Newsletter Terms and Conditions

in the online store BLUR.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or Newsletter
§ 9 Final Provisions
§ 10 Discount Codes

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person, who has concluded the Agreement or takes steps to conclude it, not directly related to their business or professional activity.

Newsletter – messages regarding the Store, including information on offers, promotions, and news in the Store, provided free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act.

Privileged Entrepreneur – a Service Recipient who is a natural person entering into the Agreement (or taking steps to conclude it), directly connected with their business activity but not of a professional nature for them.

Terms and Conditions – these terms and conditions.

Store – the BLUR online store operated by the Service Provider at www.go-blur.com.

Agreement – the agreement for the provision of the Newsletter.

Service Recipient – any entity that has concluded the Agreement or takes steps to conclude it.

Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.

Service Provider – Tomasz Jeleń, entrepreneur operating under the business name TMT Advisory Tomasz Jeleń, entered into the Central Register and Information on Economic Activity conducted by the minister responsible for economy, NIP 5272994483, REGON 521528775, ul. Jana Ostroroga 29/26, 01-163 Warsaw, Poland.

Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

Postal address: ul. Jana Ostroroga 29/26, 01-163 Warsaw, Poland
E-mail address: [email protected]
The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

To use the digital content covered by the Terms and Conditions, the following are required:
- an active e-mail account;
- a device with Internet access;
- a web browser supporting JavaScript and cookies.

§ 4 AGREEMENT

The Service Recipient may voluntarily subscribe to the Newsletter.
To receive the Newsletter, it is necessary to conclude an Agreement.
E-mail messages sent under the Agreement will be directed to the e-mail address provided by the Service Recipient at the time of concluding the Agreement.
To conclude the Agreement, the Service Recipient first provides their e-mail address in the designated place in the Store, to which they wish to receive messages under the Agreement. At the moment of subscription to the Newsletter, an Agreement is concluded for an indefinite period, and the Service Provider will begin its provision to the Service Recipient – subject to sec. 5.
For proper performance of the Agreement, the Service Recipient is required to provide their correct e-mail address.
The Newsletter is delivered immediately after the Service Provider creates messages intended for Service Recipients.
Messages sent under the Newsletter will contain information about the possibility of unsubscribing and a link to unsubscribe.
The Service Recipient may unsubscribe from the Newsletter without giving a reason and at no cost, at any time, using the option mentioned in the previous provision or by sending an e-mail to the Service Provider’s address provided in § 2 of the Terms and Conditions.
Use of the unsubscribe link or sending a message requesting to unsubscribe from the Newsletter will result in immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

The Service Provider requests that complaints regarding the digital content covered by the Terms and Conditions be submitted to the postal or e-mail address specified in § 2 of the Terms and Conditions.
The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS

The Service Provider is liable to the Privileged Service Recipient for the conformity of the service with the Agreement, as provided by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
In the event of improper performance of the Agreement by the Service Provider, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Service Recipient may request its delivery. If, despite this, the Service Provider does not deliver the digital content covered by the Agreement immediately or within an additional period expressly agreed upon by the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
The Privileged Service Recipient may withdraw from the Agreement without requesting delivery of the digital content covered by the Agreement if:
- it clearly follows from the Service Provider’s statement or circumstances that they will not deliver the digital content covered by the Agreement, or
- the Privileged Service Recipient and the Service Provider agreed, or it clearly follows from the circumstances of the Agreement, that a specific deadline for the delivery of the digital content was essential for the Privileged Service Recipient, and the Service Provider did not deliver it within that deadline.
The Service Provider is liable for the lack of conformity of the Newsletter with the Agreement, which – due to the continuous nature of its delivery – occurred or became apparent during the period in which it was to be delivered under this Agreement.
If the digital content covered by the Terms and Conditions is not in conformity with the Agreement, the Privileged Service Recipient may demand that it be brought into conformity with the Agreement.
In the event of a lack of conformity of the digital content covered by the Terms and Conditions with the Agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider, within a reasonable scope and using the least burdensome technical means for themselves, to determine whether the lack of conformity is due to the characteristics of the digital environment of the Privileged Service Recipient.
Additionally, if the digital content covered by the Terms and Conditions is not in conformity with the Agreement, the Privileged Service Recipient may submit a declaration of withdrawal from the Agreement if:
- bringing the digital content into conformity with the Agreement is impossible or requires excessive costs, pursuant to Article 43m (2) and (3) of the Consumer Rights Act;
- the Service Provider did not bring the digital content into conformity with the Agreement within a reasonable time after being informed by the Privileged Service Recipient of the lack of conformity, and without undue inconvenience for the Privileged Service Recipient, taking into account their nature and the purpose for which they are used;
- the lack of conformity with the Agreement of the digital content continues, despite the Service Provider’s attempt to bring it into conformity with the Agreement;
- the lack of conformity with the Agreement of the digital content is so significant that it justifies withdrawal from the Agreement without first using the remedy specified in Article 43m of the Consumer Rights Act (i.e. a request to bring the digital content into conformity with the Agreement);
- it clearly follows from the Service Provider’s statement or circumstances that they will not bring the digital content covered by the Terms and Conditions into conformity with the Agreement within a reasonable time or without undue inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT HANDLING AND CLAIM SETTLEMENT METHODS

The Service Provider informs the Consumer about the possibility of using out-of-court complaint handling and claim settlement methods. The rules for accessing these procedures are available at the premises or on the websites of entities authorized to handle disputes out of court. The Consumer may, among others, use:
- the assistance of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and assist in resolving disputes in the case of cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of Consumer Centres competent for each country is available at: https://konsument.gov.pl/eck-w-europie/
- the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr – however, the possibility of filing complaints via the ODR platform expires on 20 March 2025.
In addition, within the territory of the Republic of Poland, the following forms of support are available:
- mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
- assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case by an arbitration court. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
The preceding provision is for information purposes only and does not constitute an obligation of the Service Provider to use out-of-court dispute resolution methods.
The use of out-of-court complaint handling and claim settlement methods is voluntary for both the Service Provider and the Consumer.
The Consumer may also use the free assistance of a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The Privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
The withdrawal period expires 14 days after the date of conclusion of the Agreement.
In order to exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the Agreement by means of a clear statement (for example, a letter sent by post or email).
The Privileged Service Recipient may use the model withdrawal form attached at the end of the Terms and Conditions, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

The administrator of the personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for processing, as well as data recipients – can be found in the privacy policy available in the Store, in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.
The purpose of processing the Service Recipient’s data is:
1. performance of the Agreement; the legal basis for processing personal data in this case is the Agreement or actions taken at the request of the Service Recipient to conclude it (Article 6(1)(b) GDPR);
2. analysis of the effectiveness of messages sent under the Agreement, in order to determine general rules regarding effective communication in the Service Provider’s business; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR);
3. establishing, pursuing or defending potential claims related to the Agreement; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR).
Providing data by the Service Recipient is voluntary, but necessary for the conclusion of the Agreement and the delivery of digital content covered by it. Failure to provide data will result in the inability to conclude the Agreement and the Service Provider will not deliver the digital content covered by it.
The Service Recipient’s data will be processed until:
1. the Agreement expires;
2. the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Agreement ceases;
3. the Service Recipient’s objection to the processing of their personal data is accepted – in cases where the legal basis for processing was the legitimate interest of the Service Provider
– depending on which applies in a given case.
The Service Recipient has the right to request:
1. access to their personal data,
2. rectification,
3. erasure,
4. restriction of processing,
5. data portability to another controller as well as the right to:
6. 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 pursued by the Service Provider).
To exercise their rights, the Service Recipient should contact the Service Provider.
If the Service Recipient considers that their data is being processed unlawfully, they may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 AMENDMENTS TO THE TERMS OR NEWSLETTER

The Service Provider reserves the right to amend the Terms only for important reasons. An important reason shall mean the necessity to amend the Terms caused by:
1. a change in the functionality of the Newsletter requiring modification of the Terms, or
2. a change in the law affecting the performance of the Agreement by the Service Provider, or the adjustment of services to recommendations, guidelines, orders or prohibitions, judgments, rulings, interpretations or decisions of competent public authorities, or
3. a change in the Service Provider’s contact or identification details.
Information about the planned amendment to the Terms will be sent to the Service Recipient’s e-mail address provided at the conclusion of the Agreement at least 7 days before the changes take effect.
If the Service Recipient does not object to the planned changes before they come into effect, it shall be deemed that they accept them, which does not prevent termination of the Agreement in the future.
If the Service Recipient does not accept the planned changes, they should send information to the Service Provider’s e-mail address indicated in § 2 of the Terms, which will result in termination of the Agreement at the moment the planned changes take effect.
The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the Agreement, due to the reason indicated in section 1(b) or due to a change in the functionality of the Newsletter. The introduction of such a change will not involve any costs for the privileged Service Recipient. The provisions of sections 2–4 shall apply accordingly.
If the change referred to in the previous provision significantly and negatively affects the privileged Service Recipient’s access to or use of the Newsletter, the Service Provider shall send, in advance and on a durable medium, information to the privileged Service Recipient’s e-mail address regarding the features and timing of the change as well as the rights of the privileged Service Recipient in connection with the change.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide unlawful content.
The Agreement is concluded in the Polish language.
The Agreement concluded on the basis of these Terms shall be governed by Polish law, subject to section 4.
The choice of Polish law for an Agreement concluded on the basis of the Terms with a Consumer does not exclude or limit the rights of the Consumer granted under mandatory provisions of law applicable to that Consumer in cases where no choice of law has been made. This means, in particular, that if the national laws applicable to a given Consumer provide broader protection than that resulting from these Terms or Polish law – such broader protection shall apply.
In the event of any dispute with a Service Recipient who is not a privileged Service Recipient, related to the Agreement, the competent court shall be the court having jurisdiction over the Service Provider’s registered office.

§ 10 DISCOUNT CODES

The Service Provider may grant the Service Recipient a discount code in connection with subscribing to the Newsletter or as part of a promotional campaign conducted via the Store, social media, or other communication channels.
Information on the discount code, its percentage or value, validity period, minimum order value (if applicable), product range covered by the discount, and the method of use will be provided to the Service Recipient electronically, to the e-mail address given when subscribing to the Newsletter.
The discount code:
1. is one-time, unless otherwise stated;
2. cannot be exchanged for cash;
3. cannot be resold or commercially transferred to third parties;
4. cannot be combined with other codes, promotions, or discounts, unless the conditions of a given promotion state otherwise.
In the case of returning a product purchased with a discount code, the refund amount will include the discount – i.e. the refund will cover only the amount actually paid by the Service Recipient. The discount code used in the purchase will not be reactivated.
The Service Provider reserves the right to invalidate the discount code if:
1. the Service Recipient unsubscribes from the Newsletter before using the code, and the code was granted solely in connection with active participation in the Newsletter;
2. there is a justified suspicion that the code was obtained dishonestly, in violation of the Terms, or through multiple subscriptions by the same User using different e-mail addresses or fictitious data.
In the event of technical problems with using the discount code, the Service Recipient should immediately contact the Service Provider by sending a message to the e-mail address indicated in the Terms.
Granting a discount code does not constitute a public promise within the meaning of the Civil Code, and the Service Provider may end the promotion with discount codes at any time, provided that this does not infringe the rights already acquired by the Service Recipient.

§ 11 ADDITIONAL BENEFITS FOR SUBSCRIBERS

The Service Provider reserves the right to conduct promotional activities aimed exclusively at active Newsletter subscribers, understood as persons who regularly open Newsletter messages or interact with their content (e.g., clicking links, participating in surveys).
Information about additional benefits, such as discount codes, product samples, early access to promotions, contests, or other forms of rewards, will be directed individually to selected subscribers within the Newsletter.
Granting a given benefit may depend on, among others:
1. the frequency of opening the Newsletter,
2. participation in specific campaigns (e.g., surveys, shopping challenges),
3. the duration of maintaining an active subscription.
The rules for granting a given benefit are determined each time by the Service Provider and do not constitute a public promise within the meaning of the Civil Code.
The benefits described in this paragraph are optional and do not constitute an integral part of the Newsletter Delivery Agreement.

Appendix No. 1 to the Regulations

Below is a template withdrawal form, which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

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

TMT Advisory Tomasz Jeleń
ul. Jana Ostroroga 29/26, 01-163 Warsaw, Poland
e-mail address: [email protected]

– I/We(*) …………………………………………………………… hereby inform about my/our withdrawal from the contract for the provision of the following service(*) / for the supply of digital content in the form of(*):
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………

– Date of contract conclusion(*)
…………………………………………………………………………………………………………………………………………………………

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

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

…………………………………………………………………………………
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is submitted in paper version)
Date ……………………………………..

(*) Delete as appropriate.