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Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

These Terms and Conditions have been prepared with a view to protecting your rights and ensuring transparency in the use of the Store.
In particular, they contain information on how to place Orders, available payment methods, the rules for concluding the Contract, as well as the procedure for withdrawal from the Contract and for submitting complaints.

These Terms and Conditions are not intended to limit the rights of a Consumer or a Trader with Consumer Rights arising from mandatory provisions of law applicable within the territory of the Republic of Poland. In the case of Consumers or Traders with Consumer Rights who are residents of other countries, the Seller shall comply with the mandatory provisions of the law of the country of residence of the Consumer or Trader with Consumer Rights, irrespective of the law applicable to the Contract. Any interpretative doubts shall be resolved in favour of the Consumer / Trader with Consumer Rights.

Use of the Store is subject to acceptance of these Terms and Conditions.

I. DEFINITIONS

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

  1. Controller – the controller of personal data within the meaning of the GDPR, i.e. Kinga Miśkiewicz conducting business activity under the name Prisma Digital Atelier Kinga Miśkiewicz, Tax Identification Number (NIP): 7331366649, Niesułków Kolonia 59A, 95-010 Stryków,
  2. DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act),
  3. Order Form – an electronic form available in the Store enabling the placement of an Order, in particular by selecting a Product or Products, providing Customer data and choosing a payment method,
  4. Contact Form – an electronic form available on the Website enabling the submission of a message directly to the Seller,
  5. Customer – a natural person, legal person or organisational unit without legal personality to which legal capacity is granted by law, placing an Order (concluding a Contract) or using the Store,
  6. Consumer – a natural person using the services and functionalities of the Store for purposes not directly related to their business or professional activity, where it follows from the content of the Contract that it is not of a professional nature for that person, in particular in view of the subject matter of their business activity as disclosed in the Central Register and Information on Economic Activity (CEIDG),
  7. Customer Account – an electronically supplied service within the Store providing access to additional Store functionalities; each account is identified by an individual login and secured with a password,
  8. Cart – a Store functionality enabling the Customer to temporarily store selected Products, review and modify them, and prepare an Order before placing it,
  9. Privacy Policy – the Privacy policy available at: www.prismaatelier.com/privacy-policy/,
  10. Product – Digital Content and/or a Digital Service available in the Store for consideration, supplied or provided in electronic form, constituting the subject of the Contract,
  11. Trader – a natural person, legal person or organisational unit without legal personality to which legal capacity is granted by law, conducting business or professional activity in their own name and performing legal acts directly related to such activity,
  12. Trader with Consumer Rights – a natural person concluding a Contract in connection with their business activity, where it follows from the content of the Contract that it is not of a professional nature for that person, having regard in particular to the subject matter of their business activity as disclosed in the Central Register and Information on Economic Activity (CEIDG),Trader with Consumer Rights – a natural person concluding a Contract in connection with their business activity, where it follows from the content of the Contract that it is not of a professional nature for that person, having regard in particular to the subject matter of their business activity as disclosed in the Central Register and Information on Economic Activity (CEIDG),
  13. Terms and Conditions, Terms and Conditions of the Store – these Terms and Conditions available at www.prismaatelier.com/terms-and-conditions/,
  14. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC,
  15. Store – the online store operated by the Seller at the domain [*] and its subpages, enabling the placement of Orders and purchase of Products,
  16. Seller – Kinga Miśkiewicz conducting business activity under the name Prisma Digital Atelier Kinga Miśkiewicz, Tax Identification Number (NIP): 7331366649, Niesułków Kolonia 59A, 95-010 Stryków, being the owner of the Store,
  17. Website – the website available at www.prismaatelier.com and all its subpages,
  18. Digital Content / Content – data produced and supplied in digital form,
  19. Contract – a contract for the supply of Digital Content and/or a Digital Service concluded between the Customer and the Seller via the Store,
  20. Digital Service / Service – a service allowing the Customer to create, process, store or access data in digital form, in particular access to a course platform or an account enabling the use of Digital Content,
  21. Electronic Service – a service provided electronically by the Seller to the Customer via the Store, in accordance with the Act on Provision of Electronic Services of 18 July 2002 (consolidated text: Journal of Laws of 2024, item 1513, as amended),
  22. User – any entity visiting the Website and browsing its resources,
  23. Order – a declaration of intent of the Customer submitted via the Order Form, directly aimed at concluding the Contract.

II. GENERAL INFORMATION

  1. These Terms and Conditions set out the rules for using the Store and the general terms for concluding Contracts concerning Digital Content and Digital Services made available therein.
  2. In particular, these Terms and Conditions specify:
    1) the rules for the operation of the Store available at [*],
    2) the rules for placing Orders
    3) the terms and conditions for the conclusion and performance of Contracts for Digital Content and/or Digital Services.
  3. The owner of the Store is Kinga Miśkiewicz conducting business activity under the name Prisma Digital Atelier Kinga Miśkiewicz.
  4. In all matters related to the Store, the Customer may contact the Seller:
    1) in writing at the Seller’s correspondence address: Niesułków Kolonia 59A, 95-010 Stryków,
    2) by e-mail at: kinga@prismaatelier.com or contact@kingamiskiewicz.com,
    3) via the Contact Form available on the Website,
    4) at the phone number: [*].
  5. Responses to messages are provided from Monday to Friday between 9:00 a.m. and 4:00 p.m.
  6. These Terms and Conditions are provided free of charge prior to the commencement of use of the Store. The Customer should review their content before using the Store and entering into a Contract. The Terms and Conditions are made available in a manner enabling them to be downloaded, stored on a durable medium, or printed for personal use.
  7. Acceptance of these Terms and Conditions is voluntary; however, it is necessary in order to use certain functionalities of the Store, such as placing an Order.
  8. Information available in the Store and in these Terms and Conditions does not constitute an offer within the meaning of the provisions of the Civil Code, but merely an invitation to conclude a contract.

III. TECHNICAL REQUIREMENTS

1. In order to use the Store and place an Order, the User must have a device enabling access to the Internet, equipped with a properly functioning operating system (e.g. Windows, macOS, Android), such as a computer, laptop, or smartphone. 

2. The device should have an up-to-date version of an internet browser supporting HTML5, ensuring proper access to Internet resources, such as Mozilla Firefox, Google Chrome, Safari, Opera, or other compatible browsers supporting cookies.

3. To use the Store and place an Order, it is necessary to have an active e-mail account enabling receipt of messages with attachments, as well as access to software capable of opening electronic files in the formats in which the Content is delivered (e.g. PDF, DOCX, XLSX, MP4). 

4. It is prohibited to submit unlawful content, spam, or any other prohibited materials, including via the Order Form.

5. For security purposes, the Seller applies appropriate technical and organisational measures appropriate to the risks, including in particular:

1) SSL certificate enabling data encryption, 

2) verification mechanisms (e.g. reCAPTCHA), 

3) data processing agreements with external service providers where personal data processing is involved.

6. Use of the Store involves certain risks inherent to the Internet, such as viruses, phishing, spam, or hacking attempts. To minimise these risks, it is recommended to: 

1) install up-to-date antivirus software, 

2) enable a firewall, 

3) regularly update the operating system, browser, and software, 

4) exercise caution when opening attachments and links in e-mail messages.

7. The Seller makes reasonable efforts to ensure that Digital Content and Digital Services are compatible with commonly used devices and software. However, full compatibility with all hardware or software configurations used by the Customer is not guaranteed. 

8. Where Products require access to an account or platform, the Customer is obliged to keep access credentials confidential and not share them with third parties. 

9. The User is obliged to use the Store in a manner consistent with its intended purpose, applicable law, and good practices, and not to infringe the rights or legitimate interests of the Seller or third parties.

IV. PRODUCTS AND THEIR NATURE

1. The Store offers Products in the form of Digital Content and Digital Services. 

2. The Store enables the purchase of the following Products for a fee: 

1) e-books, 

2) social media post templates, 

3) website templates for self-customisation, 

4) online courses, trainings, and other educational materials, 

5) webinars, 

6) individual consultations, 

7) other Digital Content or Digital Services related to the Seller’s activity.

3. Detailed information regarding each Product, including its description, scope, functionality, and any technical requirements, is provided on the page of the respective Product in the Store. 

4. Digital Content is delivered in intangible form, without a physical medium, in particular as downloadable files or materials made available online. 

5. Digital Services consist in particular of providing the Customer with access to specific content, educational platforms, tools, or functionalities available via the Internet, including e.g. online consultations, advisory sessions, webinars, workshops, or other forms of interactive provision of Digital Services. 

6. Digital Content is of an educational, informational, and supportive nature in relation to building a brand and online presence. It does not constitute an individual advisory service or a comprehensive design service tailored to the Client’s specific circumstances. 

7. Access to certain Products may be time-limited or unlimited, as specified in the description of the relevant Product. 

8. Access to certain Products may require additional software or an account in external services (e.g. tools for editing templates). Such requirements are indicated in the Product description. 

9. The Seller exercises due diligence to ensure that the Products comply with their description and function properly; however, full compatibility with all devices and configurations used by the Customer is not guaranteed. 

10. Digital Content is made available in digital form within a maximum of 48 hours from the moment the payment is credited to the Seller’s bank account or from receipt of payment confirmation from the payment provider, unless otherwise stated in the Product description. 

11. The Digital Service shall be performed within the timeframe specified in the Product description or, in the case of services requiring scheduling, within a timeframe agreedindividually with the Customer.

12. Methods of providing the individual Products:

1) E-books – delivered in electronic file format (PDF, ePub, or other format specified for the Product). After placing the Order, the Customer receives a download link to the e-mail address provided in the Order Form. The file may also be available in the Customer Account in the Store. 

2) Social media post templates – provided as downloadable electronic files (e.g. PSD, Canva, or PDF). A download link is sent to the Customer’s e-mail address. The file may also be available in the Customer Account in the Store. 

3) Website templates for self-customisation – provided as electronic files or via external platforms specified for the Product (e.g. WordPress, Webflow). The Customer receives instructions and a link to download or activate the template. 

4) Online courses, trainings, and educational materials – access is provided via the Customer Account in the Store. Creation of a Customer Account in accordance with the instructions provided in the e-mail messages received during the Order process is required. Access is granted after payment has been credited, for the period specified in the Product description. 

5) Webinars (live online trainings) – delivered via platforms indicated for the Product (e.g. Zoom, ClickMeeting or others). Access is provided via a link sent to the Customer’s e-mail address or via the Customer Account, in accordance with the Product description. The Customer receives information about the date and the access link prior to the start of the event. 

6) Individual online consultations – conducted via video conferencing platforms (e.g. Zoom, Google Meet) at a time booked by the Customer as indicated on the Product page. Confirmation of the appointment is sent by e-mail together with the meeting link and instructions. Consultations may also be held at a different time than initially selected during purchase, subject to prior agreement with the Seller on a new date via e-mail. The duration of the consultation is specified in the Product description. 

7) Other Digital Content or Digital Services – the method of delivery is specified in the Product or Service description and may include downloadable files, access to online platforms, licences, or other forms of digital provision.

V. PRICE AND PROMOTIONS

1. The Seller may offer Products: 

1) within pre-sale offers, 

2) with deferred access, 

3) in a model of gradual provision of materials in parts, at specified intervals. 

2. In the case of the Products referred to above, detailed information regarding the access date or the schedule for making the content available is provided in the description of the respective Product. 

3. The prices of the Products presented in the Store are expressed in euro and are gross prices (including VAT). 

4. The Store allows the Customer to select a different payment currency – PLN, USD, or GBP – for the purpose of converting the price into the selected currency. Where a different currency is selected, the price is converted based on the average exchange rate of the National Bank of Poland (NBP) applicable on the date of placing the Order. 

5. Amounts in currencies other than euro resulting from the conversion are provided for informational purposes only and may differ from the final amount charged at the time of payment, depending on the payment method and any bank fees. 

6. Prices, promotions, and discounts may be changed by the Seller. 

7. Changes to prices, promotions, or discounts shall not affect Orders that have been placed and paid for prior to such changes. 

8. In the event of a price reduction, the Seller shall also indicate the lowest price of the Product within the 30 days preceding the introduction of the promotion, or, where the Product has been offered for a shorter period, from the date it was first made available. 

9. The Seller may organise promotions and provide discount codes for selected Products for a limited period of time. Promotions and discounts cannot be combined unless expressly stated otherwise in the terms of a given promotion. Discounts and promotions are proportionally converted into currencies other than euro based on the exchange rate applied in the Store. 

10. The possibility of using a promotion or discount code may depend on the availability of the relevant Product in the Store. 

11. Promotions and discounts do not apply to Orders placed prior to their introduction. 

12. The Seller does not apply mechanisms of individual price personalisation based onautomated decision-making.

VI. PLACING AN ORDER

1. In order to place an Order, the Customer shall select a Product available in the Store andthen add it to the shopping cart by clicking the “Add to cart” button or an equivalent. 

2. After adding the Product to the Cart, the Customer should proceed to the shopping Cart page and follow the instructions displayed on the website. 

3. In order to place an Order and conclude a Contract, it is necessary to provide current andaccurate data in the Order Form, including: 

1) first name and surname (and/or company name), 

2) e-mail address, 

3) address (street name, building/apartment number, postal code, city, country) or registered office address in the case of a Trader or a Trader with Consumer Rights, 

4) telephone number, 

5) VAT identification number (NIP) in the case of a Trader or a Trader with Consumer Rights. 

4. Providing incorrect data may prevent the fulfilment of the Order. It is not possible to placean Order anonymously. 

5. After completing the Cart and filling in the Order Form, an Order summary is displayed, including information on the Products, their quantity, price, and the selected payment method. 

6. The Order summary also displays the payment currency selected by the Customer and the price in that currency, converted according to the average exchange rate of the National Bank of Poland (NBP) applicable on the date of placing the Order. This amount is final for the Order, unless a change in the exchange rate occurs during payment processing by the payment provider. 

7. The submission of statements by ticking the appropriate checkboxes is voluntary but necessary to conclude the Contract, in particular: 

1) confirmation of having read and accepted the Terms and Conditions, 

2) confirmation of having read the Privacy Policy, 

3) in the case of Digital Content – consent to its delivery before the expiry of the withdrawal period and acknowledgement of the loss of the right of withdrawal, 

4) in the case of a Digital Service – request to commence performance before the expiry of the withdrawal period and acknowledgement of the loss of the right of withdrawal with respect to the performed Service. 

8. Placing an Order is effected by clicking the “Order with obligation to pay” button or another button with equivalent wording, which constitutes a declaration of intent by the Customer to conclude a Contract in accordance with the Terms and Conditions. 

9. Until the button referred to in section 8 above is clicked, the Customer has the possibility to review the Order, make changes, and add a discount code. 

10. After placing the Order, the Customer is redirected to select a payment method and makes the payment in advance. 

11. Upon successful payment, the Seller sends a confirmation of the Order to the e-mail address provided by the Customer when placing the Order. 

12. The Contract is concluded at the moment the Customer receives the e-mail referred to in section 11 above. 

13. The Seller reserves the right to refuse to fulfil an Order in the following cases: 

1) provision of incorrect or incomplete data, 

2) failure to receive payment within 3 days from the date of placing the Order. 

14. The Seller shall not be liable for the consequences of the Customer providing incorrect data, in particular an incorrect e-mail address. 

15. The Customer may place Orders in the Store 24 hours a day, 7 days a week, subject to technical interruptions or other circumstances beyond the Seller’s control that may temporarily prevent access to the Store.

VII. PAYMENTS

1. Payment for the Order is made in advance. 

2. The Seller enables payment in the form of electronic payments via external payment providers, in particular: 

1) PayU S.A., 

2) PayPro S.A. (operator of the Przelewy24 system),

– within which the following payment methods may be available, among others:

a) electronic bank transfers,

b) BLIK,

c) payment cards,

d) Apple Pay,

e) Google Pay,

f) instalment payments (if available for a given Product). 

3. In order to make a payment, the Customer is redirected to the website of the selected payment provider. The Seller shall not be liable for the operation of the payment providers’ services or for any failures on their part. The terms of payment are governed by the regulations of these entities: 

1) PayU S.A. – https://poland.payu.com/,

2) PayPro S.A. – https://www.przelewy24.pl/, 

3) Stripe Payments Europe, Limited – https://stripe.com/en-pl. 

4. The amount charged during payment in currencies other than euro is converted based on the average exchange rate of the National Bank of Poland (NBP) applicable on the date of placing the Order. Amounts indicated in currencies other than euro are for informational purposes only and may slightly differ from the final amount charged by the payment provider depending on its conversion mechanisms or bank fees. 

5. After payment is made, the Seller issues a sales document (invoice or receipt). 

6. In the case of a Customer who is a Consumer, acceptance of these Terms and Conditions is equivalent to consent to receive sales documents in electronic form at the e-mail address provided in the Order Form. 

7. In the case of a Customer who is not a Consumer, sales documents will be issued as structured invoices via the National e-Invoicing System (KSeF) and made available within that system in accordance with applicable law. 

8. In the case of a Customer located outside the territory of Poland, sales documents will be issued in the form of an electronic invoice and made available to the Customer via e-mail to the address provided in the Order Form. By placing an Order, the Customer consents to receiving sales documents in this form. 

9. In the event that a refund is required (e.g. due to withdrawal from the Contract or acceptance of a complaint and the Seller’s decision to refund), the relevant amount shall be returned to the Customer’s bank account from which the payment was made.

VIII. PROVISION OF ELECTRONIC SERVICES

1. General information:

1) The Seller provides Electronic Services to Users via the Store.

2) Electronic Services available in the Store free of charge include in particular:

a) use of the Customer Account and its functionalities,

b) placing Orders via the Order Form,

c) use of the Cart,

d) contacting the Seller via the Contact Form.

3) Complaints related to the provision of Electronic Services or the operation of the Store may be submitted electronically or in writing to the Seller’s contact details indicated in Section II of these Terms and Conditions.

4) A complaint should include a brief description of the issue, the date of its occurrence, the request, and contact details. This will facilitate efficient handling of the complaint.

5) The Seller shall consider the complaint without undue delay, no later than within 14days from the date of its receipt.

2. Types and scope of Electronic Services and conditions for concluding and terminatingagreements for the provision of Electronic Services:

1) Customer Account:

a) enables saving data necessary for placing Orders, access to Order history, and facilitates use of the Store,

b) creation of a Customer Account requires providing the data indicated in the registration form (name, surname, e-mail address) and setting a password,

c) the agreement for the provision of the Customer Account service is concluded upon sending confirmation of the Account creation to the e-mail address and is concluded for an indefinite period and free of charge,

d) a Customer Account is not required to place Orders, except for Products for which access is provided exclusively via a Customer Account (in particular online courses and training), in which case creating an Account is necessary,

e) the Customer may terminate the agreement for the provision of the Customer Account service at any time by sending an e-mail to the Seller at: kinga@prismaatelier.com or contact@kingamiskiewicz.com. The Customer may also request deletion of the Account, and the Seller shall delete it within 14 days of receiving such request.

2) Order Form:

a) enables placing an Order and concluding a Contract,

b) use of the Order Form begins when the first Product is added to the Cart and ends when the Order is placed or the process is abandoned,

c) the Order Form service is voluntary, one-off, and provided free of charge, and the agreement for its provision is concluded when the Customer starts completing theform and ends when the Order is placed or abandoned.

3) Cart:

a) enables adding Products and Services to an Order, modifying them, and viewing the Order summary,

b) the contents of the Cart are stored temporarily, for the duration of using the Store or until they are deleted,

c) the Cart service is voluntary, one-off, and provided free of charge,

d) the Cart service ends when the Order is placed, the Products or Services areremoved from the Cart, or the browser session ends.

4) Contact Form:

a) enables sending a message to the Seller,

b) use of the Contact Form service begins when data is entered into the form and ends when the form is submitted or the process is abandoned,

c) the Contact Form service is voluntary, one-off, and provided free of charge.

IX. PROVISIONS APPLICABLE TO NON-CONSUMER CUSTOMERS

1. The provisions of this section apply exclusively to Customers who are Traders, excluding Traders with consumer rights. 

2. Pursuant to Article 558 § 1 of the Polish Civil Code, the Seller’s liability under statutory warranty (rękojmia) for Content and/or Digital Services is excluded with respect to Customers who are Entrepreneurs. 

3. The Seller’s liability towards a Customer who is a Trader, regardless of its legal basis, shall be limited to the amount of the price paid for the Content and/or Digital Service. The Seller shall be liable only for actual damages that were foreseeable at the time of concluding the Contract. Liability for loss of profits is excluded. 

4. The Seller may withdraw from a Contract concluded with a Customer who is an Traderwithin 14 days from the date of its conclusion, without stating any reason. Withdrawal shall be effected by submitting a declaration in electronic form to the Customer’s e-mail address. 

5. The Seller shall have the right to terminate the agreement for the provision of Electronic Services with a Customer who is a Trader with immediate effect and without stating any reason. 

6. In the case of Customers who are Traders, the Seller may determine individual payment terms, including requiring full or partial prepayment. 

7. Any disputes arising between the Seller and a Customer who is a Trader shall be settled by the court having jurisdiction over the Seller’s registered office.

X. OUT-OF-COURT DISPUTE RESOLUTION

1. The Seller agrees to resolve any disputes arising in connection with Contracts concluded under these Terms and Conditions amicably, in particular through mediation proceedings.

2. The Consumer has the right to use out-of-court procedures for handling complaints and pursuing claims arising from the Contract.

3. In particular, the Consumer may apply to:

1) the regional inspector of the Trade Inspection (Inspekcja Handlowa) with a request to initiate mediation proceedings,

2) a permanent consumer arbitration court with a request to resolve the dispute,

3) a district (municipal) consumer ombudsman or a consumer protection organisation for assistance.

4. Detailed information on out-of-court dispute resolution methods is available on the website of the Office of Competition and Consumer Protection (UOKiK): https://polubowne.uokik.gov.pl/.

XI. RIGHT OF WITHDRAWAL

1. A Customer who is a Consumer or a Trader with Consumer Rights shall have the right to withdraw from a distance Contract within 14 calendar days from the date of its conclusion, without giving any reason.

2. The right of withdrawal shall not apply in the following cases:

1) in respect of Digital Content, including e-books, templates, online courses and other Digital Content not supplied on a tangible medium, where the Customer who is a Consumer or a Trader with Consumer Rights has given prior consent to the performance of the Contract and delivery of the Digital Content before the expiry of the withdrawal period and has been informed of, and acknowledged, the loss of the right of withdrawal upon giving such consent;

2) in respect of Digital Services, including individual online consultations:

a) where the service has been fully performed before the expiry of the withdrawal period, provided that performance began upon the express request of the Customer who is a Consumer or a Trader with Consumer Rights before the expiry of the withdrawal period, after having been informed of and acknowledging the loss of the right of withdrawal;

b) where the Customer withdraws from the Contract after having requested the commencement of performance before the expiry of the withdrawal period – the Customer shall be obliged to pay for the services provided up to the moment of withdrawal, in proportion to the extent of performance; the amount payable shall be calculated proportionally based on the agreed price or remuneration under the Contract;

3) in other cases specified in Article 38 of the Polish Consumer Rights Act.

3. In order to exercise the right of withdrawal, a statement must be submitted using one of the following methods:

1) by e-mail to: kinga@prismaatelier.com or contact@kingamiskiewicz.com,

2) by post to Seller’s correspondence address: Niesułków Kolonia 59A, 95-010 Stryków.

4. A model withdrawal form is set out in Annex No. 2 to the Consumer Rights Act and is available here.

5. The statement of withdrawal may also be submitted using the form made available by the Seller on the Website here; however, this is not mandatory.

6. To meet the withdrawal deadline, it is sufficient to send information concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

7. In the event of an effective withdrawal from the Contract, the Seller shall reimburse all payments received from the Customer using the same means of payment as used by the Customer, unless the parties agree otherwise, without any additional costs for the Customer. The reimbursement shall be made without undue delay, and in any event not later than within 14 days from the receipt of the withdrawal statement.

XII. COMPLAINTS AND SELLER’S LIABILITY

1. The Seller shall be liable to a Customer who is a Consumer or a Trader with Consumer Rights for any lack of conformity of the Product with the Contract which existed at the time of delivery and became apparent within two years from that time.

2. In the event of a lack of conformity of the Product with the Contract, the Consumer or the Trader with Consumer Eights may request that the Product be brought into conformity with the Contract.

3. The Seller may refuse to bring the Product into conformity with the Contract if this is impossible or would require excessive costs.

4. The Seller shall bring the Product into conformity with the Contract within a reasonable time from the moment of being informed of the lack of conformity and without undue inconvenience to the Consumer or the Trader with Consumer Rights.

5. The Consumer or the Trader with Consumer Rights may submit a statement on a price reduction or withdrawal from the Contract if:

1) the Seller has refused to bring the Product into conformity with the Contract on the grounds that it is impossible or would require excessive costs;

2) the Seller has failed to bring the Product into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or the Trader with consumer rights;

3) the lack of conformity persists despite the Seller’s attempts to remedy it;

4) the lack of conformity is so significant that it justifies a price reduction or withdrawal from the Contract without first requesting conformity;

5) it is evident from the Seller’s statement or the circumstances that the Seller will not bring the Product into conformity with the Contract within a reasonable time or without undue inconvenience to the Customer.

6. The Consumer or the Trader with Consumer Rights may not withdraw from the Contract if the lack of conformity of the Product with the Contract is minor.

7. The Consumer or the Trader with Consumer Rights may submit a complaint, including a description of the defect or lack of conformity of the Product with the Contract, in any form:

1) by e-mail to: kinga@prismaatelier.com or contact@kingamiskiewicz.com,

2) by post to Seller’s correspondence address: Niesułków Kolonia 59A, 95-010 Stryków.

8. A complaint should include:

1) identification details (name and surname or business name),

2) contact details (e-mail address or telephone number),

3) a description of the problem and the date of its occurrence,

4) the request related to the complaint.

9. A complaint may also be submitted using the form made available by the Seller on the Website here; however, this is not mandatory.

10. If the complaint does not contain the information necessary for its consideration, the Seller may request that it be supplemented.

11. The Consumer or the Trader with Consumer Rights shall cooperate with the Seller to a reasonable extent, in particular by providing information necessary to determine the cause of the lack of conformity, including information regarding the hardware, software or manner of using the Product.

12. The Seller shall consider the complaint without undue delay, and in any event no later than within 14 days from the date of its receipt.

13. The Seller shall not be liable for any lack of conformity of the Product resulting from the Customer’s failure to meet the technical requirements necessary for using the Product, of which the Customer was informed prior to the conclusion of the Contract.

14. The Seller shall not be liable for the inability to deliver or the improper functioning of the Product resulting from reasons attributable to the Customer, in particular such as:

1) providing an incorrect e-mail address,

2) issues with receiving electronic messages, including blocking by mail servers or the Customer’s software,

3) lack of access to the Internet or malfunction of the Customer’s end device.

XIII. USER-GENERATED CONTENT AND MODERATION

1. The Seller enables Users to publish content within the Store and on social media profiles as part of the hosting service (within the meaning of the Digital Services Act – DSA), including comments, reviews, ratings, posts and messages.

2. Content posted by Users must comply with these Terms and Conditions, applicable law, and principles of social coexistence.

3. User-generated content must not:

1) infringe the rights of third parties, including personal rights or copyright;

2) be offensive, vulgar, discriminatory, or incite hatred, violence or self-harm;

3) contain misleading information, false statements, or promote unlawful activities;

4) contain spam, advertisements, links or materials unrelated to the subject matter of the Store;

5) include pornographic content or content of a sexual nature, or content that is chauvinistic, misogynistic, racist or totalitarian in character;

6) include personal data or likenesses of third parties without their consent, or impersonate other persons;

7) violate generally accepted principles of good conduct and respect towards other Users.

4. The Seller has the right to moderate content that violates these Terms and Conditions or applicable law, including by temporarily or permanently hiding, removing, restricting visibility, or refusing publication, in a manner proportionate and appropriate to the violation.

5. Where the Seller has access to contact details of the User, the Seller shall inform the User of any moderation decision regarding content submitted by them, together with the reasons for such decision.

6. Users may report illegal content or content not complying with these Terms and Conditionsto: kinga@prismaatelier.com or contact@kingamiskiewicz.com.

7. A report shall include:

1) the reasons for the report,

2) the location of the content (URL),

3) contact details of the reporting party.

8. The Seller shall acknowledge receipt of the report and inform the reporting party of the decision within 14 days of receipt, using the provided e-mail address or other durable communication channel.

9. Decisions are taken in an objective, proportionate manner and with due diligence. The Seller does not use automated decision-making or profiling in this process.

10. The User may terminate the use of the hosting service by:

1) deleting their account or leaving a social media group,

2) deleting their own content,

3) contacting the Seller to request deletion of content or account.

11. The User has the right to appeal the decision within 14 days of receiving its justification. The appeal must include a detailed justification. The Seller shall review the appeal within 14 days. The decision following the appeal shall be final.

12. Detailed rules regarding the publication and verification of reviews in the Store are set out in a separate Review Policy available at: [*].

XIV. CONTACT POINT

1. Pursuant to the provisions of the DSA the Seller has designated a single point of contact which may be used for direct communication with Member State authorities, the European Commission, the European Board for Digital Services, as well as Users of the Website and the Store. The contact point is available at the following e-mail address: kinga@prismaatelier.com or contact@kingamiskiewicz.com. 

2. Communication may be conducted in Polish or English. 

XV. REVIEWS

1. Reviews concerning the Products and Services offered by the Seller are published in the Store.

2. Reviews presented in the Store, on the Website, as well as in the Seller’s communication channels (including social media indicated in the Privacy Policy), constitute genuine opinions originating from Customers of the Store or from persons who have actually used the Seller’s Products or Services.

3. The Seller takes measures to verify whether reviews originate from Customers who have actually purchased or used the Products, in particular by linking a review to a completed Order or by contacting the Customer.

4. Detailed rules regarding the publication, verification, and presentation of reviews are set out in the Review Policy.

XVI. INTELLECTUAL PROPERTY

1. All materials, Digital Content, Services, images, texts, and graphic elements made available on the Website and in the Store, including those published in the blog section, are protected by law and constitute the intellectual property of the Seller or of third parties where such materials are used by the Seller under appropriate authorisation. By accepting these Terms and Conditions, the User acknowledges and accepts this protection. The Seller does not grant any consent to the redistribution, making available to third parties, or sale of such materials in any form.

2. The Customer may use the purchased Products and/or Services solely after the conclusion of the Agreement and exclusively for personal use, in accordance with applicable law. To this extent, the Seller grants the Customer a non-exclusive, non-transferable licence, without the right to grant sublicences. The scope of permitted modifications shall be determined by the description of the relevant Product.

3. Intellectual property rights are protected under applicable law.

XVII. PERSONAL DATA AND COOKIES

1. The Controller of personal data is Kinga Miśkiewicz, conducting business activity under the name Prisma Digital Atelier Kinga Miśkiewicz.

2. The Controller may be contacted via:

1) postal correspondence address: Niesułków Kolonia 59A, 95-010 Stryków,

2) e-mail address: kinga@prismaatelier.com or contact@kingamiskiewicz.com,

3) contact form available on the Website,

4) telephone number: [*].

3. Personal data are processed in accordance with the GDPR and the applicable Polishpersonal data protection legislation.

4. Detailed rules concerning data processing, data subjects’ rights, categories of recipients of personal data, as well as the use of cookies and other technologies are set out in the Privacy Policy.

XVIII. AMENDMENTS TO THE TERMS AND CONDITIONS

1. The Seller is entitled to amend these Terms and Conditions for important reasons, in particular in the event of:

1) changes in applicable law or changes in its interpretation resulting from judgments, decisions, or recommendations of competent authorities,

2) technical or technological changes affecting the manner in which services are provided,

3) changes in the scope of services, including the introduction of new services, or the modification or withdrawal of existing ones.

2. The Seller shall inform Users of any amendment to the Terms and Conditions by publishing the updated version on the Website and by sending information to the e-mail address provided by the User.

3. Amendments to the Terms and Conditions shall enter into force 14 days after the date on which the information about the amendment is sent.

4. In the case of Customers holding a Customer Account who have concluded an agreement for the provision of services, they shall have the right to terminate the agreement within 14 days from the date of being notified of the amendment to the Terms and Conditions.

5. Agreements concluded prior to the entry into force of the amendments shall be governed by the version of the Terms and Conditions applicable on the date the Agreement was concluded.

XIX. FINAL PROVISIONS

1. The Agreement is concluded in the Polish language. The law applicable to the Agreement shall be the law of the Republic of Poland.

2. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, including the Act on the Provision of Electronic Services, the Civil Code, and provisions on personal data protection, including the GDPR.

3. These Terms and Conditions are not intended to limit the rights of Consumers or Traders with Consumer Rights arising from mandatory provisions of law applicable within the territory of the Republic of Poland. If any provision of these Terms and Conditions is found to be inconsistent with applicable law, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the relevant provisions of law shall apply.

4. In the case of Consumers or Traders with Consumer Rights residing in countries other than Poland, the Seller undertakes to comply with mandatory consumer protection provisions of the country of the Consumer’s or Trader with Consumer Rights’ habitual residence. In the event of any dispute, the provisions of that country’s law shall apply to the extent that they grant the Consumer or Trader with Consumer Rights a higher level of protection than Polish law.

5. In disputes arising from Agreements concluded with Consumers or Traders with Consumer Rights, the competent court shall be determined in accordance with the applicable provisions of the Polish Code of Civil Procedure.

6. In disputes arising from Agreements concluded with Entrepreneurs (not being Consumers), the court competent to resolve such disputes shall be the court having jurisdiction over the Seller’s registered office.

7. These Terms and Conditions shall enter into force on the date of publication on the Website: www.prismaatelier.com/terms-and-conditions.