processed by automated means, including profiling within the meaning of the GDPR, which means that the controller will not make automated decisions that affect the User's rights and freedoms.
18.12. In order to ensure the security of the User/Recipient and the transfer of data in connection with the use of the Site, the Service Provider shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
18.13. Based on the personal data of the User/Recipient, Fideli Ltd. can profile the aforementioned individual, i.e., based on their place of residence, age, and gender, and present them with selected offers that may be of interest. The User/Recipient has the right at any time to object to the above action by cancelling the subscription to the service.
18.14. Thorough rules for the collection, processing, and storage of personal data used in order to process orders through the Website, and the cookie policy are described in the Privacy Policy and Cookies Policy, which are available at: https://estika.pl/en/information/privacy-policy.
19. The User/Recipient has the option at any time, for any reason and free of charge, to change the email address to which the Newsletter is sent, or to unsubscribe from the Newsletter, by clicking on the "Newsletter" button located in the footer of each Newsletter, and then entering the email address and selecting the "Log out" option. At each stage of contact with the Store (including with regard to content within the Newsletter contained in Sections 3 and 7 of these Terms and Conditions), the User/Recipient will be informed that they have a clear and explicit right to object to the use of their email address at any time.
20. The User/Receiver has the right to submit the subject complaint regarding the Newsletter service to the following email address: cs@estika.eu
21. It is recommended that complaints include: a description of the matter to which the complaint relates, the email address provided during registration for the Newsletter service and the email address and/
or postal address to which the response to the complaint is to be sent.
22. Fideli Sp. z o.o. will handle the complaint immediately, within 14 days from the date of receipt of the complaint from the User/Recipient. Fideli Sp. z o.o. will inform the User/Recipient on the outcome of the complaint, in accordance with the method requested when the complaint was filed. The preceding guideline is provided as an example and does not need to be followed; the complaint will not be violated if the User/Recipient does not adhere to it. If there are any deficiencies in the submitted complaint, Fideli Ltd. will inform you at the address indicated when submitting the complaint and ask you to complete the complaint.
23. Fideli Sp. z o.o. reserves the right to amend the Terms and Conditions. The User/Recipient will be informed of changes to the Terms and Conditions on the website https://estika.pl/en/information/newsletter, which will provide a list of changes that will remain on the website for a period of at least 14 consecutive calendar days. Changes to the Estika Terms and Conditions will also be announced in the Newsletter and in a message sent to the email address provided at the time of enrollment, containing details of the changes to the Terms and Conditions. Amendments to the Terms and Conditions will be announced at least 14 calendar days prior to the effective date of the amendments to the Terms and Conditions.
24. Amendments to the Terms and Conditions shall become binding on the date stated in the notice of amendment, but no later than 14 calendar days from the date of announcement of amendments to the Terms and Conditions. The amended Terms and Conditions will be binding for the User/Recipient if the User/Recipient does not resign from the Newsletter service within 14 days from the date of receiving information about the change.
25. Methods of resolving disputes without court involvement include (1) allowing the parties' positions to be brought closer together, such as through mediation; (2) proposing a solution to the dispute, such as through conciliation; and (3) settling the dispute and imposing a solution on the parties, such as through arbitration (arbitration court). Detailed information on the possibility for a customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, the rules of access to these procedures, and a friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
26. The Newsletter service agreement is concluded in accordance with Polish law. In the event that any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions. A choice of law does not result in depriving the consumer of the protection afforded to him under provisions that cannot be excluded by contract, by virtue of the law that would be applicable unanimously in the absence of the choice. If the rules that apply in the consumer's country are more favorable to the consumer, and these rules cannot be excluded by contract, they will apply
in a contract concluded through a Polish online store. In such a case, the service provider guarantees the consumer the protection afforded to him under the law, which cannot be excluded by contract.
27. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Copyright Law; the Act on the Provision of Electronic Services of July 18, 2002, the Act on Consumer Rights; and other relevant provisions of commonly applicable law, including the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (GDPR).
[1] email content, tips, tutorials, also in PDF and other formats, etc.
[2] available at www.estika.pl, through which the User/Recipient can subscribe to the Newsletter.
[3] These Newsletter Terms and Conditions,
[4] a natural person, a legal entity, or an organizational unit that is not a legal entity, to which individual Terms and Conditions grant legal capacity, using the Newsletter service.
[5] Act on the Provision of Electronic Services (dated October 10, 2024 , Journal of Laws of 2024, item 1513).
[6] of June 21, 2024 (Journal of Law 2024, item 1061).
[7] Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of individuals 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 EU.L No. 119, p. 1).
[8] of August 30, 2019 (Journal of Law 2019, item 1781),.
[9] provided by the Service Provider (Fideli Sp. z o.o. to the User/Recipient of the Newsletter, who has executed the Newsletter subscription and expressed proper consents for the processing of personal data, consisting of one-time and/or systematic delivery of Content within the Newsletter service.
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