Terms and Conditions

Introduction

The online store "Nvectech.com" available at https://nvectech.com (hereinafter referred to as the "Online Store") is operated by NVECTECH PL Sp. z o.o., located at Aleje Jerozolimskie 89/43, 02-001 Warsaw, Poland, VAT ID: 7011203058; email address: pl@nvectech.com, phone: +48512605809.

This document (also constituting the terms and conditions under the Act of 18 July 2002 on the provision of electronic services), hereinafter referred to as the "Terms and Conditions," defines the types and scope of services provided electronically via the Online Store, the rules for concluding sales agreements via the Online Store, the rules for performing these agreements, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the agreement and complaint handling.

§1 Definitions

Online Store – the online store available at https://nvectech.com.

Seller – NVECTECH PL Sp. z o.o., located at Aleje Jerozolimskie 89/43, 02-001 Warsaw, Poland, VAT ID: 7011203058.

Customer – a natural person, legal entity, or organizational unit without legal personality, which is granted legal capacity by law, entering into an agreement with the Seller.

Consumer – a natural person entering into a legal transaction with the Seller not directly related to their business or professional activity.

Service – electronic services provided by the Seller via the Online Store.

Sales Agreement – an agreement concluded remotely between the Customer and the Seller via the Online Store, the subject of which is the purchase of Goods.

Goods – a product, a movable item purchased by the Customer via the Online Store.

Customer Account – a set of resources in the Seller's IT system, where Customer information, including address details and order history, is stored.

Order Form – a form available in the Online Store allowing the Customer to make a purchase.

Registration Form – a form available in the Online Store allowing the Customer to create a Customer Account.

Newsletter – a service allowing subscription and receipt of free electronic information about the Seller's Goods and promotions.

Business Day – one day from Monday to Friday, excluding public holidays.

§2 General Provisions

The Seller undertakes to provide services to the Customer within the scope and on the terms set out in the Terms and Conditions.

The Customer undertakes to use the Online Store in accordance with applicable laws and social norms.

The Customer using the Seller's Services is obliged to comply with these Terms and Conditions.

The Seller adheres to the principles of protecting Customers' personal data as stipulated by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

The Customer consents to the collection, storage, and processing of personal data by the Seller for the purpose of fulfilling the ordered service. The detailed terms of data collection, processing, and protection by the Seller are outlined in the Online Store's "Privacy Policy."

If a product is covered by the manufacturer's warranty, the warranty does not exclude or limit the Buyer's rights resulting from the statutory warranty for product defects.

The goods available in the Online Store are new, free from physical and legal defects.

The goods have been legally placed on the Polish market. Information regarding the goods presented on the Online Store's website constitutes an invitation to conclude a contract as defined in Article 71 of the Civil Code Act of 23 April 1964.

All prices listed on the Online Store's website are in Polish zlotys (PLN), are gross prices including VAT, customs duties, and other components.

The Seller reserves the right to change the prices of goods available in the Online Store, introduce new goods, as well as conduct and cancel promotional campaigns or make changes to ongoing promotions.

§3 Services and General Terms of Service Provision

The Seller provides electronic services via the Online Store, which include:

1.     enabling the completion of an order form to conclude sales agreements,

2.     enabling the registration and maintenance of a Customer Account,

3.     sending Customers information about promotions and goods in the form of a "Newsletter."

The services specified in paragraph 1 are provided free of charge.

The agreement for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a definite period at the time they begin completing the form and is terminated upon abandoning the completion of the form or upon sending the completed form to the Seller.

The agreement for the provision of electronic services in the form of enabling registration and maintaining a Customer Account is concluded with the Customer for an indefinite period at the time of registration in the Online Store.

The agreement for the provision of the "Newsletter" electronic service is concluded for an indefinite period at the time the Customer subscribes to the "Newsletter" service using the functionality available on the Online Store's website.

The creation of a Customer Account ("registration") is carried out using the functionality available on the Online Store's website – the Registration Form.

Having a Customer Account is not required to place an order for Goods available in the Online Store.

Technical requirements necessary to use the services provided by the Seller:

1.     a device with Internet access,

2.     an Internet browser that supports Cookies,

3.     access to email.

The Customer bears the costs associated with Internet access and data transmission in accordance with their Internet service provider's tariff.

§4 Sales Agreement

The Seller enables the placement of orders for Goods available in the Online Store in the following ways:

1.     via the Order Form available on the Online Store 24 hours a day, 7 days a week;

2.     by phone at +48512605809 from Monday to Friday between 9:00 AM and 5:00 PM;

3.     by sending an order to the Seller's email address: pl@nvectech.com.

To place an order via the Order Form, the Customer selects a Good available in the Online Store, specifying the quantity they wish to purchase and, if applicable, indicating the characteristics of the ordered product. After selecting the Good (adding the Good to the "cart" using the functionality available in the Online Store), the Customer fills out the Order Form, providing the information necessary for the Seller to fulfill the order.

When placing an order by phone, the Customer is required to confirm they have read these Terms and Conditions, provide the information necessary to fulfill the order, and provide an email address to which the Seller will send the order confirmation.

When placing an order via the Seller's email address, the Customer is required to provide personal data necessary for the order fulfillment (name, address details, contact information), as well as the name, quantity, and characteristics (if applicable) of the Goods they intend to order, along with the preferred delivery method.

Upon receiving the order, the Seller will send the Customer a confirmation email to the address provided during the ordering process. This email serves as an acknowledgment and confirmation of the order. Upon receipt of this email by the Customer, the sales agreement is deemed concluded.

The order confirmation email includes the agreed terms of the sales agreement, in particular, the quantity and type of the ordered Goods, the total price to be paid including delivery costs, and the amount of any discounts granted (if applicable).

§5 Order Fulfillment Time and Delivery

The Seller processes orders in the order they are received.

Order fulfillment time includes preparing, assembling, packing, and handing over the Goods by the Seller. The average order fulfillment time is up to 7 business days.

The delivery time for the Goods to the Customer by the carrier, depending on the delivery method chosen by the Customer, must be added to the order fulfillment time.

Orders are handed over to the carrier for delivery only on business days. Delivery costs are provided to the Customer during the ordering process and are available on the Online Store's website under the "Delivery Costs" tab.

The Seller offers personal collection of Goods at the physical store located at Aleje Jerozolimskie 89/43, 02-001 Warsaw – after prior phone confirmation of the possibility of collection – from Monday to Friday between 9:00 AM and 5:00 PM.

Upon receiving the shipment, the Customer should carefully check the condition of the packaging and its contents. In the event of any damage or other irregularities, a damage report should be drawn up in the presence of the courier and the Seller should be notified.

§6 Payment Methods

The Seller offers the following payment methods:

1.     prepayment via traditional bank transfer to the Seller's bank account:

o    PKO Bank Polski SA: IBAN PL02 1020 1127 0000 1102 0427 5194, SWIFT: BPKOPLPW;

2.     cash on delivery;

3.     payment upon collection at the Seller's physical store;

4.     electronic payments handled by payment operators in accordance with their terms and conditions;

5.     installment payments provided by financial institutions facilitating installment purchases.

The Customer is required to make the payment within 7 business days from the conclusion of the agreement. In case of non-payment within the specified time, the sales agreement is terminated.

The Seller initiates order fulfillment upon the receipt of payment in the bank account or confirmation from the electronic payment operator that the Customer has successfully completed the payment.

The Seller documents the sale of the Goods with a receipt or VAT invoice. The proof of purchase is provided to the Customer along with the Goods or electronically to the email address provided by the Customer during the order placement process.

§7 Warranty for Defects in Goods

In accordance with Article 556 of the Civil Code Act of 23 April 1964, the Seller is liable to the Customer if the sold Goods have physical or legal defects. The Seller is exempt from liability under the warranty if the Customer was aware of the defect at the time of concluding the agreement.

The delivery of Goods under the warranty for defects is carried out at the Seller's expense.

The Seller is liable under the warranty if the defect is discovered within two years from the date of delivery of the Goods to the Customer. In the case of used Goods, the Seller is liable under the warranty for defects discovered within one year from the date of delivery of the Goods to the Customer who is a consumer.

Claims regarding defects in Goods should be sent electronically to pl@nvectech.com or in writing to the Seller's registered address. Claims can be submitted using the form attached as Annex No. 2 to these Terms and Conditions.

If the sold item has a defect, the Customer may submit a declaration to reduce the price or withdraw from the agreement unless the Seller promptly and without excessive inconvenience to the Customer replaces the defective item with one free from defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller, or if the Seller has failed to fulfill the obligation to replace the item with one free from defects or to remove the defect.

The Customer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the item with one free from defects or, instead of the replacement of the item, demand the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Customer is impossible or would involve excessive costs compared to the method proposed by the Seller.

The Customer cannot withdraw from the agreement if the defect is insignificant.

If necessary to assess physical defects, the Goods should be delivered to the following address: Aleje Jerozolimskie 89/43, 02-001 Warsaw.

The Seller responds to the Customer's claim within 14 calendar days from the date of its receipt. Failure to respond within the specified period is equivalent to accepting the claim.

The Seller covers the costs of collection, delivery, defect removal, or replacement of the Goods with a new item.

§8 Withdrawal from the Sales Agreement

A Customer who is a consumer, in accordance with Article 27 of the Consumer Rights Act of 30 May 2014, has the right to withdraw from a distance agreement without providing any reason.

The right to withdraw from the agreement is granted within 14 calendar days from the moment the Goods are taken possession of by the Customer or a third party indicated by them other than the carrier.

The Customer may withdraw from the agreement by submitting a statement using the form attached as Annex No. 1 to these Terms and Conditions, sending it electronically or to the Seller's postal address.

To meet the deadline specified in paragraph 2, it is sufficient to send the withdrawal statement before its expiration.

The Seller will promptly confirm receipt of the withdrawal statement to the Customer.

The Seller will promptly, but no later than within 14 calendar days from the date of receiving the withdrawal statement, refund all payments received from the Customer, including delivery costs. The Seller will refund the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to another refund method that does not involve any costs for them.

If the Seller has not proposed to collect the Goods from the Customer themselves, they may withhold the refund of the received payments until they receive the Goods back or the Customer provides proof of their return, depending on which event occurs first.

If the Customer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.

The Customer is obligated to return the Goods to the Seller or hand them over to a person authorized by the Seller promptly, but no later than 14 calendar days from the date on which they withdrew from the agreement, unless the Seller has proposed to collect the Goods themselves. To meet the deadline, it is sufficient to send the Goods before its expiration.

The Customer bears only the direct costs of returning the Goods.

The Goods should be delivered to the following address: Aleje Jerozolimskie 89/43, 02-001 Warsaw.

In case of withdrawal from the agreement, the consumer is liable for any diminished value of the item resulting from handling it in a way exceeding what is necessary to establish its nature, characteristics, and functioning.

The right to withdraw from the agreement does not apply to the Customer in relation to agreements specified in Article 38 of the Consumer Rights Act of 30 May 2014, including agreements where the subject of the service is a non-prefabricated item, produced according to the consumer's specifications or intended to satisfy their individualized needs, or items that, due to their nature, become inseparably combined with other items after delivery.

§9 Withdrawal from the Agreement for Electronic Services and Complaint Procedure

A Customer who is a consumer has the right to withdraw from the agreement for the provision of electronic services within 14 calendar days from the date of concluding the agreement.

The withdrawal from the agreement can be made by submitting a statement to the Seller electronically at pl@nvectech.com or in written form via post to the Seller's registered address. Withdrawal from the agreement may be executed using the form attached as Annex No. 1 to this agreement.

For agreements for the provision of electronic services that are continuous and indefinite in nature (e.g., agreements specified in §3, paragraph 1, letters b-c), the Customer has the right to terminate the agreement. The Customer may terminate the agreement with immediate effect and without giving any reason by sending a termination statement to pl@nvectech.com.

The Seller reserves the right to terminate the agreement for the provision of electronic services that are continuous and indefinite in nature with a 14-day notice period in the event of the Customer violating the provisions of these Terms and Conditions.

In the event of non-performance or improper performance of services provided via the Online Store by the Seller, the Customer has the right to file a complaint electronically to pl@nvectech.com.

A properly submitted complaint should include the Customer's details (name and surname or company name, residential or company address, and email address), the subject of the complaint along with the indication of the time period to which the complaint pertains, and circumstances justifying the submission of the complaint.

The Seller will consider the complaint within 14 calendar days from the date of its receipt.

§10 Provisions Concerning Entrepreneurs

The provisions of this paragraph apply exclusively to Customers who are not consumers within the meaning of Article 221 of the Civil Code.

The Seller reserves the right to withdraw from the sales agreement at any time, provided that the Goods have not been handed over to the Customer, a third party acting on behalf of the Customer, or a carrier delivering the Goods to the Customer. The Seller's withdrawal from the agreement does not give rise to any claims against the Seller on the part of the Customer.

The Seller reserves the right to limit the payment methods available in the Online Store. The Seller also reserves the right to request prepayment in full or partial value of the order, regardless of the payment method chosen by the Customer.

Pursuant to Article 558 of the Civil Code, in the case of the sale of Goods to a Customer who is not a consumer, the Seller's liability under the warranty is excluded.

Pursuant to Article 548 §1 of the Civil Code, at the moment the Seller delivers the Goods to the Customer, a third party indicated by the Customer, or the carrier, the benefits and burdens associated with the Goods, as well as the risk of accidental loss or damage to the Goods, pass to the Customer.

The Seller's liability towards the Customer is limited solely to actual damages incurred by the Customer in connection with improper performance of the agreement by the Seller, and the Seller's liability shall not exceed the value of the order placed by the Customer.

§11 Liability

The Seller is not liable for incorrect data provided by the Customer (in particular, incorrect data entered in forms available on the website) or actions by the Customer that hinder or prevent the provision and fulfillment of services by the Seller.

The Seller is not liable for consequences resulting from the Customer's use of the Online Store in a manner inconsistent with the provisions of the Terms and Conditions, applicable laws, social norms, or customs.

The Seller reserves the right to suspend or discontinue certain functionalities of the Online Store due to the need for maintenance, inspection, or expansion of the technical base or software. The suspension or discontinuation of certain functionalities of the Online Store shall not infringe upon the Customer's rights.

The Seller reserves the right to restrict or revoke the Customer's access to the Online Store, including the ability to place orders, in the following cases:

1.     providing false or misleading information to the Seller;

2.     violating the personal rights of the Seller or third parties (including other Customers);

3.     using the Online Store in a manner that disrupts its operation;

4.     undertaking actions that are inconsistent with the provisions of the Terms and Conditions, applicable laws, or the social norms and customs relevant to this context.

§12 Copyright

All content on the Online Store's website (including graphics, texts, page layout, and logos) is protected by copyright and is the exclusive property of the Seller. Use of this content without the written consent of the Seller may result in civil and criminal liability.

§13 Final Provisions

The Seller reserves the right to amend these Terms and Conditions. The Seller will notify about any changes to the Terms and Conditions on the Online Store's website at least 14 calendar days before the changes take effect. Amendments to the provisions of the Terms and Conditions do not apply to Customers who placed an order while the previous version of the Terms and Conditions was in force.

In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply.

A Customer who is a consumer has the right to use out-of-court methods of dispute resolution and claim settlement through mediation or arbitration courts. Additionally, the Customer may seek assistance from a municipal (county) consumer ombudsman. All necessary information is available on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. Furthermore, a Customer who is a consumer may use the electronic means of resolving disputes with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/.

Disputes arising from the provision of services under these Terms and Conditions shall be submitted for resolution:

1.     to a common court chosen by the Customer in accordance with the relevant provisions of Polish law, if the Customer is a consumer;

2.     to a common court competent according to the Seller's registered office, if the Customer is not a consumer.

Attachments to the Terms and Conditions constitute an integral part thereof.

These Terms and Conditions come into effect on (date to be completed).