Terms and conditions - issmueller.com

TERMS AND CONDITIONS OF THE ONLINE SHOP

www.issmueller.com

The regulations are effective from 1 September 2025.

Definitions used.
1. Shop - online shop available at www.issmueller.com through which the Buyer may purchase the Products available in the Shop.
2. Seller - ART&DESIGN Izabella Mueller, ul. Długa 39, 87-134 Rozgarty, POLAND, NIP 8792739712, phone. 570056626, email issmue@gmail.com
3. Personal data controller - entity deciding on the purposes and means of data processing. The administrator of the Buyers' personal data is the Seller.
4. Terms and conditions of the online shop - these terms and conditions for the provision of services by electronic means, setting out the rules for the use of the Shop.
5. Privacy Policy - document describing the purposes and means of data processing, as well as the rights of data subjects.
6. Consumer - a natural person of full legal capacity making a purchase at the Seller not directly connected with his/her economic or professional activity.
7. Customer - a natural person of full legal age with legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, making a purchase from a Seller directly connected with his/her economic or professional activity.
8. Customer-Consumer - a natural person of full legal age who makes a purchase from the Seller directly connected with his or her business activity, when the purchase does not have for that person a professional character resulting in particular from the subject of his or her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. Buyer - both Consumer, Customer and Client-Consumer.
10. Order - a declaration of will made by the Buyer aimed directly at concluding a contract with the Seller by completing and submitting an electronic purchase form available on the Shop's website, including reading and accepting the Rules and Regulations of the online shop.
11. Product - all digital content available in the Shop, such as exclusive and non-exclusive designs
12. Electronic file - a file containing digital content intended to be read, available for download upon receipt of payment by the Seller. An electronic file is in particular a report / seamless design that is in electronic form, in particular saved in .PDG .JPG .TIFi format not saved on any tangible medium (each electronic file in the Shop contains a description of what format it is available in).
13. Complaint - the procedure for asserting liability from the Seller in connection with non-compliance of the purchased Product with the contract.
14. Digital environment - computer hardware, software and network connections used by the Buyer to access or use digital content or a digital service.
15. Compatibility - the interaction of digital content or digital service with the hardware or software typically used to consume the digital content or service, without being transformed.
16. Digital content - data produced and delivered in digital form.
General provisions.
1. The prices given by the Seller are expressed in Polish zloty (PLN) and are gross prices.
2. The retailer does not use individual price adjustment on the basis of automated decision-making.
3. The seller is not a VAT payer.
4. The vendor invoices without VAT.
5. The wish to receive a b/VAT invoice must be notified to the Seller at the stage of placing the Order.
6. The Seller undertakes to deliver Products in conformity with the contract.
7. The Buyer shall be obliged to use the Products offered by the Seller in a manner compliant with the provisions of the law in force on the territory of the Republic of Poland, in accordance with the provisions of the Terms of Use and the Licence, as well as not to provide content prohibited by generally applicable laws.
8. The delivery of Digital Products, including digital content, takes place via the Internet in electronic form.
9. The Buyer is obliged to familiarise himself with the technical requirements necessary for the use of the Shop and the Digital Products, including the digital content, contained further in the Terms and Conditions (Technical Requirements).
Forms of payment.
1. The Seller provides the following forms of payment in the Shop:
  1. online payment - prepayment by bank transfer to the Seller's bank account no.: 54 1050 1979 1000 0097 5533 5214 ING Bank Śląski within 3 calendar days of placing the Order.
  2. online payment - online prepayment by bank transfer or by Visa, Mastercard through an external payment system, i.e. Tpay payment system belonging to the company: Krajowy Integrator Płatności S.A. with its registered office in Poznań, Plac Andersa 3, 17th floor, 61-894 Poznań, entered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number 0000412357, NIP 7773061579, REGON 300878437, with the share capital of PLN 5,494,980 paid in full.
  3. paypal payment issmue@gmail.com via an external payment system i.e. Tpay payment system belonging to the company: Krajowy Integrator Płatności S.A. with its registered office in Poznań, Plac Andersa 3, 17th floor, 61-894 Poznań, entered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number 0000412357, NIP 7773061579, REGON 300878437, with the share capital of PLN 5,494,980 paid in full.
Conclusion of the sales contract.
1. In order to purchase a Product from the Shop, it is necessary to visit the Shop's website, i.e. www.issmueller.com.pl/sklep, and then select the Digital Product by following the information displayed on the Shop's website.
2. In order to purchase a Product, it is necessary for the Buyer to perform the following steps:
  1. adding the Product to the basket,
  2. filling in the order form with data such as the Buyer's name or surname,
  3. providing the e-mail address to which access to the Product is assigned,
  4. indication of billing or invoicing data, if the Buyer wishes to receive one, including other billing data such as the VAT ID, the name of the entity to which the invoice or bill is to be issued,
  5. choice of payment method,
  6. reading the Terms and Conditions and accepting the Shop Rules,
  7. optionally agreeing to the delivery of the Digital Product by the Seller before the 14-day withdrawal period, and confirming that the customer understands that in this case he will lose the right to withdraw from the distance contract if he downloads the File before the expiry of this period
  8. confirmation of the will to conclude a contract, including the selection of the button "Order with obligation to pay" or equivalent content.
3. Once the Buyer has entered all the data necessary to place an order, a summary of the Order will be displayed.
4. An order sent by the Buyer is a declaration of the Buyer's will to conclude a contract of sale with the Seller, in accordance with the provisions of these Regulations.
5. After placing an order, the Buyer will receive an order confirmation message, which constitutes a declaration of intent by the Seller to conclude a sales contract with the Buyer including the Product. The sales contract is deemed to be concluded when the Buyer receives the message from the Seller.
6. The Seller shall provide the Buyer with a confirmation of the conclusion of the distance contract on a durable medium, in particular in the form of the Terms and Conditions of the online shop saved in PDF format, on the basis of which the contract was concluded, within a reasonable time after its conclusion, before the provision of the service starts.
7. The Seller shall provide the Consumer or the Customer-Consumer with an acknowledgement of the Consumer's or the Customer-Consumer's consent to the supply of digital content in circumstances giving rise to the loss of the right of withdrawal, if such consent has been given by the Consumer or the Customer-Consumer.
Lead time by product category.
1. The Seller fulfils placed orders for Products within the following time limits:
  1. With online payment, access to the purchased Product in the form of a File or Online Course is granted automatically after authorisation of the payment. The Buyer receives an e-mail with the Download File or account registration data on the Platform. The download of the File and access to the Online Course on the Platform is inactive until payment is received by the Seller,
  2. In the case of traditional payment, access to the File or Online Course is granted within a maximum of 3 calendar days after the payment is credited to the Seller's account.
Withdrawal from a distance contract.
1. The Consumer or Customer has the right to withdraw from a contract concluded at a distance without stating a reason and without incurring costs.
2. The deadline for withdrawal from a distance contract is 14 days from the date of conclusion of the contract.
3. Exceptions to withdrawal from the contract are indicated in the following section of the Terms and Conditions, i.e. Exceptions to withdrawal from the contract.
4. To meet the withdrawal deadline, it is sufficient to send a statement of withdrawal to the Seller before the deadline by e-mail to the specified e-mail address: issmue@gmail.com
5. The Consumer or Customer-Consumer may use the model Withdrawal Form provided by the Seller or use Appendix 2 of the Consumer Rights Act of 30 May 2014.
6. The Seller shall immediately send an acknowledgement of receipt of the declaration of withdrawal to the Consumer or the Customer-Consumer.
7. If the Consumer or Customer-Consumer sends a declaration of withdrawal by traditional means (post, courier), the date of posting of the correspondence shall count for compliance with the 14-day withdrawal period.
8. The Seller shall refund the monies paid by the Consumer or the Customer-Consumer within 14 days of receipt of the Consumer's or the Customer-Consumer's statement of withdrawal, using the same method of payment used by the Consumer or the Customer-Consumer, unless the Consumer or the Customer-Consumer agrees to another method of refund.
Exceptions to withdrawal in the case of a Digital Product.
1. Pursuant to Article 38 of the Consumer Rights Act of 30 May 2014, a Consumer or Customer-Consumer shall not have the right to withdraw from a contract for the supply of digital content not delivered on a tangible medium for which he or she is liable to pay the price, if in aggregate:
  1. The Seller has commenced performance with the express and prior consent of the Consumer or Customer-Consumer,
  2. The consumer or consumer-customer has been informed before the performance starts that he or she will lose the right of withdrawal after the performance by the trader,
  3. The Consumer or Customer-Consumer has acknowledged this,
  4. The Seller has provided the Consumer or Customer-Consumer with confirmation of the Consumer's or Customer-Consumer's consent to the supply of digital content in circumstances giving rise to the loss of the right of withdrawal.
2. In the case of an order of a Digital Product, including digital content, the Consumer or Customer-Consumer who, in the circumstances indicated in point 1 above, downloads the File before the expiry of the 14-day period entitling him/her to withdraw from the Order, loses his/her rights of withdrawal, pursuant to Article 38(13) of the Consumer Rights Act of 30 May 2014.
3. The consumer and the Customer-Consumer are also not entitled to withdraw from a contract for a service for which he or she is liable to pay the price, where the trader has performed the service in full with the express and prior consent of the consumer, who has been informed before the performance begins that he or she will lose the right of withdrawal after the trader has provided the service, and has acknowledged this.
Conformity of the Product with the Contract.
1. A digital product, including digital content, will be contractually compliant if, in particular, its description, type, quantity, completeness, compatibility, functionality, interoperability and the availability of technical support and updates, where required for a product of that type, remain contractually compliant.
2. The assessment of compliance with the contract should also be made taking into account the specific, particular type of digital content and whether:
  1. is suitable for the purposes for which digital content of this kind is usually used, having regard to the applicable legislation, technical standards or good practice,
  2. occurs in such quantity and has such characteristics, including functionality, compatibility, accessibility, continuity and security, as are typical of digital content of this kind.
3. In the case of non-conformity of the Product with the contract (noticing defects in the Product within 2 years from the date of delivery or making the Product available), the Consumer and the Customer-Consumer shall have the right to demand that the Product be brought into conformity with the contract, and if the Product cannot be brought into conformity with the contract or if this will be connected with excessive difficulties or impossible to achieve within a reasonable period of time, to demand a price reduction or to withdraw from the contract.
4. In the event of non-conformity of a digital service or digital content with the contract, the Consumer or Customer-Consumer shall have the right to request that the content or digital service be brought into conformity with the contract.
5. The Seller shall bring the digital content or digital service into conformity with the contract within a reasonable time from the moment it is brought to the attention of the Consumer or Customer-Consumer of the lack of conformity with the contract and without undue inconvenience to the Consumer or Customer-Consumer, taking into account its nature and the purpose for which it is used.
6. The costs of bringing the digital content or digital service into conformity with the contract shall be borne by the Seller.
7. If it is not possible or requires excessive costs on the part of the Seller to bring the Product into conformity with the contract, or the lack of conformity of the digital content or digital service with the contract persists even though the Seller has attempted to bring the Product into conformity with the contract or the lack of conformity with the contract is significant, then the Consumer or Customer-Consumer may request a reduction in its price or withdraw from the contract.
8. When assessing whether the costs to the Seller are excessive, all the circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Product with the contract, the value of the conforming Product and the excessive inconvenience for the Consumer or the Customer-Consumer arising from the change in the manner of bringing the Product into conformity with the contract.
9. The Consumer or Customer-Consumer is obliged to read the Technical Terms and Conditions necessary for the use of the Shop and the Product, in particular the digital content or service referred to further in the Terms and Conditions.
10. The Consumer or the Customer-Consumer is obliged to cooperate with the Seller, to a reasonable extent and using the least onerous technical means, in order to determine whether the lack of conformity of the digital content or digital service with the contract in due time is not due to the characteristics of the Consumer's or the Customer-Consumer's digital environment and its incompatibility.
11. The Seller shall not be liable for non-compliance with the contract if, at the latest at the time of the conclusion of the contract, the Seller has expressly informed the Consumer or the Client-Consumer that a particular feature or features of the Product deviate from the requirements of conformity with the contract, and the Consumer or the Client-Consumer has subsequently expressly accepted the absence of the feature or its non-compliance, separately for each such feature of the Product.
12. For Products supplied on a continuous basis, the Seller's liability shall continue throughout the period of supply of the Product.
13. The Seller shall consider a complaint of non-conformity with the contract within 14 days from the date of its receipt by sending a reply to the e-mail address or correspondence address indicated by the Consumer or the Customer-Consumer, giving him an opportunity to become acquainted with the Seller's position.
14. The complaint should include at least:
  1. the name of the Consumer or Customer-Consumer, address, postal code,
  2. the name of the purchased Product,
  3. description of the complaint,
  4. the date on which the non-conformity of the Product became apparent,
  5. confirmation of purchase from the Seller (depending on the circumstances, the Consumer or Customer-Consumer may present one of the following: proof of purchase, order number, confirmation of payment, e-mail confirming acceptance of the order by the Seller, etc.).
15. In the case of withdrawal from the contract due to the occurrence of non-conformity with the contract, the Seller may request the return of the tangible medium on which he has supplied the Product, within 14 days from the date of receipt of the consumer's declaration of withdrawal from the contract, the Consumer or the Client-Consumer is obliged to return the medium immediately and at the Seller's expense, if such a durable medium was supplied for digital content.
16. The Seller shall reimburse the Consumer or the Customer-Consumer the price payable as a result of exercising the right of withdrawal or the price reduction immediately, but no later than within 14 days of receipt of the Consumer's or the Customer-Consumer's declaration of withdrawal or price reduction.
17. The Seller shall refund the price using the same method of payment used by the Consumer or the Customer-Consumer, unless the latter has expressly agreed to a different method of refund that does not incur any costs for him/her.
Data protection.
1. The administrator of the personal data provided during the use of the Shop is the Seller.
2. The Buyer's personal data shall be processed for the purpose of concluding and performing the concluded sales contract, including the delivery of the Product, on the basis of Article 6(1)(b) RODO. The provision of personal data for this purpose is necessary.
3. The purposes and scope of data processing, the entities to whom the data will be transferred, as well as the rights of data subjects are described in the Privacy Policy (RODO) available at www.issmueller.com/politykaprywatnosci.
Technical requirements necessary to use the Shop and the Products and Services.
1. In order to use the Shop and the Products purchased, it is necessary for the Buyer to have:
  1. Internet-enabled devices (computer, tablet, phone);
  2. a properly configured web browser supporting cookies - Microsoft Edge, Opera, Mozilla Firefox, Safari, Google Chrome (recommended Mozilla Firefox version minimum 24.0, Opera from version 10, Google Chrome version 28.0 or later), which provides support for cookies and JavaScript. It is acceptable to use other versions of web browsers if they provide full compatibility with the versions listed above.
  3. an active and properly configured e-mail account, enabling the Buyer to receive e-mails.
2. For the safe use of the Shop and its Products, it is recommended that the device used by the Buyer should have, in particular:
  1. up-to-date antivirus system,
  2. an effective security firewall,
  3. installed available updates to the operating system and web browser which relate to security,
  4. the function to accept cookies and JavaScript is activated in your browser,
  5. software capable of reading files in .PDF, jPG and .TIF format
3. The Buyer is obliged to use the Products offered by the Seller in a manner compliant with the regulations in force in the territory of the Republic of Poland, the provisions of the Rules and Regulations of the Online Store, and not to provide content prohibited by generally applicable laws.
4. The Consumer or Customer-Consumer is obliged to cooperate with the Seller, to a reasonable extent and using the least onerous technical means possible, in order to determine whether the non-compliance of the digital content or digital service with the contract in a timely manner is not due to the characteristics of the Consumer's or Customer-Consumer's digital environment and its incompatibility.
5. The Seller shall not be liable for the Buyer's failure to comply with the above technical requirements necessary for the cooperation with the ICT system used by the Buyer. In particular, this concerns cases where the Buyer has incorrectly configured his e-mail account or has not configured it at all and e-mails from the Buyer to the Seller or from the Seller to the Buyer do not reach him for this reason.
Contact form
1. The Seller allows the Buyer to send an enquiry to the Seller using a dedicated form on the Shop website.
2. The use of the Form by the Buyer is voluntary.
3. In addition to the form, the Seller also provides the Buyer with a telephone number and an e-mail address on the Shop's website where the Buyer can effectively contact the Seller.
4. The purposes and scope of data processing, the entities to which the data will be transferred, as well as the rights of data subjects are described in the Privacy Policy.
Copyright
1. The products are works within the meaning of the Act of 4 February 1994 on Copyright and Neighbouring Rights and are subject to the protection provided by this legal act.
2. The Seller or another entity with which the Seller has concluded the applicable agreements shall hold the economic copyright in the Files and/or Courses, and the authors shall hold the moral copyright.
3. Exclusive rights to content made available within the Shop, in particular copyrights to images, names, trademarks of the Shop and its Products, including graphic elements, software and database rights are legally protected and vested in the Seller or third parties with whom the Seller has concluded relevant agreements.
4. It is forbidden to copy or otherwise use any elements of the Shop without the Seller's consent.
5. The purchase of a File or an Online Course does not transfer to the Buyer the economic copyright or moral rights in these Products. The Buyer may only use it for his own purposes.
6. In the event of an infringement of the copyrights of a File or an Online Course, the infringer (including the Buyer) shall be liable for this under the copyright or intellectual property laws.
7. In particular, the Buyer must not:
  1. Remove security features and markings applied to the File or Online Course.
  2. To reproduce the File, the Online Course or to distribute it, whether in printed or electronic form.
  3. Share the File or the Online Course with others, whether in printed or electronic form.
  4. To rent and lend a File or Course online, whether in print or electronic form.
  5. Interfere with the content of a File or Online Course.
ODR platform.
1. The Online Dispute Resolution (ODR) platform is an interactive website for Consumers and Sellers wishing to resolve disputes out of court.
2. The ODR platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
3. Through the ODR platform, a Consumer residing in the EU, Norway, Iceland, Liechtenstein can file a complaint concerning goods or services purchased online from a Seller located in the EU, Norway Iceland, Liechtenstein.
4. This is done by filling in an electronic form and finding the right entity to resolve the dispute.
5. All institutions listed on the platform have been verified to ensure that they comply with the relevant regulations and are registered with the national authorities. On the territory of the Republic of Poland, this authority is - the Office of Competition and Consumer Protection (UOKiK).
Final provisions
1. In matters not regulated by these Online Store Terms and Conditions, the relevant generally applicable provisions of Polish law shall apply.
2. The consumer also has the right to refer the dispute to an entity entitled to out-of-court resolution of consumer disputes in accordance with the Act on Out-of-Court Resolution of Consumer Disputes (Journal of Laws 2016.1823 of 2016.11.09) without prejudice to the possibility of bringing an action before the ordinary courts.
3. Buyers may access the Online Shop Terms and Conditions free of charge at any time on the Shop website and make a printout.
4. These Terms and Conditions of the online shop shall enter into force on the day they are published on the Seller's website.
5. The Seller shall notify Purchasers of any planned change to the Terms and Conditions by e-mail, sending the content of the amended Terms and Conditions at least 14 days before it comes into force, to the Purchasers' addresses which it holds, and shall also place a note to this effect on the Store's website in good time.