Regulations

TERMS AND CONDITIONS OF THE ONLINE SHOP

www.izabellamueller.com

Terms and conditions effective from 5.04.2024

  1. Definitions used.
  2. Shop - online shop available at www.izabellamueller.com through which the Buyer may purchase the Goods available in the Shop.
  3. Seller - ART&DESIGN Izabella Mueller

Długa 39 Street, 87-134 Rozgarty, NIP 8792739712

email [email protected], tel. 570-056-626

BDO No.: 000704430

  1. Personal data controller - entity deciding on the purposes and means of data processing. The administrator of the Buyers' personal data is the Seller.
  2. 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 Store and for ordering Goods available in the Store.
  3. Privacy Policy - document describing the purposes and means of processing personal data, as well as the rights of data subjects.
  4. Consumer - a natural person of full legal capacity making a purchase at the Seller not directly connected with his/her economic or professional activity.
  5. 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.
  6. Customer-Consumer - a natural person of full legal age making a purchase from the Seller directly connected with his/her business activity, when the purchase does not have for that person a professional character resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
  7. Buyer - whether Customer, Customer-Consumer or Consumer.
  8. 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.
  9. Merchandise - all movable items available in the Shop.
  10. Durability of goods - the ability of the goods to maintain their function and characteristics in the ordinary course of use.
  11. Complaint - the procedure for claiming liability from the Seller for non-conformity of the Goods with the contract.
  12. Guarantee - a voluntary declaration concerning the quality of the Goods made by the Guarantor, Indicates the obligations of the Guarantor and the rights of the Buyer in case the sold Goods do not have the characteristics specified in the guarantee declaration. The Guarantor's guarantee statements will be attached to the goods covered by the guarantee.
  13. Guarantor - the trader who made the guarantee statement, e.g. the manufacturer, importer, distributor of the Goods or the Seller.
  14. Account- one of the services provided electronically in the Store by the Seller. The Buyer may voluntarily register with the Shop, in particular in order to further use the Shop's services, save Goods to favourites or view the history of Orders carried out in the Shop.
  15. Newsletter - one of the services provided electronically in the Shop by the Seller, consisting in sending marketing information electronically to the e-mail address provided by the Buyer, with the Buyer's prior consent.
  16. General provisions
  17. The prices given by the Seller are expressed in Polish zloty (PLN) and are gross prices.
  18. The retailer does not use individual price adjustment on the basis of automated decision-making.
  19. The seller is not a VAT payer.
  20. The seller invoices without VAT
  21. The wish to receive an invoice without VAT must be notified to the Seller at the stage of placing the Order.
  22. The supply of Goods shall be limited exclusively to the territory of the Republic of Poland.
  23. The Buyer is obliged to use the Goods offered by the Seller in a manner compliant with the regulations in force in the territory of the Republic of Poland, in accordance with the provisions of the Regulations, as well as not to provide content prohibited by generally applicable laws.
  24. All Goods offered by the Seller in the Shop are new.
  25. The Buyer is obliged to familiarise himself with the technical requirements necessary for the use of the Shop, contained further in the Terms and Conditions (Technical Requirements).
  26. Forms of payment.
  27. The seller provides the following forms of payment:
    1. traditional 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.
  28. Conclusion of the sales contract.
  29. In order to make a purchase from the Shop, you must visit the Shop's website, i.e. www.izabellamueller.com/sklep, and then select the Goods by following the information displayed on the Shop's website.
  30. In order to make a purchase, it is necessary for the buyer to perform the following steps:
    1. adding the selected Goods to the basket,
    2. filling in the order form with data such as the Buyer's name or surname,
    3. providing an e-mail address to which confirmation of the conclusion of the sales contract will be sent,
    4. indicate the billing or invoice data, if the Buyer wishes to receive one, including other billing data such as VAT ID, the name of the entity to which the invoice or bill is to be issued,
    5. choice of payment method,
    6. acceptance of the Shop Rules,
    7. confirmation of the will to conclude a contract, including the selection of the button „Order with obligation to pay” or equivalent content.
  31. Once the Buyer has entered all the data necessary to place the Order, a summary of the Order will be displayed.
  32. 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.
  33. After placing the Order, the Buyer will receive a message confirming the Order, which constitutes a declaration of intent by the Seller to conclude a contract of sale with the Buyer including the Goods. The contract of sale is deemed concluded upon receipt by the Buyer of the message from the Seller.
  34. 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, at the latest upon delivery of the goods.
  35. Lead time and delivery of Goods.
  36. The Seller shall execute placed Orders for Goods within 7 to 15 working days, counting from the next day on which the Seller receives payment.
  37. Working days means days from Monday to Friday, excluding public holidays.
  38. The lead time for the Order does not include the delivery time of the Goods, which depends on the delivery method selected by the Buyer.
  39. The delivery costs of the Goods are communicated to the Buyer before the Buyer sends the Order.
  40. The cost of delivery is linked to the Buyer's choice of delivery method.
  41. The buyer has a choice of several delivery options, including
      1. Delivery by DPD courier
      2. INPOST courier service
  42. The supply of Goods shall be limited exclusively to the territory of the Republic of Poland.
  43. If, upon receipt of the Goods, the Buyer discovers mechanical damage to the contents of the consignment, incompleteness of the consignment, inconsistency of the contents of the consignment with the subject matter of the Order, the Buyer is entitled to refuse to accept the consignment and immediately notify the Seller of the situation. If it is possible, the Buyer may, in the case of damage, draw up a damage report in the presence of a representative of the supplier (e.g. a courier). This will speed up the complaint procedure, but is not necessary to assert claims.
  44. Withdrawal from a distance contract.
  45. The Consumer and the Customer-Consumer have the right to withdraw from a contract concluded at a distance without stating a reason and without incurring costs, except for the costs indicated below.
  46. 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.
  47. The period for withdrawal from a contract concluded at a distance is 14 days, starting on the day after the Consumer or the Customer-Consumer or a third party other than the carrier designated by the Consumer-Consumer has taken possession of the Goods.
  48. Where the contract covers a number of goods which are delivered separately, in lots or in parts, the withdrawal period shall be calculated from taking possession of the last good, lot or part thereof if the contract consists in the regular delivery of goods during a defined period of time, from taking possession of the first good.
  49. The consumer or customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods
  50. The declaration of withdrawal can be sent to the e-mail address: [email protected] - Vendors.
  51. 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.
  52. The Consumer or Customer-Consumer may also draw up a letter of withdrawal in their own handwriting, stating:
    1. identification and address details of the Consumer or Customer-Consumer,
    2. the name or symbol of the Goods to be returned,
    3. the date of receipt of the Goods by the Consumer or the Customer-Consumer,
    4. bank account number or other means of reimbursement of the Goods by the Seller.
  53. The Seller shall immediately send the Consumer or the Customer-Consumer an acknowledgement of receipt of the declaration of withdrawal to the e-mail address provided by the latter.
  54. In the event of withdrawal, the contract shall be deemed not to have been concluded.
  55. Exceptions to withdrawal.
  56. In accordance with article 38 of the Consumer Rights Act of 30 May 2014, the Consumer and the Customer-Consumer have no right of withdrawal:
      1. for the provision of services where the trader has supplied a service in full with the express consent of the consumer who has been informed before the performance of the service by the trader that he will lose his right of withdrawal after the trader has provided the service;
      2. in which the price or remuneration is dependent on fluctuations in the financial market outside the trader's control, and which may occur before the end of the withdrawal period;
      3. where the object of the supply is a non-refabricated good made to the consumer's specifications or intended to meet the consumer's individual needs
      4. where the object of the performance is goods which are perishable or have a short shelf life;
      5. where the object of the service is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery;
      6. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;
      7. where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
      8. in which the consumer has expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer has a right of withdrawal for the additional services or goods;
      9. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
      10. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
      11. concluded by public auction;
      12. for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service;
      13. for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
  57. Refund and return of Goods after withdrawal from a distance contract.
  58. The Seller shall refund the monies paid by the Consumer or Customer-Consumer within 14 days of receipt of the Consumer's or Customer-Consumer's statement of withdrawal, using the same method of payment used by the Consumer or Customer-Consumer, unless the Consumer or Customer-Consumer agrees to a different method of refund.
  59. The Seller may withhold reimbursement of monies received from the Consumer or Customer-Consumer until the Goods have been received from the Consumer or Customer-Consumer or the Consumer-Consumer has provided proof of return of the Goods.
  60. The Consumer or Customer-Consumer shall return the Goods immediately, but no later than within 14 days from the date of withdrawal from the contract.
  61. Returns of Goods should be addressed to the Seller's registered office address.
  62. Reimbursement of delivery costs when withdrawing from a distance contract.
  63. The Consumer or Customer-Consumer shall not bear the cost of return, except for the normal cost of returning the Goods to the Seller.
  64. The normal costs of return, which are to be borne by the Consumer or Customer-Consumer, are in particular the cost of packaging for dispatch and postage to the Seller's address.
  65. The Seller shall reimburse to the Consumer or Customer the cost of delivery of the Goods calculated as the cheapest ordinary means of delivery available from the Seller.
  66. The Seller shall not be obliged to reimburse the cost of delivery of the Goods to the Consumer or Customer-Consumer where:
      1. The seller delivered the goods free of charge,
      2. The Consumer or Customer-Consumer returns a part of the ordered Goods and the delivery costs were not calculated per item but on the entire Order.
  67. Consumer rights in the event of non-conformity of Goods.
  68. The Seller undertakes to deliver the Goods in accordance with the contract.
  69. The goods are in conformity with the contract in particular if:
      1. in accordance with the contract, in particular its description, type, quantity, quality, completeness and functionality;
      2. suitable for the purposes for which such goods are normally used, having regard to the applicable laws, technical standards or good practice;
      3. is present in such quantity and has such characteristics, including durability and safety, as are typical of a good of this kind.
  70. In the event of non-conformity of the Goods with the contract, within a period of up to 2 years from the date of delivery of the Goods, the Consumer and the Customer-Consumer shall have the right to require the Goods to be replaced or repaired and, if the Goods cannot or refuse to be brought into conformity with the contract in this way, to require a price reduction or to cancel the contract of sale of the Goods.
  71. Complaints can be submitted in any form. For evidentiary purposes, the Seller recommends that complaints regarding the Goods be sent in writing or by e-mail to the Seller's e-mail address.
  72. Each complaint should include at least:
      1. name, address, postcode,
      2. the name of the Goods purchased,
      3. description of the complaint,
      4. the date on which the non-conformity of the Goods with the contract becomes apparent,
      5. confirmation of purchase from the Seller (one of the following may be provided depending on the circumstances: proof of purchase, order number, payment confirmation, e-mail confirming acceptance of the Order by the Seller, etc.).
  73. The Seller shall consider the complaint immediately, not later than within 14 days from the day of its receipt, sending a reply to the address indicated by the Consumer or the Customer-Consumer, including an e-mail address, giving him an opportunity to familiarise himself with the Seller's position.
  74. The Seller shall reimburse the Consumer or the Customer-Consumer the cost of returning the Goods complained of, immediately after considering the complaint of non-conformity with the contract.
  75. The seller shall be liable for any lack of conformity of the goods with the contract existing at the time of delivery and discovered within two years from that time, unless the shelf life of the goods, as determined by the trader, his legal predecessors or persons acting on their behalf, is longer.
  76. Any lack of conformity of the goods with the contract which becomes apparent before the expiry of two years after delivery of the goods shall be presumed to have existed at the time of delivery, unless the contrary is proved or the presumption cannot be reconciled with the specific nature of the goods or the nature of the lack of conformity of the goods.
  77. The Seller shall carry out the repair or replacement within a reasonable time from the moment it is informed by the Consumer or the Customer-Consumer of the lack of conformity with the contract and without undue inconvenience for the Consumer or the Customer-Consumer, taking into account the specific nature of the goods and the purpose for which the goods were purchased.
  78. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
  79. The Consumer or Customer-Consumer shall make the goods subject to repair or replacement available to the Seller.
  80. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract.
  81. When assessing whether the costs to the Seller are excessive, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the undue inconvenience to the Consumer or Customer-Consumer caused by the change in the manner of bringing the goods into conformity with the contract.
  82. The Seller shall not be liable for non-compliance of the Goods with the contract if the Seller has expressly informed the Consumer or the Client-Consumer that a particular feature of the Goods deviates from the requirements of conformity with the contract, and the Client-Consumer or the Consumer, at the latest at the time of the conclusion of the contract, has expressly and separately accepted the lack of a particular feature of the Goods, in particular by clicking the appropriate acceptance confirmation box on the Order form or in the form of an e-mail sent to the Seller confirming such acceptance.
  83. If the goods are not in conformity with the contract, the Consumer or Customer-Consumer may make a declaration to reduce the price or withdraw from the contract when:
      1. The seller refused to bring the goods into conformity with the contract due to impossibility or excessive costs,
      2. The seller has failed to bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer,
      3. the lack of conformity of the goods with the contract continues despite the fact that the Seller has tried to bring the goods into conformity with the contract;
      4. the lack of conformity of the goods with the contract is such as to justify either a reduction in price or rescission of the contract without repair or replacement, or it is clear from the trader's statement or the circumstances that he will not bring the goods into conformity within a reasonable time or without undue inconvenience for the consumer. 2.
  84. The Seller shall reimburse the Consumer or the Customer-Consumer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer's statement on price reduction.
  85. The consumer or customer-consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
  86. If the lack of conformity concerns only some of the goods delivered under the contract, the consumer may withdraw from the contract only in respect of those goods and also in respect of other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the goods which are in conformity with the contract.
  87. In the event of withdrawal from the contract, the Consumer or Customer-Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer or the Client-Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
  88. The Seller shall refund the price by using the same method of payment as the Consumer or the Customer-Consumer, unless the latter has expressly agreed to a different method of refund which does not incur any costs to him/her.
  89. Guarantee.
  90. Some Goods may be covered by a warranty provided by a Guarantor (the manufacturer or distributor of the Goods).
  91. If the Goods in question are covered by a guarantee, they are accompanied by a guarantee document from the manufacturer or distributor.
  92. The guarantee period and the extent of the Guarantor's liability are set out in the guarantee statement and the description of the Goods or Product.
  93. The rights granted under the guarantee are independent of the rights arising from the non-conformity of the Goods with the Contract.
  94. Data protection.
  95. The administrator of the personal data provided during the use of the Shop is the Seller.
  96. 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.
  97. 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.izabellamueller.com/polityka_prywatnosci]
  98. Technical requirements necessary to use the Shop and the Products and Services.
  99. In order to use the Shop, 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.
  100. For safe use of the Shop, 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/.DOC/.XLS format
  101. The Buyer is obliged to use the Goods 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 Regulations of the Online Store, as well as not to provide content prohibited by generally applicable laws.
  102. 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.
  103. Registration in the Shop and creation of an Account.
  104. The Buyer, in the course of making an Order, may register with the Shop.
  105. The creation of an Account is voluntary.
  106. An account allows you to view your Order history, save products to your favourites and speed up future Orders by automatically saving the Buyer's details on the Order form.
  107. When registering for an Account, the purchaser provides his/her identification and address details as well as an e-mail address and creates his/her own password.
  108. The buyer is obliged not to disclose the login data to the Shop Account to third parties.
  109. A purchaser who has registered terminates the agreement for electronic provision of services by deleting his/her Account on his/her own by submitting an instruction to delete it or by submitting a request for deletion of the Seller's Account, whereby in the case of submitting a request for deletion of the Seller's Account, the agreement shall be terminated upon the expiry of a notice period of 7 days.
  110. The Seller, wishing to terminate the agreement for the provision of electronic services concerning the Account, shall inform the Buyer at the e-mail address provided by the Buyer during registration, within 14 days prior to the planned date of deletion of the Buyer's Account.
  111. Newsletter
  112. The Buyer can subscribe to the Seller's Newsletter during the execution of the Order, as well as independently of it.
  113. The newsletter consists of the Seller sending marketing information electronically to the e-mail address provided by the Buyer, with the Buyer's prior consent.
  114. In order to effectively subscribe to the Newsletter, the purchaser is obliged to correctly provide the e-mail address to which the information is to be sent and to confirm the subscription.
  115. Confirmation of subscription takes place after subscription. It consists of the Buyer confirming the subscription by logging into the mailbox of the e-mail address provided and clicking on the activation link included in the confirmation message.
  116. The Buyer may withdraw their consent at any time using the unsubscribe option (unsubscribe), which is available in any marketing message sent by the Seller.
  117. The buyer may also contact the Seller directly to withdraw consent to receive the newsletter at any time, without affecting the compatibility of the processing prior to the withdrawal of consent.
  118. The consumer and the customer-consumer are not obliged to provide any services other than the provision of personal data, and this data is processed by the trader solely for the purpose of fulfilling the contract and delivering the newsletter.
  119. Contact form
  120. The Seller allows the Buyer to send an enquiry to the Seller using a dedicated form on the Shop website.
  121. The use of the Form by the Buyer is voluntary.
  122. 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.
  123. 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.
  124. Copyright
  125. Exclusive rights to content made available within the Shop, in particular copyrights to paintings, names, trademarks of the Shop, 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.
  126. It is forbidden to copy or otherwise use any elements of the Shop without the Seller's consent.
  127. In the event of an infringement of copyright in the paintings, names, trademarks of the Store, including the graphic elements thereof, software and database rights, the infringer (including the Buyer) shall be liable under copyright or intellectual property law.
  128. ODR platform.
  129. The Online Dispute Resolution (ODR) platform is an interactive website for Consumers and Sellers wishing to resolve disputes out of court.
  130. The ODR platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
  131. 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.
  132. This is done by filling in an electronic form and finding the right entity to resolve the dispute.
  133. 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).
  134. Final provisions
  135. In matters not regulated by these Rules and Regulations of the Online Store, the relevant generally applicable provisions of Polish law shall apply.
  136. The place of performance is in particular the designated place to which the Seller is contractually obliged to send the Goods to the Buyer.
  137. The consumer 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.
  138. Buyers may access the Online Shop Terms and Conditions free of charge at any time on the Shop website and make a printout.
  139. These Terms and Conditions of the online shop shall enter into force on the day they are published on the Seller's website.
  140. 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.