Terms and Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE ETHNE.EU
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES PROVIDED VIA THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND TIME LIMITS FOR PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TIME LIMITS FOR DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND SEEKING REDRESS AND RULES OF ACCESS TO SUCH PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. RULES FOR USING THE PRODUCT – DIGITAL CONTENT & SERVICES
11. PRODUCT REVIEWS
12. ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS & CONDITIONS
13. FINAL PROVISIONS
14. MODEL WITHDRAWAL FORM
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.ethne.eu is run by ETHNE spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office at ul. Hoża 86/410, 00-682 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under KRS No. 0000971781, VAT No.: PL7011087899, REGON: 522029577, e-mail: contact@ethne.eu , telephone: +48 22 100 60 88.
1.2. These Terms & Conditions are addressed to both Consumers and Entrepreneurs using the Online Store, unless a given provision expressly provides otherwise.
1.3. The controller of personal data processed in the Online Store in connection with the implementation of these Terms & Conditions is the Seller. Personal data are processed for the purposes, for the period and on the bases and principles indicated in the privacy policy published on the Online Store’s website. The privacy policy contains, in particular, the rules concerning the processing of personal data by the Controller in the Online Store, including the bases, purposes and period of processing personal data and the rights of data subjects as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by a User using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, 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) (OJ L 277, 27.10.2022, p. 1–102).
1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.3. REGISTRATION FORM – an electronic form available in the Online Store enabling the creation of an Account.
1.4.4. ORDER FORM – an Electronic Service; an interactive form available in the Online Store enabling placement of an Order, in particular by adding Products to an electronic basket and defining the terms of the Sales Contract, including delivery method and payment.
1.4.5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality that has been granted legal capacity by statute – who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.6. CIVIL CODE – Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.7. ACCOUNT – an Electronic Service; a set of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service User, in which the Service User’s data and information on Orders placed by them in the Online Store are collected.
1.4.8. NEWSLETTER – an Electronic Service; an electronic distribution service provided by the Service Provider via e-mail, enabling all Service Users who use it to automatically receive successive editions of a newsletter containing information about Products, novelties and promotions in the Online Store.
1.4.9. ILLEGAL CONTENT – information that, in itself or through reference to an act, including the sale of Products or the provision of Electronic Services, is not compliant with European Union law or the law of any Member State that is in conformity with European Union law, irrespective of the subject matter or nature of that law.
1.4.10. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. containing or connected with digital content or a digital service in such a way that the absence of the digital content or service would prevent its proper functioning); (2) digital content; (3) a service (including a digital service and a non-digital service); or (4) a right – that is the subject of the Sales Contract between the Customer and the Seller.
1.4.11. TERMS & CONDITIONS – these terms & conditions of the Online Store.
1.4.12. ONLINE STORE – the Service Provider’s online store available at: www.ethne.eu.
1.4.13. SELLER; SERVICE PROVIDER – ETHNE spółka z ograniczoną odpowiedzialnością, entered in the National Court Register under KRS No. 0000971781, with its business address and service address at ul. Hoża 86/410, 00-682 Warsaw, Poland, VAT No.: PL7011087899, REGON: 522029577, e-mail: contact@ethne.eu , telephone: +48 22 100 60 88.
1.4.14. SALES CONTRACT – (1) a contract of sale for a Product (in the case of movable items, including movable items with digital elements), (2) a contract for the supply of a Product (in the case of digital content or a digital service), or (3) a contract for the provision or use of a Product (in the case of a non-digital service or other Products) concluded or entered into between the Customer and the Seller via the Online Store.
1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store which is not a Product.
1.4.16. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality that has been granted legal capacity by statute – who uses or intends to use an Electronic Service.
1.4.17. CONSUMER RIGHTS ACT – Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
1.4.18. ORDER – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Contract for the Product with the Seller.
2. ELECTRONIC SERVICES PROVIDED VIA THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account – use of the Account is possible after the Service User performs three consecutive steps: (1) completes the Registration Form, (2) clicks the “Create account” field, and (3) confirms the desire to create the Account via the confirmation link automatically sent to the provided e-mail address. The Registration Form requires the Service User to provide the following data: first and last name / company name, address (street, house/apartment number, postcode, city, country), email address, telephone number and password. In the case of Customers who are not Consumers, it is also necessary to provide the company name and VAT number.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service User may at any time and without stating reasons delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: contact@ethne.eu or in writing to the address: ul. Hoża 86/410, 00-682 Warsaw, Poland.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placement of an Order occurs after the Customer performs two consecutive steps: (1) after completing the Order Form and (2) clicking the “Confirm purchase” field on the Store’s website – until that moment it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the website). The Order Form requires the Customer to provide the following data concerning the Customer: first and last name / company name, address (street, house/apartment number, postcode, city, country), e-mail address, telephone number and data concerning the Sales Contract: Product(s), quantity, place and method of delivery of the Product(s), payment method. In the case of Customers who are not Consumers, it is also necessary to provide the company name and VAT number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-off nature and terminates upon placement of an Order via it or upon earlier termination of the Order placement by the Service User.
2.1.3. Newsletter – the use of the Newsletter takes place after entering an e-mail address in the “Newsletter” field visible on the Online Store’s website to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. Subscription to the Newsletter can also be made by selecting the appropriate checkbox when creating an Account – upon creation of the Account the Service User is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User may at any time and without stating reasons unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: contact@ethne.eu or in writing to the address: ul. Hoża 86/410, 00-682 Warsaw, Poland.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an up-to-date web browser such as Mozilla Firefox, Microsoft Edge, Opera, Google Chrome or Safari; (4) minimum recommended screen resolution: 1024×768; (5) enabling the storage of Cookies and JavaScript support in the web browser.
2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and good customs, while respecting personal rights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data consistent with the facts. The Service User is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaint procedure for Electronic Services is indicated in Section 6 of the Terms & Conditions.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. A Sales Contract between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in accordance with Section 2.1.2 of the Terms & Conditions.
3.2. The price of the Product shown on the Online Store’s website is quoted in euros (EUR) and includes taxes. The Customer is informed of the total price including taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services fees) and any other costs, and when the amount of such fees cannot be determined – about the obligation to pay them, on the Online Store’s pages during the Order placement process, including at the moment of expressing the intention to be bound by the Sales Contract by the Customer.
3.3. The procedure for concluding a Sales Contract in the Online Store by means of the Order Form.
3.3.1. The conclusion of a Sales Contract between the Customer and the Seller occurs after the Customer places an Order using the Order Form in accordance with Section 2.1.2 of the Terms & Conditions.
3.3.2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the Order placement process, which contains at least the Seller’s declarations of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Contract. Upon receipt by the Customer of the above e-mail, a Sales Contract between the Customer and the Seller is concluded.
3.4. Consolidation, security and provision of the content of the concluded Sales Contract to the Customer is effected by (1) making these Terms & Conditions available on the Online Store’s website and (2) sending the Customer the e-mail message referred to in Section 3.3.2. The content of the Sales Contract is additionally recorded and secured in the Seller’s ICT system.
4. METHODS AND TIME LIMITS FOR PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Contract:
4.1.1. Electronic payments handled by Shopify Payments (Card payments: Visa, Mastercard, Maestro), Apple Pay, Google Pay, BLIK, Klarna, Shop Pay, UnionPay.
4.1.1.1. Entity processing and clearing payments: Stripe Technology Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin 2, D01 C4E0, Ireland. Registration number: 599050; Central Bank of Ireland licence number: C187865.
4.1.2. Electronic payments handled by Przelewy24 (PayPro S.A.) – Card payments (Visa, Mastercard, Maestro), instant transfers, Apple Pay, Google Pay, BLIK.
4.1.2.1. Entity processing and clearing payments: PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, Poland, VAT no.: 7792369887, REGON: 301345068; Entry/permit number (Polish Financial Supervision Authority): IP24/2014.
4.1.3. Electronic payments handled by PayPal.
4.1.3.1. Entity processing and clearing payments: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, R.C.S. Luxembourg B 118 349; Authorisation number: B00000351, Commission de Surveillance du Secteur Financier (CSSF), Luxembourg.
4.1.4. Payment by bank transfer to the Seller’s bank account (upon prior arrangement).
4.1.5. Payment on delivery upon receipt of the shipment.
4.2. Time limit for payment:
4.2.1. The Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Contract.
5. COST, METHODS AND TIME LIMITS FOR DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available within the territory of the European Union.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Contract provides otherwise. Delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s pages during the Order placement process, including at the moment of expressing the intention to be bound by the Sales Contract by the Customer.
5.3. Personal collection of the Product by the Customer is free of charge (available only upon prior arrangement).
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Delivery to an InPost Parcel Locker or ParcelPoint (or a similar service available in Poland).
5.4.2. Courier shipment (domestic – Poland – or international within the EU).
5.5. The time limit for delivery of the Product to the Customer is up to 15 Business Days, unless a shorter period is specified in the Product description or during the Order placement process. In the case of Products with different delivery times, the delivery time is the longest period indicated, which, however, cannot exceed 15 Business Days.
5.5.1. In the case of payment by bank transfer, electronic payment or payment card, the delivery period starts from the date the Seller’s bank account or settlement account is credited.
6. COMPLAINT HANDLING PROCEDURE
6.1. This Section 6 of the Terms & Conditions sets out the complaint procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be submitted, for example:
6.2.1. in writing to the address: ul. Hoża 86/410, 00-682 Warsaw, Poland;
6.2.2. in electronic form via e-mail to the address: contact@ethne.eu .
6.3. Sending or returning the Product as part of a complaint should take place to the address: ul. Paderewskiego 44, 05-520 Konstancin-Jeziorna, Poland.
6.4. It is recommended that the Customer provide in the complaint description: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of the irregularity or non-conformity with the contract; (2) a request to bring the Product into conformity with the contract or a declaration of price reduction or withdrawal from the contract, or other claim; and (3) the contact details of the complainant – this will facilitate and accelerate consideration of the complaint. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted otherwise.
6.5. If the contact details provided by the complainant change during the complaint consideration, the complainant is obliged to inform the Seller thereof.
6.6. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the Customer to provide additional information or send evidence (e.g. the Product) if it will facilitate and expedite consideration of the complaint by the Seller.
6.7. The Seller will address the complaint immediately, no later than within 14 calendar days of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are specified by universally binding provisions of law, in particular in the Civil Code, the Consumer Rights Act, and the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No 144, item 1204, as amended). Below additional information is indicated concerning the liability of the Seller for the conformity of the Product with the Sales Agreement provided for by law:
6.8.1. In the case of complaints regarding a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller up to 31 December 2022 inclusive, the provisions of the Civil Code in the wording valid up to 31 December 2022 inclusive shall apply, in particular Articles 556–576 of the Civil Code. These provisions in particular specify the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (statutory warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for a Product purchased as described in the preceding sentence in relation to a Customer who is not a consumer is excluded.
6.8.2. In the case of complaints regarding a Product – a movable item (including a movable item with digital elements), excluding however a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in the wording valid from 1 January 2023 shall apply, in particular Articles 43a–43g of the Consumer Rights Act. These provisions in particular specify the basis and scope of the Seller’s liability towards the consumer in the event of lack of conformity of the Product with the Sales Agreement.
6.8.3. In the case of complaints regarding a Product – digital content or a digital service or a movable item that serves solely as a carrier of digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1 January 2023 or before that date if the delivery of such Product was to take place or took place after that date, the provisions of the Consumer Rights Act in the wording valid from 1 January 2023 shall apply, in particular Articles 43h–43q of the Consumer Rights Act. These provisions in particular specify the basis and scope of the Seller’s liability towards the consumer in the event of lack of conformity of the Product with the Sales Agreement.
6.9. In addition to statutory liability, a guarantee may be granted for the Product – this is contractual (additional) liability and can be used when the given Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions concerning liability under the guarantee, including also data of the entity responsible for performing the guarantee and of the entity entitled to use it, are available in the description of the guarantee, e.g. in the guarantee card or in another place concerning the granting of the guarantee. The Seller indicates that in the event of lack of conformity of the Product with the agreement the Customer is by law entitled to remedies from and at the expense of the Seller and that the guarantee does not affect those legal remedies.
6.10. The provisions contained in clauses 6.8.2. and 6.8.3. of the Terms and Conditions concerning a consumer shall also apply to a Customer who is a natural person concluding a contract directly connected with his or her business activity, where it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person as made available pursuant to the provisions on the Central Registration and Information on Economic Activity.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Out-of-court dispute-resolution methods include, among others, (1) enabling the rapprochement of the parties’ positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g. within arbitration (an arbitral court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures, and a user-friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: (in Polish).
7.2. A contact point operates at the President of the Office of Competition and Consumer Protection, whose task includes providing consumers with information on out-of-court consumer dispute resolution. A consumer can contact the contact point: (1) by telephone – by calling +48 22 55 60 332 or +48 22 55 60 333; (2) by e-mail – by sending a message to kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Head Office of the Office at Plac Powstańców Warszawy 1, Warsaw (00-030).
7.3. The consumer has the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers’ Association). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (helpline open on Business Days, 8:00-18:00, call charge according to the operator’s tariff).
7.4. [Important – The possibility of filing complaints via the ODR platform expires on 20 March 2025, and the platform itself will be discontinued on 20 July 2025.] At there is an online platform for resolving disputes between consumers and traders at EU level (the ODR platform). The ODR platform is an interactive and multilingual website providing a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the platform itself or on the website of the Office of Competition and Consumer Protection: ).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in pt. 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Hoża 86/410, 00-682 Warsaw, Poland;
8.1.2. in electronic form via e-mail to the address: contact@ethne.eu.
8.2. The return of the Product – movable items (including movable items with digital elements) – under withdrawal from the contract should be made to the address: ul. Paderewskiego 44, 05-520 Konstancin-Jeziorna, Poland.
8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in pt. 14 of the Terms and Conditions. The consumer may use the sample form, but it is not obligatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller hands over the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) includes multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a fixed period – from taking possession of the first of the Products;
8.4.2. for other contracts – from the day of concluding the contract.
8.5. In the event of withdrawal from a distance contract, the contract is deemed not concluded.
8.6. Products – movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to refund to the consumer immediately, no later than within 14 calendar days from the day of receiving the consumer’s statement of withdrawal from the contract, all payments made by the consumer, including the costs of delivery of the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not entail any costs for him. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund until he has received the Product back or the consumer has supplied evidence of having sent back the Product, whichever occurs earlier.
8.6.2. In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, no later than within 14 calendar days from the day on which he/she withdrew from the contract, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send back the Product before the deadline expires.
8.6.3. The consumer is liable for any diminished value of the Product – a movable item (including a movable item with digital elements) – resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products – digital content or digital services:
8.7.1. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the Seller, from the day of receiving the consumer’s statement of withdrawal from the contract, may not use content other than personal data provided or created by the consumer when using the Product – digital content or digital service – supplied by the Seller, except for content which: (1) is useful only in connection with the digital content or digital service which was the subject of the contract; (2) relates only to the consumer’s activity when using the digital content or digital service supplied by the Seller; (3) has been combined by the trader with other data and cannot be separated from them or can be separated only with disproportionate efforts; (4) has been created by the consumer together with other consumers who can still use it. Except for the cases referred to above in pts (1)–(3), the Seller shall, at the consumer’s request, make available to him content other than personal data which was provided or created by the consumer when using the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer’s rights referred to in the preceding sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service – the consumer is obliged to refrain from using that digital content or digital service and making it available to third parties.
8.8. Possible costs related to withdrawal by the consumer from the contract, which the consumer is obliged to bear:
8.8.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product – a service, the performance of which – at the consumer’s explicit request – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the performance started that after the performance by the Seller he would lose the right of withdrawal and acknowledged it; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to satisfy his individualised needs; (4) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – liable to deteriorate rapidly or having a short period of usefulness; (5) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package which, once opened, cannot be returned for health protection or hygiene reasons if the package has been opened after delivery; (6) in which the subject of the performance is Products – movable items (including movable items with digital elements) – which, after delivery, due to their nature, become inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and the delivery of which can only take place after 30 days, and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to carry out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products – movable items (including movable items with digital elements) – other than spare parts necessary for the repair or maintenance, the right of withdrawal applies to the additional services or Products; (9) in which the subject of the performance is sound or visual recordings or computer programs supplied in a sealed package if the package has been 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 services in the field of accommodation, other than for residential purposes, carriage of goods, car rental, catering, leisure services, entertainment events, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller started the performance with the consumer’s express and prior consent, who was informed before the performance began that after the performance by the Seller he would lose the right of withdrawal, and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price in which the consumer expressly requested the Seller to come to him to carry out a repair, and the service has already been fully performed with the consumer’s express and prior consent.
8.10. The provisions concerning the consumer contained in this pt. 8 of the Terms and Conditions apply, for contracts concluded from 1 January 2021, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to his business activity, where it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person and made available under the provisions on the Central Register and Information on Economic Activity (CEIDG).
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This pt. 9 of the Terms and Conditions and all provisions contained therein are addressed to and therefore binding only on a Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that day also not a natural person concluding a contract directly related to his business activity, where it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by that person and made available under the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the day of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under the statutory warranty for the Product or the lack of conformity of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to a complaint within 30 calendar days from the day of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, irrespective of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than to the amount of one thousand Polish zloty. The monetary limitation referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including in the event of nonconclusion of a Sales Agreement or not related to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for delay in the transport of the shipment.
9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient will be submitted to the court having jurisdiction over the Seller’s/Service Provider’s registered office.
10. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND SERVICES
10.1. This pt. 10 of the Terms and Conditions sets out the default rules for using Products – digital content and services available in the Online Store. These rules apply if no individual terms of use for a given Product are established, or to the extent not regulated by individual terms (e.g. where a licence granted by the manufacturer of a given Product applies, the manufacturer’s licence will apply).
10.2. The rights to the Product, including copyright in the case of Products constituting a work within the meaning of copyright law, belong to the Seller or other authorised third parties.
10.3. Under the concluded Sales Agreement, the Customer is entitled to use the Product in the manner and to the extent necessary to use it for the purposes specified in the Sales Agreement, and in the absence of such specification, for the purposes for which a Product of that kind is usually used, taking into account applicable laws, technical standards or good practice.
10.4. The Customer may use the Product only for his own use, including within his business activity, unless the Sales Agreement provides otherwise. Subject to exceptions provided for by universally binding provisions and different terms of the Sales Agreement: (1) the Customer is not entitled to make the Product available to third parties; (2) the Customer is not entitled to use the Product for profit-making purposes, including placing the Product on the market; (3) the Customer is not entitled to transfer, sublicense or authorise other persons to use the Product; (4) the Customer is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble or make any other attempts to interfere with the Product unless this is necessary to ensure proper use of the Product in accordance with the Sales Agreement.
10.5. The Customer may use the Product for the period specified in the Sales Agreement.
10.6. Access to the Product is granted by sending digital content or a link (URL address) enabling its playback to the e-mail address provided by the Customer when placing the Order.
11. PRODUCT REVIEWS
11.1. The Seller enables its Customers to post and access reviews of Products and of the Online Store under the rules set out in this pt. 11 of the Terms and Conditions.
11.2. Posting a review by a Customer is possible after using a form enabling the addition of a review of a Product or of the Online Store. This form may be made available directly on the Online Store’s website (including via an external widget) or may be provided by means of an individual link received by the Customer after purchase at the e-mail address provided by him. When adding a review, the Service Recipient may also add a graphic rating or a photo of the Product – if such option is available in the review form.
11.3. A review of a Product may be posted only for Products actually purchased in the Seller’s Online Store and by a Customer who purchased the reviewed Product. It is forbidden to conclude fictitious or ostensible Sales Agreements in order to post a Product review. A review of the Online Store may be posted by a person who is a Customer of the Online Store.
11.4. Adding reviews by Customers may not be used for unlawful activities, in particular for acts constituting unfair competition or acts violating personal rights, intellectual property rights or other rights of the Seller or third parties. The Customer, when adding a review, is obliged to act in accordance with the law, these Terms and Conditions and good practice.
11.5. Reviews may be made available directly on the Online Store’s website (e.g. next to a given Product) or on an external review-collecting service with which the Seller cooperates and to which he refers on the Online Store’s website (including via an external widget placed on the Online Store’s website).
11.6. The Seller ensures that published reviews of Products come from its Customers who purchased a given Product. To this end, the Seller takes the following actions to verify that the reviews come from its Customers:
11.6.1. Publishing a review posted using a form available directly on the Online Store’s website requires prior verification by the Seller. Verification consists in checking compliance of the review with the Terms and Conditions, in particular checking whether the reviewer is a Customer of the Online Store – in this case the Seller checks whether that person made a purchase in the Online Store, and in the case of a Product review checks additionally whether he purchased the reviewed Product. Verification takes place without undue delay.
11.6.2. The Seller sends its Customers (including via an external review-collecting service with which he cooperates) an individual link to the email address provided by the Customer when making a purchase – thus access to the review form is obtained only by the Customer who purchased the Product in the Online Store.
11.6.3. In case of doubts of the Seller or objections addressed to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that he is indeed a Customer of the Online Store or purchased the reviewed Product.
11.7. Any comments, appeals against review verification, or objections as to whether a given review comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in pt. 6 of the Terms and Conditions.
11.8. The Seller does not post or commission posting by another person of false reviews or consumer recommendations and does not distort consumer reviews or recommendations to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not provide sponsored reviews.
11.9. The Seller reserves the right to refuse to publish or to remove reviews that:
a) violate the law (including provisions on the protection of personal rights, hate speech, copyright or GDPR),
b) contain vulgar, offensive, discriminatory content, incite violence or constitute hate speech,
c) have an advertising, spam or non-substantive character,
d) contain personal data or other information that may violate the privacy of third parties,
e) are completely unrelated to the Product or service concerned.
The Seller may require the author to supplement or clarify the review before its publication. Refusal to publish or removal of a review is made only to the extent necessary to protect the legal interests of the Seller and other Customers and does not infringe the Customer’s right to express critical, justified opinions of the Product.
12. ILLEGAL CONTENT AND OTHER CONTENT IN BREACH OF THE TERMS AND CONDITIONS
12.1. This pt. 12 of the Terms and Conditions contains provisions resulting from the Digital Services Act in the part concerning the Online Store and the Service Provider. The Service Recipient is generally not obliged to provide content when using the Online Store, unless the Terms and Conditions require providing certain data (e.g. data to place an Order). The Service Recipient may have the possibility to add a review or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the rules contained in the Terms and Conditions.
12.2. CONTACT POINT – The Service Provider designates the e-mail address contact@ethne.eu as a single contact point. The contact point enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Board and at the same time enables service recipients (including Service Recipients) to communicate directly, quickly and in a userfriendly manner with the Service Provider electronically for the purposes of the Digital Services Act. The Service Provider indicates Polish and English as the languages of communication with its contact point.
12.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
12.3.1. To the e-mail address contact@ethne.eu any person or entity may report to the Service Provider the presence of specific information which that person or entity considers to be Illegal Content.
12.3.2. The report should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates making to the above-mentioned e-mail address reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where applicable, additional information enabling the identification of the Illegal Content, according to the type of content and the specific type of service; (3) the name and surname or name and e-mail address of the person or entity making the report, except for a report concerning information considered related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
12.3.3. A report referred to above is considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information concerned, if it enables the Service Provider acting with due diligence to determine – without detailed legal analysis – the illegal nature of the activity or information in question.
12.3.4. If the report contains the electronic contact details of the person or entity that made the report, the Service Provider, without undue delay, sends such person or entity confirmation of receipt of the report. The Service Provider also informs such person or entity without undue delay of its decision regarding the information the report relates to, providing information on the possibility of appealing against the decision.
12.3.5. The Service Provider examines all reports received within the mechanism referred to above, and takes decisions regarding the information the reports relate to in a timely, non-arbitrary and objective manner and with due diligence. If, for the purposes of such examination or decision-making, the Service Provider uses automated means, it includes information about this in the notice referred to in the preceding point.
12.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by Service Recipients:
12.4.1. The Service Recipient is subject to the following rules when providing any content within the Online Store:
12.4.1.1. the obligation to use the Online Store, including to post content (e.g. within reviews or comments), in accordance with its purpose, these Terms and Conditions and in a manner consistent with the law and good practice, having regard to respect for personal rights and the copyright and intellectual property rights of the Service Provider and third parties;
12.4.1.2. the obligation to enter content that is consistent with the facts and in a manner that is not misleading;
12.4.1.3. the prohibition on providing content of an unlawful nature, including the prohibition on providing Illegal Content;
12.4.1.4. the prohibition on sending unsolicited commercial communications (spam) via the Online Store;
12.4.1.5. the prohibition on providing content that violates generally accepted netiquette principles, including content that is vulgar or offensive;
12.4.1.6. the obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Store’s pages, in particular copyrights or required licences, permissions and consents for their use, dissemination, sharing or publication, especially the right to publish and disseminate in the Online Store and the right to use and disseminate the image or personal data if the content includes the image or personal data of third parties;
12.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the Service Provider’s ICT system, the Online Store or third parties.
12.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store’s website. Moderation is carried out in good faith and with due diligence and on the Service Provider’s own initiative or upon a received report in order to detect, identify and remove Illegal Content or other content that is inconsistent with the Terms and Conditions or to prevent access to it or to take necessary measures to comply with applicable EU law and national law consistent with EU law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
12.4.3. The moderation process may be conducted manually by a human or be based on automated or semi-automated tools that facilitate the Service Provider in identifying Illegal Content or other content inconsistent with the Terms and Conditions. After identifying such content, the Service Provider decides on its possible removal or preventing access to the content or otherwise limits its visibility or takes other actions deemed necessary (e.g. contacts the Service Recipient to clarify objections and change the content). The Service Provider, in a clear and easily comprehensible manner, informs the Service Recipient who provided the content (if he has his contact details) of its decision, the reasons for it and the available possibilities of appealing against that decision.
12.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard for the rights and legitimate interests of all parties involved, including service recipients, in particular considering the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
12.5. Any comments, complaints, appeals, or objections concerning decisions or other actions or omissions taken by the Service Provider on the basis of a received report or a decision of the Service Provider taken in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in pt. 6 of the Terms and Conditions. Using this procedure is free of charge and allows complaints to be submitted electronically to the indicated email address. Using the reporting and complaint-handling procedure does not prejudice the right of the person or entity to institute court proceedings and does not affect his other rights.
12.6. The Service Provider examines all comments, complaints, appeals, or objections concerning decisions or other actions or omissions taken by the Service Provider on the basis of a received report or a decision taken in a timely, nondiscriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified, or that the information the complaint concerns is not illegal and not inconsistent with the Terms and Conditions, or contains information indicating that the action of the complainant does not justify the measure taken, the Service Provider, without undue delay, overturns or changes its decision regarding the possible removal or prevention of access to the content or otherwise limiting its visibility or takes other actions deemed necessary.
12.7. Service Recipients, persons or entities that have reported Illegal Content, to whom the Service Provider’s decisions concerning Illegal Content or content inconsistent with the Terms and Conditions are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning those decisions, including complaints that have not been resolved within the Service Provider’s internal complaint-handling system.
13. FINAL PROVISIONS
13.1. Contracts concluded via the Online Store are concluded in the Polish language. The English version is for assistance only, to facilitate understanding of the transaction terms; however, in the event of discrepancies between the English and Polish versions, the Polish text shall always prevail.
13.2. Amendment of the Terms and Conditions:
13.2.1. The Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, i.e. changes in the provisions of law; changes in payment or delivery methods or deadlines, being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; addition of new Electronic Services; the necessity to counter an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
13.2.2. Notification of proposed changes is sent at least 15 days before the day the changes come into effect, except that a change may be introduced without a 15-day notification period if the Service Provider: (1) is subject to a legal or regulatory obligation under which he is obliged to change the Terms and Conditions in a way that prevents him from meeting the 15-day notification period; or (2) must, by way of exception, change his Terms and Conditions to counter an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the two last cases referred to in the preceding sentence, the changes are introduced with immediate effect, unless a longer implementation period is possible or necessary, of which the Service Provider notifies each time.
13.2.3. In the case of contracts of a continuous nature (e.g. provision of the Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the end of the notification period for the proposed changes. Such termination becomes effective 15 days from the day of receipt of the notification. In the case of concluding a contract of a continuous nature, the amended Terms and Conditions bind the Service Recipient if he has been properly notified of the changes, in accordance with the notification period before their introduction and has not terminated the contract during that period. Additionally, at any time after receiving the notification of changes, the Service Recipient may accept the changes and thereby waive the remainder of the notification period. In the case of concluding a contract other than a continuous contract, the changes to the Terms and Conditions do not in any way infringe the acquired rights of the Service Recipient before the day the changes to the Terms and Conditions come into effect, in particular the changes to the Terms and Conditions will not affect Orders already placed or submitted and concluded, implemented or performed Sales Agreements.
13.2.4. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the contract.
13.3. In matters not regulated in these Terms and Conditions, universally binding provisions of Polish law apply, in particular: the Civil Code; the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2002 No 144, item 1204, as amended); the Consumer Rights Act; and other applicable universally binding provisions of law.
13.4. The Terms and Conditions in this wording enter into force on 31 August 2025.
14. MODEL WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
(this form should be filled in and sent only if you wish to withdraw from the contract)
– Addressee:
ETHNE sp. z o.o.
ul. Hoża 86/410
00-682 Warsaw, Poland
contact@ethne.eu– I/We() hereby inform you of my/our() withdrawal from the contract of sale of the following goods() / the contract for the supply of the following goods() / the contract for work consisting in the manufacture of the following goods() / for the provision of the following service()
– Date of conclusion of the contract() / receipt()
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is submitted in paper version)
– Date
(*) Delete as appropriate.