- Seller = company operating under the company name Ethereal Wings Sp. z o.o. (LTD) having its registered address in st. Miernicza 24, 81-527 Gdynia. Registered in Poland under accounting data: Tax no. (NIP/VAT-UE) PL5862395720, KRS/NCR: 1053176 and CRO certificate (REGON): 526160601
- Shop = The store that is located at the following address: https://etherealwings.eu managed by the Seller being a sales platform, through which the Seller: provides Shop functionality and services to Users; solicits conclusion of distance contracts of sale of Goods; enables Users to become acquainted with the Goods offered by the Shop. Through the Shop, the Seller makes available adequate system, ICT and technological tools to provide the foregoing services.
- Terms and Conditions – these Terms and Conditions, setting out rules for the use of the Shop, in particular the rules for the conclusion of contracts of sale of the Goods offered by the Shop, the rules for performance thereof, and the rules of the complaint procedure.
- User = a natural or a legal person, or an organizational unit without legal personality, who uses Shop functionalities.
- Client = a User who has entered into a contract of sale with the Seller.
- Consumer = a User being a natural person and performing a legal action with the Seller that is not directly related to the business or professional activity thereof, in particular entering into a contract of sale through the Shop.
- User Account = each User’s individual panel activated therefore by the Seller (following User registration and conclusion of a contract for the provision of the User Account operation service), storing the data provided by the User upon User Account registration, with the establishment of a User Account not being required to use the Shop, including to view the Shop’s offer and to place orders.
- Goods = movables offered by the Shop that may constitute the subject matter of a contract of sale between the User and the Seller.
- Contract of Sale = a contract of sale of Goods concluded between the User and the Seller through the Shop pursuant to the provisions of the Terms and Conditions.
- GDPR = Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
- Newsletter = service made available by the Seller and consisting in the provision of commercial information, in particular with respect to the offered products and services in the form of electronic messages (e-mails), by electronic mail to the User specified e-mail address.
I. Preliminary provisions
- The Seller uses technical and organizational measures appropriate to the degree of risk, including measures used to prevent acquisition and modification by unauthorized persons of data transmitted over the Internet, in order to ensure security of messages and data provided at the Shop.
- On the Shop Website, the Seller presents Goods belonging in particular to the following categories: instruments and shop.
- The Seller carries out the sale of the Goods through the Shop with the use of the Internet.
- Upon the User’s expression of will to be bound by a Contract of Sale (by means of placing an order) at the latest, the Seller shall provide the User, via the Shop Website, with information on the main features of the Goods; information on the Goods offered by the Seller, detailed descriptions thereof identifying the main features thereof is provided under each of the Goods displayed on the Shop Website.
- The User shall use the Shop without disrupting its operation, in compliance with the law, provisions of the Terms and Conditions, morality and respect for the rights and personality rights of others. The User shall be prohibited to provide illegal content.
II. Ways of communication
- The Seller enables the User to contact with the Seller in the following manners:
- by sending a correspondence to the address: Miernicza 24, 81-527 Gdynia,
- by sending an e-mail to the e-mail address: email@example.com,
- at the following Ethereal WingsOnline Shop Customer Service Office telephone number: +48 690 521 096. The fee for one call shall be as per the operator’s tariff.
- The User may submit queries directed at the Seller directly via the Shop Website. To that end, the User shall select a contact form on the Shop Website, enter the required data enabling the Seller to provide answers in relevant fields of the query form, and select required fields.
- With respect to the fulfillment of the order placed, including the need to specify the details of the order placed, the Seller may contact the User via electronic mail or phone, with the latter only possible if the User has provided a contact phone number.
III. Final amount to be paid
- Prices of Goods on the Shop Website are stated in EUR, and they are gross prices, i.e. they include taxes, including the tax on goods and services (VAT), but they exclude the Costs of Delivery of the Goods.
- It is possible to change the displayed currency to PLN and USD using an automatic conversion mechanism. This change can be made by selecting the country flag on the page. you can
- The Costs of Delivery of the Goods include, among others, fees for courier services, and they depend on the form of payment selected by the Client and the value of the Prices of Goods in the order placed.
- The final amount to be paid for the order placed shall include the Price of the Goods and the Costs of Delivery of the Goods.
- The User shall be notified of the final amount to be paid on the Shop Website when placing the Order, also directly prior to and upon order confirmation and placement. They are the total costs that the User shall pay, including applicable taxes. The final amount to be paid shall be indicated in the message confirming order receipt.
- The final amount to be paid indicated in the manner provided for item 4 shall not change.
IV. User Account
- The Seller provides services enabling the User to create a User Account on the Shop Website. Through the User Account. Registration and operation being free of charge.
- User Account registration shall be voluntary, in particular in that the User may view the Online Shop offer and place orders without registering a User Account.
- In order to create a User Account, on the Shop Website the User shall:
- click the ‘Log in’ button located on the top bar,
- click the ‘Create an account’ button which redirects to the account creation view,
- enter the required data in relevant fields of the registration form, i.e. first name, last name and e-mail address; select the check-box indicating confirmation of their having read and accepted the Terms and Conditions of the Shop, and press the ‘Create an account’ button in the account creation view.
- Following registration by the User, the Seller shall promptly send to the User’s address for electronic correspondence provided thereby during registration an e-mail confirming registration of the User Account.
- Upon receipt by the User of the e-mail confirming registration, a contract for the provision of the User Account operation service is concluded, with the services being provided free of charge for an indefinite period of time.
- The Seller shall have the right to terminate the contract for the provision of the User Account operation service subject to a 14-day period of notice solely for important causes consisting in persistent violations by the User of the obligations thereof provided for in item I 5 of the Terms and Conditions, in the event of a prior request from the Seller to the User to stop violations, establishing an additional 14-day period therefore, and the User’s failure to do the same within the said period.
- A statement of termination of the contract for the provision of the User Account operation service may be submitted by the Seller to the e-mail address provided by the User.
- The User shall have the right to terminate the contract for the provision of the User Account operation service at any time, without notice, for any reason and at no cost, in particular by sending the Seller an e-mail to the following address: firstname.lastname@example.org, requesting to delete the Account and indicating the electronic mail (e-mail) address registered with the Shop.
- Expiry of the contract for the provision of the User Account operation service shall result in the blocking and deletion of the User Account, which shall not affect the rights of the User acquired prior to the expiry of the contract.
- The Seller informs that within amendments to the contract for the provision of the User Account operation service provisions of Chapter XIII of Terms and Conditions shall apply.
- Furthermore, in case of the amendment, that is referred in p. 11 above, the User may terminate the contract for the provision of the User Account operation service with immediate effect within 30 days from the day of the amendment or from the day the User is notified of the amendment, if the notification was given to the User later than the amendment itself.
- Within the framework of the Newsletter service, seller shall send information in the form of an-email, hereinafter referred to as the ‘Newsletter’, to the electronic mail (e-mail) address provided by the User. The Newsletter service shall be provided free of charge for an indefinite period of time.
- The Newsletter shall contain information on the Ethereal Wings brand product offer, new collections, current promotions, and other messages regarding the Ethereal Wings brand and products offered thereby, including opinions, press releases, links to the Ethereal Wings brand’s friendly websites.
- Each Newsletter shall contain:
- information on Ethereal Wings having its registered address in Gdynia as the sender of the Newsletter;
- ‘Topic’ field completed, specifying the content of the Newsletter;
- information on the manner of resignation from the Newsletter service or on a change of the electronic mail (e-mail) address of the User whereto the Newsletter is sent.
- The use of the Newsletter service shall depend on the User having a computer or another multimedia device with access to the Internet, and on the User having an active electronic mail (e-mail) account.
- The User may order the Newsletter service by performing the following registration steps at https://etherealwings.eu, in the ‘NEWSLETTER’ field:
- entering the User’s electronic mail (e-mail) address in the form made available on the website;
- expressing consent to receiving Newsletters and selecting the check-box indicating confirmation that the User has read and accepted the Terms and Conditions of the Shop;
- pressing (clicking) the ‘Subscribe’ button;
- clicking the link confirming registration, provided in a sent electronic mail with ‘Website Newsletter Subscription Confirmation’ in the subject line.
- Pressing (clicking) the link confirming registration shall add the User’s electronic mail (e-mail) address to the e-mailing list. The User’s electronic mail (e-mail) address shall be used to send Newsletters thereto.
- Provision of the User’s electronic mail (e-mail) address during registration shall be required to provide the Newsletter service.
- The User may, at any time, for any reason and at no cost, change the previously specified electronic mail (e-mail) address whereto the Newsletter is sent, resigning from the previously provided Newsletter service by pressing (clicking) the ‘Unsubscribe from the Newsletter’ link provided in the footer of each Newsletter, and then re-order the Newsletter service by performing the registration steps described in detail in item 6 hereinabove, specifying the User’s new electronic mail (e-mail) address in the form available at https://etherealwings.eu, in the ‘NEWSLETTER’ field.
- The User may, at any time, for any reason and at no cost, resign from the Newsletter service, in particular by means of :
- clicking the ‘Unsubscribe from the Newsletter’ link provided in the footer of each Newsletter,
- unchecking the field ‘I consent to receiving commercial correspondence in the form of a NEWSLETTER pursuant to the provisions of the Online Shop Terms and Conditions at the e-mail address specified by me. I have the right to withdraw my consent to data processing at any time, which shall not affect legality thereof preceding the withdrawal’ within the User Panel, and then pressing (clicking) the ‘Save changes’ button,
- sending seller a declaration of will to resign from the Newsletter service by means of electronic mail (e-mail) to email@example.com
- Within the framework of the Newsletter service provision, the User shall not provide or transfer illegal content.
IVb. Other forms
- The Seller may also make other forms available to the User via the Shop Website, which may, in particular, be used by the User to recommend the Shop or goods offered in the Shop to other Internet users, as well as to take part in competitions and promotions organised by the Seller.
- The contract for the provision of services by electronic means, related to the use of a specific form shall be concluded upon the use of that form by the User. The contract for the provision of electronic services shall be terminated automatically and immediately each time after the User uses the form. The Seller may introduce additional regulations specifying the rules of using specific forms, which shall be provided to the User for review and acceptance prior to the actual use of such a form.
V. Ways of placing an order
- The User may purchase Goods offered by the Shop by placing an order:
- directly on the Shop Website (voluntarily creating a User Account, or without creating the same), and completing the order procedure,
- sending an e-mail to firstname.lastname@example.org, identifying any and all information on the Goods which are of importance from the order fulfillment perspective, i.e. catalog names, number of Goods ordered, payment method, manner and place of delivery of the Goods, and the following data: first name, last name, address whereto the Goods ordered shall be delivered, e-mail address, and phone number.
- 2. In order to place an order directly on the Shop Website, the User shall:
- complete the order by means of using the basket (clicking the ‘Add to basket’ button). The User shall select Goods according to the description and price thereof and add the same to the basket;
- click the ‘Proceed to checkout’ button after moving to the ‘Your basket’ view and selecting the number of Goods,
- enter the required data in relevant fields of the order form, select delivery method and click the ‘Proceed to Payment’ button after moving to the ‘Delivery’ view,
- select payment method and, in every case, select the required check-boxes and click the ‘Order and Pay’ button or any button containing a phrase equivalent to ‘order with an obligation to pay’ after moving to the ‘Summary and payment’ button, which shall be interpreted as placement of an order with an obligation to pay.
- Orders shall be fulfilled in the order of the placement thereof.
- The User placing an order shall be interpreted as making the Seller a proposal to enter into a contract of sale of the Goods being the subject matter of the order.
VI. Provision of a confirmation of conclusion of a contract of sale of the Goods
- Upon the User placing an order, the Seller shall send an electronic mail confirming order receipt and contract conclusion to the User specified electronic mail address.
- A contract of sale of Goods between the User as a Client and the Seller shall be concluded upon receipt of the foregoing electronic mail by the former.
- Material provisions of the contract of sale of the Goods shall be recorded, secured, made available and confirmed by means of sending of the foregoing electronic mail containing attachments in the form of these Terms and Conditions, instructions on the right of withdrawal, and a declaration of withdrawal form.
- The Seller shall provide the following methods of payment for Goods:
- via the secure online payment platform, in which case the User shall pay for the purchased Goods in advance, prior to order fulfillment (the so-called prepayment).
- Goods ordered from the Shop shall be delivered by courier companies.
- The Seller shall commence fulfillment of the order placed immediately after sending a confirmation of the order placed by electronic mail and, in the event of selection of prepayment as the payment method, after the entire value of the Price of the Goods and the Costs of Delivery of the Goods has been credited to the Seller’s bank account.
- The time for fulfillment of the order placed shall be inclusive of the period wherein the Seller completes the Goods ordered and prepares the same for shipment.
- The time for fulfillment of the order placed shall be 14 business days; it shall commence once the Seller commences to fulfill the same, and it shall end once the Seller forwards the parcel to the entity providing postal services and specified in item 2.
- The time for fulfillment of the order placed shall be exclusive of the time of delivery of the Goods that covers the period from the parcel delivery to the entity providing postal services by the Seller to the moment of the parcel delivery to the Client by the said entity.
- By accepting these Terms and Conditions, the User grants to the Seller approval for the use of e-invoices by the Seller in relation to the User, including sending (making available) to the User e-invoices issued by the Seller in the PDF file format via e-mail to the User’s e-mail address provided by the User in relation to filling in the appropriate form on the Store’s Website (form while creating the User Account or the form while placing an order).
VIII. The right of withdrawal
- A Consumer who has entered into a distance contract may withdraw therefrom within 14 days, for any reason and at no cost, save for the costs specified in the instructions on the right of withdrawal containing information on the manner of and time for exercising the right of withdrawal and the costs of returning articles to be paid by the Consumer in the event of withdrawal, constituting Annex 1 hereto.
- Information on the exercise of the right to withdraw from the contract and the withdrawal form template are available at the following links: 1. Information on the right to withdraw from the contract,
IX. Complaint examination procedure.
- The Seller has the obligation to perform in conformity with the agreement.
- The Seller shall be held liable towards the Client for any defects of Goods according to the terms specified in applicable regulations, in particular Article 556 et seq. of the Polish Civil Code. The Seller is liable to the Customer for non-conformity of the Goods or services with the agreement under the rules stipulated in the regulations:
- where the Customer is a Consumer, set out in particular in Article 43a et seq. of the Consumer Rights Act of 30 May 2014,
- where the Customer is neither a Consumer nor a natural person entering into an agreement directly related to his/her business activity, when it is evident from the content of that agreement that it is not of a professional nature for that person, set out in particular in art. 556 et seq. of the Civil Code.
- The Seller is liable to the Customer for the non-conformity of the digital content or digital service with the agreement in accordance with the rules stipulated in the legislation where the Customer is a Consumer, in particular Article 43k et seq. of the Consumer Rights Act of 30 May 2014.
- A complaint may be filed by the Client in any manner sufficiently revealing the will thereof.
- In order to facilitate the same, the Seller:
- recommends that the complaint in particular contain the following data: first name, last name, e-mail address, bank account number, address (street, house / apartment number, postal code, town / city (post office)), telephone number, form of compensation, order number, and information what Goods specifically are complained about, and for what reason,
- informs the Client about the possibility of using the sample complaint procedure described on Shop Website, in the ‘Customer Service’: ‘Complaints’ block footer.
The Client shall not be obligated to use or observe the foregoing recommendations of the Seller or the complaint notification procedure described on the Shop Website, and non-use thereof shall not have an impact on the effectiveness of complaints submitted irrespective of the recommended description of the complaint.
- Complaints relating to services provided by the Seller electronically may in particular be submitted by sending an e-mail to email@example.com
- The Seller shall examine every complaint and express their opinion thereon by immediately providing a reply specifying the manner of handling the same, not later however than within 14 days of the date of complaint submission. The User shall be notified of the manner of handling the complaint in the manner provided for in the complaint notification.
- In the event of any deficiencies in the submitted complaint, the Seller shall request the client to remedy the same in accordance with the Client’s contact data indicated therein.
X. Technical requirements to be met to work with the ICT system used by the Seller.
- To use the shop, inclusive of viewing the Shop offer, the User shall require an end device with Internet access and the Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Brave or Apple Safari web browser.
- Moreover, in order to place orders, the User shall require an active e-mail account .
XI. Personal data protection
XII. Extrajudicial methods for handling complaints and bringing claims
- The consumer can use extrajudicial methods for handling complaints and bringing claims. The rules for access to these procedures are available at the premises or on the websites of entities authorised to carry out extrajudicial dispute resolution, such as, in particular, consumer ombudsmen or the Voivodeship Inspectorates of the Trade Inspection, a list whereof is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/.
- The authorised entity having jurisdiction over the registered address of the Seller in the meaning of Article 31 (1) of the Act dated 23 September 2016 on extrajudicial consumer dispute resolution shall be (in accordance with the list made available on the website of the Office of Competition and Consumer Protection https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php) Trade Inspection – Małopolskie Voivodeship Trade Inspector in Cracow. The website address of the authorized entity is as follows: www.krakow.wiih.gov.pl.
- An online platform for EU consumer – entrepreneur dispute resolution (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking extrajudicial resolution of disputes concerning contractual obligations arising from online contracts of sale or agreements for the provision of services.
XIII. Final provisions
- The Terms and Conditions shall be made available on the Shop Website at https://etherealwings.eu in a form enabling obtainment, viewing and recording of the same with the User’s ICT system.
- Provisions hereof are not designed to restrict or exclude any Users’ rights under the law. The Seller shall respect any and all Users’ rights stipulated in applicable laws, in particular those stipulated in the provisions of the Act dated 23 April 1964 – the Polish Civil Code, and the Act dated 30 April 2014 on consumer rights.
- The Seller stipulates the right to amend these Terms and Conditions for important reasons covering:
- amendments to the law
- organizational reasons, in particular:
- changes in the scope of activities carried out by the Seller, consisting in changes in the profile thereof, changes in the scope of the Goods offer, introduction of new services or functionalities (including those related to the conclusion and termination of contracts and agreements),
- changes in: contact data, name or legal form of the Seller,
- changes in the range of payment methods,
- changes in the methods of delivery of Goods,
- other technical changes related to the functioning of the Shop.
- Each User shall be informed of the content of the amendments to the Terms and Conditions by means of information made available on the Shop Website at https://etherealwings.eu via e-mail from firstname.lastname@example.org .
- The Online Shop Terms and Conditions shall apply as of 25.11.2023, subject to that this version thereof was published on 25.11.2023r.