Terms of service

TERMS AND CONDITIONS OF THE JUSTYNASEKUNDA.COM ONLINE STORE

§1. General Provisions

1. The online store is available at https://shop.justynasekunda.com.

2. Our full details are as follows: Justyna Sekunda, operating as a sole proprietor under the business name “Sekunda w Kuchni Justyna Sekunda,” Tax ID (NIP): 6662032226, REGON: 360396039, with its registered office at ul. Bysławska 10d/1, 04-993 Warsaw, hereinafter referred to as the “Seller.”

1. You can contact us:

2. email:info@justynasekunda.com ,

3. mailing and return address: Sekunda w Kuchni Justyna Sekunda, 10d/1 Bysławska Street, 04-993 Warsaw,

4. via the contact form on the website.

1. These Terms and Conditions set forth the rules for using the Store, entering into sales agreements, providing services electronically, selling digital products, and organizing training sessions.

2. The contact form does not record communication in a manner that meets the requirements of a durable medium; therefore, it is not “another means of online communication” within the meaning of the Act.

§2. Definitions

1. Customer – a natural person, legal entity, or organizational unit making a purchase.

2. Consumer – a natural person making a purchase not directly related to business activities.

3. Entrepreneur with consumer rights – a person entitled to the protections provided by the Consumer Rights Act.

4. Product – a physical good, a digital product, or a spot in a training course.

5. Digital Product – an e-book, educational material, electronic file, or other digital content.

6. Training – an educational event organized by the Seller or the Seller’s partner.

7. Deposit – a portion of the training fee paid to reserve a spot.

8. Act – the Act of May 30, 2014, on Consumer Rights.

9. Order – a declaration of intent by the Customer submitted through the Store, aimed directly at concluding a sales contract for a Product or Products with the Seller.

10. Carrier – an entity providing transportation or logistics services through which the delivery of Products ordered in the Store is carried out.

11. Pickup Point – a partner location, facility, parcel locker, or other place designated by the Seller and selected by the Customer when placing the Order, used for picking up the shipment containing the ordered Products.

§3. Product Range

1. The Store sells, in particular:

1. silicone molds,

2. food coloring,

3. baking tools and accessories,

4. confectionery decorations,

5. digital products,

6. in-person training.

1. Product photos are for illustrative purposes only.

2. Product descriptions are the primary source of information about their characteristics.

§4. Technical Requirements

1. To use the Store, you need:

1. a device with Internet access,

2. a current web browser,

3. an active email address.

§5. Customer Account

1. Creating an account is voluntary and free of charge.

2. Purchases can also be made without registering.

3. An account allows you to view your order history, track order fulfillment, and manage your information.

4. The Customer is required to provide accurate information.

5. The Seller may block a Customer’s Account if the Customer’s actions within the Store violate: 

1. generally applicable laws,

2. the rights of third parties, 

3. the principles of social coexistence, 

4. the provisions of these Terms and Conditions.

1. The Seller will notify the Customer of the Account suspension via an email sent to the address associated with the Account. In the message, the Seller will specify the reasons for the suspension, request that the violations cease, and allow the Customer to present their position. 

2. The Account may be unblocked after the circumstances of the case have been clarified, no later than 14 days from the date of receipt of the Customer’s explanation, provided that continuing the block is not justified. 

3. For Consumers, the suspension of the Account does not affect the rights arising from mandatory provisions of law, in particular those concerning concluded contracts, complaints, and the right to withdraw from the contract. 

§6. Placing Orders 

1. The Customer may place Orders after logging into their Customer Account or without creating an Account.

2. To place an Order, the Customer

1. selects a Product or Products and adds them to the shopping cart using the “Add to Cart” button 

2. proceed to the shopping cart and select the order fulfillment method,

3. provide an email address and the information necessary to fulfill the Order, or log in to their Customer Account,

4. confirm that they have read and accepted the Terms and Conditions and the Privacy Policy, 

5. selects the delivery method, delivery location, or Pickup Point available for the Order,

6. provides billing information, if an invoice is requested,

7. selects a payment method, 

8. places the Order by clicking the “Order and Pay” button or another equivalent indicator signifying the obligation to pay.

1. Placing an Order constitutes an offer to enter into a sales contract for the Products covered by the Order, under the terms and conditions set forth in the Terms and Conditions and the content of the Order.

2. After placing an Order, the Customer receives an email confirming the registration of the Order. This message confirms that the Seller has received the Order but does not yet constitute the conclusion of a sales contract.

3. If the Order can be fulfilled, the Seller sends the Customer a message confirming acceptance of the Order for fulfillment.

4. Upon sending the Customer notification that the Order has been accepted for fulfillment, a sales contract is concluded between the Customer and the Seller.

5. Messages regarding the Order are sent to: 

1. the email address provided by the Customer when placing the Order, 

2. the email address associated with the Customer’s Account—if the Order was placed after logging in.

1. The Seller may also contact the Customer by phone if necessary to fulfill the Order.

§7. Prices and Payments

1. Information about Products presented in the Store constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code and does not constitute an offer within the meaning of the provisions of the Civil Code.

2. Orders are placed exclusively through the Store.

3. To place an Order, the Customer selects Products, adds them to the shopping cart, chooses the delivery and payment methods, and provides the information necessary to fulfill the Order.

4. Before placing an Order, the Customer receives information regarding:

1. the price of the Products,

2. delivery costs,

3. the total amount due.

1. The total cost of the Order includes the price of the Products and delivery costs.

2. Product prices are displayed in Polish zlotys; they are gross prices and include VAT, provided that applicable law requires its inclusion.

3. Product prices do not include delivery costs, which are indicated separately when placing an Order.

4. Delivery costs may depend, in particular, on the type of Product, the delivery method, the delivery location, the dimensions of the shipment, and the value of the Order.

5. Clicking the button to finalize the purchase constitutes placing an Order with an obligation to pay.

6. The sales contract is concluded upon the Customer’s receipt of a message confirming acceptance of the Order for fulfillment.

7. The Seller may change Product prices and organize promotions, discount campaigns, sales, and special offers.

8. A change in a Product’s price, including as part of a promotion or sale, does not affect Orders placed before the effective date of such a change.

9. Unless the terms and conditions of a specific promotion state otherwise, promotions, discount codes, coupons, special offers, and other price benefits cannot be combined.

10. Detailed promotion rules are set forth in separate terms and conditions provided by the Seller.

11. The Seller may impose limits on the maximum number of units of a given Product that can be purchased in a single Order. Information regarding such limits is provided on the Product page or in the promotion terms and conditions.

12. The Seller reserves the right to refuse to fulfill an Order in the event that: 

1. the Customer provides incorrect or incomplete information,

2. there is a reasonable suspicion of payment fraud, 

3. the Seller is unable to fulfill the Order for reasons beyond its control,

4. an obvious technical or pricing error regarding the Product.

§8. Delivery

1. Deliveries are made within the territory of the Republic of Poland and to selected foreign countries listed in the Store.

2. Products are delivered via carriers cooperating with the Seller. 

3. The Customer may choose one of the available delivery methods, including: 

1. courier delivery,

2. delivery to a parcel locker,

3. other delivery methods available in the Store at the time the Order is placed. 

1. Available delivery methods may vary depending on the type of Product, delivery location, package dimensions, and country of delivery.

2. The delivery cost is shown to the Customer before placing the Order and is included in the total cost of the Order.

3. The Order fulfillment time includes the time required to prepare the Order for shipment and the time required for delivery by the Carrier.

4. Information about the estimated Order fulfillment time is displayed in the Store or provided to the Customer when placing the Order.

5. For Orders containing Products with different fulfillment times, the fulfillment period may be extended to the period applicable to the Product with the longest fulfillment time, unless the Seller informs the Customer of the possibility of partial fulfillment of the Order.

6. Upon delivery of the Product to the Consumer or to a third party designated by the Consumer other than the Carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Consumer.

7. The Customer should inspect the condition of the shipment upon receipt. If damage to the shipment is detected, it is recommended to prepare a damage report in the presence of the Carrier; however, failure to prepare such a report does not deprive the Customer of their rights under the law.

8. If the shipment is not picked up and is returned to the Seller, the Seller may contact the Customer to arrange for reshipment. The cost of reshipment may be charged to the Customer, provided that this is in accordance with applicable law.

9. The Seller is not liable for delivery delays resulting from circumstances attributable to the Carrier, provided that such delays are beyond the Seller’s control.

§9. Digital Products

1. The Seller may offer Digital Products, including, but not limited to, e-books, PDF files, educational materials, recipes, online training courses, video recordings, and other digital content.

2. Digital Products are delivered electronically via: 

1. sending an email containing a download link,

2. making the Digital Product available in the Customer’s Account, 

3. any other method specified in the Product description.

1. Delivery of the Digital Product occurs immediately after the payment is processed, unless the Product description states otherwise.

2. To use Digital Products, you need software that allows you to read or use the Digital Product. The specific technical requirements necessary to use a Digital Product are specified in the Product description in the Store for each item.

3. Digital Products are intended solely for the Customer’s personal use.

4. Digital Products are copyrighted works and are protected under copyright law and other intellectual property laws. 

5. In particular, the following is prohibited:

1. copying Digital Products,

2. distributing Digital Products, 

3. sharing Digital Products with third parties, 

4. publishing Digital Products on the Internet,

5. reselling Digital Products,

6. using Digital Products to create competitive educational or training materials without the Seller’s consent. 

1. In the case of Digital Products delivered before the expiration of the withdrawal period, the Customer agrees to the commencement of performance before the expiration of the withdrawal period and acknowledges that, upon full performance of the contract, the Customer will lose the right to withdraw from the contract, if provided for by applicable law.

2. The Seller is responsible for ensuring that Digital Products comply with the contract in accordance with the applicable laws governing digital content and digital services. 

3. The Seller may update Digital Products if necessary to ensure their compliance with the contract or proper functioning.

4. Unless otherwise stated in the Product description, the Customer is granted access to the Digital Product for an indefinite period.

§10. Training

1. The Seller organizes in-person training courses on modern confectionery or acts as an intermediary in the sale of spots for training courses organized by domestic and foreign partners.

2. Information regarding the scope of the training, the program, price, location, date, and number of participants is specified in the description of each training session.

3. The number of spots in training sessions is limited. The Seller may specify the minimum and maximum number of participants required for the training to take place.

4. Reserving a spot may require payment of a deposit in the amount specified in the training description. 

5. The remaining portion of the fee for participation in the training course must be paid by the date specified by the Seller or in the training course description.

6. Failure to pay the remaining balance on time may result in the loss of the spot and the forfeiture of the deposit in accordance with the provisions of the Civil Code.

7. Payment of the deposit constitutes acceptance of the terms and conditions of participation in the training.

8. If a participant withdraws from the training, the deposit paid is non-refundable, unless otherwise provided by law.

9. If the Seller cancels the training, the deposit is refundable in accordance with the provisions of the Civil Code regarding deposits.

10. If the Seller changes the training date, the funds paid may be applied toward the new training date, with the participant’s consent.

11. A participant may transfer their spot to another person after prior agreement with the Seller.

12. The Seller reserves the right to cancel the training or change its date in the event of: 

1. force majeure,

2. illness of the instructor,

3. organizational reasons, 

4. logistical issues,

5. failure to reach the minimum number of participants.

1. If the Seller cancels the training, the participant is entitled to a refund of payments made, subject to applicable law.

2. The Seller is not liable for travel, lodging, meals, visas, insurance, or other costs related to participation in the training incurred by the participant, to the extent permitted by applicable law.

3. Training materials, recipes, work techniques, photos, presentations, e-books, and other materials provided during the training are the intellectual property of the Seller or its partners and are protected by law. 

4. It is prohibited to copy, reproduce, share with third parties, publish, resell, or use the training materials for commercial purposes without the Seller’s prior written consent. 

5. During the training, recording audio and video materials without the Seller’s prior consent is prohibited. Participants may take photos for their own use and post them on social media. 

6. The Seller may take photographs and make recordings documenting the course of the training for promotional, marketing, advertising, and documentation purposes. 

7. Participants may consent to the free recording and distribution of their likeness, as captured during the training, in the Seller’s promotional and marketing materials. Details regarding the processing of likeness are set forth in a separate information clause or consent form provided to the participant.

§11. Complaints

1. The Seller is responsible for the Product’s conformity with the contract in accordance with applicable law.

2. Complaints may be submitted:

1. by email to:info@justynasekunda.com ,

2. in writing to the following address: Sekunda w Kuchni Justyna Sekunda, Bysławska 10d/1, 04-993 Warsaw.

1. The complaint should include, in particular:

1. the Customer’s information,

2. the Order number,

3. a description of the reported issue,

4. the Customer’s request.

1. If the Product does not conform to the contract, the Consumer may request that it be repaired or replaced.

2. The Consumer may request a price reduction or withdraw from the contract if:

1. the Seller has refused to bring the Product into conformity with the contract by repairing or replacing it,

2. the Seller has failed to bring the Product into conformity with the contract by repairing or replacing it,

3. the Product’s lack of conformity with the contract persists despite an attempt at repair or replacement,

4. the Product’s lack of conformity with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first requesting repair or replacement,

5. it is apparent from the Seller’s statement or the circumstances of the case that bringing the Product into conformity with the contract will not occur within a reasonable time or without undue inconvenience to the Consumer.

1. Complaints regarding Digital Products are handled in accordance with the provisions governing digital content and digital services.

2. The Seller will respond to the complaint within 14 days of receiving it. This period is calculated in accordance with applicable law.

3. The response to the complaint will be sent to the email address provided by the Customer or to another durable medium that allows the Customer to review its contents.

4. If, in connection with a complaint, the Customer provides the Seller with a device, data storage medium, or other product containing personal data, it is recommended that the Customer first delete any personal data from it. The Seller is not liable for any data left by the Customer.

5. The consumer may use out-of-court methods for handling complaints and pursuing claims, in particular through:

1. municipal or county consumer ombudsmen,

2. provincial inspectorates of the Trade Inspection Authority,

3. consumer protection organizations,

4. other institutions provided for by applicable law.

1. Detailed information regarding out-of-court dispute resolution is available on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl.

2. The provisions of this paragraph do not exclude, limit, or suspend the rights of the Consumer and the Business acting as a consumer arising from mandatory provisions of law.

§12. Withdrawal from the Contract

1. The Consumer and a business acting as a consumer may withdraw from a distance contract within 14 days of receiving the product, unless a statutory exception applies.

2. A notice of withdrawal may be sent toinfo@justynasekunda.com .

3. The customer is required to return the product no later than 14 days from the date of withdrawal from the contract.

4. Returns should be sent to the following address:

Sekunda in the Kitchen by Justyna Sekunda
Bysławska 10d/1, 04-993 Warsaw.

1. The seller does not accept cash-on-delivery shipments.

2. The cost of returning the product is borne by the Customer.

3. Refunds will be issued no later than 14 days after receipt of notice of withdrawal from the contract; however, the Seller may withhold the refund until the product is received or proof of shipment is provided.

4. A sample withdrawal form is provided in Appendix 1 to these Terms and Conditions.

§13. Reviews

1. Reviews may be posted by Customers.

2. If a review is marked “verified,” it means that it comes from a person who made a purchase.

3. The Seller provides information on how reviews are verified within the review feature available in the Store.

4. It is prohibited to publish unlawful content.

§14. Personal Data

1. Personal data is processed in accordance with the GDPR and the Privacy Policy.

2. Detailed rules for data processing are set forth in the Privacy Policy available in the Store.

§15. Intellectual Property

1. Training materials, e-books, photos, graphics, and the Store’s content are protected by law.

2. Any use of these materials beyond fair use requires the consent of the rights holder.

§16. Final Provisions

1. These Terms and Conditions are effective as of the date of publication.

2. The Seller may amend these Terms and Conditions for legal, organizational, or technical reasons.

3. For contracts entered into prior to any such amendment, the Terms and Conditions in effect at the time the contract was entered into shall apply.

4. In matters not covered herein, the provisions of Polish law shall apply.