Terms & Conditions

https://empoweredliving.pl/

Hi,

My name is Agnieszka Jankiewicz and I am a creator of digital content, access to which I sell through my store available at https://empoweredliving.pl/. I am very pleased that you show me your trust and that you are interested in shopping in my store.

Below you can find Terms & Conditions, with information about the way of placing the order leading to the conclusion of the contract, details regarding the implementation of the contract, the forms of delivery and payment available in the store, the procedure for withdrawal from the contract, or the complaint procedure.

Registration data: Empoweredliving.pl Agnieszka Jankiewicz, Koczargi Stare, ul. Leśna 7, 05-080 Izabelin, Poland. NIP: 7122436989, REGON: 147455614.

In case of any questions or doubts we are at your disposal at the e-mail address aga@empoweredliving.pl.

Best regards

Agnieszka Jankiewicz

Empowered Living

§ 1

Definitions

1) Customer – a natural person, a legal person or a person without legal personality

2) Consumer – a natural person concluding an agreement with the Seller not directly related to its business or professional activity,

4) Terms and Conditions – this Terms and Conditions document is available at https://empoweredliving.pl/terms-conditions/,

5) Store – an online store available at https://empoweredliving.pl/,

6) Seller – Agnieszka Jankiewicz, running a business under the name „Empoweredliving.pl Agnieszka Jankiewicz”, Koczargi Stare, ul. Leśna 7, 05-080 Izabelin. NIP: 7122436989, REGON: 147455614.

§ 2

Preliminary provisions

1. 1. Through the Store, the Seller sells digital content, while providing the Customer with electronic services in accordance with § 3 of the Terms and Conditions.
2. 2. The Terms and Conditions define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Customer.
3. 3. To make a purchase via the Store, it is not necessary to meet specific technical conditions by a computer or other device of the Customer. The following are sufficient:

1) access to the Internet,

2) standard operating system,

3) standard internet browser,

4) having an active e-mail address.

1. 4. To use the electronic products purchased in the Store, the following technical conditions must be met by a computer or other device of the Customer:

1) access to the Internet,

2) standard operating system,

3) standard internet browser,

4) standard .pdf  file browser (for example AdobeReader),

5) having an active e-mail address.

1. 5. In a situation where the use of electronic products would require the fulfilment of additional technical conditions, they are indicated in the description of the product in the Store.
2. 6. The Customer cannot buy anonymously or under a pseudonym.
3. 7. It is prohibited to use the Store to provide unlawful content, in particular by sending such content via forms available in the Store.
4. 8. All prices of products and services listed in the Store are gross prices.

§ 3

Services provided electronically

1. 1. Through the Store, the Seller offers to the Customer Services provided electronically.
2. 2. The basic service provided electronically to the Customer by the Seller is to enable the Customer to place an order in the Store leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the store.
3. 3. If the Customer decides to set up an account in the Store, the Seller also provides the Customer with an electronic service consisting of creating and maintaining an account in the Store. The account stores the Customer’s data and the history of orders placed by them in the Store. The Customer logs into the Account using their e-mail address and the password they have defined.
4. 4. Opening an account in the Shop is done by selecting the appropriate checkbox in the ordering process. The Customer may at any time delete the account by sending a relevant request to the Seller. Deleting the account will not delete information about orders placed using the account, which the Seller will store throughout the functioning of the Store, unless the Customer previously objects to the storage of this information and the Seller has no overriding interest in their storage.
5. 5. If the Customer decides to subscribe to the newsletter, the Seller also provides the Customer with an electronic service consisting of sending to the Customer e-mails containing information about new products, promotions, products or services of the Seller. The subscription to the newsletter is done by completing and sending the subscription form to the newsletter or by marking the appropriate checkbox in the ordering process. The Customer may at any time opt out of receiving the newsletter by clicking the button for resignation visible in each message sent as part of the newsletter or by sending a relevant request to the Seller.
6. 6. An electronic service to the Customer is free of charge. On the other hand, contracts for the supply of digital content concluded via the Store are payable.
7. 7. In order to ensure the Customer’s safety and transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
8. 8. The Seller takes steps to ensure that the Store functions properly. The Customer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
9. 9. Any complaints related to the functioning of the Store, the Customer may submit via e-mail to the email address aga@empoweredliving.pl. In the complaint, the Customer should provide the name and surname, address for correspondence, as well as the type and date of occurrence of the irregularity related to the functioning of the Store. The seller will consider any complaints within 14 days of receipt of the complaint and will inform the customer about its settlement to the e-mail address of the complaining party.

§ 4

Intellectual Property Rights

1. 1. The Seller hereby informs the Customer that the content available on the Store’s website and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act from February 4, 1994 on copyright and related rights, to which the Seller has copyright.
2. 2. The Seller hereby informs the Customer that the further distribution of copyrighted content by the Customer without the consent of the Seller, except for the use of the content as part of permitted personal use, constitutes a violation of the Seller’s copyright and may result in civil or criminal liability.

§ 5

Order placement

1. 1. The Customer can place an order as a registered customer or as a guest.
2. 2. A registered customer is a Customer who has an account in the Store. The Customer can set up an account when placing an order.
3. 3. If the Customer has an account in the store, before placing the order they should log in to it. Logging in is also possible when placing an order by clicking on the link available as part of the displayed message.
4. 4. Placing an order is done by completing the order form after adding electronic product to the basket. It is necessary to provide the data necessary to complete the order in the form. The condition for placing an order is acceptance of the Terms and Conditions, which the Customer should read in advance. In the event of any doubts regarding the Terms and Conditions, the Customer may contact the Seller.
5. 5. The ordering process is completed by clicking the button finalizing the order. Clicking the button finalizing the order is the Customer’s declaration of will leading to the conclusion of a contract with the Seller for the supply of digital content.
6. 6. If the Customer has chosen to pay online when placing the order, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator to make payment for the order.

§ 6

Delivery and payment

1. 1. The only available payment option in the Store is electronic payment.
2. 2. Electronic payments, including card payments, are handled by:

• Paynow, owned and operated by mBank S.A. with headquarters in Warsaw at ul. Senatorska 18, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000025237, with the tax identification number NIP: 5260215088;
• PayPal
• Stripe.

1. 3. If the Customer has asked for an invoice, it will be delivered to the Customer by e-mail to the e-mail address provided in the order form.

§ 7

Performance of the contract

1. 1. The implementation of an order covering electronic products takes place by sending to the e-mail address provided by the Customer in the order form a message containing instructions on downloading or gaining access to the purchased electronic product. Please, check SPAM and Offers folders.
2. 2. In the case of on-line courses, an account may be created for the Customer on the online platform, and the access data will be sent as part of the e-mail referred to in paragraph 1 above.
3. 3. In case of on-line courses, access to the content of the course may be limited in time, according to the information included in the course description on the Store’s website. In such a situation, after the indicated period of time, the Customer will lose access to the course.
4. 4. In the case of on-line courses, the Customer is obliged to use the online platform in a manner consistent with the law, the Terms and Conditions and good practices, in particular:

1) use the platform in a way that does not interfere with the use of the platform by its other users, not infringing any rights, assets or interests of third parties, not adversely affecting the platform, especially through the use of malicious software,

2) not share access data to the account on the platform to any third parties,

3) not to distribute the course or its individual parts without the prior consent of the Seller.

1. 5. In case of using the online platform in a manner contrary to the provisions of paragraph 4 above, the Seller retains the right to block the Customer from accessing the course.

§ 8

Consumer’s withdrawal from the contract

1. 1. A consumer who has concluded a distance contract with the Seller, has the right to withdraw from the contract without giving a reason within 14 days from taking possession of the purchased items (in the case of a sales contract) or within 14 days from the date of the contract (in the case of a contract for the delivery of digital content and contracts for the provision of services).
2. 2. Starting from 01/01/2021, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on consumer rights also applies to a natural person concluding a contract with the Seller directly related to their business activity, if the content of this contract indicates, that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when under this paragraph, the rights of the Consumer are mentioned, starting from 01/01/2021, these rights also apply to a person who meets the above criteria.
3. 3. The right to withdraw from the contract is not valid in respect of contracts for delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s full consent before the deadline for withdrawal and after being informed by the Seller about the loss of the right to withdraw from the contract.
4. 4. In order to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by means of an unambiguous statement – for example a letter sent by e-mail.
5. 5. In order to keep the deadline for withdrawing from the contract, it is enough for the Consumer to send information regarding the right of the consumer to withdraw from the contract before the deadline for withdrawal from the contract.
6. 6. In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from the Consumer immediately, and in any case not later than 14 days from the day on which the Seller was informed about the withdrawal from the contract.

§ 9

Responsibility for defects

1. 1. The Seller is obliged to provide the Customer with a digital content free from defects.
2. 2. The Seller is liable to the Customer if the sold digital content has a physical or legal defect (warranty for defects).
3. 3. If the Customer finds a defect of the digital content, they should inform the Seller about it, at the same time specifying the claim related to the defect found or by submitting a statement of appropriate content.
4. 4. The Customer may file complaints by email ( aga@empoweredliving.pl).
5. 5. The Seller will address the complaint submitted by the Customer within 14 days from the date of delivery of a complaint by the same means of communication with which the complaint was provided.
6. 6. Starting from 01/01/2021, the provisions on the Seller’s warranty for defects in the goods sold for Consumers also apply to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it does not have for this person a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§ 10

Personal data and cookies

1. 01. The Customer provides the Seller with personal data in connection with the conclusion of the contract, setting up an account, signing up for the newsletter or contacting the Seller.
2. 02. The Administrator of the Customer’s personal data is the Seller.
3. 03. The personal data of the Customer are processed for the following purposes and based on the following legal grounds:
4. 04. conclusion and performance of the contract – art. 6 sec. 1 lit. b GDPR,
5. 05. performance of tax and accounting obligations – art. 6 sec. 1 lit. c GDPR,
6. 06. defence, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
7. 07. identification of the returning customer, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
8. 08. handling inquiries from Customers who have not yet concluded the contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
9. 09. sending the newsletter, after prior consent – art. 6 sec. 1 lit. a GDPR.
10. 10. The recipients of the Customer’s personal data are: courier companies, tax offices, an accounting office, a law firm, a hosting provider, a CRM system supplier, an invoicing system supplier, and a mailing system supplier.
11. 11. The Customer’s personal data is stored in the Seller’s database throughout the entire period of conducting business in order to ensure the possibility of identifying the returning customer, which, however, may be objected by the Customer, demanding that their data be deleted from the Seller’s database. If such objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Customer’s data until the expiry of the limitation period for claims. Accounting documentation containing the Customer’s personal data is kept for the period required by law.
12. 12. The Customer’s rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, limit processing, the right to object to the processing, the right to transfer data, the right to lodge a complaint to the President of the Office for Personal Data Protection.
13. 13. Providing personal data by the Customer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to the newsletter.
14. 14. The store uses cookies.
15. 15. Details regarding the processing of personal data and the use of cookies are included in the Privacy Policy available at: https://empoweredliving.pl/privacy-policy/.

§ 11

Out-of-court ways to handle complaints and redress

1. 1. The Seller agrees to submit any disputes arising in connection with the concluded contracts through the mediation process. Details will be determined by the parties of the conflict.
2. 2. The consumer has the opportunity to use extrajudicial methods of dealing with complaints and pursuing claims. Among other things, the Consumer has the option to:

1) apply to a permanent amicable consumer court with a motion to settle the dispute arising from the concluded contract,

2) ask the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller,

3) use the help of municipal consumer rights advocate or social organization, whose statutory tasks include consumer protection.

1. 3. For more detailed information on extrajudicial ways of dealing with complaints and redress, the Consumer can search on the website http://polubownie.uokik.gov.pl.
2. 4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves the purpose of resolving disputes between consumers and businesses seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a service contract.

§ 12

Final Provisions

1. 1. The Seller reserves the right to enter and cancel offers, promotions and to change prices in the Store, without prejudice to the rights acquired by the Customer, including in particular the terms of contracts concluded before the change.
2. 2. The Seller reserves the right to make changes to the Terms and Conditions without prejudice to the rights acquired by the Customer on the basis of contracts concluded before the amendment to the Terms and Conditions. Customer who have a registered user account will be informed of any change to the Terms and Conditions by sending a message to the e-mail address assigned to the user account. If the new Terms and Conditions are not accepted, the Customer may delete their user account free of charge.
3. 3. Any disputes related to contracts concluded through the Store will be considered by the Polish common court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers for whom the jurisdiction of the court is considered on general terms. Starting from 01/01/2021, this provision does not apply to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it does not have a professional nature for this person, resulting in particular from the subject of the performed business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction is considered on general principles.
4. 4. These Terms and Conditions shall apply from January 1, 2021.
5. 5. All archival versions of the Terms and Conditions are available for download in .pdf format – links can be found below the Terms and Conditions.