Terms of service
The online store operating under doing business as name NOVOVERK is operated by Hytten Sp. z o.o., NIP: 5272942871, REGON: 387648669, KRS: 0000871586, VAT EU: PL5272942871 with registered office address: Al. Jana Pawla II 43A/37B, 01-108 Warsaw, Poland referred to as “Seller”.
The service has designated an electronic point of contact for direct communication with the authorities of the Member States, the Commission, the Council of Digital Services: support@novoverk.com.
§ 1 Ordering
Information about the assortment available in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
Please be informed that product pictures in the Store are illustrative and may differ from the product's actual appearance.
By placing an Order, the Customer submits an invitation to conclude a contract of sale of the ordered products in the Store. The process of ordering a product begins with the confirmation of the features of performance through the product page. The Customer is informed about the expected time of execution of the Order, the availability of the product, the price and methods of payment, as well as possible delivery options. In order to deliver the product, the customer is required to provide his address information or verify it in case of previous account registration and purchase after logging in. Before placing an order (by using the "Pay Now" button), the Customer confirms that he/she is familiar with these Terms and Conditions, together with his/her consent to the processing of personal data for the purpose of carrying out the Order.
Order confirmation sent by the Store to the e-mail address provided by the Customer shall constitute a statement of acceptance of the invitation referred to above. If, before the confirmation of the Order (the "Pay Now" button), the Customer terminates the service and leaves the Store, the contract will not be concluded.
In order to place an order, the Customer is obliged to select from among the available in the Store: the ordered Products, the method of delivery, the form of payment and indicate the delivery address. The selection is made by: selecting the Product and adding it to the shopping cart.
All prices visible in the Store are in EUR. The customer may select an unlimited number of Products for the Order from the quantity of a given Product available for Ordering, and will receive a summary of the selected Products after proceeding to the shopping cart. If the number of Products is limited, the Store will indicate such information on the product page.
§ 2 Product price and payment methods
The price listed next to each Product is binding at the time the Customer places an Order. The prices of the Goods displayed on the Store's website include VAT (if VAT is charged due to the place of delivery of the Goods) and do not include delivery costs. The price may include an individually calculated discount or rebate, assigned to the Customer in an automated manner - this information is provided in the summary of the Order.
Delivery of Goods is carried out through a courier company selected upon checkout. Information about the cost of delivery is available in the process of placing the Order before it is placed.
Delivery costs will be included in the prices of the products depending on the goods ordered and the method of delivery selected by the Customer during the process of placing the Order.
The Seller shall make available to the Customer the following methods of payment for the Products:
Electronic payment via debit- or credit card (Visa, Mastercard, American Express etc.) via Shopify Payments – payment processing is provided by Shopify Payments.
The execution of the Order shall commence on the date indicated in the confirmation of the Order and previously accepted by the Customer, but no later than within 30 (thirty) days from the date of conclusion of the contract.
In the case of certain products or in order to achieve a certain value of the Order, the cost of delivery shall be borne by the Store, of which the Customer shall be informed each time before placing the order.
§ 3 Claims and complaints
The Store shall be obliged to deliver the goods without defects and perform all services in accordance with the concluded Contract.
In the event that the delivered Goods are found to be defective, the Customer may, at his option, exercise his warranty rights, if a warranty has been granted, and his warranty rights from the Seller. Warranty rights and warranty rights are independent of each other.
In the case of contracts concluded with Consumers and Entrepreneurs with consumer rights, the Seller shall be liable under warranty and/or contractual liability for services rendered. It is excluded in relation to the Customer with other status.
The product conforms to the Contract of Sale, if, in particular, its conformity to the Contract of Sale remains:
description, type, type, quantity, quality, completeness and functionality, and, with respect to Products with digital elements, also compatibility, interoperability and availability of updates;
suitability for the specific purpose for which it is needed by the Consumer, which the Consumer notified the Seller at the latest at the conclusion of the Sales Contract and which the Seller accepted.
be suitable for the purposes for which Products of this kind are usually used, taking into account applicable laws, technical standards or good practices;
appear in such quantity and have such features, including durability and safety, and, with respect to Products with digital elements, also functionality and compatibility, as are typical for a Product of this type and which the Consumer may reasonably expect, taking into account the nature of the Product.
The Store shall be liable for the conformity of the Product with the contract for a period of 2 years from the date of issue of the Goods.
The Customer may also file a complaint if the non-conformity with the contract is due to the installation of the Goods by the Store or if the non-conformity is due to errors in the user manual.
If the delivered Product or provided services are found to be defective, the Customer may file a complaint and inform the Store about the observed irregularities, document the irregularities in order to verify the objections and indicate whether he demands repair, replacement of the Goods with new ones. A complaint can be submitted electronically or in writing to the address of the Store.
The Store shall immediately, but no later than within 14 days from the date of receipt of the complaint, take a position on the complaint and inform the Customer of further proceedings. The Store will immediately notify the complainant of the result of the complaint processing in writing or by e-mail to the e-mail address provided in the complaint application.
In the first instance, the Consumer may request the Store to repair or replace the Goods with new ones.
If the Store:
refused to repair or replace the Goods, or failed to bring them into conformity with the contract;
defect exists despite attempts to remove it;
defect in the Goods is too significant for the Goods to be repaired,
The Store has declared to the Customer or the circumstances indicate that it will not be possible to bring the Goods into conformity with the contract within a reasonable time or without excessive cost.
The customer may demand a price reduction or withdrawal from the contract.
Transportation of the advertised Products under warranty shall be at the expense of the Store through the shipping method indicated by the Store. The Store does not accept shipments sent back cash on delivery. In some cases, it is not necessary to send the advertised Product, and the Seller may stop at the inspection of the photos provided by the Consumer or Entrepreneur of the consumer's rights, which will be informed by the Seller upon receipt of the complaint.
If the choice to withdraw from the contract has been made, all payments made by the Customer, including delivery costs, will be returned to him immediately, but no later than within 14 days from the date of informing the Customer about the positive processing of the complaint by the Store. Refund of payments made by payment card or electronic transfer shall be made to the bank account from which the payment was made, unless the Customer expressly submits before the refund another refund instruction that does not generate additional costs for him.
In the event of a dispute between the Store and the Customer as to the legitimacy of the refusal to consider a complaint, the Customer, being a Consumer, has the right to use out-of-court means of complaint processing and claim investigation. The customer may use mediation or amicable courts by providing the institution before which the proceedings will be held with an appropriate form - a request for mediation or a request for consideration of the case before an amicable court. A list of sample institutions with contact information is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odrthe Consumer has access to the settlement of consumer disputes electronically through the EU online platform (ODR platform). Such right is not available to the Entrepreneur with consumer rights.
§ 4 Right of Withdrawal
A Customer who is a Consumer or a Customer who has consumer rights may withdraw from the contract without giving any reason within 14 days from the date of delivery of the item. First of all, he or she should contact novoverk.com in writing to the address of the Store or electronically to the e-mail address support@novoverk.com to make a declaration of withdrawal from the contract, and then return the Goods to the Store. If you need to submit a withdrawal statement, please contact our customer service team at support@novoverk.com. The deadline is considered to have been met if the statement of withdrawal is sent in writing to the address of the Store or by e-mail to support@novoverk.com, no later than the last day of the 14-day period. Upon receipt of the statement of withdrawal in electronic form at the above e-mail address, the Store will immediately confirm its receipt by sending the information to the e-mail address of the withdrawing party. The statement of withdrawal from the contract submitted after the expiry of the above deadline has no legal effect.
The Goods should be returned in an unaltered and complete condition, without traces of use, unless the change was necessary within the limits of ordinary use, i.e. the Consumer or the Customer who has the rights of a consumer should proceed with the Goods, taking into account the necessity of its possible subsequent return. He shall be liable for the diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item. If the returned goods are incomplete or bear traces of use beyond the ordinary management of the thing, the Store reserves the right to refuse to accept the shipment or reduce the returned amount by the equivalent value of the damaged goods, at the Store's discretion.
The right of the Consumer or Entrepreneur of the consumer's right to withdraw from the contract shall not apply if the subject of the Order, among other things, is a contract:
in which the subject of performance is goods that are not prefabricated, produced according to the consumer's specifications or used to meet his individualized needs;
in which the subject of the performance are goods that, after delivery, due to their nature, are inseparably combined with other things;
The returned Goods should be sent back within 14 days of withdrawal from the contract together with a statement of withdrawal from the contract to the address of the Store's warehouse, after contacting the Store's staff at support@novoverk.com. In the event of withdrawal from the contract, all payments made by him, including the cost of delivery of the item, will be transferred to the Consumer or the Customer with consumer rights immediately, but no later than within 14 days from the date of receipt by the Store of the statement of withdrawal from the contract.
Return of payments made by credit card or electronic transfer shall be made to the bank account from which the payment was made, unless the Customer has expressly made other return instructions before the return, which do not generate additional costs for him (for example, in the statement of withdrawal).
The Store may withhold reimbursement of payments received from the Customer until it receives the item back from the Customer or the Customer provides proof of its return, whichever event occurs first.
§ 5 Personal data protection
Provisions regarding the protection of Customers' personal data by the Seller are contained in the Privacy and Cookies Policy posted on the Store's website https://novoverk.com/policies/privacy-policy). Provisions concerning protection of personal data in the Store can be found in the Privacy and Cookies Policy located on the Store's Website.
§ 6 Intellectual property
The Terms and all content posted on the Store, including photographs and descriptions, constitute subject matter protected by copyright within the meaning of the Act of February 4, 1994, on Copyright and Related Rights and are subject to legal protection. Any copying, reproduction, distribution, or making of adaptations thereof, in whole or in part, by any means, devices, or techniques, without the written consent of the Store, is prohibited.
§ 7 Final provisions
For each Product sold by the Store, a VAT invoice or other settlement document in accordance with applicable tax regulations is issued. The VAT invoice is delivered electronically to the e-mail address provided by the Customer or in traditional form together with the delivery of the goods. Acceptance of the Terms and Conditions shall at the same time constitute consent to send invoices in electronic form.
The applicable law is Polish law. Disputes arising between the Customer and the Seller shall be resolved by the court having jurisdiction over the Seller's registered office, with the proviso that with respect to Consumers, such disputes shall be resolved before the court having jurisdiction according to the provisions of civil procedure. These Terms and Conditions are subject to the provisions of Polish law and will be interpreted in accordance with them. These Terms and Conditions do not limit any of the consumer's rights to protection that you may be entitled to under the mandatory provisions of law in your country of residence.
The Seller reserves the right to change the Terms and Conditions by announcements on the Website (and to maintain and make available archival versions). The Seller will notify registered Customers of the change in the Terms and Conditions by e-mail with the right to terminate the contract within 14 days. Amendments to the Terms and Conditions shall become effective 14 days after notification. Orders placed before the effective date of the amendments to these Terms and Conditions shall be executed on the basis of the provisions in force on the date of placing the Order.