Terms and Conditions
1. Scope of the Terms and Conditions and Seller Information
These Terms and Conditions govern the ordering and purchase of products from EMYS Sp. z o.o. (“EMYS”), both through the online store at LINK and through direct sales. They also govern the use of the website and the EMYS Space mobile application. EMYS Sp. z o.o., with its registered office in Wrocław, Poland, at ul. Podwale 62A/014, 50-010 Wrocław, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000759900, NIP (Tax Identification Number): 8943135456, share capital: PLN 725,000. Contact: contact@emys.co or through the contact form at LINK.
Customers may be consumers or business customers, including schools and distributors. Anyone placing an order on behalf of an organization represents that they are authorized to do so. The online store and the EMYS Space mobile application are intended for adults.
2. Products, Descriptions and Availability
EMYS sells educational robots, thematic kits, accessories and other related products, and may provide additional educational materials, including downloadable and printable resources. The scope of each kit, its contents, and the product's functionality are defined by the product description available on the EMYS website at the time the order is placed or by an individual offer accepted by the parties. Illustrations and colors displayed on a screen may differ slightly from the actual product.
EMYS makes reasonable efforts to ensure that information published on its website is accurate and up to date. However, general, informational, and archived content may become outdated. Offers, stock levels, product ranges, prices and future availability may change before a contract is concluded. EMYS may, in justified circumstances, limit quantities or decline to accept a proposed order before its acceptance, in accordance with applicable law. EMYS does not guarantee the indefinite availability of any particular product, accessory, feature or educational material.
3. Orders and formation of contract
Submitting an order constitutes an offer to purchase, not automatic acceptance by EMYS. An order-receipt message merely acknowledges receipt. A sales contract is formed when EMYS expressly accepts the order by email or issues an order confirmation clearly stating acceptance; an automated receipt alone does not constitute acceptance. EMYS may request verification of order details before acceptance. For orders paid manually, EMYS may send a pro forma payment request after reviewing the order. Unless EMYS has already expressly accepted the order, a pro forma request does not itself constitute acceptance.
The amount payable is the amount stated in the EMYS pro forma reflecting any applicable individually confirmed price. The VAT invoice is issued in accordance with applicable law. Before accepting an order, EMYS may decline to accept it or propose changes due to stock shortages, obvious errors, suspected fraud, or other legitimate reasons. Where an error is identified after acceptance, the parties’ rights are governed by applicable law; EMYS does not reserve an unrestricted right to cancel an existing contract.
4. Prices, payment and individual commercial terms
Prices displayed in the shop are normally stated in EUR unless otherwise indicated. Any PLN conversion shown for accounting or invoicing may use the National Bank of Poland exchange rate from the preceding business day where legally applicable; a bank or card provider may use a different rate or charge fees. Taxes and delivery charges are disclosed as required before purchase. An individual price or discount expressly confirmed by EMYS by email before an order is placed applies to the specified order even if the shop displays a higher standard catalogue price.
For manual-payment orders, the amount stated in the corresponding EMYS pro forma, reflecting the agreed terms, is payable. An individually confirmed price applies only to the identified products, quantities, customer and validity period. Distributor discounts, minimum order quantities and other individual commercial conditions must be expressly confirmed by EMYS. Granting a discount despite an unmet condition, or on an exceptional occasion, does not create a permanent entitlement or amend the conditions for future orders. No discount, distributor status or exclusive right arises merely from previous purchases. Unless EMYS expressly agrees otherwise in writing, individual arrangements vary only the commercial points they specifically address and do not displace the remainder of these Terms.
5. Customer Information and Order Integrity
Customers must provide accurate contact, delivery and billing information, including VAT details where applicable, and promptly correct any material errors. EMYS may contact customers to verify order details or arrange delivery. If a customer provides incorrect or incomplete delivery information, the customer shall bear reasonable additional costs resulting from that error, particularly the costs of returning the shipment and reshipping the product. If the customer's error results in the loss of a shipment or other damage, the customer's liability shall be determined in accordance with applicable law. Fraudulent orders, unauthorized use of another person's information, and interference with the ordering or payment process are prohibited.
6. Shipping, Returns and Warranty
The rules governing shipping, returns and EMYS's voluntary manufacturer's warranty are set out in the Shipping, Returns & Warranty Policy which forms an integral part of these Terms and Conditions. This policy specifies the warranty periods and coverage, service procedures, exclusions and transport arrangements. EMYS provides a voluntary manufacturer's warranty in accordance with that policy. The warranty does not replace any mandatory statutory rights against the seller. A distributor who resells a robot remains the seller in relation to its own customer and retains the associated obligations. End customers may contact EMYS directly under the manufacturer's warranty. Business distributors agree to provide reasonable assistance with the collection, transfer and return of a robot if EMYS requests their help in handling a warranty service claim. These Terms and Conditions do not limit consumers' mandatory statutory rights, including rights relating to goods that do not conform to the contract and withdrawal from distance contracts.
7. Robot Software and Updates
The EMYS robot is a standalone physical product whose core functions do not require an internet connection, EMYS Space, or an active online subscription. The embedded software is provided for the intended use of the robot. Purchasing the device does not transfer any copyright or other intellectual property rights in the software. EMYS also offers thematic kits containing physical educational accessories, such as cards, plush toys, or cubes, which the robot uses during lessons. Using a particular kit requires the appropriate robot software. The software supporting a kit is usually already installed on the robot, but older devices may require an update. Updates provided by EMYS can be downloaded from the website onto a USB drive and installed on the robot without connecting it to the internet. Access to certain software updates and resources provided by EMYS may require signing in to a user account.
EMYS may provide fixes, updates, improvements, and additional features, but does not undertake to continuously develop new features, regularly publish new lesson scenarios, or provide future enhancements indefinitely. A specific update or additional content is guaranteed only where expressly provided for in the contract. This does not limit any obligation to provide updates arising under applicable law or EMYS's express contractual commitments. Customers may use the embedded software in accordance with its intended educational purpose. Unauthorized copying, distribution, sublicensing, circumvention of security measures, and modification of protected software are prohibited, subject to rights that cannot be excluded by law.
8. EMYS Space and Online Features
EMYS Space is an optional mobile application intended for adults, providing access to selected content and features of the EMYS website. Access to user manuals, instructional videos, lesson plans, and certain other materials in EMYS Space requires signing in and providing the robot's serial number. The application operates independently of the robot's software and is not required for the robot to function. EMYS may modify, limit, or discontinue optional, free online features, subject to applicable law and express contractual commitments. EMYS does not guarantee uninterrupted or indefinite availability of the application or free online content. Interruptions may result from maintenance, technical failures, or third-party infrastructure. Digital services purchased separately or expressly promised are governed by the relevant agreement and applicable law. Use of EMYS Space and the website must comply with applicable law and must not interfere with the operation of the systems or their use by others. EMYS may discontinue the EMYS Space application, particularly if it ceases to develop or maintain it. Selected educational and informational materials may continue to be made available through the EMYS website. Discontinuation of the application does not affect the operation of the robot.
9. Intellectual Property and Educational Materials
The EMYS name, trademarks, logos, robot character, its distinctive appearance, photographs, videos, website content, software, and educational materials are protected by intellectual property laws. Customers do not acquire any rights to these elements except as expressly granted under these Terms and Conditions or applicable law. Purchased robots may be used for their intended educational purposes, including ordinary teaching activities. EMYS educational materials may not be copied, republished, sold, distributed, uploaded to public repositories, or incorporated into third-party commercial content without EMYS's prior written consent, unless permitted by mandatory applicable law or an express license. This restriction does not apply to copying or printing materials expressly provided by EMYS for that purpose, within the scope of their ordinary educational use.
Ownership of a robot does not, in itself, grant any school, franchise, distributor, or other organization permission to use the EMYS name, logo, robot imagery, or other brand elements in its own advertisements, promotional campaigns, visual identity, or marketing materials. Such use requires EMYS's prior written consent, which may be given by email. Consent applies only to the approved materials, campaigns, entity, and scope, and does not automatically extend to other branches or campaigns. Previous tolerance of such use does not constitute permanent consent.
Official marketing materials provided by EMYS to authorized distributors may be used within the scope of the authorization granted, without requiring separate approval for each use. Materially altered or AI-generated images of the EMYS character must not be presented as official or approved by EMYS without prior written consent. Customers may truthfully state that they use or sell EMYS products, provided they respect trademark laws and do not imply any endorsement or affiliation that does not exist.
Materials expressly made available in the EMYS Press Kit may be used without individual permission for genuine press, editorial, and informational publications, subject to the terms specified in the Press Kit. This does not include third-party advertising, promotion, or branding, which requires prior written consent. Official promotional photographs and videos are available from EMYS upon request. EMYS may enter into separate agreements with selected business partners governing access to and use of EMYS marketing, educational, source materials, and other resources. Rights granted under such agreements apply only to the parties specified in those agreements and within the agreed scope.
10. Third-party websites and services
The EMYS website and EMYS Space application may contain links to independent third-party websites and services. EMYS does not control their content and is not responsible for separate purchases or agreements entered into directly with those third parties.
11. Governing Law and Disputes
These Terms and Conditions and agreements concluded under them are governed by Polish law. Disputes with business customers shall be resolved by the courts having jurisdiction over EMYS's registered office, provided that such an agreement on jurisdiction is legally permissible. These provisions do not limit consumers' rights under applicable law.
12. Changes to the Terms and Conditions
EMYS may publish updated versions of these Terms and Conditions on its website. Changes to the Terms and Conditions do not automatically affect previously concluded agreements. Each order is governed by the version of the Terms and Conditions in effect at the time the contract was concluded and properly made available to the customer before its conclusion, unless the parties agree otherwise.
13. Severability and Preservation of Rights
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain effective to the extent permitted by law. EMYS's failure to exercise a particular right, or any delay in exercising it, does not in itself constitute a waiver of that right.
14. Contact and Privacy
Questions regarding these Terms and Conditions may be sent to contact@emys.co or submitted through the contact form at LINK. Information about the processing of personal data in connection with purchases, use of the website and EMYS Space application, and after-sales support is provided in the Privacy Policy.