Terms and Conditions for Digital Content in Exchange for Newsletter Subscription – M87 Flywear

Through the website https://m87.pl/how-to-measure, you can order digital content described on the page in exchange for subscribing to the newsletter (M87 Guide: How to Properly Measure Yourself for a Jumpsuit + 10% Discount Code). Details are described in the terms and conditions below.

§ 1 Definitions

For the purposes of these Terms and Conditions, the following terms have the meanings specified below:

• Administrator – Andrzej Kowalski conducting business activity under the name M87 Flywear, ul. Botaniczna 66, 04-543 Warsaw, Poland, Tax ID (NIP): 1131276720, office@m87.pl, +48 512 282 090.
• Form – an online form embedded on the Website used to order Materials.
• Consumer – a natural person entering into an agreement with the Administrator that is not directly related to their business or professional activity; a Consumer is also a User.
• Materials – digital content provided to the User by the Administrator in exchange for subscribing to the Newsletter, i.e., the PDF guide “How to Properly Measure Yourself for a Jumpsuit” and a 10% discount code to use in the M87 store; the type and content of Materials is specified in the description on the Website.
• Newsletter – email messages containing information about news, promotions, products, or services of the Administrator sent to the email address provided by the User in the Form.
• POCK – a natural person entering into an agreement with the Administrator directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of regulations on the Central Register and Information on Business Activity; a POCK is also a User.
• Website – the website available at https://m87.pl/how-to-measure
• User – a natural person filling out the Form and thereby entering into an agreement with the Administrator for the delivery of digital content in the form of Materials.

§ 2 Ordering and Delivery of Materials

1. Through the Website, the Administrator enables the User to enter into an agreement for the delivery of digital content in the form of Materials, for which the User does not make any monetary payment, but provides the Administrator with their personal data and consents to receiving the Newsletter.
2. Entering into an agreement in the manner referred to in § 2(1) of these Terms and Conditions requires filling out and submitting the Form, followed by confirming the subscription to the Newsletter by clicking on the confirmation link sent to the email address provided in the Form. The agreement is considered concluded when the User is shown a webpage confirming the Newsletter subscription.
3. In the Form, it is necessary to provide personal data to the extent necessary for Newsletter subscription and delivery of Materials. Providing additional data is voluntary. Ordering Materials anonymously is not possible.
4. Sending unlawful content through the Form is prohibited.
5. Materials are delivered to the User by sending an email to the address provided in the Form, containing a link to download the PDF guide and a 10% discount code to use in the M87 online store.

§ 3 Intellectual Property

1. Materials are protected by copyright law.
2. Materials may also contain protected trademarks.
3. Materials are made available to the User exclusively for personal use. Any other forms of using the Materials violate the rights of the Administrator or other authorized entities and may result in civil or criminal liability. In particular, further copying, reproducing, recording, or distributing the Materials without the consent of the Administrator or other authorized entities is prohibited.
4. The discount code is intended for one-time use only by the User and is not subject to resale or transfer to third parties without the Administrator’s consent.

§ 4 Technical Requirements

1. To use the Website, including in particular to order Materials, it is not necessary to meet special technical conditions by the User’s computer equipment or software. The following are sufficient:
   • Internet access,
   • standard, current operating system,
   • standard, current web browser with cookies enabled,
   • having an active email address.
2. To use the Materials, it is necessary to have software that allows viewing PDF files (e.g., Adobe Acrobat Reader, web browser with PDF support).

§ 5 Withdrawal from Agreement and Complaints

1. A Consumer and POCK may withdraw from the agreement for the delivery of digital content in the form of Materials within 14 days of its conclusion, without giving a reason. A relevant notification to the Administrator is sufficient. Withdrawal from the agreement also means resignation from receiving the Newsletter.
2. The User may at any time resign from receiving the Newsletter, regardless of the withdrawal from the agreement referred to in § 5(1) of these Terms and Conditions, by clicking on the link provided for this purpose in the content of each message sent as part of the Newsletter.
3. The warranty for defects referred to in the Civil Code is excluded in relation to Users other than Consumers or POCK. In the case of Consumers or POCK, the provisions of the Consumer Rights Act apply to the liability for the conformity of Materials with the agreement.
4. Materials are solely educational and informational in nature and do not constitute or replace individual advice or professional guidance regarding the selection of skydiving equipment.
5. The Administrator is obliged to deliver Materials to the Consumer or POCK that are in conformity with the agreement. Conformity with the agreement is assessed in accordance with the provisions of the Consumer Rights Act.
6. The Administrator is liable for the lack of conformity with the agreement of the Materials that existed at the time of their delivery and was revealed within two years from that time. It is presumed that the lack of conformity of the Materials with the agreement that was revealed before the expiry of one year from the time of delivery of the Materials existed at the time of their delivery.
7. If the Materials are not in conformity with the agreement, the Consumer and POCK may demand that they be brought into conformity with the agreement.
8. If the Materials are not in conformity with the agreement, the Consumer or POCK may make a statement of withdrawal from the agreement when:
   • bringing the Materials into conformity with the agreement is impossible or requires excessive costs,
   • the Administrator has not brought the Materials into conformity with the agreement,
   • the lack of conformity of the Materials with the agreement persists despite the Administrator’s attempt to bring the Materials into conformity with the agreement,
   • the lack of conformity of the Materials with the agreement is so significant that it justifies withdrawal from the agreement without first using the remedy specified in § 5(7) of these Terms and Conditions,
   • it is clear from the Administrator’s statement or circumstances that the Administrator will not bring the Materials into conformity with the agreement within a reasonable time or without significant inconvenience to the Consumer or POCK.
9. In the event of non-conformity of the Materials with the agreement, the Consumer or POCK may file a complaint via email to: office@m87.pl or in writing to: M87 Flywear, ul. Botaniczna 66, 04-543 Warsaw.
10. The Administrator considers complaints within 14 days from the date of receipt of the complaint.
11. The rules of the Administrator’s liability for non-conformity of the Materials with the agreement result from the mandatory provisions of the Consumer Rights Act. These Terms and Conditions are not intended to introduce any modifications to these rules but only provide a simplified presentation to help the Consumer or POCK understand these rules. The Administrator encourages the Consumer or POCK to familiarize themselves with the entire regulation contained in the Consumer Rights Act.

§ 6 Out-of-Court Methods of Complaint Resolution and Pursuing Claims

1. The Administrator agrees to submit any disputes arising in connection with concluded agreements to mediation proceedings. Details will be determined by the parties to the conflict.
2. The Consumer has the opportunity to use out-of-court methods of complaint resolution and pursuing claims. Among others, the Consumer has the opportunity to:
   • apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded agreement,
   • apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable termination of the dispute between the User and the Administrator,
   • use the help of a district (municipal) consumer rights ombudsman or a social organization whose statutory tasks include consumer protection.
3. More detailed information on out-of-court methods of complaint resolution and pursuing claims can be found by the Consumer on the website http://polubowne.uokik.gov.pl.
4. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales contract or service agreement.

§ 7 Personal Data and Cookies

1. The personal data controller of the User is the Administrator indicated in § 1 of these Terms and Conditions.
2. Providing personal data by the User in the Form is a condition for entering into an agreement for the delivery of digital content.
3. The User’s personal data is processed for the purpose of concluding and performing the agreement for the delivery of digital content in the form of Materials on the basis of Art. 6(1)(b) GDPR.
4. After the delivery of Materials, the User’s personal data is stored in the Administrator’s database for archival purposes, for the purpose of possible defense, determination, or pursuit of claims related to the agreement, which constitutes a legitimate interest pursued by the Administrator, referred to in Art. 6(1)(f) GDPR. This data will be deleted after the expiry of the limitation period for claims related to the agreement.
5. The User’s personal data is also processed for the purpose of handling the Newsletter, i.e., sending email messages, analyzing statistics related to sent messages, database segmentation. Based on the segmentation performed by the Administrator, the User may be included in various groups of Newsletter recipients, which affect the scope and content of messages sent as part of the Newsletter. The User may always contact the Administrator for information regarding membership in individual groups and the desired modification in this regard.
6. The User may at any time resign from receiving the Newsletter. However, the User’s personal data is still stored in the Administrator’s database for archival purposes, for the purpose of possible defense, determination, or pursuit of claims related to the Newsletter, and to ensure the ability to demonstrate that the Administrator complies with legal provisions when conducting activities related to the Newsletter, accepting consent to receive the Newsletter, respecting resignation from the Newsletter, etc., which constitutes a legitimate interest pursued by the Administrator, referred to in Art. 6(1)(f) GDPR. This data will be deleted after the expiry of the limitation period for claims related to the agreement and the expiry of the period during which the Administrator may be subject to supervision by the supervisory authority regarding the legality of activities related to the Newsletter.
7. The User’s email address may be sent to the Meta advertising system to create an audience group for advertisements, and then target specific content advertisements to the group created in this way, which constitutes a legitimate interest pursued by the Administrator (Art. 6(1)(f) GDPR) consisting in marketing their own products or services.
8. Entities processing personal data related to the Administrator by appropriate data processing agreements may be involved in the process of processing the User’s personal data.
9. The User’s rights related to the processing of their personal data by the Administrator: the right to request access to personal data, their rectification, deletion, or restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint with the supervisory authority for personal data.
10. The Website uses cookies. All information in this regard is contained in the privacy policy available at: https://m87.pl/privacy-policy/

§ 8 Final Provisions

1. The Administrator reserves the right to modify the rules on which access to Materials is made available, with the reservation that new rules do not apply to agreements concluded before the change of rules.
2. The Administrator reserves the right to make changes to these Terms and Conditions, with the reservation that for agreements concluded before the change of the Terms and Conditions, the Terms and Conditions in force at the time of concluding the agreement apply.
3. Any disputes related to the Website will be resolved by a Polish common court competent due to the seat or permanent place of business of the Administrator. This provision does not apply to Consumers and POCK, in whose case court jurisdiction is determined on general principles.
4. These Terms and Conditions in this wording are in force from [IMPLEMENTATION DATE].
5. All archived versions of the Terms and Conditions are available for download in PDF format.

Contact regarding the terms and conditions:
M87 Flywear
ul. Botaniczna 66
04-543 Warsaw, Poland
Email: office@m87.pl
Tel: +48 512 282 090