Newsletter Delivery Regulations
Effective from November 1, 2023

This document defines the rules and conditions for delivering digital content electronically in the form of a Newsletter and constitutes the regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services.

 I. Definitions 

1. STOCKSHOCK – Jowita Niemczyk VISION – ADVERTISING, PRINTING, 89-400 Sępólno Krajeńskie, ul. Bergera 12, Poland, NIP: 5551080500, REGON: 34034668

2. Client – Consumer, Consumer – Professional, or Entrepreneur who wishes to receive digital content without the need to enter into a Newsletter delivery agreement with STOCKSHOCK;

3. Consumer – a natural person performing a legal act with STOCKSHOCK not directly related to their economic or professional activity;

4. Consumer – Professional – a natural person entering into an agreement with STOCKSHOCK directly in connection with their economic activity (thus being an Entrepreneur) if the contract’s content indicates that it does not have a professional character for them, particularly based on the scope of their economic activity made available under the provisions of the Central Register and Information on Economic Activity;

5. Newsletter – digital content within the meaning of the Consumer Rights Act, including commercial information regarding the current activities of STOCKSHOCK (including information on news and promotions available on the Website) and educational materials (e.g., e-books, brochures, checklists, etc.);

6. Privacy Policy – a document containing information on the processing of personal data by STOCKSHOCK, available at https://stockshock.art/privacy-policy/

7. Entrepreneur – a natural person, legal entity, or an organizational unit without legal personality, to which specific provisions grant legal capacity, conducting business or professional activity in their own name;

8. Newstletter delivery Regulations – this document;

9. Regulations – a document regulating the provision of other services by STOCKSHOCK, available at https://stockshock.art/terms-of-service/

10. Website – a website operated by STOCKSHOCK, available at https://stockshock.art

11. Subscriber – a person who is a Consumer, Consumer – Professional, or Entrepreneur who has entered into a Newsletter delivery agreement with STOCKSHOCK or has taken actions to conclude such an agreement;

12. Teleinformatics System – a set of cooperating computer devices and software providing data processing, storage, as well as sending and receiving data through telecommunications networks using the appropriate end-user device within the meaning of the Act of July 16, 2004, Telecommunications Law (Journal of Laws of 2004 No. 171, item 1800 as amended);

13. Digital Environment – computer hardware, software, and network connections used by the Subscriber to access digital content or digital services or to use them;

14. Newsletter Delivery Agreement – an agreement for the delivery of digital content within the meaning of the Consumer Rights Act, under which STOCKSHOCK undertakes to deliver the Newsletter to the Subscriber free of charge for an indefinite period, and the Subscriber undertakes to provide their personal data for this purpose;

15. Consumer Rights Act – the Act of May 30, 2014, on consumer rights, Journal of Laws of 2014, item 827, as amended.

II. Contact with STOCKSHOCK Contact with STOCKSHOCK is possible by:

a) electronic means – at the address: info@stockshock.art
b) mail – at the address: 89-400 Sępólno Krajeńskie, ul. Bergera 12, Poland
c) telephone – at the number: +48 501 588 692

III. Technical Requirements

1. To receive the Newsletter, the Subscriber must meet the following requirements: a) having a device enabling an Internet connection; b) an active connection of the device mentioned above to the Internet; c) having an active and properly configured email account; d) having an up-to-date web browser (Mozilla Firefox, Google Chrome, Opera, Microsoft Edge, Safari, etc.); e) having computer programs that allow reading files in PDF, DOCX, or XLSX format.

2. STOCKSHOCK informs that despite using electronic transfer and content protection, using the Internet and electronically provided services may be subject to the risk of unauthorized access to the Teleinformatics System and the Subscriber’s device, harmful software, or unauthorized access to data on the Subscriber’s device by third parties. To minimize this risk, STOCKSHOCK recommends that the Subscriber use antivirus programs or means to protect their identification on the Internet.

3. STOCKSHOCK may introduce additional software or data into the Teleinformatics System used by the Subscriber, which is not part of the services provided by STOCKSHOCK, in particular, it may use cookies or similar technologies that are not absolutely necessary if the Subscriber has given prior consent as described at https://stockshock.art/privacy-policy/.

IV. Newsletter Delivery Agreement 

1. Entering into a Newsletter Delivery Agreement requires the Subscriber to perform the following activities:
   a) visiting the Website;
   b) entering their first name and email address in the dedicated form;
   c) accepting this Regulations via the checkbox and consenting to receive commercial information;
   d) confirming the Newsletter order by clicking the link provided in the email sent to the provided email address.

2. Upon confirmation of the Newsletter order, an agreement for the delivery of the Newsletter is concluded between the Subscriber and STOCKSHOCK.

3. The Newsletter Delivery Agreement is concluded for an indefinite period.

4. STOCKSHOCK informs the Subscriber, and the Subscriber, when entering into the Newsletter Delivery Agreement, acknowledges that: a) the Newsletter is not subject to updates; b) the frequency and delivery dates of the Newsletters are not predetermined and depend on STOCKSHOCK’s current situation.

5. The Newsletter is delivered electronically to the email address provided by the Subscriber.

6. Regardless of the circumstances, although the Newsletter is delivered to the Subscriber free of charge, the Subscriber incurs costs related to using the Internet, from which they are accessing it. The costs of Internet connection correspond to the rates of the Subscriber’s network operator.

V. Termination of the Newsletter Delivery Agreement or Withdrawal from the Newsletter Delivery Agreement

1. The Subscriber may terminate the Newsletter Delivery Agreement at any time without giving a reason, with immediate effect.

2. The Subscriber who is a Consumer or a Consumer – Professional may also withdraw from the Newsletter Delivery Agreement without giving a reason within 14 (fourteen) days from the date of its conclusion. To meet the deadline mentioned in the previous sentence, it is enough to send a statement of withdrawal before the deadline.

3. Withdrawal from the Newsletter Delivery Agreement or its termination requires the Subscriber to submit the appropriate statement to STOCKSHOCK. The statement as mentioned above may be submitted by:
   a) the Subscriber clicking on the link allowing them to unsubscribe from receiving the Newsletter, which is sent with each Newsletter;
   b) sending a statement to STOCKSHOCK by the Subscriber about the withdrawal from the Newsletter Delivery Agreement or its termination by electronic or regular mail.

4. The statement of withdrawal from the Newsletter Delivery Agreement can be made using the form attached as Annex No. 1 to the Regulations. This form also constitutes Annex No. 2 to the Consumer Rights Act.

5. Immediately after receiving the statement of withdrawal from the Newsletter Delivery Agreement or its termination, STOCKSHOCK will cease delivering the Newsletter to the Subscriber.

VI. Delivery of Digital Content Outside of the Newsletter Delivery Agreement 

1. If the Customer wishes to receive digital content available within the Newsletter without entering into a Newsletter Delivery Agreement, such digital content can be obtained for a fee.

2. In the event of the desire to obtain digital content for a fee, the Customer has the option to purchase them through the Store, in accordance with the Store’s Regulations and other services. If the digital content is not available in the Store, the Customer should contact STOCKSHOCK to individually agree on the terms of the digital content delivery agreement. Detailed rules for entering into agreements as mentioned in the previous sentence can be found in the Service’s Regulations at https://stockshock.art/terms-of-service/.

VII. Copyright 

1. Upon delivery of the Newsletter to the Subscriber, STOCKSHOCK grants the Subscriber a non-exclusive license to use digital content in the form of the Newsletter, on the terms specified in the Regulations.

2. The license is granted for an indefinite period.

3. Under the license granted by STOCKSHOCK, the Subscriber has the right to use digital content contained in the Newsletter solely in the following fields of exploitation: a) saving to the electronic devices owned by the Subscriber; b) playback and viewing; c) reproduction only to the extent justified by the personal needs of the Subscriber.

4. The Subscriber is not entitled to grant further licenses.

5. Violation of the license terms specified in the Regulations entitles STOCKSHOCK to assert claims against the Subscriber, including pursuing legal action.

VIII. Complaints 

1. Subscribers who are Consumers or Professional Consumers have the right to lodge a complaint with STOCKSHOCK in the event of non-compliance of the Newsletter with the Newsletter Delivery Agreement.

2. STOCKSHOCK is responsible for the non-compliance of digital content contained in the Newsletter with the Newsletter Delivery Agreement: a) existing at the time of delivery of the Newsletter and disclosed within 2 (two) years from that moment – in the case of one-time or partial delivery of the Newsletter; b) disclosed during the delivery of the Newsletter – in the case of continuous delivery of the Newsletter.

3. In the event of non-compliance as mentioned in section 2 above, the Subscriber may request the Newsletter to be brought into compliance with the Newsletter Delivery Agreement.

4. The Subscriber may submit a complaint electronically or in writing, and the complaint should include: the Subscriber’s contact details (name, address for correspondence or email address), the email address to which the Newsletter was to be sent, the reason for filing the complaint, and the request of the User in connection with the submission of the complaint (request to bring the Newsletter into compliance with the Newsletter Delivery Agreement).

5. The Subscriber is obliged to cooperate with STOCKSHOCK, to a reasonable extent and using the least burdensome technical means for the Subscriber, to determine whether the non-compliance of the Newsletter with the Newsletter Delivery Agreement results from the characteristics of the Subscriber’s Digital Environment.

6. STOCKSHOCK may refuse to bring the Newsletter into compliance with the agreement if bringing it into compliance with the agreement is impossible or would require excessive costs for STOCKSHOCK.

7. STOCKSHOCK brings the Newsletter into compliance with the agreement in a reasonable time from the moment it is informed by the Subscriber about the non-compliance with the agreement, and without excessive inconvenience to the Subscriber, taking into account its nature and purpose of use. The costs of bringing the Newsletter into compliance with the agreement are borne by STOCKSHOCK.

8. If the Newsletter is not in compliance with the agreement, the Subscriber may submit a statement on withdrawal from the Newsletter Delivery Agreement when: a) bringing the Newsletter into compliance with the agreement is impossible or would require excessive costs according to section 6 above; b) STOCKSHOCK does not bring the Newsletter into compliance with the agreement in accordance with section 7 above; c) the non-compliance of the Newsletter with the agreement persists even though STOCKSHOCK has tried to bring the Newsletter into compliance with the agreement; d) the non-compliance of the Newsletter with the agreement is so significant that it justifies withdrawal from the agreement without prior use of the protection measure specified in section 3 above; e) it clearly follows from STOCKSHOCK’s statement or circumstances that it will not bring the Newsletter into compliance with the agreement in a reasonable time or without excessive inconvenience to the Subscriber.

9. STOCKSHOCK considers the complaint without delay, but not later than within 14 days, and provides the Subscriber with an answer, unless a shorter period for responding to the complaint results from an applicable legal provision.

10. If STOCKSHOCK does not accept the Subscriber’s complaint, and the Subscriber disagrees with this decision, the Subscriber has the option to use out-of-court methods for considering complaints and pursuing claims.

11. Detailed information on the possibility for the Subscriber to use out-of-court methods for considering complaints and pursuing claims, as well as the rules for access to these procedures, are available at the offices and on the websites of: a) district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection; b) Voivodship Inspectorates of Trade Inspection; c) Office of Competition and Consumer Protection.

12. The Subscriber may join the online dispute resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL

13. In the event of withdrawal by the Subscriber from the Newsletter Delivery Agreement, STOCKSHOCK immediately suspends the delivery of the Newsletter upon receipt of the withdrawal statement.

14. In the event of withdrawal from the Newsletter Delivery Agreement, the Subscriber is obliged to discontinue using the Newsletter and making it available to third parties.

IX. Processing of Personal Data

Information regarding the processing of personal data by STOCKSHOCK can be found in the Privacy Policy.

X. Change of Regulations

1. STOCKSHOCK may change the Regulations for valid reasons, in particular in the case of: a) a change in the legal status requiring changes to the Regulations; b) a change in STOCKSHOCK’s scope of business; c) modification of services previously provided or cessation of their provision; d) correction of errors and mistakes in the Regulations.

2. Subscribers will be informed about the change of the Regulations by publishing its amended version on the Service’s website, at least 14 (fourteen) days before the effective date of the changes. In the term mentioned in the preceding sentence, the amended version of the Regulations will also be sent to the Subscribers via email.

3. Agreements for the delivery of the Newsletter concluded before the date of entry into force of the new Regulations are subject to the provisions of the Regulations then in force.

4. A Subscriber who does not agree to the change of the Regulations may terminate the Newsletter Delivery Agreement with immediate effect until the effective date of the changes to the Regulations. Failure to terminate is considered as consent to the change of the Regulations.

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Attachment No. 1

DECLARATION OF WITHDRAWAL FROM THE AGREEMENT (this form should be completed and sent only if you wish to withdraw from the agreement)

Statement of Withdrawal from the Agreement

I hereby inform you that I am withdrawing from the agreement for the provision of electronic services, i.e., the Newsletter Delivery Agreement, email address to which the Newsletter was to be delivered: _________________________

[Name and address] ……………………………………………………….. ……………………………………………………….. ………………………………………………………