Terms and Conditions of the Website, Sales, and Provision of Electronic Services

 
 

These Terms and Conditions set out the rules for purchasing from the online store operated by the Seller at https://my-essence.eu.

The document includes information on, among others: how to place an order and conclude a sales contract, the methods of product delivery and payment available in the online store, as well as the terms and methods of providing electronic services. It also provides details on the complaint procedure and the conditions for withdrawal from a contract.

The online store https://my-essence.eu is owned by Maryna Yalouchyk, conducting business under the company name MY Essence Maryna Yalouchyk, with its registered office at ul. Wita Stwosza 56 lok. 2, 80-308 Gdańsk, Poland, NIP: 5842863081, REGON: 540659034.

You can contact the store via email at [email protected] or by phone at +48 792 235 515 (available on business days from 10:00 AM to 4:00 PM).


§1 Definitions

 
 

The terms used in these Terms and Conditions mean:

  • Seller or Service Provider – Maryna Yalouchyk.
  • Customer or User – a natural person, legal person, or organizational unit without legal personality, granted legal capacity under specific regulations, placing an Order within the Store and making purchases via the Online Store.
  • Consumer – a natural person concluding a Sales Agreement with the Seller within the Store, where the subject of the agreement is not directly related to their business or professional activity.
  • Entrepreneur with consumer rights – a natural person entering into a Sales Agreement with the Seller in connection with their business activity, provided that the agreement does not have a professional character, particularly as determined by the nature of their business activity recorded in the Central Register and Information on Economic Activity.
  • Terms and Conditions – these terms and conditions available at https://my-essence.eu/terms-and-conditions.
  • Online Store or Store – the online store available at https://my-essence.eu, through which the Customer can purchase specified Products.
  • Digital Content – materials produced and delivered in digital form, available within the Store, stored in PDF format, and intended for sale, in particular, mandala templates, available for download after payment confirmation by the Seller.
  • Product – items listed, described, and presented in the Online Store, including Digital Content.
  • Sales Agreement – a contract for the sale of a Product concluded between the Seller and the Customer via the Store.
  • Consumer Rights Act – the Act of May 30, 2014, on consumer rights.
  • Civil Code – the Act of April 23, 1964, hereinafter referred to as the Civil Code.
  • Act on the Provision of Electronic Services – the Act of July 18, 2002, on the provision of electronic services.
  • Order – an action, a declaration of will by the Customer directly leading to the conclusion of a Sales Agreement with the Seller and the fulfillment of the service for the Customer, under the conditions specified in these Terms and Conditions, clearly defining the type, quantity of Products, and all other relevant details regarding the purchased Product.
  • Payment – the transfer of funds to the Seller’s account through the available online payment methods in the Store.
  • 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 using the appropriate device for a given type of network (Internet).

§2 General provisions

 
 

The online store is available at https://my-essence.eu and is operated by Maryna Yalouchyk.

These Terms and Conditions set out the rules for using the Online Store and the terms and procedures for concluding Sales Agreements remotely via the Store. It is addressed to both Consumers and Entrepreneurs with consumer rights who use the Store.

These Terms and Conditions specify in particular:

  • The types and scope of services provided electronically, as well as the rules for concluding Sales Agreements for specific Products (Digital Content).
  • The procedures for placing Orders and concluding Sales Agreements, as well as the available delivery and payment methods in the Online Store.
  • The rules and conditions for using the Store.
  • The rules and conditions for publishing reviews in the Store.
  • The rights and obligations of the Seller and Customers.
  • The complaint procedure and the procedure for withdrawing from a remotely concluded Agreement.

These Terms and Conditions apply to both Consumers and Entrepreneurs with consumer rights who use the Store, place Orders, or enter into Sales Agreements with the Seller, including agreements for the provision of Digital Content.

The condition for using the Store and purchasing Products from the Seller is that the Customer reads and accepts the Terms and Conditions. By accepting the Terms and Conditions, the Customer agrees to all its provisions and undertakes to comply with them.

Information about Products provided on the Store’s website, including descriptions, technical specifications, and prices, does not constitute an offer within the meaning of the Civil Code but is merely an invitation to conclude an agreement, as defined in Article 71 of the Civil Code.

The Service Provider does not engage in automated decision-making or consumer behavior profiling to adjust prices individually for specific consumers or consumer groups.

The Seller is not registered for VAT. All prices displayed on the website are final gross prices and do not include VAT. The Buyer is not entitled to deduct, claim a refund, or receive VAT compensation. The Buyer is fully responsible for any applicable taxes or fees related to the purchase in their respective country. By completing a purchase, the Buyer accepts these conditions.


§3 Types of digital content available in the Store

 
 
The Seller, as part of their business activities and through the Store, sells Digital Content, particularly mandala templates in PDF format.
 
Digital Content is provided in electronic form, specifically as PDF files, and is not stored on any physical medium. Information about the format of a given Digital Content item is always included in the Product description.
 
Withdrawal from the agreement for the supply of Digital Content will not be possible after its delivery (in accordance with Article 38, point 13 of the Consumer Rights Act).
 
 

§4 Services provided electronically

 
 

Through the Store, the Seller provides Digital Services to the Customer, including:

  • Operating the online store,
  • Enabling the Customer to place an Order.

The Seller takes measures to ensure the proper functioning of the Store. The Customer should notify the Seller of any irregularities or disruptions in the Store’s operation.

To ensure the security of the Customer and the transmission of data related to the use of the Store and its functionalities, the Seller implements technical and organizational measures appropriate to the level of risk associated with the provided services. This includes measures preventing unauthorized access to and modification of personal data.

For important reasons, particularly to improve and maintain the proper and secure operation of the Store, the Seller reserves the right to temporarily disable access to the Store for expansion, maintenance, or updates. The User will be informed of such actions on the Store’s website.

If the Seller decides to discontinue the provision of services, terminate the sale of Products, or close part or all of the Store, Customers will be informed via an announcement on the Store’s website.


§5 Rules for using the Store

 
 

The Customer may use the Store exclusively for personal use. It is prohibited to use the Store’s resources and functionalities for commercial purposes or in a way that violates the Seller’s interests.

The following actions are prohibited when using the Store:

  • Providing or transmitting content that is illegal, particularly within the Order form and private messages,
  • Sending or posting unsolicited commercial information,
  • Using the Store in a manner that violates these Terms and applicable law,
  • Disrupting the Store’s operation,
  • Using any content published on the Store’s website for purposes other than personal use.

The Seller is not liable for any damages incurred by the Customer due to risks associated with the Internet, such as password theft by third parties, system hacking, or virus infections.

The Customer may use the Store exclusively in compliance with applicable laws and these Terms.

The following are strictly prohibited:

  • Using the Store’s functionalities in a way that violates social norms or good practices,
  • Providing any illegal data or content, including false information.

All information provided by the Customer while using the Services or the Store must be accurate and truthful. The Customer assumes full responsibility for any false or misleading information provided.


§6 Technical requirements

 
 

The Customer may use the available features of the Online Store in compliance with these Terms and applicable laws, ensuring that their use does not disrupt the operation of the Store or interfere with other Customers’ ability to use it.

To use the services provided electronically and access the Store’s functionalities, including browsing the product assortment and placing Orders, the following are required:

  • Internet access;
  • A properly configured web browser supporting cookies and JavaScript, such as Internet Explorer, Opera, Mozilla Firefox, Safari, or Google Chrome;
  • An active and properly configured email account.

To access the purchased Products, the following are required:

  • If the Products are provided as computer files in PDF format – a program that supports such files and the ability to use this software;
  • An active email address, where the purchased Product will be delivered.

The Seller is not responsible for any issues arising from the Customer’s failure to meet the technical requirements necessary to interact with the Store’s IT system.

The Seller ensures technical measures to prevent unauthorized access, modification, or distortion of personal data and information by Customers or third parties.

The Seller makes every effort to ensure that the Online Store is accessible from all popular types of computers, operating systems, and web browsers. However, the Seller does not guarantee and is not responsible for the full functionality or accessibility of the Store across all available tools.

Use of the Online Store is conducted via a publicly accessible Internet network, which by its nature does not guarantee reliability or confidentiality of communication between the Customer and the Store, including the security of transmitted information and personal data. Protection of the Customer’s personal data is carried out in accordance with the Privacy Policy and Cookies Policy, available on the Store’s website.

The Seller declares that they will never request the Customer to send any confidential data via email.

The Seller makes every effort to ensure the continuous and full availability of the Store.

The content of Sales Agreements concluded between the Store and Customers is recorded and made available to Customers electronically under the terms specified in these Terms.


§7 Placing, processing, and delivering orders

 
 

The Customer places an Order by:

  • Selecting one or more Products available in the Online Store by clicking on an option such as “Add to cart”, “Buy”, etc., proceeding to the Cart, and then clicking the “Proceed to payment” button, which redirects to the order form;
  • Correctly filling out the electronic Order Form, which is available in the Online Store;
  • Submitting the Order Form electronically from the Online Store by clicking the “Order and Pay” button and accepting the required agreements and declarations.

Orders can be placed 24/7, throughout the year.

An Order is considered submitted if the Order Form contains all the necessary details required for proper Customer identification, including a valid email address. If the provided data is incomplete, the Seller will attempt to contact the Customer. If contact is not possible, the Seller reserves the right to cancel the Order.

Each successfully placed Order receives a unique code for identifying both the Order and the Customer.

The Seller confirms the Order submission via email.

To finalize an Order, the Customer must:

  • Provide necessary details in the Order Form;
  • Accept the Terms & Conditions by checking the box labeled “I accept the Terms of Purchase, Privacy Policy, and Cookies Policy” (acceptance is mandatory to place and complete the Order);
  • Confirm and proceed with the purchase by clicking the “Order and Pay” button, indicating the obligation to pay for the selected Products.

During the ordering process – before clicking the “Order and Pay” button – the Customer has the option to modify personal data, selected Products, and payment method.

If the Customer purchases a mandala template in digital format, they must explicitly agree to the immediate fulfillment of the contract for delivering digital content that is not stored on a physical medium. The Customer waives the right to withdraw from the contract as soon as the contract is fully executed – meaning the moment they receive the PDF mandala template or gain access to it, provided they have agreed to receive the file immediately upon purchase.

During the Order placement, the Customer must also select the payment method from those currently available in the Store.

The purchase is confirmed via email, which is sent to the email address provided in the Order Form and includes the final confirmation of all essential details regarding the Order.

Once the payment is credited to the Seller’s bank account, an automated email is sent containing a download link for the purchased digital Product.

The Sales Agreement is considered concluded at the moment the Customer receives the email mentioned in point 12 of this section. The Sales Agreement is concluded in Polish, in accordance with the Terms & Conditions.


Product delivery (order fulfillment process)

  • Once the payment is completed, a download link for the purchased Product will be sent to the Customer’s email address immediately after payment authorization is successfully completed.
  • If the Customer selects certain payment options, such as “Bank Transfer”, the delivery may be delayed due to the time required for the payment to be credited to the Online Store’s bank account (usually 1-2 business days).
  • Order processing time starts from the moment the payment is authorized.
  • Additional terms regarding the sale are specified individually in the description of each digital Product available in the Store.

§8 Product prices and payment methods

 

  • All prices listed in the Online Store are final prices and are not subject to additional tax charges. The Seller is not a VAT payer.
  • The Seller reserves the right to change Product prices, withdraw, or introduce new digital Products. However, these changes do not affect Orders that were placed before the date of the change.

Available payment methods

Customers may select from the following payment methods for purchasing digital Products:

  • STRIPE PAYMENTS Sp. z o.o., based in Warsaw (ul. Ludwika Waryńskiego 3A, 00-645 Warsaw, KRS: 0000937028, NIP: 7011062474) – allowing payment via credit card, online transfer, BLIK;
  • Other payment platforms available at the time of placing the Order.

The Customer is redirected to a payment gateway operated by the payment service provider, where they select a payment method and complete the payment according to the instructions provided by the payment provider.


Payment and processing terms

  • All electronic payments are processed in accordance with the regulations of the respective payment service providers and applicable laws. The Seller shall not be held responsible for the accuracy or execution of these transactions.

  • The Seller shall not be held liable for any delays in payment processing or authorization responses resulting from circumstances beyond their control, including but not limited to:

    • Customer errors (e.g., incorrect or incomplete payment details preventing transaction completion);
    • External factors beyond the Seller’s control (e.g., technical failures, banking delays, or disruptions caused by third-party service providers).

Accepted payment methods

Customers can choose from the following payment methods for digital Products:

  • Electronic bank transfer – Direct payment to the Seller’s bank account via the payment system. Access to the Product will be granted once the payment is received and recorded in the Seller’s bank account.
  • Stripe payment gateway – Secure online payment via Stripe.

Detailed payment and access conditions for each Product are specified in its product description in the Online Store.

  • A receipt or invoice is issued for every purchased Product.
  • By making a purchase, the Customer agrees to receive invoices electronically to the email address provided during the purchase process.

Delivery costs

  • For all digital Orders, the delivery cost is 0 PLN (free), as Products are delivered electronically.

§9 Use of digital content


 
  1. Digital content provided by the Online Store is classified as digital content under the Consumer Rights Act.
  2. To properly use the digital content, the technical requirements outlined in §6 “Technical Requirements” of this Regulations must be met.
  3. Digital content is considered delivered once:
    • The digital content itself, or
    • The means of accessing or downloading the digital content
      has been made available to the Customer.
  4. If the Customer is unable to open or access the purchased digital content file, they should contact the Seller at [email protected] for assistance.
  5. Customers may only use the purchased digital content for personal use and according to its intended purpose.
  6. The Customer is strictly prohibited from:
    • Copying, distributing, or reproducing the digital content (in full or in part).
    • Altering or modifying the digital content, including removing security features or markings.
    • Sharing, publicly displaying, or redistributing the digital content in any form.
  7. The Customer is responsible for protecting their purchased digital content from unauthorized access or use by third parties in any manner that violates this Regulations or applicable laws.
  8. If unauthorized sharing or distribution of digital content is detected, the Seller reserves the right to take legal action against the Customer for copyright infringement.

§10 Right of withdrawal from the contract by the consumer or entrepreneur with consumer rights

  1. A Consumer or an Entrepreneur with Consumer Rights has the right to withdraw from the contract for the delivery of Digital Content within 14 days from the date of concluding the contract without giving any reason, unless:

    • The Consumer has explicitly agreed to receive the Digital Content before the withdrawal period expires.
    • By granting this consent, the Consumer waives the right to withdraw from the contract.

  2. If the Consumer or Entrepreneur with Consumer Rights exercises their right of withdrawal:

    • The contract is deemed never to have been concluded.
    • The Consumer is released from all obligations under the contract.
    • The Seller must refund all payments received from the Consumer without delay, but no later than 14 days from the day the Seller was informed of the Consumer’s withdrawal decision.

  3. The refund will be made using the same payment method used by the Consumer in the original transaction, unless the Consumer agrees to an alternative method.

    • In any case, the Consumer will not incur any fees related to the refund.

  4. If the refund concerns a payment made by credit or debit card, the funds will be returned to the bank account linked to that card.

  5. In the case of a contract for the delivery of Digital Content, the Consumer may withdraw from the contract if:

    • The Seller fails to provide the Digital Content immediately after being requested to do so by the Customer, or
    • The Seller does not deliver the Digital Content within the agreed timeframe.

  6. The Consumer may also withdraw from the contract without requesting delivery of the Digital Content if:

    • The Seller has explicitly stated, or it is clear from the circumstances, that the Digital Content will not be delivered.
    • The Consumer and the Seller have agreed on a specific delivery date, which was essential to the Consumer.

§11 Exceptions to the right of withdrawal


According to Article 38 of the Consumer Rights Act of May 30, 2014, a Consumer or an Entrepreneur with Consumer Rights does not have the right to withdraw from a contract for the supply of Digital Content that is not provided on a tangible medium, for which they are obliged to pay, if all of the following conditions are met:

  1. The Seller has begun providing the service with the Consumer’s explicit and prior consent.
  2. The Consumer or Entrepreneur with Consumer Rights was informed before the service started that, once the service is fulfilled (i.e., the Digital Content is delivered), they will lose the right of withdrawal.
  3. The Consumer or Entrepreneur with Consumer Rights has acknowledged this information.
  4. At the time of purchasing the Digital Product, the Consumer or Entrepreneur with Consumer Rights explicitly agrees to the immediate execution of the contract for the delivery of the Digital Product, which is not stored on a tangible medium, and waives the right of withdrawal once the contract is fully executed (i.e., when the Digital Product is received by the Customer).

§12 Personal data and cookies

The Seller (hereinafter referred to as the Administrator) is the controller of personal data provided by the Customer.

The Administrator is committed to protecting personal data in accordance with:

  • The Personal Data Protection Act of May 10, 2018
  • The Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation – GDPR)
  • The principles set out in the Seller’s Privacy Policy and Cookies Policy, available on the Store’s website.

When placing an order, the Customer provides personal data that will be processed by the Administrator for the purpose of fulfilling the submitted Order.
The Customer has the right to access, correct, update, and delete their personal data at any time, as well as to exercise other rights outlined in the Privacy Policy and Cookies Policy.

The detailed rules regarding the collection, processing, and storage of personal data for order fulfillment by the Seller are described in the Privacy Policy and Cookies Policy, which can be found on the Store’s website in the “Privacy Policy and Cookies” section.

The detailed rules regarding the collection of cookies through the Store are also described in the Privacy Policy and Cookies Policy, available on the Store’s website in the “Privacy Policy and Cookies” section.


§13 Liability


The services provided by the Seller are based on a limited amount of information about the Customer.

All materials delivered by the Seller as part of the products and services are published solely for informational or educational purposes.

The results demonstrated in the Product descriptions prepared by the Seller represent potential effects that may occur. Individual results may vary and depend on personal abilities, approach, methods, effectiveness of work, and other factors.

To achieve the intended effects, the active use of the Products by the Customer is necessary, including independent work in the manner suggested by the Seller.


§14 Copyrights


The Store and all Products sold through it contain content protected by copyright law, industrial property law, and intellectual property rights. It is prohibited to copy, distribute, or reproduce any content from the Store or Products in any form and by any means without prior authorization, including text, graphics, trademarks, logos, icons, images, software, and other elements.

The texts and images available in the Store, as well as the Products that the Customer can purchase (mandala templates), are works under the Copyright and Related Rights Act of February 4, 1994, for which the Seller holds exclusive copyright.

Any further distribution of texts, images, or purchased Products without the Seller’s consent constitutes a violation of the Seller’s copyrights and may result in civil or criminal liability.

The purchase of a Product does not grant the Customer any proprietary or personal copyright to the Product. The Customer may only use it for personal purposes.

The Customer is obligated to use the Store’s content and purchased Products exclusively for personal, lawful use.

It is prohibited to modify, copy, distribute, transmit, display, reproduce, sublicense, create derivative works, resell, or share the materials mentioned above.

The Seller reserves the right to place advertising content on the Store’s website, regarding both offered services and third-party goods and services, in forms typically used on the Internet.

The Seller may also allow third parties to store advertising content in the Store’s telecommunication system (not necessarily related to the Seller’s Services), such as Google Ads. Any revenues from such advertisements belong solely to the Seller. The detailed conditions for placing and storing advertising content, as well as the terms of payment, are determined individually between the Seller and the advertising entity.

The Seller reserves the right to place cookies on the Customer’s device to facilitate navigation and ensure the Store’s proper functioning.

As a general rule, the Products offered in the Online Store come with a non-exclusive, indefinite license for use. However, the Seller may set a time limit for access to Products or Services, which will be indicated in the Product description.


§15 Complaints regarding digital content


In the case of an Order for Digital Content in the Store, the Customer may submit a complaint, particularly if:

  • The purchased Product is damaged or cannot be accessed.
  • The Customer has not received access to the Product within 24 hours after the Seller receives payment confirmation from the payment provider.

Complaints regarding the operation of the Store should be directed to the email address: [email protected].

The Seller will process the complaint within 14 days.

The response to the complaint will be provided using the same communication method through which the complaint was submitted.


§16 Warranty and guarantee


The Seller is obligated to deliver the Product to the Customer in accordance with the terms of the contract.

The Seller is responsible to the Customer in case of non-compliance of the Product with the contract (warranty for defects).

The scope and rules of liability (warranty for defects) are regulated by Chapter 5a of the Consumer Rights Act and the provisions of the Civil Code.

Due to the legal changes effective from January 1, 2023, regarding warranty and liability for the non-compliance of goods with the contract, the Seller informs that contracts concluded before this date are subject to the previous provisions of the Civil Code on warranty (those in effect before January 1, 2023).

If the Customer detects a defect in the Product, they must notify the Seller, specifying their claim regarding the defect or submitting a formal request.

A complaint based on warranty can be submitted:

The Seller will respond to the Customer’s complaint within 14 days from the date of receipt, using the same communication method through which the complaint was submitted.


§17 Product reviews 


The Seller does not offer the option to leave reviews for Products on the Store’s website. The choice of Products is based on the Customer’s individual experience, and their effects may vary from person to person.


§18 Alternative dispute resolution and claims handling


If the complaint procedure does not bring the Consumer the expected outcome, the Consumer may use alternative dispute resolution methods, including:

  • Submitting a request to the permanent consumer arbitration court to resolve a dispute arising from the concluded agreement.
  • Submitting a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings for amicable settlement of the dispute between the Consumer and the Seller.
  • Seeking free assistance from the district (municipal) consumer ombudsman or a consumer protection organization whose statutory objective is the protection of consumer rights.
  • Using the online dispute resolution (ODR) platform, available at:
    http://ec.europa.eu.

The ODR platform is designed to settle disputes between consumers and businesses through an out-of-court dispute resolution process, concerning contractual obligations resulting from an online sales contract or a service agreement.

For detailed information on alternative dispute resolution methods and claims handling, the Consumer may visit:
http://www.polubowne.uokik.gov.pl.

The Seller agrees to submit any disputes arising from concluded agreements to a mediation process. The specific details of the mediation procedure will be determined by the conflicting parties.


§19 Final provisions


  1. The Regulations and the Sales Agreement are governed by Polish law.

  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded for the time necessary to process the order.

  3. The Seller reserves the right to introduce and cancel offers, as well as to change the prices of Products in the Store, without prejudice to the rights acquired by the Customer, including in particular the terms of contracts concluded before the change.

  4. In the event of a dispute with a Customer who is not a Consumer, the competent court shall be the court having jurisdiction over the Seller’s registered office.

  5. None of the provisions of these Regulations exclude or limit the Consumer’s rights arising from applicable law.

  6. The Seller reserves the right to amend these Terms and Conditions. However, Sales Agreements concluded before any amendment shall remain governed by the version of the Terms and Conditions in effect at the time of their conclusion.

  7. The new version of the Regulations shall enter into force on the date of its publication on the Seller’s website.

  8. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular:

    • The Civil Code,
    • The Act on the Provision of Electronic Services,
    • The Act on Consumer Rights,
    • The Personal Data Protection Act,
    • The General Data Protection Regulation (GDPR).