Online store regulations
We know that reading terms and conditions is not an exciting activity, so to make it easier for you to get to the most important information about our store and the rules of using it, we have prepared a summary of them.
1. The online store is the property of NAVIN PL LLC.
2. You can contact us by e-mail (info@navin.pl), traditional mail ( Stanisława Lema 17F/101, 31-571 Krakow) or by phone (+48 576-192-914).
3. In order to increase the convenience of shopping in our store, we encourage you to create an account, but it is not mandatory. Regardless, you can delete your account at any time.
4. All information about the goods available in the store and possible payment and delivery methods will be displayed on the screen of your device during the order process.
5. After placing an order, it is necessary to pay for it (an unpaid order may be cancelled).
6. The purchased goods, which should reach you intact, must be checked after the delivery of the goods. If the packaging of the goods, i.e. the carton, is not intact, you should write a damage report to the carrier's courier and immediately contact us by phone or e-mail, which must include photos of the damage. If this is not done, it will be charged for the damage sent by the buyer.
7. You can return the purchased goods without giving a reason within 14 days from the date of delivery. We will refund the money for the goods to you within 14 days from the day we receive the returned goods at the latest, minus shipping costs (transport from the seller to the customer) only after checking the goods for damage. Keep the original packaging and all fasteners on the heater intact.
8. Goods that have been fixed by the customer on the wall and then returned without giving a reason within 14 days from the date of their delivery will not be considered new and will not be reimbursed for them.
9. If the goods reach you damaged, defective or otherwise inconsistent with the sales contract, immediately file a complaint about it and they left in the most convenient way for you by e-mail or text message, obligatorily attach photos of the damage. We will try to respond to the complaint as soon as possible, but no later than 7 days from the date of its receipt. In a situation where we have the same goods in stock, we will offer you to exchange the goods for a new one at our expense and also at our expense we will order a courier to collect the defective goods at a time convenient for you.
10. In case of problems with your account, you have the right to file a complaint about it (please submit it by e-mail). We will try to respond to the complaint as soon as possible, but no later than 7 days from the date of its receipt.
11. In order to enable you to use the store and fulfill orders placed by you, we process your personal data. Detailed information on this can be found in our Privacy Policy on the www.navin.pl website.
The full content of the store's terms and conditions can be found below.
If you have any questions or concerns about the terms and conditions or shopping in our store, please contact us!
We wish you successful shopping!
TERMS AND CONDITIONS OF THE WWW.NAVIN.PL ONLINE STORE
Table of contents
General 2
Definitions 2
Technical requirements 3
Rules for using the Store 4
Account Service Agreement 4
Sales contract 6
Delivery of goods 7
Right to withdraw from the Sales Agreement 7
Complaints about Goods 8
Complaints regarding the Account Service 10
Reviews 11
Seller's Intellectual Property 13
Processing of personal data 14
Out-of-court dispute resolution 14
Changing the Account Service 14
Changes to the Terms and Conditions 15
Final provisions 15
§ 1.
General
1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") define the terms and conditions of use of the "NAVIN.PL" online store operating at the Internet address WWW.NAVIN.PL (hereinafter referred to as the "Store").
2. The Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "the Act on the provision of electronic services").
3. The Store is owned by NAVIN.PL limited liability company with its registered office in Krakow (registered office address: 36/128 Józefa Ignacego Kraszewskiego Street, 30-110 Krakow, Krakow district, MAŁOPOLSKIE province), registered in the DISTRICT COURT FOR KRAKOW ŚRÓDMIEŚCIE IN KRAKOW, XI COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under number 0000974857, with NIP: 6772478466, REGON number: 522174138 (hereinafter: "Seller").").
4. Contact with the Seller is possible via:
1) e-mail – at: sales@navin.pl;
2) traditional mail – at the following address: NAVIN PL SP.z.O.O., Vadym Shaforostov, 17F/101 Stanisława Lema Street, 31-571 Kraków;
3) phone – at +48 576-192-914.
5. As part of its business, the Seller:
1) sells Goods that can be purchased by Buyers;
2) provides the Account Service to Users.
6. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: "DSA"), the Seller has designated a contact point for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Council and Website Users on matters covered by the DSA. The contact point is available at: info@navin.pl.
7. Information about the Goods available in the Store, in particular their descriptions, technical and performance parameters and prices, constitutes an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (hereinafter: "Civil Code").
8. Before starting to use the Store, the Client is obliged to read the Terms and Conditions and the Privacy Policy.
§ 2.
Definitions
Capitalized words used in the Terms and Conditions have the following meanings:
1) Working day – a day that is not a Saturday, Sunday or other non-working day within the meaning of the provisions of the Act of 18 January 1951 on non-working days;
2) Customer – User or Buyer;
3) Civil Code – the term defined in § 1 section 6 of the Regulations;
4) Consumer – a natural person performing a legal transaction with the Seller that is not directly related to their business or professional activity;
5) Account – a panel created in the Store's IT system, enabling the User to use its functionalities, in particular to purchase Goods;
6) Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
7) Buyer's License – the term defined in § 11 section 8 of the Terms and Conditions;
8) Non-compliance – it means:
a) non-compliance of the Goods with the Sales Agreement (the criteria for assessing the conformity of the Goods with the Sales Agreement are specified in Article 43b(1)-(2) of the Consumer Rights Act), or
b) non-compliance of the Account Service with the Account Service Agreement (the criteria for assessing the compliance of the Account Service with the Account Service Agreement are specified in Article 43k(1)-(2) of the Consumer Rights Act);
9) Opinion - the Buyer's opinion on the Goods purchased by him/her, expressed by assigning points to the Goods on a scale specified by the Seller or by describing the experience related to the Goods;
10) Privacy Policy - a document containing information on the processing of Clients' personal data by the Seller;
11) Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by specific regulations, conducting business or professional activity in its own name;
12) Entrepreneur with Consumer Rights – a natural person conducting business or professional activity on their own behalf, who has concluded an Agreement with the Seller directly related to their business activity, but not having a professional character for this person, resulting in particular from the subject of their business activity;
13) Regulations – the term defined in § 1 section 1 of the Regulations;
14) Seller – the term defined in § 1 section 3 of the Terms and Conditions;
15) Goods - a movable item available in the Store within the meaning of the provisions of the Civil Code, which may be purchased by the Buyer, in particular bathroom radiators;
16) Agreement – Agreement for the provision of the Account Service or Sales Agreement;
17) Account Service Agreement – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
18) Sales Agreement – a sales agreement within the meaning of the provisions of the Civil Code, on the basis of which the Seller undertakes to transfer the ownership of the Goods to the Buyer and hand over the Goods to him, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
19) Account Service – a digital service within the meaning of the provisions of the Act on Consumer Rights, consisting in the creation and maintenance of an Account by the Seller for the benefit of the User;
20) Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights;
21) Act on the provision of electronic services – the term defined in § 1 section 2 of the Terms and Conditions;
22) User – a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Account Service Agreement with the Seller or has taken steps to conclude it;
23) Order – the term defined in § 6 section 4 of the Terms and Conditions.
§ 3.
Technical requirements
1. In order for the Clients to properly use the Store, it is necessary jointly:
1) Internet connection;
2) having devices that allow you to use Internet resources;
3) using a web browser that allows hypertext documents to be displayed on the screen of the device, linked to the Internet by a web service and that supports the JavaScript programming language, and also accepts cookies;
4) having an active e-mail account.
2. Within the Store, it is forbidden for the Customers to use viruses, bots, worms or other computer codes, files or programs (in particular those automating the processes of scripts and applications or other codes, files or tools).
3. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, the use of access passwords and antivirus or anti-unwanted software programs.
4. The Seller informs that despite the application of the security measures referred to in paragraph 3 above, the use of the Internet and services provided by electronic means may be at risk of malware getting into the Client's ICT system and device or gaining access to data on this device by third parties. In order to minimize the above-mentioned threat, the Seller recommends the use of antivirus programs or means of protecting identification on the Internet.
§ 4.
Rules for using the Store
1. The Client is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Terms and Conditions, as well as with good practices.
2. The provision of illegal content by the Client is prohibited.
3. The prices of the Goods available in the Store are expressed in Polish zlotys (PLN) and constitute a gross value (they include all mandatory price components, including due VAT).
4. The Buyer may purchase Goods both after creating an Account and without creating one. If the Account is created, the Buyer should log in to it before starting shopping.
§ 5.
Account Service Agreement
1. In order to conclude the Agreement for the provision of Account Service, the User should perform the following actions:
1) go to the Store's website, select the necessary goods, put them in the cart, and then click on the "Order" tab,
2) In the displayed form, select the "without registration" or "with registration" tab, and then enter the following data:
- when selecting the "without registration" tab:
a) name and surname;
b) e-mail address;
c) contact telephone number;
d) Address (for shipping if you are a private person; business address and shipping address if you are a legal entity);
e) in the Comment field, you can enter the NIP number (if it is a legal entity).
- when selecting the "With registration" tab:
a) name and surname;
b) e-mail address and e-mail confirmation;
c) contact telephone number;
d) Address (for shipping if you are a private person; business address and shipping address if you are a legal entity);
e) a password to the Account created by the User;
f) in the Comment field, you can enter the NIP number (if it is a legal entity).
3) it is mandatory to tick the checkbox next to the declaration of reading the Terms and Conditions and the Privacy Policy and accepting their provisions, and when the delivery and billing addresses are the same;
4) optionally - tick the checkbox next to the declaration of consent to receive the Newsletter.
5) Create an account.
2. Creating an account is tantamount to concluding an Account Service Agreement by the User.
3. The User gains access to the Account immediately after creating the account.
4. After creating an Account, the User can make changes to the data stored on it.
5. By means of the Account, the User may, in particular:
1) store your personal data;
2) place Orders and view placed Orders.
6. Vendor informs, and you acknowledge, that you do not need to install updates to the Account Service Agreement to comply with the Account Service Agreement.
7. If the User is not granted access to the Account immediately after concluding the Agreement for the provision of the Account Service, the User calls the Seller to immediately grant access to the Account. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. If the Seller does not grant the User access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Account Service Agreement.
8. Notwithstanding the provisions of section 7 above, if the User is not granted access to the Account, the User may withdraw from the Account Service Agreement without calling the Seller to grant access to the Account, if at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act occurs.
9. Notwithstanding the provisions of sections 7-8 above, the User may terminate the Account Service Agreement at any time and without giving a reason with immediate effect. In addition, pursuant to Article 27 et seq. of the Consumer Rights Act, the User may withdraw from the Account Service Agreement without giving a reason, within 14 (fourteen) days from the date of its conclusion.
10. Withdrawal from the Account Service Agreement or its termination, regardless of the basis for this action, takes place by the User submitting to the Seller a statement of withdrawal from the Account Service Agreement or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence.
11. If the User uses the Account in a manner contrary to the provisions of generally applicable law, the provisions of the Terms and Conditions or good practices, as well as the provision of illegal content by the User, the Seller may terminate the Agreement for the provision of the Account Service with a notice period of 7 (seven) days, by submitting a notice of termination to the User by e-mail. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted. During the notice period, the Seller may block the User's access to the Account for a period not exceeding 1 month, if it is necessary to prevent further violations by the User.
12. In the event of application of the measure referred to in paragraph 11 above, the User against whom the measure was applied may file an appeal on the terms described in § 11 of the Terms and Conditions.
13. Blocking or deleting the Account does not affect the performance of Sales Agreements concluded by the User before blocking or deleting the Account.
§ 6.
Sales contract
1. In order to conclude the Sales Agreement, the Buyer should perform the following actions:
1) go to the Store's website;
2) go to the tab of the selected Product and click the "add to cart" button;
3) go to the "Order" tab and click the "Checkout" button;
4) Enter or select the following data in the form that appears:
a) name and surname;
b) e-mail address;
c) telephone number;
d) address of residence/business (street, house number, apartment number, city, postal code, country);
e) delivery address (if different from your home/business address);
f) optionally, enter the name of the company and NIP (tax identification number) in the comment to the order (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer rights);
g) payment method;
h) shipping method;
5) it is mandatory to tick the checkbox next to the declaration of reading the Terms and Conditions and the Privacy Policy and accepting their provisions;
6) optionally - tick the checkbox next to the declaration of consent to receive the Newsletter;
7) click the "Confirm order" button and then pay for the Goods according to the selected payment method.
2. The Buyer may choose one of the following methods of delivery of the Goods:
1) DPD courier delivery;
2) personal collection at: 15 Kornela Makuszyńskiego Street, 31-752 Kraków.
3. The Buyer may pay the price for the Goods:
1) by bank transfer to the Seller's bank account;
2) by transfer using the payment system (BLIK, GooglePay, Transfer, INSTALLMENTS);
3) payment on delivery of the Goods delivered by DPD courier (cash or payment card).
4. By clicking the "Continue" or "Confirm Order" button, the Buyer submits an offer to purchase the selected Goods (hereinafter: "Order").
5. After placing the Order, the Buyer receives a confirmation of its placement to the e-mail address provided by the Buyer or a text message to the mobile phone number provided by the Buyer.
6. If it is not possible to complete the Order, the Seller notifies the Buyer about it by means of a message sent to the e-mail address provided by the Buyer or by phone. In the case referred to in the preceding sentence, the Sales Agreement is not concluded between the Seller and the Buyer. If the Order referred to in this paragraph 6 has been previously paid by the Buyer, the Seller shall immediately return all payments made by the Buyer.
7. In the case of submitting the Order for processing, the Seller notifies the Buyer about it by means of a message sent to the e-mail address provided by the Buyer or by phone. At the moment of receiving the message referred to in the preceding sentence by the Buyer, the Sales Agreement is concluded between the Seller and the Buyer.
8. If the placed Order, in relation to which the Buyer has chosen the option of payment for the Goods before its delivery, is not paid within 2 (two) business days from the date of its placement, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order takes place by sending an appropriate statement by the Seller to the e-mail address provided by the Buyer.
§ 7.
Delivery of goods
1. If the Buyer has chosen the option of collecting the Goods in person, they may collect them at the following address: Kornela Makuszyńskiego 15, 31-752 Kraków within 3 (three) days from the date of receipt of a message from the Seller confirming that the Goods have been prepared for collection.
2. If the Buyer fails to collect the Goods within the time limit specified in paragraph 1 above, the Seller has the right to withdraw from the Sales Agreement within 3 (three) days from the date of ineffective expiry of the deadline for collecting the Goods. Withdrawal from the Sales Agreement and cancellation of the Order takes place by sending an appropriate statement by the Seller to the e-mail address provided by the Buyer. If the Buyer has paid for the Goods before the Seller withdraws from the Sales Agreement, the Seller returns all payments made by the Seller immediately after the withdrawal from the Sales Agreement.
3. The Seller carries out the shipment of Goods to addresses located in the territory of the Republic of Poland/European Union/selected countries.
4. In the case of shipment of the Goods to countries outside the European Union, the Buyer bears the costs of customs duties. Detailed information on the amount of fees due can be found by the Buyer on the website of the Integrated Tariff of the European Communities (TARIC), containing the current rates of due fees (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
5. Shipping costs of Goods from 500 PLN are covered by the Seller.
6. The Goods are shipped within 2 working days from the date of receipt by the Buyer of the message about the transfer of the Order for execution - if the Buyer chooses the option of paying the price for the Goods upon delivery.
7. The Seller is obliged to deliver the Goods to the Buyer in accordance with the Sales Agreement applicable to him.
8. The purchased goods, which should reach the Buyer intact, must be checked after the delivery of the Goods. If the packaging of the goods, i.e. the carton, is not intact, he should write a damage report to the carrier's courier and immediately contact the Seller by phone or e-mail, obligatorily attach photos of the damage. If this is not done, it will be charged for damage caused by the Buyer.
9. If the Goods are delivered by a DPD courier, the Buyer should check the Goods in his presence.
10. If the goods reach the Buyer damaged, defective or otherwise inconsistent with the sales contract, the Buyer should immediately file a complaint about it and send it in the most convenient way for him, by e-mail or text message he must attach photos of the damage. The Seller will try to respond to the complaint as soon as possible, but not later than 7 days from the date of its receipt. In a situation where the Seller has the same goods in stock, he will offer the Buyer to exchange the goods for a new one (shipment of the Goods at the Seller's expense) and will also order a DPD courier to collect the defective goods at a time convenient for the Buyer (order a DPD courier at the Seller's expense).
§ 8.
Right to withdraw from the Sales Agreement
1. The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with the rights of a Consumer.
2. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of coming into possession of the Goods by him or a third party indicated by the Buyer who is not a carrier. In this case, the shipping costs (transport from the seller to the customer) will be the responsibility of the Buyer.
3. The Buyer exercises the right to withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal from the Sales Agreement (hereinafter: "Statement"). In order to meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Statement before the expiry of the deadline referred to in paragraph 2 above.
4. The statement may be submitted by the Buyer in any form, in particular on the form constituting Appendix No. 2 to the Act on Consumer Rights.
5. The Buyer may submit a Statement in the form of:
1) Electronic;
2) Paper.
6. If the Statement is selected in electronic form, the Buyer should send an e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions with a message containing the following elements:
1) the Buyer's name and surname;
2) order number and date;
3) e-mail address;
4) a clear statement of withdrawal from the Sales Agreement;
5) indication of the Goods (model name or product code) to which the withdrawal from the Sales Agreement relates.
7. In the case of choosing the Statement in paper form, the Buyer should print and fill in the form constituting Appendix No. 1 to the Terms and Conditions and then send it together with the Goods to the address indicated in section 10 below. However, if there is a Statement in paper form, you must send the Goods only after notifying the Seller about the return.
8. The Seller sends the Buyer a confirmation of receipt of the Statement immediately after its receipt, by e-mail.
9. In the event of exercising the right to withdraw from the Sales Agreement, the Buyer should send the Goods back to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. In order to meet the deadline referred to in the preceding sentence, it is sufficient to send back the Goods before its expiry.
10. The Goods should be sent back to the following address: NAVIN PL SP.z.O.O., Vadym Shaforostov, Stanisława Lema 17F/101, 31-571 Kraków.
11. The Buyer bears the direct costs of returning the Goods.
12. Payments made by the Buyer shall be refunded upon receipt by the Seller of the returned Goods only after the Goods have been checked for damage or traces of fixing on the wall. The costs for the goods will be refunded to the Buyer no later than within 14 days from the date of receipt by the Seller of the returned goods, minus shipping costs (transport from the seller to the customer). Keep the original packaging and all fasteners on the heater intact.
13. The refund is made using the same method of payment as was used by the Buyer in the original transaction, unless the Buyer expressly agrees otherwise. The buyer does not bear the cost of returning the payment made.
14. The Buyer is responsible for the decrease in the value of the Goods resulting from using them in a manner other than it was necessary to determine the nature, characteristics and functioning of the Goods. This means that the Goods that have been fixed by the customer on the wall and then returned without giving a reason within 14 days from the date of their delivery will not be considered new and the amount of the return will be reduced or the costs will not be reimbursed depending on the traces of use. The final decision is left behind the Seller.
15. The Buyer does not have the right to withdraw from the Sales Agreement if:
1) The Goods are non-prefabricated items, manufactured according to the Buyer's specifications or used to meet their individual needs;
2) A good is an item that deteriorates quickly or has a short shelf life;
3) Goods are items delivered in sealed packaging, the opening of which cannot be returned for health reasons or hygienic reasons, if the packaging has been opened after delivery;
4) A good is an item which, after delivery, due to its nature, has been inseparably connected with other things;
5) An Item is an audio or visual recording or a computer program delivered in a sealed package if the package has been opened after delivery.
§ 9.
Complaints about Goods
1. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty towards the Buyers who are Entrepreneurs is excluded. The further provisions of this § 9 apply only to:
1) a Buyer who is a Consumer or an Entrepreneur with Consumer rights;
2) Non-conformity of the Goods with the Sales Contract.
2. The goods delivered to the Buyer by the Seller must be in accordance with the Sales Agreement.
3. The Seller shall be liable for the Non-Conformity existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that moment, unless the expiry date of the Goods for use is longer.
4. In the event of revealing a Non-Conformity, the Buyer is entitled to the rights indicated in Article 43d et seq. of the Consumer Rights Act. The Buyer's rights indicated in the preceding sentence are exercised in accordance with the provisions of the Act on Consumer Rights and the provisions of this § 9.
5. In the event of revealing a Non-Compliance, the Buyer may file a complaint requesting the following:
1) repair the Goods, or
2) exchange of the Goods.
6. The complaint shall be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
7. The complaint should include:
1) the Buyer's name and surname;
2) e-mail address;
3) Order number;
4) the date of delivery of the Goods;
5) a description of the disclosed Non-conformity;
6) request repair or replacement of the Goods.
8. If the Seller receives a request:
1) repair of the Goods – the Seller is entitled to replace the Goods;
2) replacement of the Goods – the Seller is entitled to repair the Goods;
– if the method of bringing the Goods into conformity with the Sales Agreement chosen by the Buyer is impossible or would require the Seller to incur excessive costs.
9. In the event that both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
10. After considering the complaint, the Seller provides the Buyer with a response to the complaint, in which:
1) accepts the complaint and indicates the planned date of implementation of the Buyer's request;
2) acknowledges the complaint and informs the Buyer about the Seller's exercise of the right referred to in paragraph 8 above;
3) refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in section 9 above;
4) rejects the complaint due to its unfoundedness.
11. The Seller responds to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
12. In the cases referred to in section 10 points 1-2 above, the Seller at its own expense brings the Goods into conformity with the Sales Agreement within a reasonable time from the moment of receipt of the complaint and without excessive inconvenience for the Buyer, taking into account the specificity of the Goods and the purpose for which the Buyer purchased them. The planned date of bringing the Goods into conformity with the Sales Agreement is indicated by the Seller in the response to the complaint.
13. The Buyer makes available to the Seller the Goods to be repaired or replaced. The Seller collects the Goods from the Buyer at his own expense.
14. The Buyer is not obliged to pay for the ordinary use of the Goods, which were subsequently replaced.
15. In the event of revealing the Non-Compliance, the Buyer may submit to the Seller a statement on price reduction or withdrawal from the Contract, when:
1) The Seller refused to bring the Goods into conformity with the Sales Agreement for the reasons indicated in paragraph 9 above;
2) The Seller has not brought the Goods into conformity with the Sales Agreement in accordance with sections 12-13 above;
3) The non-compliance continues despite the fact that the Seller has tried to bring the Goods into conformity with the Sales Agreement;
4) The non-compliance is so significant that it justifies withdrawal from the Sales Contract without prior demand from the Seller to bring the Goods into conformity with the Sales Contract;
5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
16. A statement on price reduction or withdrawal from the Sales Agreement may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
17. The statement on price reduction or withdrawal from the Sales Agreement should include:
1) the Buyer's name and surname;
2) e-mail address;
3) Order number;
4) the date of delivery of the Goods;
5) a description of the disclosed Non-conformity;
6) indication of the reason for making the statement, selected from among the reasons indicated in paragraph 15 above;
7) a statement on the reduction of the price of the Goods, together with an indication of the reduced price of the Goods, or a statement on withdrawal from the Sales Agreement.
18. The reduced price must remain in such proportion to the price resulting from the Sales Agreement in which the value of the Goods not in conformity with the Sales Agreement remains to the value of the Goods in accordance with the Sales Agreement. The Seller returns to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
19. The Buyer may not withdraw from the Sales Contract if the Non-Conformity is insignificant.
20. In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at his expense. The Goods should be sent back to the following address: NAVIN PL SP.z.O.O., Vadym Shaforostov, Stanisława Lema 17F/101, 31-571 Kraków.
21. The Seller returns the price of the Goods to the Buyer immediately, not later than within 14 (fourteen) days from the date of receipt of the Goods or the proof of sending them back, whichever occurs first. The refund is made using the same means of payment as was used by the Buyer in the original transaction, unless the Buyer expressly agrees to another method of refund that does not involve any costs for the Buyer.
§ 10.
Complaints regarding the Account Service
1. The provisions of this § 10 apply only to Users who are Consumers or Entrepreneurs with Consumer rights.
2. The Account Service provided to you by Vendor must comply with the Account Service Agreement for the entire term of the Account Service.
3. Vendor is responsible for any Non-Conformity disclosed during the period of provision of the Account Service.
4. In the event of revealing a Non-compliance, the User may file a complaint requesting that the Account Service be brought into compliance with the Account Service Agreement.
5. The complaint shall be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
6. The complaint should include:
1) User's name and surname;
2) e-mail address;
3) a description of the disclosed Non-conformity;
4) request that the Account Service be brought into compliance with the Account Service Agreement.
7. The Merchant may refuse to bring the Account Service into conformity with the Account Service Agreement if this is impossible or would require the Merchant to incur excessive costs.
8. After considering the complaint, the Seller provides the Client with a response to the complaint, in which:
1) acknowledges the complaint and indicates the planned date of bringing the Account Service into compliance with the Account Service Agreement;
2) refuses to bring the Account Service into compliance with the Account Service Agreement for the reasons indicated in section 7 above;
3) rejects the complaint due to its unfoundedness.
9. The Seller responds to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
10. If the complaint is accepted, the Seller at its own expense brings the Account Service into compliance with the Account Service Agreement within a reasonable time from the moment of receipt of the complaint and without excessive inconvenience to the User, taking into account the nature of the Account Service and the purpose for which it is used. The planned date of bringing the Account Service into compliance with the Account Service Agreement is indicated by the Seller in the response to the complaint.
11. In the event of revealing a Non-Compliance, the Client may submit to the Seller a statement of withdrawal from the Agreement for the provision of Account Service, when:
1) bringing the Account Service into compliance with the Account Service Agreement is impossible or requires excessive costs;
2) Vendor has not brought the Account Service into compliance with the Account Service Agreement in accordance with paragraph 10 above;
3) The discrepancy persists even though Vendor has attempted to bring the Account Service into compliance with the Account Service Agreement;
4) The discrepancy is so significant that it justifies withdrawal from the Account Service Agreement without prior request from the Merchant to bring the Account Service into compliance with the Account Service Agreement;
5) it is clear from Vendor's statement or circumstances that Vendor will not bring the Account Service into conformity with the Account Service Agreement within a reasonable time or without undue inconvenience to you.
12. A statement of withdrawal from the Agreement for the provision of the Account Service may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
13. The statement of withdrawal from the Account Service Agreement should include:
1) the Client's name and surname;
2) e-mail address;
3) the date on which the Account Service was provided;
4) a description of the disclosed Non-conformity;
5) indication of the reason for making the statement, selected from among the reasons indicated in section 11 above;
6) declaration of withdrawal from the Account Service Agreement.
14. In the event of withdrawal from the Account Service Agreement by the User, the Seller deletes the Account immediately after receiving the statement of withdrawal from the Account Service Agreement.
§ 11.
Reviews
1. The Buyer who has purchased the Goods and used them personally may leave their Feedback regarding this Goods on the store's website in the "Reviews" section.
2. A review on the store's website in the "Reviews" section should obligatorily include:
a) Name;
b) Give a rating;
c) Comment;
d) Optional - "Benefits" and "Incompatibilities".
3. The Seller makes sure that the Review is published on the website to ensure that it does not violate the provisions of the Terms and Conditions. However, this does not exclude the removal of an Opinion that has already been published, if it turns out to be inconsistent with the Terms and Conditions after its publication.
4. It is forbidden to include in Reviews:
1) false data, contrary to the law, the Terms and Conditions or good practices;
2) Content that is prohibited by law, incites violence, hatred, or insults any group or individual.
3) content that may infringe personal rights, copyrights, right of image or other types of rights of third parties;
4) advertising, promotional, political, religious or discriminatory content;
5) content promoting competitive activity against the Seller.
5. Any person using the Store's website (hereinafter: "Applicant") is entitled to submit a Review that may violate the Terms and Conditions.
6. Applications can be made:
6) by e-mail to the following address: info@navin.pl.
7. The Feedback submission should include the following information:
7) a sufficiently substantiated explanation of the reasons why the Opinion constitutes illegal content;
8) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the Feedback, as appropriate to the type of Feedback and the functionality of the Store;
9) the name and e-mail address of the Reporting Person, except for a report concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
10) a statement confirming the Whistleblower's belief in good faith that the information and allegations contained therein are correct and complete.
8. After receiving the application, the Seller sends the Applicant a confirmation of its receipt to the e-mail address indicated by the Applicant.
9. If the application does not contain the elements indicated in paragraph 8 above or contains errors, the Seller may request the Applicant to supplement or correct the application within 14 days from the date of receipt of the above-mentioned request. If the Applicant does not supplement or correct the application within the time limit indicated in the preceding sentence, the Seller may leave the application without consideration.
10. The Seller verifies the submitted Review within 14 days from the date of receipt of a complete and correct report. As part of the verification activities, if necessary, we will ask the applicant to send the necessary additional information or documents. Until we hear your report, we may block the Feedback from being visible.
11. After verifying the Application, the Seller:
11) removes the Review that violates the Terms;
12) restores the Opinion that does not violate the rules resulting from the Terms and Conditions (if its visibility was blocked at the stage of verification of the Application), giving the justification for the decision.
12. In the event of removal of the Review, the Seller immediately notifies both the Applicant and the Buyer who published the removed Review, stating the justification for their decision.
13. The justification of the Seller's decision includes:
1) an indication of whether the decision includes the removal of the Review, blocking its visibility, depositioning or imposes other measures referred to in the Terms and Conditions in relation to this Opinion and, where applicable, the territorial scope of the decision and its duration;
2) the facts and circumstances on the basis of which the decision was made, including, where applicable, whether the decision was made on the basis of a report made by the Reporter or on the basis of voluntary verification activities carried out at the initiative of the Seller and, where strictly necessary, the identity of the Applicant;
3) where applicable, information on the use of automated means in decision-making, including whether a decision was made in relation to Feedback detected or identified using automated tools;
4) if the decision relates to a potentially prohibited Opinion, an indication of the legal basis or contractual basis on which the decision is based and an explanation of the reasons why the Opinion is considered to be unlawful on that basis;
5) clear and friendly information for the Buyer and the Applicant on their options to appeal against the decision.
14. Buyers whose Feedback has been removed or Submitters who are denied removal by the Seller may appeal against the Seller's decision.
15. The appeal can be submitted by e-mail – to the following address: info@navin.pl
16. The appeal should include:
1) name and surname or name of the appellant,
2) contact details (e-mail address, correspondence address),
3) a detailed justification why, in the appellant's opinion, why the Seller's decision is wrong and should be changed.
17. The Seller shall immediately confirm receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.
18. Appeals are considered within 14 days from the date of their receipt by the Seller's authorized team (these activities will not be carried out in an automated manner, without human participation).
19. Leaving a Review is tantamount to the Buyer making a statement that he is the sole author of the Review. The Buyer is responsible for the content of the Review and the consequences of its publication (including infringement of personal rights and intellectual property rights of third parties).
20. Leaving a Review is tantamount to granting the Seller a free, non-exclusive license to use it (hereinafter: "Buyer's License").
21. The Buyer's license is granted for an indefinite period of time (with the possibility of termination for two years in advance, effective at the end of the calendar year) and without territorial limitations, and includes the use of the Feedback in the following fields of use:
a. fixation and reproduction in any quantity, by any technique and in any format;
b. dissemination in any way, by any means of communication, in particular by publication in the Store and in the Seller's social media.
22. The Buyer's license authorizes the Seller to grant any selected third parties further licenses to use the Feedback. Further licence referred to in the preceding sentence may be granted by the Seller for a fee or free of charge.
23. The Buyer undertakes not to exercise the author's moral rights to the Feedback (including the right to mark the authorship of the Opinion and the right to supervise the use of the Review) and authorizes the Seller to exercise these rights on behalf of the Buyer.
§ 12.
Seller's Intellectual Property
1. All components of the Online Store, in particular:
1) the name of the Store;
2) the Store's logo;
3) photos and descriptions of the Goods;
4) the principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including the provisions of European Union law.
2. Any use of the Seller's intellectual property without its prior express permission is prohibited.
§ 13.
Processing of personal data
Information on the processing of personal data by the Seller can be found in the Privacy Policy available at www.navi.pl.
§ 14.
Out-of-court dispute resolution
1. The provisions of this § 14 apply only to Clients who are Consumers.
2. The Client has the option of using out-of-court methods of handling complaints and pursuing claims.
3. Detailed information on the possibility of using out-of-court methods of handling complaints and pursuing claims by the Client, as well as the rules of access to these procedures, are available at the offices and on the websites:
1) district (municipal) consumer ombudsmen and social organizations, whose statutory tasks include consumer protection;
2) Provincial Inspectorates of Trade Inspection;
3) Office of Competition and Consumer Protection.
4. The Client may also use the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
5. The Seller informs that unless such an obligation arises from the mandatory provisions of law, he does not use out-of-court methods of dealing with complaints and pursuing claims. In addition, the Seller does not undertake to use the ODR platform referred to in paragraph 4 above.
§ 15.
Changing the Account Service
1. The Seller may change the Account Service in the event of:
1) the need to adapt the Account Service to new devices or software used by Users to use the Account Service;
2) the Merchant decides to improve the Account Service by adding new functionalities to it or modifying the existing functionalities;
3) a legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
2. Changing the Account Service may not involve any costs on the part of the User.
3. The Vendor informs the Users about the change of the Account Service by placing a message on the Account informing about the changes. Independently, information about the change may be sent to Users by e-mail.
4. If a change in the Account Service will significantly and negatively affect the User's access to the Account Service, the Seller is obliged to inform the User about:
1) the characteristics and timing of the amendment, and
2) the User's right to terminate the Account Service Agreement with immediate effect within 30 (thirty) days of the change.
5. The information referred to in paragraph 4 above is sent by the Seller to the Users via e-mail, no later than 7 (seven) days before the change is made.
6. Termination of the Account Service Agreement by the User pursuant to section 4 point 2 above takes place by submitting to the Seller a statement of termination of the Account Service Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence.
§ 16.
Changes to the Terms and Conditions
1. The Seller may amend the Terms and Conditions in the event of:
1) changes to the Seller's data;
2) changes in the Seller's business;
3) the Seller begins to provide new services, modifies or ceases to provide services provided so far;
4) make technical modifications to the Store requiring adaptation of the provisions of the Terms and Conditions to them;
5) legal obligation to make changes, including the obli