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Newsletter Terms and Conditions

  1. The newsletter service is provided by MELISMEE STOCKHOLM AB,          HAMMARBY ALLE 3A, 120 32 STOCKHOLM. The business is registered under     the business activity register with the NIP number: SE559400938201.
  2. You can contact the Service Provider by writing to the email address: info@melismee.com or by phone: +46737443535.

§2 Definitions

  1. Client/User – an entity planning to subscribe to the Newsletter Service or purchasing product(s), a natural person with full legal capacity, and in cases provided by universally applicable regulations also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude an Agreement with the Service Provider, also referred to as the User.
  2. Consumer – a natural person making a purchase for purposes not directly related to their business/professional activity.
  3. Newsletter – a type of internet bulletin sent periodically to interested Users. The newsletter service involves providing registered Users with current information about products, services, novelties, updates, promotions, and other content significant for the Client via email, to the address provided by the User during registration. It is used to build relationships and maintain constant communication with the Client. The service is provided free of charge for an indefinite period using the melismee.com website.
  4. Privacy Policy – a document or subpage of the Website specifying the rules for processing personal data, available at http://melismee.com/privacy-policy/.
  5. Entrepreneur – a natural person, legal person, and organizational unit without legal personality, to which a separate law grants legal capacity, conducting business activity on their own behalf, using the Store.
  6. Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, where the nature of the contract does not result from the professional nature of their business activity, as specified by the Central Register and Information on Economic Activity.
  7. Distance Contract – a contract concluded as part of an organized system for concluding distance contracts without the simultaneous physical presence of the parties, exclusively using one or more means of distance communication until the contract conclusion.
  8. Electronic Service – a service provided electronically via the Website; a service as defined in Article 2 point 4 of the Act on Providing Electronic Services.
  9. Regulations – these Newsletter Terms and Conditions.
  10. Service Provider – MELISMEE STOCKHOLM AB, HAMMARBY ALLE 3A,                     120 32 STOCKHOLM. The business is registered under the business activity register with the NIP number: SE559400938201.
  11. Agreement – mutual arrangements between the Service Provider and the Client specifying mutual rights and obligations.
  12. Offer – digital content or other goods that the Client receives in exchange for subscribing to the Newsletter. Detailed conditions of the Offer are presented on the Website.

§3 Cooperation and Agreement Conclusion Rules

  1. The rules of cooperation and terms of agreement implementation are specified by the Regulations and the Offer.
  2. Before starting to use the newsletter service, the Client is provided with the Regulations free of charge at the bottom of the Website. The content of the Regulations can be recorded by the Client by downloading, saving on a carrier, or printing at any time from the Website.
  3. The Client may not use the newsletter service using incorrect personal data, anonymously, or under a pseudonym.
  4. The Regulations do not exclude or limit the rights of the Client being a Consumer or an Entrepreneur with consumer rights resulting from mandatory legal provisions.
  5. The Agreement is concluded upon the Client’s acceptance of the Regulations with the reservation of the provision below.

§4 Technical Conditions

  1. The Client can use the newsletter service in accordance with the Regulations and applicable laws.
  2. The Service Provider states that the public nature of the Internet and the use of the newsletter service may be associated with the risk of unauthorized persons acquiring and modifying Client data, therefore Clients should use appropriate technical measures to minimize the above-mentioned threats.
  3. To use the newsletter service, the Client must have: a. the current version of an internet browser supported by the manufacturer with internet access (e.g., Opera, Mozilla Firefox, Google Chrome); b. an active email account; c. the current tool/program supporting electronic files in the format indicated in the Offer (e.g., *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xls); d. the recommended minimum screen resolution: 1024×768; e. enabling the possibility of saving Cookies and JavaScript support in the internet browser.
  4. If additional technical requirements are necessary to use the newsletter service, the Client will be informed before using the newsletter service.

§5 Registration

  1. Registration for the service is tantamount to the User’s acceptance of these Regulations and the Privacy Policy.
  2. The Service Provider, through the Website, enables the User to conclude an agreement for the provision of digital content in the form of the Newsletter, for which the User does not pay any monetary fee, but provides the Service Provider with their personal data and agrees to receive the Newsletter.
  3. If the User does not want to agree to receive the Newsletter in exchange for their personal data, they can purchase it by paying a specified price, according to the price list indicated by the Service Provider. Such a purchase requires individual contact with the Service Provider.
  4. To register for the newsletter service, one must: a. fill out the registration form available on the Website by completing the email address field; b. accept these Regulations; c. accept the Privacy Policy; d. consent to receive the Newsletter to the provided email address as commercial information within the meaning of the Act of July 18, 2002, on Providing Electronic Services.
  5. The expression of consent to receive the Newsletter is entirely voluntary, however, without the above-mentioned consents, it will not be possible to use the newsletter service.
  6. Registration for the newsletter service in accordance with the procedure specified above adds the User’s email address to the mailing list. The User’s email address will be used to send Newsletters to the User.

§6 Complaints

  1. Complaints regarding the newsletter service can be submitted by the User in the following ways: a. in writing to the Service Provider’s address, i.e.,           HAMMARBY ALLE 3A, 120 32 STOCKHOLM, b. via email to: info@melismee.com.
  2. The complaint should contain a clear description, the User’s request, and their data, in accordance with Appendix 2 to these Regulations.
  3. The Service Provider will immediately, but no later than within 14 days from the date of receiving the complaint from the User, respond to the complaint and inform the User about the further course of action.

§7 Personal Data

  1. Personal data provided by Users as part of subscribing and using the newsletter service are processed by the Service Provider.
  2. Providing personal data by the User is voluntary, but necessary to provide the newsletter service. Failure to provide data will result in the inability to provide the newsletter service.
  3. The User has the right to access their personal data and to correct and delete them, in accordance with applicable laws.
  4. Detailed provisions regarding the protection of the User’s personal data are contained in the Privacy Policy available on the website http://melismee.com/privacy-policy/.
  5. Personal data may be transferred to the entity whose services the Service Provider uses for sending the Newsletter.

§8 Withdrawal from the Agreement

  1. This section defines the rules for withdrawal from the agreement by the Consumer and the Entrepreneur with consumer rights.
  2. The Client being a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the agreement within 14 days, subject to the provisions below. To exercise the right of withdrawal, the Client should inform the Service Provider by sending an email or letter to the address indicated in the Regulations. The template withdrawal form is in Appendix 1 to the Regulations.

§9 Amendments to the Regulations

  1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason is understood as the necessity to change the Regulations caused by: a. a change in the functionality of the Newsletter, requiring modification of the Regulations, or b. a change in the law affecting the implementation of the Agreement by the Service Provider or adapting the services to the recommendations, guidelines, orders or prohibitions, judgments, decisions, or interpretations of competent public authorities, or c. a change in the Service Provider’s contact or identification data.
  2. Information about the planned change of the Regulations will be sent to the Service User’s email address provided at the time of concluding the Agreement at least 7 days before the changes come into force.
  3. If the Service User does not object to the planned changes until they come into force, it is assumed that they accept them, which does not prevent them from terminating the Agreement in the future.
  4. If the Service User does not accept the planned changes, they should send an email to the Service Provider at info@melismee.com, which will result in the termination of the Agreement at the time the changes come into force.
  5. The Service Provider may change the Newsletter, which is not necessary to maintain its compliance with the Agreement due to the change in the functionality of the Newsletter. The introduction of the change mentioned above will not entail any costs for the Service User.
  6. If the change mentioned in the previous provision significantly and negatively affects the Service User’s access to the Newsletter or its use, the Service Provider will send an email to the Service User in advance, on a durable medium, with information about the properties and the date of implementation of this change and the rights of the privileged Service User in connection with this change.

§10 Specific Provisions for Entrepreneurs

  1. The provisions specified in this section apply to the Entrepreneur who is not an Entrepreneur with consumer rights.
  2. The competent court to resolve any disputes arising between the Service Provider and the Entrepreneur who is not an Entrepreneur with consumer rights is the court competent for the seat of the Service Provider.
  3. The parties exclude the liability of the Service Provider for the non-compliance of the Goods with the contract/defects of the goods towards the Entrepreneur who is not an Entrepreneur with consumer rights.
  4. The Service Provider has the right to terminate the Agreement with the Entrepreneur who is not an Entrepreneur with consumer rights immediately. For this purpose, the Service Provider sends a statement on the termination of the agreement to the Entrepreneur’s email address or correspondence address. The Entrepreneur waives any claims in this regard.
  5. The Service Provider is not liable for lost profits in relation to the Entrepreneur who is not an Entrepreneur with consumer rights.

§11 Final Provisions

  1. During the force majeure period, the Parties to the agreement will be released from any responsibility for its non-performance or improper performance, provided that the circumstances of force majeure will constitute an obstacle to the performance of the agreement. The above applies also during the period directly preceding or following the occurrence of force majeure, provided that the impact of force majeure constitutes an obstacle to the performance of the agreement.
  2. “Force majeure” is understood as a sudden or natural event, independent of the will and action of the Parties, which could not have been foreseen and could not have been prevented, in particular such events as: flood, war, act of terror, imposition of a state of emergency.
  3. In the framework of using the newsletter service, it is prohibited to act in a manner contrary to the law, good practices, or infringing on the personal rights of third parties, and to provide unlawful information.
  4. Amicable settlement of disputes and complaints handling. The Consumer has the option to: a. apply to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded agreement; b. apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Client and the Service Provider; c. seek help from the county (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection; d. or use the ODR platform. The platform serves to resolve disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.
  5. The applicable law is Polish law, subject to paragraph 8.
  6. The competent court is a Polish court, subject to paragraph 8.
  7. For a Client being a consumer, the provisions of the Regulations do not deprive the consumer of protection granted by the provisions of the law of their habitual residence, which cannot be excluded by the agreement. If the provisions applicable in the consumer’s country are more favorable, and these provisions cannot be excluded by the agreement, they will apply to the agreement concluded between the Client and the Service Provider.
  8. The Regulations are effective from May 10, 2024.

§12 Copyrights and Licenses

  1. All materials provided by the Service Provider, including electronic products and services, photos, texts, graphics, multimedia, and trademarks, are works within the meaning of the Copyright and Related Rights Act and are protected by law.
  2. The copyrights to the aforementioned materials are held by the Service Provider or another entity from which the Service Provider obtained the appropriate license. The materials may also be used by the Service Provider based on another legal basis.
  3. All materials provided by the Service Provider may only be used by the Client for their own use, unless otherwise stated in the Offer. Unauthorized dissemination, sharing, copying, and downloading of materials beyond the scope of permitted use is prohibited.
  4. The Service Provider grants the Client a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time limitations result from the Offer or these Regulations. The remuneration for granting the license is included in the price.
  5. The Client has the right to use the materials in the following fields of exploitation: a. recording and reproducing the work – producing copies of the work using a specific technique, including printing, reprographic, magnetic recording, and digital techniques; b. trading the original or copies on which the work has been recorded – introducing the original or copies into circulation, lending, or renting the original or copies; c. disseminating the work in a manner other than specified in point b – public performance, exhibition, display, reproduction, broadcasting, and rebroadcasting, as well as making the work available to the public in such a way that everyone can access it at a place and time chosen by them.
  6. In the event of a violation of the prohibition mentioned in this section, including infringement of copyrights, the Service Provider has the right to claim compensation and damages from the Client. The Client may be liable for civil or criminal liability in the above-mentioned scope.
  7. The Service Provider has the right to periodically update the Products, including electronic Products.

Appendix No. 1

WITHDRAWAL FORM TEMPLATE

Fill in the form if you wish to withdraw from the Agreement.

Date and City: Your Name: Your Address: Your Email: Your Phone:

MELISMEE STOCKHOLM AB HAMMARBY ALLE 3A 120 32 STOCKHOLM

Withdrawal from the agreement

I hereby withdraw from the agreement for the provision of the Newsletter service by  MELISMEE STOCKHOLM AB, HAMMARBY ALLE 3A, 120 32 STOCKHOLM. The business is registered under the business activity register with the NIP number: SE559400938201.

Appendix No. 2

COMPLAINT FORM

Fill in the form if you wish to file a complaint regarding the non-compliance of the Goods with the Agreement.

Date and City: Your Name: Your Address: Your Email: Your Phone:

Order Number: Order Date: MELISMEE STOCKHOLM AB HAMMARBY ALLE 3A ,               120 32 STOCKHOLM

Complaint submission

I hereby inform you that the Newsletter service provided by HAMMARBY ALLE 3A, 120 32 STOCKHOLM is non-compliant with the Agreement. The non-compliance of the Newsletter service with the Agreement involves: The non-compliance was discovered on the day: In view of the above, I request:

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