Terms and Conditions
**§1 General Provisions**
1.1. These regulations govern the rules of using the Online Store operating at www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl.
1.2. The online store operating at www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl is owned and managed by EMPOWERED U LIMITED, a limited liability company registered in England under number 15714318, with a registered address at 2 Livesey Close, SE28 0GR, London.
1.3. Contact details enabling the Buyer to contact the Seller:
– Postal address: 2 Livesey Close, SE28 0GR, London
– Telephone and/or fax number: Tel: +44 77 259 75 952
– Email address: info@justynakubach.pl
1.4. The regulations of the EMPOWERED U LIMITED online store are continuously available on the websites www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl in a manner enabling Customers to obtain, reproduce, and preserve its content. The regulations are also provided to Customers before concluding a contract.
**§2 Definitions**
The terms used in these regulations mean:
2.1. Consumer – a natural person as defined in Art. 221 of the Civil Code,
2.2. Entrepreneur with consumer rights – a natural person entering into a contract directly related to their business activity when the nature of the contract does not have a professional character for this person, particularly from the perspective of the business activity they perform as available under the Central Register and Information on Business Activity regulations,
2.3. Entrepreneur – a natural person, legal entity, or organizational unit not being a legal entity, to which the law grants legal capacity, conducting business or professional activity on their behalf, and performing legal actions directly related to their business or professional activity,
2.4. Service Provider/Seller – EMPOWERED U LIMITED, 2 Livesey Close, SE28 0GR, London, 15714318,
2.5. Online Store – the online store operated at www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl by EMPOWERED U LIMITED, 2 Livesey Close, SE28 0GR, London, 15714318,
2.6. Civil Code – the act of April 23, 1964 (Journal of Laws 2020.1740),
2.7. Goods and Services – all services provided and goods being the subject of a sales contract between the seller and the buyer,
2.8. Regulations – these terms and conditions of electronic services provision under the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2020.344),
2.9. Client/Buyer – a natural person, legal entity, or organizational unit not being a legal entity, which the special provisions grant legal capacity, who makes or intends to place an Order via the Online Store using electronic means, including Consumers, Entrepreneurs with consumer rights, and Entrepreneurs,
2.10. Order – a statement of will of the Client in which the Client accepts the Seller’s sales offer, which includes in particular the price, type, quantity of Goods or Services within the sales contract via the online store,
2.11. Consumer Rights Act – the act of May 30, 2014, on consumer rights (Journal of Laws 2020.287).
**§3 Rules of Using the Online Store**
3.1. The prices of all goods and services offered by the Store are gross prices and are expressed in Polish zloty. Deviations from the Polish currency principle are clearly marked.
3.2. Prices shown on the online store’s websites www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl by EMPOWERED U LIMITED, as well as descriptions of goods and services, constitute only commercial information, not an offer within the meaning of the Civil Code. They gain binding character for concluding a specific contract only upon the Seller’s confirmation of accepting the order for execution.
3.3. The Seller uses discount codes in the online store www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl EMPOWERED U LIMITED, entitling to purchase goods with the discount listed on the coupon. Discount codes are not exchangeable for cash equivalents.
3.4. Placing an order in the online store www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl requires acceptance of these Regulations.
3.5. To place an effective order in the EMPOWERED U LIMITED online store, it is necessary to have a device with internet access, enabling the browsing of web pages, and also a keyboard or other device enabling proper completion of electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.
3.6. The Online Store’s website uses Responsive Web Design (RWD) technology, which adjusts the content of the site to the device it is displayed on. The Store’s site is prepared for display on both desktop computers and mobile devices.
3.7. The EMPOWERED U LIMITED online store website has an SSL certificate – a secure communication encryption protocol.
**§4 Terms of Concluding a Sales Contract**
4.1. Orders in the EMPOWEREDU LIMITED online store can be placed by filling in the appropriate forms available on the store’s websites www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl.
4.2. The Client, when placing an order, is obliged to provide correct personal data: first and last name, email address, and mobile phone number.
4.3. After receiving the order, the Seller confirms its receipt and simultaneously informs about the acceptance of the Order for execution. The order confirmation is made by sending the relevant email by the Seller to the address provided in the order form. At the moment of confirming the order acceptance for execution by the Seller, the contract is considered concluded.
4.4. Making available and preserving the content of the sales contract occurs by providing these Regulations on the Online Store’s website, sending relevant information to the Client’s email address provided when placing the order as mentioned in §4 point 4.2.
4.5. Placing Orders in the EMPOWERED U LIMITED online store is possible 24 hours a day throughout the year.
**§5 Payment Methods and Payment Terms**
5.1. In the EMPOWERED U LIMITED store, it is possible to make payments in one of the following ways: payment by card, bank transfer to the Seller’s bank account, PayPal.
**§6 Contract Withdrawal**
6.1. The Buyer being a Consumer or an Entrepreneur with consumer rights, who has concluded a contract remotely or outside the business premises, has the right to withdraw from the concluded sales contract within 14 days from the date of receiving the service without providing any reason
.
6.2. In the event of exercising the right mentioned in the preceding point, the Buyer should inform the Seller about this by submitting a withdrawal statement on the form provided by the Seller, which can be sent by post to: info@justynakubach.pl; it can also be done electronically using the electronic withdrawal form sent to the seller’s email address info@justynakubach.pl. To meet the deadline, it is sufficient to send the statement before its expiration. A withdrawal statement submitted after the deadline mentioned in §6 point 6.1 has no legal effect.
6.3. The withdrawal form is provided to the Buyer electronically (as an attachment to the electronic correspondence confirming the acceptance of the order for execution).
6.4. In the event of submitting a withdrawal statement electronically via the electronic withdrawal form, the Seller will promptly send a confirmation of receipt of the withdrawal statement (on a durable medium as defined in Art. 2 point 4 of the Act of May 30, 2014 – on consumer rights).
6.5. The cost of returning the electronic product, except for the situation mentioned in Art. 33 and Art. 34 sec. 2 of the Act of May 30, 2014 – on consumer rights, is borne by the Seller.
6.6. In the event of withdrawal from the contract, all payments made by the Buyer will be returned to the Buyer’s bank account promptly, but no later than within 14 days from the date the Seller receives the Buyer’s withdrawal statement.
6.7. The Seller declares that the payment return mentioned in §6 point 6.9 of the Regulations will be made using the same payment method that the Buyer used. The Seller, in agreement with the Buyer, may establish a different method of return that does not involve any additional costs for the Buyer.
6.8. The Seller declares that the right to withdraw does not apply to contracts included in Art. 38 of the Act of May 30, 2014 – on consumer rights.
6.9. By concluding the contract, the Consumer or Entrepreneur with consumer rights confirms that they have read the content of these regulations, including confirming that they have been informed about the right to withdraw from the concluded sales contract within 14 days from the date of receiving the goods.
**§7 Complaints**
7.1. The basis and scope of the Seller’s liability to the Client, due to the non-conformity of the Product with the Contract, are determined by the generally applicable laws and the following provisions of the Regulations.
7.2. The Seller is obliged to deliver a product without defects.
7.3. In case of finding mechanical damages during electronic delivery or when submitting a complaint to the Seller, the Buyer should send information about this fact by post to: 2 Livesey Close, SE28 0GR, London, or by email to info@justynakubach.pl. The notification should preferably specify the defect the Client believes the product/service has, and if possible – document the defect, date of occurrence, demand for the manner of bringing the product in line with the contract according to Art. 560 and subsequent of the Civil Code, and provide contact details. These requirements are recommendations, their absence does not affect the effectiveness of complaints submitted.
7.4. The seller undertakes to consider each complaint within 14 days.
7.5. If the complaint is accepted, the Seller undertakes to deliver a new product/service free from defects or offer another resolution in line with the applicable laws and regulations.
**§8 Refund Policy**
8.1. The Seller, EMPOWERED U LIMITED, operating the online store at www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl, provides a refund policy for its customers.
8.2. In case of a return of goods or services, the Buyer has the right to receive a refund for the returned items, excluding the costs of delivery, within 14 days from the date the Seller receives the returned goods or services.
8.3. The returned items must be in their original condition, unused, and with all tags attached. Any signs of use or damage may result in the refusal of the return or a deduction from the refund amount.
8.4. The Buyer is responsible for the cost of returning the goods or services, except in cases where the return is due to the fault of the Seller or the product is defective.
8.5. Refunds will be processed using the same method of payment used for the original transaction, unless otherwise agreed between the Seller and the Buyer.
8.6. The Seller reserves the right to refuse a refund if the returned items do not meet the conditions specified in this refund policy.
8.7. For any inquiries regarding refunds or returns, the Buyer may contact the Seller using the contact details provided in these Terms of Service.
8.8. This refund policy is in addition to any statutory rights that the Buyer may have under applicable laws and regulations, including but not limited to consumer protection laws.
8.9. By making a purchase from the EMPOWERED U LIMITED online store, the Buyer acknowledges and agrees to abide by the terms of this refund policy.
**§9 Final Provisions**
9.1. The Regulations are continuously available on the Online Store’s website www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl in a manner enabling Clients to obtain, reproduce, and preserve its content.
9.2. The Regulations may be amended. Clients will be informed about the amendments to the Regulations via the website www.justynakubach.elms.pl, www.justynakubach.pl, and www.en.justynakubach.pl and by email to the address provided in the order.
9.3. Amendments to the Regulations come into force on the date indicated in the amendment notice, no sooner than 14 days from the date of its publication. Orders placed before the effective date of amendments are executed based on the existing provisions.
9.4. Matters not covered by these Regulations are governed by the generally applicable laws.
9.5. The Regulations come into force on May 24, 2024.