Regulations

1. ABOUT US

1.1. Dear Customer, welcome to our online service “Limes Up,” which we have designed and created so that you can purchase our products through it.

1.2. In the regulations of our online service, you will find, in particular, the types of services we provide through it, the conditions for providing these services, the conditions for ordering products and payment for them, as well as the procedure for making complaints. The regulations are made available free of charge before the conclusion of the Agreement. The regulations are available on the website www.limesup.pl. Upon your request, we can also provide it in a way that will enable you to obtain, reproduce, and consolidate its content by sending its content in PDF format to the email address you indicate.

1.3. The online store located at www.limesup.pl is owned by the company Malwina Uzdejczyk.

1.4. You can contact us:

1.4.1. Via E-mail:

1.4.1.1. Information about products/orders: limesup.info@gmail.com

1.4.1.2. Information/advice on exchanges/complaints/returns: limesup.info@gmail.com

1.4.1.3. Cooperation: limesup.info@gmail.com

In case of emails sent outside the customer service office hours (9:00 – 16:00), the response to them will not occur earlier than the next business day.

1.5. Whenever these Regulations use one of the following terms, we understand them in the manner defined below:

1.5.1. Delivery time – the time during which we prepare the ordered goods for shipment, including the delivery term;

1.5.2. Business days – weekdays from Monday to Friday, excluding statutory holidays;

1.5.3. Malwina Uzdejczyk – the company owning the Limes Up store, NIP: 6881268928, Jankowce 109 38-600 Lesko

1.5.4. Civil Code – the Act of April 23, 1964 (Journal of Laws of 2018, item 1025, as amended);

1.5.5. Consumer – a natural person conducting a legal transaction with the Limes Up store (including the conclusion of a sales contract for goods) not directly related to their business or professional activity;

1.5.6. Buyer – an entity that has concluded a sales contract with the Seller through the Online Store (Consumer, legal person or organizational unit without legal personality) (also referred to as “Customer”);

1.5.7. Regulations – these Regulations specifying the general conditions of sale of Goods and the rules for providing electronic services by the company Malwina Uzdejczyk

1.5.8. Complaint – the procedure in case of a physical or legal defect of the sold Goods;

1.5.9. Warranty – the procedure for pursuing liability from Limes Up in connection with a revealed physical defect (non-compliance with the contract) or legal defect of the purchased Goods;

1.5.10. Online store – an internet service available at Limes Up allowing for placing orders for Goods electronically;

1.5.11. Seller – Company: Malwina Uzdejczyk, NIP: 6881268928, Address: Jankowce 109, 38-600 Lesko

1.5.12. Goods – a movable item that can be the subject of a sales contract concluded between the Buyer and the Seller, available for sale in the online store;

1.5.13. Distance contract – a contract concluded by Limes Up with a Consumer (including a contract for the sale of Goods), without the physical presence of the Consumer, with the exclusive use of one or more means of distance communication until the conclusion of the contract;

1.5.14. Consumer Rights Act – the Act on consumer rights of May 30, 2014 (Journal of Laws of 2017, item 683, as amended);

1.5.15. Act on the provision of electronic services – the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2017, item 1219, as amended)

1.5.16. Significant defect – a basis allowing the Consumer to use certain rights under the Complaint from the warranty provided for in separate regulations, including in the Civil Code;

1.5.17. Physical defect:

1.5.17.1. A physical defect is the non-compliance of the Goods with the Contract in a situation where:

1.5.17.1.1. The Goods do not have the properties that a product of this type should have which result from the purpose of the sales contract, circumstances or the intended use of the Goods;

1.5.17.1.2. The Goods do not have the properties that the Buyer was assured of by the Seller or by advertising published by the Limes Up store.

1.5.17.1.3. The Goods are not suitable for the purpose of which the Buyer informed the Seller at the time of concluding the contract, if the Seller did not object to such its purpose;

1.5.17.1.4. The Goods were delivered to the Buyer in an incomplete state;

1.5.17.2. The lack or damage of the Goods, about which the Buyer was informed before its purchase, does not constitute a physical defect under these Regulations.

1.5.18. Legal defect – the non-compliance of the Goods with the Contract in a situation where:

1.5.18.1. it is the property of a third party;

1.5.18.2. it is encumbered with the right of a third party;

1.5.18.3. limitation in using or disposing of the goods results from the decision or ruling of the competent authority;

1.5.19. Order – the Buyer’s declaration of intent to purchase Goods, not constituting the conclusion of a sales contract for the Goods until the Order is confirmed by Limes Up.

1.6. Although we strive to improve, modernize, and correct our Online Store, be aware that we grant you a license to use the Online Store in the version “as is,” which means that we grant you a license to use the Online Store in the state in which the service is, without providing any quality guarantees or other statements other than those we have indicated in the Regulations.

1.7. Subject to limitations resulting from mandatory legal provisions, we will not be liable for errors in data transmission, in particular caused by the failure of information technology systems, telecommunications systems, or power supply systems, nor for errors in data transmission resulting from delays in operation by an external operator providing data transmission, for damages incurred in connection with the service or its use or the inability to use the service by the user or in connection with improper functioning, errors, omissions, interruptions, defects, delays in operation or data transmission, computer viruses, line failure or information system.

1.8. The data collected in the Service is protected, among others, by using an encrypted connection, as well as other security solutions protecting your data in the service. (privacy policy)

1.9. You may use the Online Store only if you are over 13 years old.

1.10. The Limes Up Store in no way restricts access to the Online Store to citizens of third countries from the territory of the European Union (other than Poland). The Online Store is available to all individuals residing in the European Union (including Goods that can be delivered throughout the European Union).

2. GENERAL INFORMATION

2.1. The Regulations specify the rules for concluding and executing the sales contract for Goods available in the Online Store’s offer.

2.2. To place an Order in the Online Store, the Buyer should have a device that allows access to the Internet, an e-mail account, and a web browser with JavaScript enabled. In particular, to effectively place an Order, it is necessary to have a computer with a processor of at least 200MHz, 64MB RAM, a graphics card supporting 800×600 resolution and 256 colors, and a web browser (Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari), as well as a keyboard or another pointing device enabling the correct completion of electronic forms. It should be remembered that not all browsers provide the same level of convenience in using websites.

2.3. Information contained on the pages of the Online Store does not constitute an offer in the sense of the Civil Code, therefore, placing an Order by the Buyer does not mean immediate conclusion of the contract.

2.4. Information about the Goods offered by the Seller, including: the manufacturer of the Goods, safety and compliance marks possessed by the Goods, purpose, and method of use are available on the Online Store’s website, in the description of the selected Goods.

2.5. All Goods offered in the Limes Up Online Store are brand new, free from physical and legal defects, and have been tailored or produced as Limes Up’s original designs for the Polish market. Limes Up makes every effort to ensure that photos, descriptions, and technical data of the Goods are consistent with reality. However, the way the color is displayed depends on the operating system and hardware used by the Buyer.

2.6. The size in centimeters is given according to Limes Up store’s tables. If the Buyer is unsure about the size chart, they should contact the Seller asking for the exact dimensions of the product at the email address designated for product information indicated in section 4.1.1 of the Regulations.

2.7. All trade names, product names, company names, and their logos used on the Online Store’s website belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the store’s pages are used for informational purposes.

2.8. In matters not regulated by these regulations, the provisions of generally applicable law, including the Civil Code and the Consumer Rights Act, apply.

2.9. The provisions of these Regulations do not exclude or limit the Buyer’s rights as a Consumer, which are granted to them by separate legal provisions. In the event of a conflict between the provisions of the Regulations and the mandatory legal provisions granting rights to the Consumer, the mandatory legal provisions prevail.

3. THE OBJECT OF THE SERVICE

3.1. The company Malwina Uzdejczyk, through the Online Store, offers Buyers goods from the fitness fashion industry (clothing, accessories, gadgets, lifestyle).

3.2. The Buyer is obliged to pay the price of the Goods they have ordered through the Online Store.

3.3. The Seller undertakes to deliver Goods to the Buyers free from physical and legal defects.

4. COMMUNICATION METHODS WITH THE SELLER

4.1. Limes Up provides Buyers with communication channels indicated in section 1.4 of the Regulations.

4.2. The Seller contacts the Buyer by email or telephone, to the number provided by the Buyer, processed by Limes Up under the terms defined in the privacy policy.

5. PRICE

5.1. The prices of Goods offered on the website www.limesup.pl at the time of placing the order apply. The offered prices are final, meaning they also include VAT applicable in Poland at the rate current at the time of placing the Order. The price of the goods is increased by the cost of shipping, the amount of which depends on the selected form of delivery and payment.

5.2. The price of the Goods is binding after the Seller confirms the receipt of the Order placed by the Buyer and from the moment the execution of the Order is initiated, this price does not change regardless of changes in prices in the Store that may occur concerning individual Goods during the execution of a specific Order.

5.3. In case of detecting an incorrect price of the ordered products, the Seller will inform the Buyer as soon as possible, giving them the option to confirm the Order at the correct price or cancel it. If the Seller cannot contact the Buyer, such an Order will be considered canceled, and all amounts paid will be fully refunded to the Buyer.

5.4. In no case is Limes Up obliged to sell any Goods at an incorrect or lower price when the price error is obvious and unequivocal, and the Buyer could easily recognize that it was a mistake.

6. PLACING ORDERS

6.1. The Limes Up Store conducts sales of Goods offered through the Internet.

6.2. Orders can be placed 24 hours a day, throughout the year, excluding hours or days when access may be limited for technical reasons. Order fulfillment takes place on Business Days between 9:00-16:00.

6.3. Orders placed on weekdays after 3:00 PM, on Saturdays, Sundays, and holidays will be processed the next Business Day no earlier than at the moment of payment recording for prepayment transactions.

6.4. Ordering Goods occurs after pressing the “ORDER” icon and going through the process of confirming the data necessary for shipment as well as the method of delivery and payment.

6.5. If a product is marked as “UNAVAILABLE”, such Goods will not return to sale or are currently unavailable in stock. For information on product availability, please contact the Store’s customer service at: limesup.info@gmail.com

6.6. The condition for order fulfillment is the correct completion of the order form found on the Online Store’s website. The Seller is not responsible for incorrect completion of the order form and the resulting consequences.

6.6.1 Made-to-measure products are fulfilled within two weeks from the moment of receiving payment from the buyer as well as complete data and measurements from the buyer.

6.6.2 All made-to-measure products are non-returnable.

6.7. To make a purchase, the Buyer:

6.7.1. may voluntarily register by providing contact details necessary for order fulfillment (name, surname, e-mail address, login, and password);

6.7.2. may use quick purchases – registration is not required for this option.

6.8. The Buyer is obligated to provide correct and complete personal data necessary for order fulfillment, as well as for the proper conduct of the transaction. The Buyer should also provide a contact phone number and an email address, which will be necessary to confirm the placed order, including contacting the Buyer regarding the Order. Incorrectly filled registration forms may hinder or even prevent order fulfillment.

6.9. Immediately after placing the order, the Buyer receives an email confirmation of the order acceptance. If such confirmation is not received, the Buyer should contact the Online Store by phone or email. Limes Up reserves the right to confirm the acceptance of the order by phone.

6.10. The Seller reserves the right to cancel the order in case of:

6.10.1. incorrect or partial completion of the order form and lack of order confirmation, which prevents acceptance of the order for fulfillment,

6.10.2. lack of transfer booking in the amount resulting from the order placed by the Buyer,

6.10.3. the shipped package of Goods is not received.

6.11. Orders about which there are any doubts will be verified by the Store’s staff, such an order may be canceled by the Store. The Ordering party will be informed about this fact using the available communication channels indicated in sec. 5 point 8.

6.12. Placing and confirming the order is equivalent to concluding a purchase and sale agreement for the ordered Goods within the meaning of the Civil Code provisions. From this moment, the Seller acquires the right to process personal data for purposes related to order fulfillment.

6.13. The Buyer may make changes to the placed order or withdraw the placed order by email, writing to the address: limesup.info@gmail.com only until the order is shipped to the fulfillment department.

6.14. Discounts granted to the Buyer do not combine with promotions applicable in the Online Store

6.15. The Online Store www.limesup.pl – accepts payments by bank transfer.

6.16. In case of payment by bank transfer:

6.16.1. Payments should be made to the following bank account number

6.16.1.1. For payments in PLN: mBank 82114020040000370283254646

6.16.1.2. For payments in EUR: mBank 32114020040000341218159056

6.16.1.3. The entity providing online payment services in terms of card payments is Autopay S.A.

6.16.1.4. Available payment methods: Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.

6.16.1.5. The order fulfillment time is counted from the moment of obtaining positive payment authorization.

6.16.2. The owner of the bank account is Malwina Uzdejczyk.

7. ORDER FULFILLMENT TIME AND COSTS

7.1. The Seller begins order fulfillment for cash on delivery shipments immediately (on the first business day) after confirming receipt of the placed Order, and in other cases after the payment has been booked.

7.2. Shipments are sent within a maximum period of 1 to 10 business days from the booking of payment. The Buyer is informed about the dispatch of the package by a separate email, which is generated automatically after the sale of the Goods. In special cases arising from objectively independent reasons from the Limes Up store, the Seller reserves the right to extend the fulfillment time. The Buyer will be informed about the circumstances by phone or email. The Customer has the option to cancel the order in case of an extension of the fulfillment time of the accepted order.

7.3. In the event of the unavailability of some of the products covered by the Buyer’s order, the Buyer is informed about the order status. The Buyer has the option to choose how to fulfill the Order (partial fulfillment, extending the waiting time, canceling the entire order). In case of no response from the Buyer within 7 days from the day of sending information about the unavailability of some products – the Seller reserves the right to send the available items in the order or cancel the order.

7.4. For orders consisting of several goods to be delivered in one shipment, the fulfillment time will depend on the time of completing the last element of the order by the Store, unless the Parties decide otherwise.

7.5. A product with information in the product description, e.g., “availability 30 days,” is a model with an extended order fulfillment period. Such orders are fulfilled within the period stated in the description. The availability period of each model of clothing and accessories is always stated in the item description.

7.6. If the Goods are available in stock – they will be shipped at the moment of receiving the funds to the bank account for 100% of the order value. If the payment reaches the company’s account by 3 PM, the goods may be sent the same day.

7.7. In case the Buyer notices damage to the package, Limes Up recommends drafting a damage protocol in the presence of the courier, which will include the recipient’s and courier’s data, as well as a brief description of the appearance of the Goods, and promptly informing Limes Up about it.

7.8. Failure to collect the package and the return of the shipment to the Seller results in charging the Buyer the costs of re-sending it if the Buyer requests the shipment to be re-sent and expresses the will to receive it. Otherwise, the return of the shipment will be treated as a return of the Goods by the Buyer.

8. DELIVERY COSTS

8.1. Deliveries are made via Courier chosen by the Seller, indicated when placing the Order.

8.2. Deliveries are carried out after prior payment for the order unless the Buyer chooses the delivery method on delivery.

8.3. The ordered goods are sent to the address indicated in the form as the delivery address by the company inPost.

8.4. The cost of delivery depends on the chosen method of delivery and payment in the “Cart” panel, under the “Delivery method” tab.

8.5. Delivery costs stated in the “Cart” panel apply within Poland and amount to 19 PLN.

8.6. Shipping costs to other countries are determined individually with the Buyer for each order separately.

9. RIGHT TO WITHDRAW FROM THE CONTRACT AND ITS CONSEQUENCES

9.1. The Consumer who purchased Goods in the Online Store has the right to withdraw from the Goods sales contract within 14 calendar days, from the day following the day on which the Consumer or a third party indicated by the Consumer other than the carrier came into possession of the product. To keep the 14-day term, the statement of withdrawal should be sent to the Seller before its expiration.

9.2. To exercise the right to withdraw from the contract, the Consumer should inform Limes Up of their decision to withdraw from the contract through an unequivocal statement of intent. The Buyer may inform the Seller about exercising the above right using one of the following ways:

9.2.1. electronically, by logging into their account and filling out the electronic return form;

9.2.2. electronically, via email to: limesup.info@gmail.com;

9.2.3. in writing to the address: Jankowce 109, 38-600 Lesko

The method of submitting the statement depends solely on the Client, and the choice of the form of submission in no way limits the possibility of withdrawing from the contract.

9.3. Consequences of withdrawing from the contract:

9.3.1. In case of withdrawal from the contract, the Consumer is refunded all payments received from the Consumer, except for additional costs resulting from the Consumer’s choice of delivery method other than the cheapest standard delivery offered by the Seller, immediately, and in any case no later than 14 days from the day on which the Seller was informed about the decision to withdraw from the contract.

9.3.2. The refund will be made using the same payment methods that were used by the Consumer in the original transaction (when purchasing the Goods) as far as it is possible for the Seller to fulfill, unless the Consumer has agreed to another method of refund. In any case, the Consumer will not incur any fees in connection with the return of the payment. In case the Buyer chooses the delivery method on delivery, the Seller refunds the payments made to the bank account provided by the Buyer.

9.3.3. The Seller may withhold the refund of payments received from the Consumer until the goods are returned or the Consumer provides proof of their return, depending on which event occurs first. The Buyer should return the Goods to the address: Jankowce 109, 38-600 Lesko, immediately, and in any case no later than 14 days from the day on which they informed about withdrawing from the contract. The 14-day term is kept if the Goods were sent back before its expiration.

9.3.4. The Buyer exercising the right to withdraw from the contract bears the direct costs of returning the Goods.

9.4. The Buyer who is not a Consumer does not have the right to withdraw from the contract mentioned in sec. 1, and in the scope of such sale, the rules and terms of withdrawing from the contract are regulated by the provisions of the Civil Code.

9.5. The Seller does not accept personal returns at the Company’s headquarters. The Seller does not collect returns from parcel lockers. Returns should be sent via courier or Polish Post. It is recommended that the Buyer keep the dispatch number, necessary for tracking the shipment.

9.6. The Seller reserves the right to refuse to accept the return if the purchased goods have been damaged or the tags attached to each model, being proof of non-use of the goods, have been removed.

10. COMPLAINTS

10.1. All Goods purchased in the Online Store are subject to a 2 (two) year warranty, in accordance with the Act on consumer rights and the Civil Code Act.

10.2. The basis for recognizing the complaint is: a receipt, VAT invoice, email order confirmation, or another proof of payment (e.g., bank transfer confirmation or credit card charge statement)

10.3. The Buyer may inform the Seller about exercising the right to complain about the goods using one of the following ways:

10.3.1. electronically, by logging into their account and filling out the electronic complaint form;

10.3.2. electronically, via email to: limesup.info@gmail.com;

10.3.3. in writing to the address Limes Up, Jankowce 109, 38-600 Lesko. The method of submitting the statement depends solely on the Client, and the choice of the form of submission in no way limits the possibility of complaining about the goods.

10.4. In the complaint notification, the Buyer should provide details of the complaint, in particular which Goods are being complained about, when the defect was noticed, as well as the circumstances justifying the complaint and the Buyer’s demands.

10.5. Limes Up will inform the Buyer, who is a Consumer, of its position regarding the validity of the filed claim within 14 days from the day the Buyer, who is a Consumer, filed the complaint, if they demanded a replacement of the goods or removal of the defect or submitted a statement on reducing the price, specifying the amount by which the price is to be reduced.

10.6. Limes Up will inform the Buyer of its position within 30 days from the day of filing the complaint, within 30 days from the day of its receipt.

10.7. The shipment with the complained Goods should include the Buyer’s complaint statement, containing the name and surname, order number, precise description of the Goods’ defect, proof of purchase mentioned in sec. 11.2 above, and the Buyer’s current return address, with a contact phone number or email address, to enable direct and prompt contact with the Buyer.

10.8. If as a result of accepting the complaint by Limes Up. as valid, the Goods were repaired or replaced with new ones, or the filed complaint was rejected as unjustified, Limes Up will immediately return such Goods by courier to the address provided by the Buyer, unless another form of transferring the Goods is agreed upon with the Buyer.

10.9. If the complained Goods are not collected by the Buyer, Limes Up will invite the Buyer in writing or possibly in another way personally agreed upon with Him, to collect the Goods within 14 days from the date of receiving such an invitation. After the ineffective lapse of this additional period, Limes Up. will be entitled to charge fees for unauthorized storage of the Goods, in the amount of 2 PLN, charged for each day of storage.

10.10. A complaint filed by the Buyer who is not a Consumer, without an attached document confirming the sale, will not be considered.

11. OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS

11.1. The Consumer may use out-of-court means of dealing with complaints and pursuing claims and the principles of access to these procedures, i.e., the possibility of referring the matter with the consent of both parties of the contract to the Permanent Consumer Arbitration Court.

11.2. The Consumer has the right to turn to: – the Permanent Consumer Arbitration Court, operating at the Trade Inspection, with a request to settle any dispute arising from the contract concluded with Limes Up, – to the Provincial Trade Inspection Inspector with a request to initiate mediation proceedings on the amicable ending of any dispute between the Client and Limes Up;

11.3. The Buyer may obtain free assistance regarding the resolution of any dispute between the Buyer and Limes Up, also using the free assistance of the District (City) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection, including, among others, the Federation of Consumers.

12. COPYRIGHT

12.1. This website, including its structure, graphic layout, texts, photos, and graphics, and the presented works are the exclusive property of the Limes Up Store and are legally protected in accordance with the Act of February 4, 1994, on copyright and related rights (Journal of Laws of 2017, item 880, as amended).

12.2. Photos on the website www.limesup.pl are the property of Limes Up, and its owner does not consent to their reproduction, unless otherwise indicated on the page.

12.3. No part of this website, especially texts, photos, graphics, and trademarks, can be downloaded or distributed, both in electronic publications (including on other WWW pages) and in printed form, without the consent of Limes Up.

12.4. All other trademarks, names, and logos contained on this website are trademarks or registered trademarks legally owned by their rightful owners.

13. PERSONAL DATA PROTECTION

13.1. Personal data processing is carried out in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016.

13.2. The administrator of personal data is Limes Up

13.3. Personal data are processed by the Administrator for the purpose of:

13.3.1. providing electronic services,

13.3.2. marketing, including profiling and analytical purposes,

13.3.3. adjusting the content of websites to preferences and interests,

13.3.4. statistical measurements and service improvement.

13.4. Personal data will be processed until the consent for such processing is withdrawn. Otherwise, the data will be processed only for the period necessary to execute the contract/services, and only in justified cases for a longer period (minimal and necessary for the realization of appropriate purposes and rights), but always with full compliance of the data processing process in light of currently applicable legal provisions – this applies, for example, to processing data after the end of the service provision for complaint purposes or other claim pursuit.

13.5. The person whose data is processed has the right to request access to their personal data from the Administrator. The Client may also request their rectification, deletion, or restriction of processing.

13.6. The person whose data is processed has the right to object to processing, as well as the right to data portability. Moreover, in the case of data processing based on consent, the Client has the right to withdraw consent at any time without affecting the legality of the processing, which was made based on consent before its withdrawal.

13.7. The person whose data is processed has the right at any time to lodge a complaint with the Personal Data Protection Office. The complaint procedure and additional information are available on the Personal Data Protection Office’s Service.

13.8. The Seller applies appropriate technical and organizational measures ensuring the protection of processed personal data.

13.9. Some personal data are required to conclude a relevant contract or use certain functionalities. The consequence of not providing personal data required to conclude a relevant contract may be the inability to effectively carry out actions necessary for concluding the contract, e.g., placing an order or its settlement.

13.10. Additional information regarding personal data protection is contained in the “Privacy Policy”.

14. FINAL PROVISIONS

14.1. Polish law is the applicable law for all contracts concluded between the Seller and the Buyer under the terms defined in the Regulations.

14.2. In all matters not regulated in these Regulations, the provisions of the Civil Code and other generally applicable legal provisions, in particular, the provisions of the Act on consumer rights and the Act on the provision of electronic services, apply.

14.3. In case of disputes arising from the concluded contracts, the Parties will aim for their amicable resolution. The resolution of any disputes between the Seller and the Client who is a Consumer is submitted to the common courts competent according to the provisions of the Code of Civil Procedure.

14.4. The provisions of these Regulations apply to orders placed and contracts concluded from February 1, 2022.

14.5. These regulations are valid from February 1, 2022.