Regulations


Pursuant to the Act of 18 July 2002 on the provision of services by electronic means (consolidated text in Journal of Laws of 2017 item 1219, as amended), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)  (OJ EU L no. 119, p. 1) and the Telecommunications Law of 16 July 2004 (consolidated text in Journal of Laws of 2017 item 1907, as amended), the company trading as Labelpunks Publishing House spółka z ograniczoną odpowiedzialnością with a registered office in Warsaw, ul. Jeziorowa 67R, 03-991 Warsaw, entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw, in Warsaw, 13th Business Section of the National Court Register under number KRS 0000582223, with a tax identification number (NIP) 9522140360 and a statistical identification number (REGON) 362811672 (the ”Administrator” or the ”Owner”), introduces these Regulations specifying in particular the types, scope and conditions of services provided by electronic means, including technical requirements, privacy policy, conditions of conclusion and termination of contracts for the provision of services by electronic means and the conditions of transmitting commercial information.

§1
General provisions

  1. The owner and administrator of the Service and the provider of services and products offered on www.label-magazine.com ("Website") is the Administrator.
  2. Contact with the Administrator is possible via email at CONTACT@label-magazine.com
  3. These Regulations set out:
    1. types, scope and conditions of providing Services and Products sold through the Website,
    2. terms of providing Services by electronic means through the Website,
    3. conditions for entering into, terminating and withdrawing from the Agreement,
    4. rights and obligations of the Administrator and Users, related to the provision of Services, including the provision of Services by electronic means, or to the supplied Products,
    5. principles of the Administrator's liability for the provision of the Services and for the supplied Products,
    6. principles of personal data protection of Users,
    7. the complaint procedure.
  4. The User is obliged to read the content of the Regulations before using the Service.
  5. The Regulations can be accessed free of charge, prior to Registration in a manner that enables their acquisition, reproduction and fixation.
  6. Registration is not required for browsing the Website and the Services and Products available on the Website. A Customer who wants to order Services or Products offered by the Owner has to play an order in accordance with the procedure set out in § 3.

§2
Definitions

„Act” – the Act on providing services by electronic means of 18 July 2002 (consolidated text in Journal of Laws of 2017, item 1219, as amended);

„GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)  (OJ EU L no. 119 of 4 May, 2016);

„Teleinformation system” – a set of co-operating information devices and software ensuring processing and saving, and also transmitting and collecting of data within telecommunications networks by means of a terminal appropriate for the kind of the given network within the meaning of the telecommunications law;

„Services provided by electronic means” – services rendered in a way which comprises transmitting and collecting data by means of teleinformation systems, at the individual request of a service recipient, without the parties being simultaneously present, while the data are transmitted through public networks within the meaning of the telecommunications law. Services provided by electronic means by the Service Provider, in particular the Individual Recruitment Account maintained for the User;

„Authentication” – an external authentication service (e.g. Facebook, LinkedIn, GoldenLine),which enables setting up an Account on the Website and accessing the Account.

„Means of electronic communication” – technical measures, including teleinformation equipment and software tools co-operating with it, enabling individual distant communication by using data transmission between teleinformation systems, in particular electronic mail;

„Price” - the price of a Product or Service stated in its description; in the case of Subscription and Electronic Subscription, the Website specifies available options depending on the duration and delivery destination. The price is denominated in PLN and includes the VAT. The Product or Service price includes delivery costs.

„Business Day” - each day from Monday to Friday between 9.00 a.m. and 5.00 p.m., excluding holidays within the meaning of the Act of 18 January 1951 on non-business days (consolidated text in Journal of Laws of 2015, item 90, as amended).

„Order Form” - a service provided by the Administrator via the Website at the time of placing an Order  which consists in the provision of an interactive form for making a choice of and placing an Order for Products or Services and determining selected terms of sale, in particular the method of payment and delivery. Prior to placing an Order for Products or Services it is necessary to accept the Regulations which are an integral part of the Agreement.

„Registration Form” –a page on which the Customer registers on the Website by providing the required data.

„Customer” - a person using the Website both as a consumer within the meaning of Art. 221 of the Civil Code and an entrepreneur within the meaning of Art. 431 of the Civil Code.

Consumer” – a Customer being a consumer within the meaning of Art. 221 of the Civil Code.

”LABEL Magazine” – means ”LABEL Magazine” available as part of the offer presented on the Website published by the Administrator.

”Subscription” means the Service which consists in selling the LABEL Magazine to the Customer who receives consecutive issues of the magazine in a paper version over a period of time selected by the Customer.

”Electronic Subscription” means the Service which consists in selling the LABEL Magazine to the Customer who receives online access to consecutive issues of the magazine over a period of time selected by the Customer.

”Products and Services” mean products and services offered by the Administrator via the Website and delivered in accordance with the Regulations pursuant to Agreements and Services provided by electronic means in connection with the administration of the Order Form.

”Prepayment” means one of the options of paying for Services or Products in which the Customers pays in advance.

”Regulations” mean these regulations which set out the general terms of the Agreement and are its integral part.

”Website” means the Owner’s internet site www.label-magazine.com which offers Customers a possibility of ordering Products and Services and executes the Orders.

”Subscription Fee” means one of the options of paying for Services or Products in which the fee is charged from the Customer’s account on a monthly or quarterly basis.

”Agreement” means an agreement for the sale of Products or Services through the Website  or an agreement for the provision of Services through the Website, concluded between the Owner and the Customer upon the confirmation by the Owner of acceptance of the Order placed by the Customer. The term of the Agreement corresponds to the duration of the Subscription or Electronic Subscription and is the minimum effective period of the Customer’s obligations arising from the Agreement.

”User” means a natural person, legal entity or an organization without a legal entity status indicated by the Customer as the user of the Subscription or Electronic Subscription whose data will be encoded for the purpose of the Subscription or Electronic Subscription. The Customer can also be the User.

”Party” means  either the Administrator or the Customer.

”Parties” mean both the Administrator and the Customer.

”Order” means an order placed on the Order Form. A Product or Service can be ordered online or by telephone pursuant to an agreement concluded remotely  between the Customer and the Owner, in accordance with the legal regulations in force.

§3
Ordering Products and Services – general rules

  1. In order to use the Service, the Customer must have a device enabling access to the Internet and sending and receiving electronic mail.
  2. The User also needs to have an active electronic mail address, which enables sending and receiving e-mails.
  3. The Administrator recommends using browsers such as the current version of Firefox, the current version of Opera, the current version of Chrome, the current version of Safari, and Internet Explorer 9 and higher, all with standard settings.
  4. If the Customer uses hardware or software that does not meet the above requirements, the Administrator cannot guarantee the proper functioning of the Services and reserves that this may have a negative impact on the quality of the Services provided.
  5. The Administrator cautions that functionalities such as disabling of cookies or AdBlock extension may also prevent proper use of the Service.
  6. The Administrator reserves the right to change the content of these Regulations.

§4 
Account registration

  1. The registration on the Website is done by filling in the Registration Form.
  2. By filling in the Registration Form, the Customer confirms that he has read and accepts the content of the Regulations.
  3. In order to complete the registration process, it is necessary to use an activation link sent to the e-mail address indicated by the Customer.
  4. When registering on the Website, the Customer is obliged to provide his/her login, password and e-mail address. The Customer may provide other data necessary to use additional functionalities by supplementing the information in the Registration Form at any time.
  5. The Customer is obliged to immediately update on the Website any change in the data provided in the Registration Form.
  6. The Customer can only have one account. Access to the account is protected by a password, which cannot be disclosed to any third party.
  7. The Administrator shall not be liable for making the password available to third parties.

§5
Subscription and electronic subscription

  1. As part of the provided services, the Administrator offers Subscription and Electronic Subscription over the periods specified in the Service.
  2. Subscription and Electronic Subscription starts with the next issue of Label Magazine, following the issue currently available on the market. 
  3. Subscription and Electronic Subscription may commence at any time and may include current or subsequent issues as offered by the Administrator.
  4. Subscription and Electronic Subscription may be offered against Prepayment or Subscription Fee.
  5. Subscription and Electronic Subscription are renewed automatically.
  6. In the case of Prepayment, the Owner shall stop providing the Service or the Products in the event of [...] unsuccessful reminders sent to the Customer, with prior notice to the Customer.
  7. In the case of payment of a Subscription Fee, the Owner will stop providing the Service or supplying the Products:
    1. for a Subscription - within [...] days before the end of the last month,
    2. for an Electronic Subscription – immediately if the Customer does not request the Owner to suspend the Service  [...] hours before the end of the last month, at the latest.
  8. Orders are accepted 7 days a week, 24 hours a day.
  9. To order a Subscription or an Electronic Subscription:
    1. select it in the order form and specify its period,
    2. provide complete and accurate Customer data, including the address and contact details and account/invoice details,
    3. confirm the order, including the total price of the order,
    4. confirm having read and accepted the Regulations,
    5. confirm the acceptance of the rules of personal data processing by the Administrator and having read the Privacy Policy by checking the appropriate box available in the order form,
    6. confirm the consent to receive information from the Administrator regarding the concluded agreements via e-mail by checking the appropriate box in the order form. The above consent is not obligatory, however, it is necessary for the proper provision of the Services by the Administrator, so if it is not given, it will prevent the delivery of the ordered Services or Products.
  10. The Customer may also check other consents that are voluntary and not necessary to deliver the Services or Products ordered. All consents given can be withdrawn at any time by sending an e-mail to magda@label-magazine.com. Withdrawal of consents shall not affect the lawfulness of data processing performed prior to the withdrawal.
  11. The Administrator will notify the Customer about the correct placement of an order by sending a confirmation to the e-mail address indicated by the Customer.
  12. Upon receipt by the Customer of the abovementioned confirmation, the Agreement is concluded.
  13. If the Prepayment option is chosen by the Customer, the Customer is obliged to make payment immediately after placing an order.
  14. The Product shall be sent by the Seller on the date indicated in its description, in the manner chosen by the Customer when placing the Order.
  15. The term of the Product delivery to the Customer is calculated from the date of crediting the Seller's bank account.
  16. The Administrator reserves the right to use the e-mail address or telephone number provided by the Ordering Party to communicate with the Customer for the purposes related to the execution of the Order.
  17. Deliveries of ordered Products are carried out in the territory of the Republic of Poland and abroad, in accordance with the provided information, by operators indicated on the Website.

§6
Newsletter

  1. As part of the Newsletter service, information in the form of an electronic bulletin will be sent by electronic mail to the e-mail address provided by the Customer. The Newsletter service shall be provided free of charge, for an unspecified period of time, until the Customer resigns from the Newsletter service or until the Newsletter service is terminated, which may occur at any time.
  2. The Newsletter contains information about products and services offered by the Administrator or entities cooperating with the Administrator, current special offers and other information about the Administrator and entities cooperating with the Administrator, including opinions, competitions, events, news, etc. 
  3. The content of the Newsletter may be subject to protection pursuant to the Act of 4 February, 1994 on copyright and related rights  or other regulations protecting intellectual property.
  4. The use of the Newsletter service shall be conditional on the Customer's possession of e-mail address, as stated in §3 point 2 of these Regulations.
  5. Ordering the Newsletter service shall be treated as conclusion of an agreement between the Customer and the Administrator for the provision of the service consisting in the sending of the Newsletter by electronic means and shall require from the Customer performance of the following registration activities on the website www.label-magazine.com:
    1. entering a correct electronic mail address (e-mail address) of the Customer in the form placed at the bottom of the www.label-magazine.com website,
    2. reading and accepting these Regulations,
    3. expressing consent to the processing of personal data for the purposes of sending the Newsletter and sending commercial information to the e-mail
    4. address provided by the Customer,
    5. clicking on the "Sign up" button,
    6. logging in by the Customer using the e-mail address provided in the form and confirming the correctness of the data entered and the fact of registration by clicking on the link confirming the registration in the e-mail sent to the Customer.
  6. From the moment of clicking on the above link to confirm the registration, the Customer's e-mail address shall be used for the Newsletter service.
  7. The Customer may at any time, without giving any reason and at no cost, resign from the Newsletter service and terminate the Newsletter service contract by clicking on the link in the footer of each Newsletter, selecting the "here" button in the sentence: "If you do not want to use the Newsletter service click here".
  8. Sending information to the given e-mail address is stopped immediately and is signalled by a message confirming the operation.
  9. All complaints concerning the Newsletter service should be submitted and will be considered in accordance with these Regulations.
  10. The Customer may not use the Newsletter service to provide and transfer illegal content.
  11. Ordering or providing the Newsletter service shall not serve the purpose of concluding or terminating any contracts for the provision of services by electronic means other than sending the Newsletter.
  12. The controller of the personal data of Customers who are natural persons provided in connection with the use of the Newsletter service, as well as while filing a complaint, is the Administrator. The personal data provided shall be processed in order to perform the Agreement and for the purposes of marketing the Administrator's and other entities' products and services.
  13. Providing personal data of a User who is a natural person in the registration form during the activities related to ordering the Newsletter service, as well as providing the data required to lodge a complaint, is voluntary, but necessary to provide the Newsletter service or to process a complaint.
  14. Detailed information on the processing of personal data by the Administrator can be found in the Privacy Policy.

§7 
Payments

  1. Payments  for Products and services provided through the Website can be made by way of:
    1. a bank transfer,
    2. money order to the account specified in the Order,
    3. electronic payment or a debit or credit card payment via the PayU service.
  2. The currently available payment methods are specified on the Website and may require the acceptance of payment operators.
  3. The Customer is obliged to make payment within 5 Business Days from the date of placing the Order, after which the Order expires.
  4. In the case of payment by bank transfer, the Customer is required to indicate the number of the Order, specified in the confirmation e-mail received from the Owner.

§8
Right of withdrawal or termination

  1. The agreement between the Consumer and the Owner shall expire at the end of the Subscription or Electronic Subscription period or in the event of termination of the Agreement by the Owner in the cases specified in the Regulations.
  2. The Administrator shall have the right to withdraw from the Agreement concluded with a Customer who is not a Consumer within 14 calendar days of its conclusion. Withdrawal from the Agreement in this case may take place without giving any reason and does not give rise to any claims against the Owner on the part of a Customer who is not a Consumer.
  3. The agreement with the Customer may be terminated by the Owner with immediate effect, especially if the Owner finds out:
    1. false identification data provided by the Client;
    2. illegal content introduced through the Website (the Client does not have the right to introduce illegal content through the Website), including  content
    3. violating the rights of third parties;
    4. actions taken by the Client in order to disrupt the operation of the Website's IT system;
    5. other actions taken by the Customer which may cause damage to the Owner;
    6. lapse of the additional period of 5 Business Days awarded for the remedy of infringements without effect.
  4. The Consumer has the right to withdraw from the Agreement for a period of 14 days (in the case of the Electronic Subscription - in the absence of a consent to commence the provision of Services before the expiry of the 14-day period), without giving any reasons and without incurring any costs other than those provided by law.
  5. A consumer may withdraw from the Agreement by submitting a statement to the Administrator on withdrawal from the Agreement. A sample form of withdrawal from the Agreement is included in Appendix 2 to the Act on Consumer Rights. This does not limit the Consumer's right to make any other explicit statement informing about the Consumer's decision to withdraw from the Agreement.
  6. If a Consumer wants to make a statement of withdrawal by e-mail, the statement should be sent to the following address: CONTACT@label-magazine.com.
  7. If the Consumer makes a written statement about withdrawal from the Agreement , the statement should be sent to the following address: Labelpunks Publishing House spółka z o.o., ul. Jeziorowa 67R, 03-991 Warsaw.
  8. To meet the 14-day withdrawal deadline, it is sufficient to send a statement before its expiry.
  9. The 14-day period to withdraw from the Agreement starts from the moment of taking possession of the Products by the Consumer or a third party indicated by the Consumer  other than the carrier. If the Agreement covers multiple Products that are delivered separately, in batches or in parts, the 14-day period starts from the moment of taking possession of the last item (Product), batch or part.
  10. In the case of withdrawal from an Agreement concluded remotely, the Agreement shall be deemed not concluded. The Administrator shall be obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return all payments made by the Consumer, including the costs of delivery of the Products. The Administrator shall return the payment to the bank account provided by the Customer to the Administrator in an e-mail sent to the following address: CONTACT@label-magazine.com.
  11. If the Administrator does not offer to collect the Product from the Consumer by itself, the Administrator may withhold the return of the payment received from the Consumer until the delivery of the returned Products or of a proof that the Consumer has returned the Products - whichever is the earlier.
  12. The Consumer is obliged to deliver the returned Product to the Administrator or hand over the Product to a person authorised by the Administrator to collect it as soon as possible, but no later than 14 days from the day on which the Consumer withdrew from the Agreement. To meet the 14-day deadline, it is sufficient to return the Products before its expiry.
  13. The consumer is obliged to secure the returned products in such a way as to prevent their destruction during transport.
  14. In the case of purchasing a Subscription, the Consumer is not obliged to return the issues of LABEL Magazine that have already been delivered.
  15. The Consumer is obliged to attach a proof of purchase (invoice) to the returned Product.
  16. If the Consumer has chosen a method of delivery of the Products other than the lowest-cost, usual method of delivery offered by the Owner, the Owner shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
  17. Returned products must be sent back to the following address: Labelpunks Publishing House spółka z o.o., ul. Jeziorowa 67R, 03-991 Warsaw.
  18. The consumer shall bear only the direct costs of returning the Products, unless the Administrator has agreed to cover them.
  19. The consumer shall be liable for any reduction in the value of the returned Products resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Products. The Administrator reserves the right to claim damages against the Consumer, to the extent permitted by applicable laws.

§9 
Complaints

  1. The Customer may file a complaint in the event of the Administrator's non-performance or improper performance of the Agreement.
  2. A complaint may be submitted in writing to the address of the Administrator's registered office (ul. Jeziorowa 67R, 03-991 Warsaw) or electronically to the following e-mail address: CONTACT@label-magazine.com.
  3. The statement of the complaint should include the name and surname or business name of the Customer and a detailed description of the basis for the complaint, as well as possible suggestions for settling the complaint.
  4. Any Complaints shall be accepted within 7 days from the date of occurrence of the circumstances giving rise to the complaint.
  5. If the data or information provided in the statement of the complaint need to be supplemented, before the complaint is processed, the Customer is obliged to provide supplementary information within the period and scope indicated by the Administrator.
  6. The Administrator shall consider the complaint within 14 days of its receipt or within 14 days of receiving the requested supplementary information in accordance with the provisions of section 4 above.
  7. Complaints shall be examined by the Administrator.
  8. When investigating complaints, the Administrator shall apply the provisions of these Regulations and applicable laws.
  9. A reply to the complaint shall be sent to the e-mail address provided by the Client or by post if the e-mail address is not indicated in the complaint statement.
  10. If delivery of the Product is necessary for the Administrator to take a stand or for the Customer to exercise its warranty rights, the Customer shall deliver the
  11. Product at the Owner's expense to the following address: 67R Jeziorowa Street, 03-991 Warsaw.
  12. The requirement to deliver the Product shall not affect the time period awarded for the Administrator's response to the Customer's complaint.

 §10
Personal data

  1. The personal data controller is the Administrator. All information concerning the processing of personal data in connection with the provision of the Services, including the information that the Administrator is obliged to provide under the applicable legal regulations, can be found in the Privacy Policy.

§11
Terms of the website use

  1. All content and materials posted on the Website, including, without limitation, copyrights and other intellectual property rights in the form of graphics, photographs, text, video and audio files, trademarks and logos (collectively the "Content") are the property of the Administrator or its affiliated entities. You may access and use the Website and the Content only for personal, non-commercial or entertainment purposes. 
  2. The Administrator does not agree to the distribution, modification, copying, adaptation, publication, reproduction, reuse, retransmission, binding, posting, sending, transmission or creation of derivative works from any Content for any public or commercial purposes, without prior written consent of the Administrator or the owner of such materials.
  3. The Website may enable Users to interact with other people and share their thoughts or content. A User who notices any unacceptable behaviour from another User should contact the Administrator by e-mail at the following address: CONTACT@label-magazine.com.
  4. The User is solely responsible for the content and other materials that he or she posts on the Website or sends to other Users.
  5. The User assures and guarantees that:
    1. the User has exclusive and unlimited copyrights to the content and materials posted on the Website,
    2. the User is entitled to dispose of property rights to the posted content and materials,
    3. the posted content and materials do not constitute an adaptation or elaboration of any third party’s work,
    4. the posted content and materials are not encumbered by claims and rights of third parties.
  6. The User hereby declares that should any claims be made against the Administrator for infringement of the copyrights of a third party in connection with the content and materials posted by the User, the User undertakes to satisfy them in full, as well as to cover the costs of any legal proceedings.
  7. The users are absolutely prohibited from publishing, among other things, content that violates the intellectual property rights of another party, is defamatory, offensive, indecent, pornographic, violates the right to privacy, threatens or harasses, promotes racism and hate speech, promotes illegal activities or contains advertising or promotional materials.
  8. The Administrator has the right to view, edit and delete the content and materials which the User or other persons send to or post on the Website, but is not obliged to do so and is not responsible for the accuracy, adequacy, usefulness, security or intellectual property rights applicable to the content or relating to such content and materials.

§12 
Final provisions

  1. Agreements concluded through the Online Store are made in Polish. 
  2. The Seller reserves the right to amend these Regulations for important reasons, such as changes in legal regulations or changes in payment and delivery methods, in so far as such changes affect the implementation of these Regulations.
  3. The Seller shall inform the Customer about each change at least 7 days in advance.
  4. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular including the Civil Code, the Act on the provision of services by electronic means, the  Act on consumer rights and the Act on personal data protection.
  5. The Customer has the right to make use of the available out-of-court procedures to pursue his/her complaints and claims. To this end, the Customer can submit a complaint via the EU ODR online platform available at the following address: http://ec.europa.eu/consumers/odr/.
  6. These Regulations shall enter into force as of 1.01.2019

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The Controller deciding about the method and purpose of processing of personal data is the company Labelpunks Publishing House spółka z ograniczoną odpowiedzialnością with a registered office in Warsaw, ul. Jeziorowa 67R, 03-991 Warsaw, entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw, in Warsaw, 13th Business Section of the National Court Register under number KRS 0000582223, with a tax identification number (NIP) 9522140360 and a statistical identification number (REGON) 362811672.
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Should you have any questions regarding the processing of your personal data, please contact us at daneoosowe@label-magazine.com. Detailed information on the processing of your personal data can be found in the privacy policy tab.

I have read and consent to the processing of my personal data