TERMS AND CONDITIONS
OF THE ONLINE STORE ETHNE.EU
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DEADLINE FOR DELIVERY OF THE PRODUCT
6. PROCEDURE FOR HANDLING COMPLAINTS
7. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THESE TERMS AND CONDITIONS
12. FINAL PROVISIONS
13. WITHDRAWAL FORM TEMPLATE
1. GENERAL PROVISIONS
1.1 The online store available at www.ethne.eu is run by ETHNE sp. z o.o. (limited liability company), entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000971781, having: a place of business and an address for service at Hoża 86/410, 00-682 Warsaw, Poland, VAT number: PL7011087899, REGON: 522029577, e-mail address: email@example.com, telephone number: +48 22 100 60 88.
1.2 These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise.
1.4.1 WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2 REGISTRATION FORM – a form available in the Online Store enabling creation of an Account.
1.4.3 ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to an electronic basket and specifying conditions of a Sales Agreement, including method of delivery and payment.
1.4.4 CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has been granted legal capacity by law – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5 CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93 as amended).
1.4.6 ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the IT system of the Service Provider in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7 NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclic content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8 PRODUCT – a movable item that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9 REGULATIONS – these Terms and Conditions of the Online Store.
1.4.10 ONLINE STORE – an online store of the Service Provider available at www.ethne.eu.
1.4.11 SELLER; SERVICE PROVIDER – ETHNE sp. z o.o. (limited liability company), entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000971781, having: a place of business address and an address for service at Hoża 86/410, 00-682 Warsaw, Poland, VAT number: PL7011087899, REGON: 522029577, e-mail address: firstname.lastname@example.org, phone number: +48 22 100 60 88.
1.4.12 SALES AGREEMENT – a contract for sale of a Product concluded or to be concluded between a Customer and a Seller through an Online Store.
1.4.13 ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store and not being a Product.
1.4.14 SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.15 CONSUMER RIGHTS ACT – Act of May 30, 2014 on consumer rights (Journal of Laws of 2014 item 827 as amended).
1.4.16 ORDER – Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1 Account – using the Account is possible after the Service Recipient has completed three consecutive steps – (1) filling in the Registration Form, (2) clicking on the “Create an account” field and (3) confirming the intention to create an Account by clicking on the link confirming automatically sent to the e-mail address provided. The Registration Form requires the Service Recipient to provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In case of Service Recipients who are not consumers it is also necessary to provide the company name and tax identification number.
188.8.131.52 The Account Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient has the possibility to delete the Account (resignation from the Account) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular via e-mail to:
2.1.2 Order Form – use of the Order Form begins with adding the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed two consecutive steps – (1) after filling in the Order Form and (2) clicking on the “Confirm purchase” field on the Online Store page after filling in the Order Form – until this moment there is a possibility of independent modification of entered data (for this purpose one should follow displayed messages and information available on the Online Store page). The Order Form requires the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of Product/s delivery, payment method. In case of Customers who are not consumers it is also necessary to provide company name and tax identification number.
184.108.40.206 The Order Form Electronic Service is provided free of charge and has a one-time nature and ends with placing an Order through it or with earlier cessation of placing an Order through it by the Service Recipient.
2.1.3 Newsletter – use of Newsletter takes place after providing in the “Newsletter” section visible on the Online Store page an e-mail address to which subsequent editions of Newsletter are to be sent and clicking on “Sign up”. It is also possible to sign up for Newsletter by checking an appropriate checkbox during Account creation – with Account creation Service Recipient is signed up for Newsletter.
220.127.116.11. The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service Recipient has the possibility to unsubscribe from the Newsletter (resignation from the Newsletter) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to the following address: Hoża 86/410, 00-682 Warsaw, Poland.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, taking into account respect for personal rights as well as copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing content of an unlawful nature.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product Price displayed on the Online Store website is given in Polish zlotys and euros and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal services fees) and other costs, and when it is impossible to determine the amount of these fees – about the obligation to pay them, on the Online Store website during placing an Order, including at the moment of expressing by the Customer the will to be bound by a Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts it for execution. Confirmation of receipt of an Order and its acceptance for execution takes place by sending by the Seller to the Customer an appropriate e-mail message to the e-mail address provided by the Customer during placing an Order, which contains at least statements of the Seller about receipt of an Order and its acceptance for execution and confirmation of conclusion of a Sales Agreement. With receipt by the Customer of such e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending an e-mail message to the Customer referred to in point 3.3.2 of these Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller makes available to the Customer the following payment methods for the Sales Agreement:
4.1.1. Electronic payments and card payments via WP Pay service – current payment methods are specified on the Online Store website in the information tab regarding payment methods as well as on http://www.wppay.pl website.
18.104.22.168 Settlements of electronic payments and card payments are carried out according to the Customer’s choice via WP Pay service. Electronic payments and card payments are handled by:
22.214.171.124.1 Blue Media S.A., with its registered office in Sopot at Powstańców Warszawy 6, VAT number: PL5851351185, registered in the District Court Gdańsk – Północ in Gdańsk, VIII Commercial Division of the National Court Register under KRS number: 0000320590.
4.2 Payment deadline:
4.2.1 In case of choosing electronic payments or card payments by the Customer, he/she is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
5. COSTS, METHODS AND DEADLINE FOR PRODUCT DELIVERY
5.1 Product delivery is available within European Union.
5.2. Delivery of the Product to the Customer is payable unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs as well as during placing an Order, including also at the moment of expressing by the Customer a will to be bound by the Sales Agreement.
5.3. The Seller makes available to the Customer the following methods of Product delivery:
5.3.1 Delivery to InPost parcel locker.
5.3.2 InPost (Poland) or DHL (EU) courier shipment.
5.4 The delivery time of the Product to the Customer is up to 14 Business Days unless a shorter period is indicated for a given Product description or during placing an Order. In case of Products with different delivery times, the delivery time is extended to the longest indicated time which cannot exceed 15 Business Days. The beginning of the delivery time of the Product to the Customer is counted in the following way:
5.4.1 In case of choosing electronic payments or card payments by the Customer – from the day of crediting Seller’s bank account or settlement account.
6. COMPLAINTS PROCEDURE
6.1 This point 6 of Terms and Conditions specifies a complaints procedure common for all complaints submitted to Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to Seller’s operation or Online Store.
6.2 A complaint may be submitted for example:
6.2.1 in writing to address: Hoża 86/410, 00-682 Warsaw, Poland;
6.2.2 electronically via e-mail at address: firstname.lastname@example.org.
6.3 Sending or returning a Product within a complaint should be made to the address: Paderewskiego 44, 05-520 Konstancin-Jeziorna, Poland
6.4. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of non-compliance with the agreement; (2) a request for how to bring it into compliance with the agreement or a statement of price reduction or withdrawal from the agreement or other claim; and (3) contact details of the complainant – this will facilitate and speed up consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without a recommended description of the complaint.
6.5. In case of change of contact details provided by the complainant during consideration of a complaint, he is obliged to notify Seller about it.
6.6. Evidence (e.g. photos, documents or Product) related to the subject of the complaint may be attached to the complaint by the complainant. The Seller may also ask the complainant for additional information or evidence (e.g. photos), if it facilitates and speeds up consideration of the complaint by Seller.
6.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from its receipt.
6.8. The basis and scope of the Seller’s statutory liability are determined by generally applicable legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended. Below are additional information regarding Seller’s liability for compliance of Product with Sales Agreement provided for by law:
6.8.1. In the case of a complaint about a Product – a movable item – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in force from 1 January 2023 shall apply, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Agreement.
7. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1. Methods of resolving disputes without court involvement include (1) enabling reconciliation of positions of parties, e.g. through mediation; (2) proposing a solution to a dispute, e.g. through conciliation; and (3) resolving a dispute and imposing its solution on parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for a consumer who is a Customer to use out-of-court methods for handling complaints and claims, rules for access to these procedures and user-friendly search engine for entities dealing with out-of-court resolution of disputes are available on the website of Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. At the President of the Office of Competition and Consumer Protection, there is a contact point whose tasks include providing consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – sending a message to the address: email@example.com or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030), Poland.
7.3. The consumer has the following examples of possibilities to use out-of-court methods for handling complaints and claims: (1) submitting an application for dispute resolution to a permanent consumer arbitration court; (2) submitting an application for out-of-court dispute resolution to a provincial inspector of Inspection; or (3) seeking assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at firstname.lastname@example.org and by calling the consumer helpline at 801 440 220 or +48 22 290 89 16 (helpline open on business days from 8:00 am to 6:00 pm, connection fee according to operator’s tariff).
7.4. The internet platform of the system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or service contracts (more information on the platform’s website or at the website of Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs other than those specified in point 8.7 of the Regulations. It is sufficient to send a statement before its expiry to meet the deadline. A statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: Hoża 86/410, 00-682 Warsaw, Poland;
8.1.2. electronically via e-mail to email@example.com.
8.2. The return of the Product – movable items as part of withdrawal from the contract should be made to the address: Paderewskiego 44, 05-520 Konstancin-Jeziorna, Poland.
8.3. A sample withdrawal form is attached as Annex 2 to the Consumer Rights Act and is also available in point 13 of the Regulations. The consumer may use the form template, but it is not mandatory.
8.4. The period for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) covers many Products that are 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 specified period – from taking possession of the first of the Products;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In case of withdrawal from a distance contract, the contract is considered not concluded.
8.6. Products – movable things:
8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product – movable thing (with the exception of additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall make the reimbursement using the same means of payment as used by the consumer, unless the consumer has expressly agreed to a different means of reimbursement which does not entail any costs for him. In case of Products – movable things – if the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives back the Product or until he receives proof of its return by the consumer, whichever event occurs earlier.
8.6.2. In case of Products – movable things – the consumer is obliged to immediately, no later than within 14 calendar days from the day on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, unless the Seller has offered to collect it himself. It is enough to send back the Product before its expiry date.
8.6.3. The consumer is responsible for reducing the value of a Product – movable thing – resulting from using it in a way that goes beyond what is necessary to determine its nature, characteristics and functioning.
8.7. Possible costs associated with withdrawal by a consumer from a contract that he is obliged to bear:
8.7.1. In case of Products – movable things – if the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for additional costs incurred by him.
8.7.2. In case of Products – movable things – the consumer bears direct costs of returning the Product.
8.8. The right to withdraw from a distance contract does not apply to a consumer in relation to contracts:
8.8.1. (1) for the provision of services, if 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 has been informed before the provision that after the performance of the service by the Seller he will lose the right to withdraw from the contract and has accepted 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 deadline for withdrawal from the contract; (3) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – not prefabricated, produced according to the consumer’s specification or serving to satisfy his individualized needs; (4) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf-life; (5) in which the subject of performance is a Product – a movable item (including a movable item with digital elements) – delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products – movable things (including movable things with digital elements) – which after delivery, due to their nature, become inseparably connected with other movable things, including movable things with digital elements; (7) in which the subject of performance are alcoholic beverages, whose price has been agreed upon at the conclusion of a Sales Agreement and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has clearly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for repair or maintenance, the right to withdraw from the contract applies to additional services or Products; (9) in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation other than for residential purposes, transport of goods, car rental, catering, services related to leisure activities, entertainment events, sports or cultural events if the contract specifies a day or period of service provision; (13) for the supply of digital content not stored on a tangible medium if the consumer is obliged to pay a price and if the Seller has started performance with the express consent of the consumer who has been informed before performance that after performance by the Seller he will lose his right to withdraw from the contract and has accepted it and if the Seller has provided confirmation to the consumer 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 cases where the consumer has clearly demanded that the Seller come to him for urgent repair and the service has already been fully performed with the express and prior consent of the consumer.
8.9. The provisions of this point 8 of the Regulations concerning the consumer shall apply to contracts concluded from 1 January 2021 also to the Service Recipient or Customer being a natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed and thus bind exclusively a Customer or Service Recipient who is not a consumer, and from January 1, 2021 also not a natural person directly concluding an agreement related to its business activity, if it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject matter of its business activity, made available on the basis of 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 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 against the Seller by the Customer.
9.3. The Seller’s liability under warranty for Product or non-compliance of Product with Sales Agreement is excluded.
9.4. The Seller will respond to a complaint within 30 calendar days of receiving it.
9.5. The Seller has the right to limit available payment methods, including requiring full or partial prepayment regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.
9.6. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending an appropriate statement to the Service Recipient.
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 one thousand zlotys. The quantitative limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in case of non-conclusion of a Sales Agreement or claims not related to a Sales Agreement. The Service Provider/Seller shall be liable towards the Service Recipient/Customer only for typical foreseeable damages at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for delay in delivery of shipment.
9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be subject to jurisdiction over the Seller/Service Provider’s registered office.
10. PRODUCT REVIEWS
10.1. The Seller does not provide the possibility of leaving reviews about Products and the Online Store.
11. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THE REGULATIONS
11.1. This section of the Regulations includes provisions arising from the Digital Services Act concerning the Online Store and the Service Provider. As a general rule, the Service Recipient is not obliged to provide content when using the Online Store unless the Regulations require specific data to be provided (e.g., data for placing an Order). The Service Recipient may have the opportunity to add reviews or comments in the Online Store using tools provided for this purpose by the Service Provider. In any case of providing content by the Service Recipient, they are obligated to adhere to the principles outlined in the Regulations.
11.2. CONTACT POINT – The Service Provider designates the email address firstname.lastname@example.org as the single contact point. The contact point allows direct communication between the Service Provider and the authorities of the Member States, the European Commission, and the Digital Services Council, while also enabling service recipients (including Service Recipients) to have direct, prompt, and friendly electronic communication with the Service Provider for the purposes of implementing the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.
11.3. Reporting Procedure for Illegal Content and Actions in accordance with Article 16 of the Digital Services Act:
11.3.1. Any individual or entity can report to the Service Provider the presence of specific information they consider to be Illegal Content by sending an email to email@example.com.
11.3.2. The report should be sufficiently precise and appropriately justified. To facilitate this, the Service Provider allows and encourages submissions to the above-mentioned email address containing all of the following elements: (1) a sufficiently justified explanation of the reasons why the reporting individual or entity believes the reported information constitutes Illegal Content; (2) clear identification of the exact electronic location of the information, such as the precise URL or URLs, and, where applicable, additional information enabling the identification of Illegal Content, in accordance with the type of content and specific type of service; (3) the full name or name and email address of the reporting individual or entity, excluding reports concerning information deemed related to one of the offenses mentioned in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the reporting individual or entity that the information and allegations contained therein are accurate and complete.
11.3.3. The above-mentioned report is considered as providing a basis for obtaining factual knowledge or information for the purposes of Article 6 of the Digital Services Act concerning the information in question, if it enables the Service Provider, acting with due diligence, to ascertain, without detailed legal analysis, the illegal nature of the reported activity or information.
11.3.4. If the report includes electronic contact details of the individual or entity making the report, the Service Provider promptly sends a confirmation of receiving the report to that person or entity. The Service Provider also promptly notifies such person or entity of its decision regarding the information covered by the report, providing information about the possibility of appealing the decision.
11.3.5. The Service Provider reviews all reports it receives under the mechanism mentioned above and makes decisions regarding the information covered by the reports in a timely, non-arbitrary, and objective manner, with due diligence. If the Service Provider uses automated means for such review or decision-making, it includes information on this matter in the notification as mentioned in the preceding point.
11.4. Information about restrictions imposed by the Service Provider regarding the use of the Online Store, concerning information provided by Service Recipients:
11.4.1. The following rules apply to the Service Recipient when providing any content within the Online Store:
126.96.36.199. The obligation to use the Online Store, including posting content (e.g., in the form of reviews or comments), in accordance with its purpose, these Regulations, and in a manner consistent with the law and good practices, taking into account the respect for personal rights, as well as the copyrights and intellectual property of the Service Provider and third parties.
188.8.131.52. The obligation to enter content that is consistent with the factual state of affairs and does not mislead.
184.108.40.206. Prohibition on providing unlawful content, including the prohibition on providing Illegal Content.
220.127.116.11. Prohibition on sending unsolicited commercial communications (spam) through the Online Store.
18.104.22.168. Prohibition on providing content that violates widely accepted principles of netiquette, including containing vulgar or offensive content.
22.214.171.124. The obligation to possess, if necessary, all required rights and permissions to provide such content on the pages of the Online Store, especially copyrights or required licenses, permits, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
126.96.36.199. The obligation to use the Online Store in a manner that does not pose a threat to the security of the teleinformatics system of the Service Provider, the Online Store, or third parties.
11.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients on the pages of the Online Store. Moderation is carried out in good faith and with due diligence, either at the initiative of the Service Provider or upon receiving a report, to detect, identify, and remove Illegal Content or other content not in compliance with the Regulations or to prevent access to them or take necessary measures to comply with the requirements of European Union law and national law in accordance with European Union law, including the requirements specified in the Digital Services Act or the requirements included in the Regulations.
11.4.3. The moderation process may be carried out manually by a human or rely on automated or partially automated tools facilitating the Service Provider’s identification of Illegal Content or other content not in compliance with the Regulations. After identifying such content, the Service Provider decides whether to remove it, restrict access, or take other actions deemed necessary (e.g., contacting the Service Recipient to clarify concerns and modify the content). The Service Provider will clearly and understandably inform the Service Recipient who provided the content (if contact information is available) of its decision, the reasons for it, and the available options for appealing the decision.
11.4.4. In fulfilling its rights and obligations under the Digital Services Act, the Service Provider is obligated to act with due diligence, objectively, proportionately, and with due consideration for the rights and legally justified interests of all involved parties, including service recipients, particularly taking into account 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.
11.5. Any comments, complaints, claims, appeals, or objections regarding decisions or other actions, or lack of action, taken by the Service Provider based on a received report or a decision made by the Service Provider in accordance with the provisions of these Regulations can be reported using a procedure similar to the complaint procedure outlined in point 6 of the Regulations. The use of this procedure is free of charge and allows for electronic submission of complaints to the provided email address. Utilizing the reporting and complaint resolution procedure does not prejudice the right of an individual or entity to initiate legal proceedings and does not violate other rights.
11.6. The Service Provider reviews any comments, complaints, claims, appeals, or objections regarding decisions or other actions, or lack of action, taken by the Service Provider based on a received report or a decision made by the Service Provider in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report provides sufficient grounds for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information subject to the complaint is not illegal and not in violation of the Regulations, or contains information indicating that the complainant’s action does not warrant the measures taken, the Service Provider promptly reverses or modifies its decision regarding the potential removal or restriction of access to content or takes other actions it deems necessary.
11.7. Service Recipients, individuals, or entities that reported Illegal Content, to which the Service Provider’s decisions regarding Illegal Content or content in violation of the Regulations are directed, have the right to choose any out-of-court dispute resolution body certified by the coordinator for digital services of a member state to resolve disputes concerning these decisions, including with respect to complaints that have not been resolved within the internal complaint resolution system of the Service Provider.
12. FINAL PROVISIONS
12.1. Agreements concluded through the Online Store are concluded in Polish. The English version is only auxiliary, enabling understanding of the transaction terms, but in case of discrepancies between the English and Polish versions, the text in Polish shall always prevail.
12.2. Amendment of the Regulations:
12.2.1. The Service Provider reserves the right to make changes to these Regulations for valid reasons, i.e.: changes in legal regulations; changes in payment or delivery methods or deadlines, subject to legal or regulatory obligation; changes in the scope or form of Electronic Services provided; adding new Electronic Services; necessity to counteract unforeseen and direct threats related to protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malicious software, spam, data breaches or other cyber security threats – to the extent that these changes affect implementation of provisions of these Regulations.
12.2.2. Notification of proposed changes is sent at least 15 days before the date of entry into force of these changes, with the reservation that a change may be introduced without observing a 15-day notification period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to change the Regulations in a way that makes it impossible for it to observe a 15-day notification period; or (2) must exceptionally change its Regulations in order to counteract unforeseen and direct threats related to protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malicious software, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer period for introducing changes, about which the Service Provider informs each time.
12.2.3. In the case of continuous contracts (e.g. provision of 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 proposed changes. Such termination becomes effective within 15 days from the date of receipt of the notification. In the case of conclusion of a continuous contract, the amended Regulations shall be binding on 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 within that period. Additionally, at any time after receiving notification of changes, the Service Recipient may accept the changes being introduced and thus waive further notification period. In case of conclusion of a contract other than a continuous contract, changes to the Regulations shall not in any way affect any rights acquired by the Service Recipient prior to the date of entry into force of changes to the Regulations, in particular changes to the Regulations shall not affect any Orders already placed or Contracts for Sale concluded, executed or performed.
12.2.4. In case any change to these Regulations results in introduction of any new fees or increase in existing ones, consumers have a right to withdraw from a contract.
12.3. Matters not regulated in these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services dated July 18th, 2002 (Journal of Laws No. 144, item 1204 as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.
13. WITHDRAWAL FORM TEMPLATE
(this form should be filled in and sent only if you wish to withdraw from the contract)
ETHNE sp. z o.o.
00-682 Warsaw, Poland
– I/We(*) hereby inform you about my/our(*) withdrawal from the contract of sale of the following goods:
– Date of conclusion of the contract/receipt(*):
– Name and surname of consumer(s)
– Address of consumer(s):
– Consumer(s) signature(s) (only if the form is sent in paper version):
(*) Delete as appropriate.