NEWSLETTER TERMS AND CONDITIONS

These Terms and Conditions define the rules for using the newsletter, which has been established for the purpose of regularly providing you with valuable content, such as news or information regarding our services and offers.

This document explains, among other things:

• who is the administrator of the newsletter,
• the purpose and legal basis for sending the messages,
• how personal data is processed,
• your rights as a subscriber,
• and how you may unsubscribe from the newsletter at any time.

I care about transparency and the respect of your privacy; therefore, I have prepared this document in the simplest and most straightforward manner possible. Familiarizing yourself with it will allow you to consciously use my services, products, and materials.

These Terms and Conditions are effective as of: 12.11.2025
Email address for contacting the Service Provider: [email protected]

§1 WHO SENDS THE NEWSLETTER TO YOU AND WHAT DOES IT INCLUDE?

1.These Newsletter Terms and Conditions set out the detailed rules for the provision of the free Newsletter service by DaviBikes sp. z o.o.,/formerly Razon Damian Nowak, with its registered office at Dąbie 67, 39-311 Dąbie, Poland,
VAT number (NIP): 8172223405,
REGON: 54338271600000,
hereinafter referred to as the “Service Provider” or the “Seller.
The Newsletter service includes the sending of:
a) educational content, information about new posts, materials shared on social media, discounts, current promotions, bonuses, events, challenges, trainings, as well as other marketing and commercial information regarding products and services offered or recommended by the Service Provider;
b) additional commercial information, sent to the means of electronic communication selected by the Service Recipient in the form of e-mail messages, direct telephone calls using the Information and Telecommunication System (a set of cooperating IT devices and software, ensuring the processing and storage, as well as the sending and receiving of data via telecommunications networks through an appropriate end device for a given type of telecommunications network within the meaning of telecommunications law), containing personalized offers or discounts, tailored to the interests and preferences of the Service Recipient, but not significantly affecting their decisions. This information is created based on personal data provided by the Service Recipient in connection with the use of the Service Provider’s services, including through registration forms for webinars, purchases, or registration on the Service Provider’s Website, as well as the downloading of digital materials or other interactions related to the services provided by the Service Provider electronically.

§2 ON WHAT LEGAL BASIS IS THE NEWSLETTER SENT TO YOU AND THROUGH WHICH INTERMEDIARY?

1. The legal basis for sending the information referred to in section 2(b) is:
a) Art. 6(1)(a) of the GDPR – consent of the data subject;
b) Art. 398 in connection with Art. 400 of the PKE Act – consent to the sending of commercial information via electronic communication means.
2. By subscribing to the Newsletter, the Subscriber gives the Service Provider consent to process the Subscriber’s data, including their first name and e-mail address, for the purpose of sending the Newsletter under the terms specified in the Newsletter Terms and Conditions and in the Privacy Policy available at: https://davibikes.ie/privacy-policy/.
3. The Newsletter service is provided through MailerLite Limited, Ground Floor, 71 Lower Baggot Street, Dublin 2, D02 P593, Ireland.
4. The Subscriber may unsubscribe from the free Newsletter service at any time.

§3 UNDER WHAT TERMS DO YOU RECEIVE THE NEWSLETTER?

1. You may obtain access to the Newsletter free of charge – by subscribing to the Newsletter and providing your e-mail address, first name, or other personal data required in the subscription form for marketing/commercial purposes.
2. In order to subscribe to the Newsletter and obtain access to the service/digital content:
a) provide personal data through the provided subscription form,
b) accept the Newsletter Terms and Conditions,
c) confirm your e-mail address or phone number – in the event that confirmation of the e-mail address was required at the subscription stage (double opt-in mechanism).
3. The agreement for the provision of access to digital content is concluded for an indefinite period upon the display of the subscription confirmation to the Client.
4. Newsletter Subscribers may receive additional discounts or free accessories on selected products available in the Seller’s online store. The discount is granted after contact with the Customer Service Office and applies to the gross value of the order. The amount of the discount may depend on the value of the order.
5. Discounts cannot be combined with other promotions and sales, unless the Seller decides otherwise. Discounts are granted individually after telephone confirmation and do not constitute a permanent price reduction.
6. Access to the Newsletter, including the provided services and digital content, is granted immediately upon the conclusion of the Agreement, unless otherwise specified in the Service Description. In the event of not obtaining access, the aforementioned lack must be reported to the Service Provider.
7. Termination of the Agreement for the provision of access to the Newsletter, including the delivery of the service and digital content, may occur immediately. In order to terminate the Agreement:
a) click the “Cancel Subscription” / “Unsubscribe” button or an equivalent button, or
b) contact the Service Provider.

§4 TECHNICAL REQUIREMENTS

1. The Subscriber must have a device and software that meet the following minimum technical requirements:
a) a device with Internet access, such as a computer, tablet, or smartphone, equipped with one of the most popular web browsers (e.g., Firefox version 126.0.1 or later, Chrome, Safari, Opera);
b) an active e-mail address capable of receiving electronic messages;
c) software enabling the reading and handling of files in formats including:

• PDF – to open PDF files, software such as Adobe Reader or other compatible applications is required;
• JPG, PNG – to view images in standard formats, the built-in photo viewer in the operating system or external graphic software is sufficient;
• ZIP – to open ZIP archives, decompression software such as WinRAR, 7-Zip, or built-in tools in Windows, macOS, or Linux operating systems is necessary;
• DOC, DOCX (if applicable) – to read text files in Microsoft Word formats, software such as Microsoft Office, LibreOffice, or compatible applications is required;

d) Ensuring that the device has installed updates of the operating system and applications to ensure compatibility with the transmitted materials,
e) Ensuring an up-to-date tool allowing contact through the use of telemarketing.
2. If additional technical requirements are necessary to use the Newsletter, including the provided services or digital content, we will inform you in advance. You will also be notified when an update is required to ensure that the services or content remain compliant with the Agreement.

§5 HOW TO FILE A COMPLAINT IF THE NEED ARISES?

1. If the services or digital content provided as part of the Newsletter are not in conformity with the Agreement, you have the right to demand that they be brought into conformity. In the case of paid services, you may also submit a statement requesting a price reduction or withdraw from the Agreement.
2. A complaint may be submitted by e-mail, in writing, or by another method indicated for contact – and the Service Provider shall consider it within 14 days of receipt.
3. The Service Provider may refuse to bring the services or digital content into conformity if doing so would be impossible or would involve excessive costs. In assessing whether the costs are excessive, factors such as the significance of the non-conformity and the value of the conforming services or digital content are taken into account.
4. The detailed rules for submitting and handling complaints, as well as the consumer’s rights in this regard, are defined by the Consumer Rights Act, in particular Chapter 5b.

§6 HOW AND WHEN YOU MAY WITHDRAW FROM THE AGREEMENT FOR THE DELIVERY OF THE NEWSLETTER?

1. You have the right to withdraw from the Agreement within 14 days from the date of its conclusion. To do so, it is sufficient to inform the Service Provider of your decision by sending a clear statement – for example, by e-mail or letter to the address indicated in the Terms and Conditions.
2. You also have the right to withdraw from the Agreement if the digital content or service has not been delivered to you.
3. After withdrawing from the Agreement, you must not use the provided content or share it with other persons.

§7 INTELLECTUAL PROPERTY

Please remember and respect my creative work: the exclusive rights to all elements, including works within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws of 2022, item 2509, as amended), made available by me, in particular copyright, belong to me as the Service Provider or to the entities with which the Service Provider has concluded appropriate agreements. The Subscriber has the right to use this content free of charge solely for personal use and for the purpose of proper use of the Newsletter service worldwide. The use of this content beyond this scope is permitted only on the basis of express, prior consent granted by the Service Provider or the entitled entity in writing under the penalty of nullity.

§8 GDPR – HOW YOUR PERSONAL DATA IS PROCESSED TO DELIVER THE NEWSLETTER TO YOU

1. The administrator of your personal data is the Service Provider. Your data is processed for the following purposes:
a) Data necessary for the conclusion and performance of the Agreement shall be processed for the duration of the performance of the Agreement, including for the duration of the exercise of rights arising from the Agreement (Art. 6(1)(b) and (f) of the GDPR). Providing this data is voluntary but necessary for the conclusion and performance of the Agreement;
b) Additional data provided for purposes including, inter alia, facilitating the performance of the Agreement shall be processed no longer than until you raise an objection or the business purpose based on a legitimate interest in customer service ceases to exist (Art. 6(1)(f) of the GDPR).
c) Data shall also be processed for the duration of the limitation period for claims based on the legitimate interest of the Service Provider for the purpose of defending against claims, as well as for the purpose of establishing and pursuing claims (Art. 6(1)(f) of the GDPR).
d) Data may also be archived for internal and statistical purposes until you raise an objection or the business purpose based on the legitimate interest of the Service Provider ceases to exist (Art. 6(1)(f) of the GDPR).
e) In the case of data collected for marketing and commercial purposes, including for the purpose of providing marketing information as part of the Newsletter service, the data shall be processed based on the legitimate interest of the Service Provider in the form of marketing the Service Provider’s products and services (Art. 6(1)(f) of the GDPR) as well as based on your consent. Your data shall be processed no longer than until you raise an objection/revoke consent or the business purpose ceases to exist – whichever occurs first. Providing the data is voluntary, however, it is necessary to receive marketing/commercial information. You may withdraw your consent at any time by clicking the link in the e-mail footer or by writing to the Service Provider at the address provided above.
2. Your data may be entrusted to other entities only when it is necessary for the achievement of the processing purposes referred to above and solely to the extent necessary to achieve that purpose. If required, your data may be transferred to a hosting company, entities supporting the handling and sending of the Newsletter, the social media platform Meta, a company providing cloud services, entities providing marketing services, and other entities that assist the Administrator in achieving the processing purposes.
3. In connection with the GDPR, you are entitled to:
a) the right to access your personal data,
b) the right to rectify personal data,
c) the right to erase personal data,
d) the right to restrict the processing of personal data,
e) the right to object to the processing of personal data,
f) the right to data portability,
g) the right to withdraw consent, provided that the withdrawal of consent does not affect the lawfulness of processing carried out prior to its withdrawal.
4. If you believe that your personal data is being processed in violation of applicable law, you have the right to lodge a complaint with the President of the Personal Data Protection Office.

§9 FINAL PROVISIONS

1. In connection with the use of the Newsletter, including the service or digital content, it is prohibited to provide information of an unlawful nature and to act in a manner contrary to the law, good practices, or infringing upon the personal rights of third parties.
2. Amicable dispute resolution and the handling of complaints in the case of a consumer is possible by applying to:
a) a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded Agreement;
b) the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable resolution of a dispute;
c) the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection, in order to obtain assistance regarding the Agreement.
3. The Service Provider reserves the right to introduce changes to the Terms and Conditions for important reasons, in particular due to changes in legal regulations to the extent that such changes also require the Service Provider to amend the content of these Terms and Conditions, in particular changes in the provisions of the Civil Code, the Consumer Rights Act, the Act on the Provision of Services by Electronic Means, as well as pursuant to binding decisions of the UOKiK, PUODO, or court rulings to the extent corresponding to the issued decisions/rulings, and in the event of a significant change in business factors, provided that there is a causal link between the aforementioned change and the change in the costs of providing services by the Service Provider. Detailed information regarding the changes is indicated by the Consumer Rights Act.
4. Polish law shall apply to these Newsletter Terms and Conditions. In the case of consumers having their habitual residence in a Member State of the European Union or in another state where provisions granting the consumer broader protection than that arising from Polish law are in force, such provisions shall apply, provided that they are more favorable to the consumer.
5. The provisions of these Terms and Conditions are not intended to limit or exclude the rights of the consumer arising from the mandatory provisions of the law applicable to their place of residence.