Terms and Conditions

Good morning!

First, our full registration details as a seller and service provider: SIM sp. z o.o., ul. Krokusowa 3, 46-300 Olesno, NIP: 5761596581, REGON: 52798965500000, KRS: 0001091552.

Below you will find the terms and conditions, which include information about the rules of operation of the website, how to place an order leading to the conclusion of a contract, details regarding the execution of the concluded contract, types of payments available on the website, the procedure for withdrawing from the contract, and the complaint procedure.

If you have any comments, questions, or doubts, we are at your disposal at the e-mail address sklep@navihood.pl or phone number 0048 660 487 951. Our customer service department is open from Monday to Friday from 08:00 to 16:00.

Greetings and happy shopping!

Website Team

Table of Contents

§ 1. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

1. Price – a value expressed in monetary units, which the Buyer is obliged to pay to the Seller for the Product;

2. Discount Code – a unique code (string of characters) that can be used by the Buyer to reduce the Price;

3. Consumer – a natural person concluding an Agreement with the Seller that is not directly related to their business or professional activity;

4. User Account – a collection of resources and rights within the IT system of the Website assigned to a specific Buyer;

5. Buyer – a natural person, legal person or organizational unit endowed with legal capacity, in particular a Consumer or an Entrepreneur with Consumer Rights;

6. Newsletter – e-mail messages containing information about news, promotions or Products related to the Website;

7. Product – Goods or Voucher;

8. Entrepreneur with Consumer Rights (PNPK) – a natural person concluding an Agreement with the Seller directly related to their business activity, when the content of the Agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register and Information on Business Activity;

9. Pre-sale — the process of the Seller collecting orders for Products that will be available for sale from a specified date, and concluding Agreements before the planned date of introducing the Products for sale;

10. Terms and Conditions – the terms and conditions of the website www.navihood.pl

11. Website – the website operating at www.navihood.pl and its extensions;

12. Seller – SIM sp. z o.o., ul. Krokusowa 3, 46-300 Olesno, NIP: 5761596581, REGON: 52798965500000, KRS: 0001091552;

13. Goods – a movable item offered by the Seller within the Store, including GTDE;

14. Goods with Digital Elements (GTDE) – Goods offered by the Seller, containing Digital Content or a Digital Service, without which the Goods cannot function properly. Digital Content or Digital Services may be provided by the Seller or a third party;

15. Digital Content – data produced and supplied in digital form;

16. User Content – any information provided by the Buyer for storage at the Buyer's request in the IT system of the Website, or for publication on the Website, e.g. additional, voluntary information provided in the User Account, a comment or opinion about the Product, a question or notes under Digital Content, a post in a thematic group or support group related to Digital Content;

17. Agreement – an agreement concluded between the Seller and the Buyer, the subject of which is the sale of Goods or the provision of Digital Content;

18. Electronic Services — any services provided electronically by the Seller to the Buyer via the Website;

19. Voucher – a unique code (string of characters) that can be used by the Buyer to pay the Price or part of the Price;

§ 2. Preliminary provisions

1. The Seller provides Electronic Services and sells Products through the Website. The Buyer may purchase Products indicated on the Website's pages or specified within the framework of Pre-sale.

2. The Website is not intended for concluding Agreements between Buyers.

3. The Terms and Conditions define the rules and conditions for using the Website, as well as the rights and obligations of the Seller and Buyers.

4. The Seller has designated an electronic contact point related to the Website for direct communication with member state authorities, the Commission, and the Digital Services Council: sklep@navihood.pl. This same contact point may be used by the Buyer for direct and quick communication with the Seller. Communication can be conducted in Polish or English.

§ 3. Electronic Services related to the Website

1. The Seller provides Electronic Services to the Buyer related to the use of the Website, consisting of providing the Buyer with the ability to:

   1. browse publicly available content of the Website;

   2. register a User Account and use the User Account;

   3. place an order and conclude an Agreement;

   4. subscribe to the Newsletter,

   5. transfer User Content.

2. Electronic Services are provided to the Buyer free of charge.

3. To use the Electronic Services, no special technical conditions are required for the Buyer's computer equipment or software. The following are sufficient:

1. Internet access,

2. a standard, up-to-date operating system,

3. a standard, up-to-date web browser with cookies enabled,

4. an active e-mail address.

4. It is forbidden to provide unlawful content when using the Electronic Services, in particular by sending such content via forms available on the Website.

5. In order to ensure the safety of the Buyer and data transmission in connection with the use of the Website, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the Electronic Services provided, in particular measures aimed at preventing the acquisition and modification of personal data by unauthorized persons.

6. The Seller takes actions to ensure the fully correct functioning of the Website. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Website.

7. Due to the fact that the Website constitutes an IT system managed by the Seller, the Seller may conduct technical and IT work aimed at developing the Website and providing Electronic Services at the highest possible level.

8. As part of the development of the Website, the Seller may in particular:

1. add new functions and change or remove existing functions within the Website;

2. introduce the Website on other types of devices, e.g. mobile devices;

3. make an application related to the Website available.

§ 4. Website Content

1. The publicly available content of the Website includes content such as texts, photos, graphics, audio recordings, and videos.

2. Browsing the publicly available content of the Website is possible anonymously, i.e., without providing personal data.

3. The content of the Website is protected by copyright.

4. Details regarding intellectual property are described in § 25 of the Terms and Conditions.

§ 5. User Account

1. Registering a User Account requires completing and submitting the registration form available on the Website or expressing the will to register a User Account by checking the appropriate checkbox in the order form.

2. Registering a User Account requires providing personal data necessary for this purpose.

3. The User Account is assigned to the e-mail address provided by the Buyer.

4. The User Account stores information about the Buyer, including the history of orders placed by them on the Website.

5. The Buyer may add additional, voluntary information to the User Account, such as a profile picture, website address, date of birth, short bio. This information constitutes User Content.

6. The Buyer logs into the User Account using the e-mail address assigned to the User Account (login) and a self-defined password. The Buyer is obliged to secure access to the User Account against unauthorized access, and is also obliged not to share the login and password with any third parties. 

7. The Buyer may delete the User Account at any time. If the Buyer cannot find the relevant option for this purpose after logging into the User Account, they should contact the Seller via e-mail. Deleting the User Account leads to the loss of access to the Digital Content assigned to the User Account.

§ 6. Placing an order and concluding an Agreement

1. The Buyer can place an order as a registered customer or as a guest.

2. A registered customer is a Buyer who has a User Account on the Website.

3. If the Buyer has a User Account on the Website, they should log in before placing an order. Logging in is also possible during the order placement process.

4. All Product descriptions available on the Website do not constitute an offer within the meaning of the relevant provisions of civil law, but an invitation to conclude an Agreement.

5. Placing an order involves adding the Products that interest the Buyer to the basket, and then filling in the order form. The form requires providing the data necessary to fulfill the order. At the order placement stage, the payment method for the order is selected. A condition for placing an order is the acceptance of the Terms and Conditions, which the Buyer should have read previously. In case of any doubts regarding the Terms and Conditions, the Buyer may contact the Seller.

6. In the order form, the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order if the Buyer has provided false data or if this data raises justified doubts of the Seller as to its correctness. In such a case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to clarify all circumstances related to the verification of the authenticity of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer makes contact.

7. The Buyer declares that all data provided by them in the order form is true, and the Seller is not obliged to verify its truthfulness and correctness, although it has such a right in accordance with paragraph 7.

8. The order placement process ends by clicking the button to finalize the order. Clicking the button to finalize the order constitutes an offer by the Buyer to purchase selected Products from the Seller, on the terms specified in the order form.

9. After receiving the order, the Seller, no later than 7 days from the date of receipt of the order, may:

1. accept the offer made by the Buyer by accepting the order for processing — in such a case, the Agreement is concluded at the moment the Buyer receives a message confirming the acceptance of the order for processing,

2. may not accept the Buyer's offer and cancel the placed order — in such a case, the Agreement is not concluded, and all payments are refunded to the Buyer, if the Buyer made them at the stage of placing the order.

§ 7. Pre-sale

1. The Seller may organize Pre-sale for certain types of Products.

2. Products covered by Pre-sale are clearly marked on the Website as Products available for Pre-sale. On the page of such Products, the Seller provides information about the probable date from which the Products will be available and the probable date from which the Products will be handed over to Buyers.

3. For the purpose of concluding Agreements within the framework of Pre-sale, the provisions of § 6 shall apply accordingly.

4. The Seller reserves the right to change the date referred to in paragraph 2, particularly due to delays in the delivery of the Product by third parties (e.g., manufacturers). The Seller will inform Buyers about all changes to dates related to Pre-sale by posting information on the Website and sending an e-mail to the address provided by the Buyer.

5. In the event that the sale of Products is not possible under the conditions foreseen in the Pre-sale (e.g., suppliers do not deliver a sufficient quantity or types of materials, material prices increase, etc.), the Seller will inform the Buyer of these circumstances.

6. If the Buyer, being a Consumer or an Entrepreneur with Consumer Rights, does not agree to an extension of the Product delivery deadline or a change in the Product sale conditions, they may withdraw from purchasing the Product, and the Seller will refund all payments made by such Buyer within the framework of Pre-sale.

§ 8. Price and payments

1. Available payment methods for orders are described on the Website and presented to the Buyer at the order placement stage.

2. If the Buyer chose online payment when placing the order, after clicking the button to finalize the order, they will be redirected to the payment gateway operated by an external payment operator to make the payment for the order. If the Buyer chose bank transfer payment, after clicking the button to finalize the order, they will be redirected to the Website's page with order confirmation and payment instructions. Payment for the order should be made within 3 days from placing the order. After this period, the Seller may assume that the Buyer has withdrawn from purchasing the Product and cancel the placed order. If the Buyer chose cash on delivery payment, after clicking the button to finalize the order, they will be redirected to the Website's page with order confirmation.

3. Electronic payments, including credit card payments, are handled by PayU and InPostPay.

4. If the Buyer requests an invoice, it is delivered to the Buyer electronically, to the e-mail address provided in the order form.

5. All Prices given on the Website are gross prices.

6. The Seller is entitled to grant Buyers discounts, reductions or other preferences related to the Price at its own discretion, in particular as part of an organized promotional campaign. The details of promotional campaigns are set out in separate promotional campaign regulations. The Buyer is not entitled to demand discounts, reductions or other preferences that do not result from the promotional campaign.

7. A Buyer who has a Discount Code can use it when placing an order by entering the Discount Code in the designated field, in accordance with the instructions available on the order form page. The use of Discount Codes may be limited only to specific Products or groups of Products, in accordance with the information provided when making a given Discount Code available. The possibility of using a specific Discount Code may be time-limited, in accordance with the information provided when making a given Discount Code available. Discount Codes may be made available in various circumstances, e.g. in exchange for subscribing to the Newsletter, as a prize in contests organized by the Seller, as a gift for the Buyer, etc.

8. In every case of informing about a price reduction of Products, the Seller, in addition to information about the reduced Price, also provides information about the lowest Price of the Product that was applicable in the period of 30 days before the reduction was introduced. If a given Product is offered for sale for a period shorter than 30 days, in addition to information about the reduced Price, the Seller also provides information about the lowest Price of the Product that was applicable in the period from the day the Product was first offered for sale until the day the reduction was introduced.

§ 9. Vouchers

1. A Voucher may be in printed or digital form.

2. A printed Voucher is delivered to the Buyer in the same way as Goods.

3. A digital Voucher is sent to the e-mail address provided by the Buyer in the order form.

4. The Seller does not issue duplicates of damaged or lost Vouchers delivered to the Buyer in printed form. However, by presenting proof of purchase, the Buyer may request that a digital Voucher be sent.

9. The Voucher has a specific gross nominal value indicated in the Voucher description on the Website.

10. The Voucher may be used as a form of payment for an order placed by the Buyer by entering the code in the designated field, in accordance with the instructions available on the order form page, but it is not exchangeable for cash, neither in whole nor in part.

11. If the amount payable for the order is less than the Voucher value, the Seller will not refund the difference to the Buyer. If the amount payable for the order is higher than the Voucher value, the Buyer will pay the difference.

12. The use of the Voucher may be limited to specific Products or groups of Products. Restrictions related to the Voucher are always indicated in the Voucher description on the Website.

13. The Voucher can only be used once.

14. The Voucher may have an expiry date, after which it cannot be used. If the Voucher has an expiry date, it is indicated in the Voucher description on the Website. The Consumer or PNPK may request a cash refund for the unused Voucher after its expiry date.

15. In the event of withdrawal from the Agreement for which payment was made using a Voucher, the Seller is entitled to refund the payment by delivering a Voucher to the Buyer with a value corresponding to the amount refunded. The Buyer is not entitled to demand a cash refund.

16. The Seller is responsible for the conformity of the Voucher with the Agreement. In the case of a Voucher in printed form, the provisions of the Regulations concerning the responsibility for the conformity of the Goods with the Agreement shall apply accordingly to the Seller's liability rules. In the case of a Voucher in digital form, the provisions of the Regulations concerning the responsibility for the conformity of Digital Content with the Agreement shall apply accordingly to the Seller's liability rules.

§ 10. Order fulfillment for Goods

1. Order fulfillment consists of assembling the ordered Goods, packaging them for delivery to the Buyer, and shipping the consignment to the Buyer in accordance with the delivery method chosen by the Buyer.

2. The cost of delivery of the Goods is borne by the Buyer, unless otherwise indicated in the information presented to the Buyer on the Website.

3. An order is considered fulfilled upon shipment of the consignment to the Buyer (handing over the consignment to a carrier specializing in transport). In the case of delivery via a carrier, the Seller informs the Buyer about the preparation of the Goods for dispatch and the handover of the consignment to the carrier. The exact delivery date for the Goods is determined by the carrier, unless the carrier allows the Buyer to precisely specify the date and time of delivery. If the carrier provides such functionality, the Seller provides the Buyer with the data necessary to track the transport of the Goods, in particular a link to the carrier's website or the carrier's application.

4. The Buyer is obliged to examine the consignment at the time and in the manner customary for such consignments. If the Buyer determines that there has been a shortage or damage to the Goods during transport, they are obliged to take all necessary steps to establish the carrier's liability, e.g., by drawing up a damage report (Article 545 § 2 of the Civil Code).

5. The order fulfillment time is indicated for each Good. Ordered Goods should be delivered to the Consumer or PNPK within 30 days, unless a longer period is clearly indicated by the Seller in the Good's description. In such a situation, by placing an order, the Buyer agrees to the longer order fulfillment period resulting from the Good's description.

6. If the Buyer orders Goods with different fulfillment times, the binding fulfillment time for the entire order for the Seller is the longest of all Goods included in the order, although the Seller may propose dividing the order into several independent shipments to speed up the fulfillment time for some of the Goods.

§ 11. Newsletter subscription to receive Digital Content

1. The Seller may provide the opportunity to receive Digital Content described on the Website without the need to pay the Price, but in exchange for subscribing to the Newsletter.

2. Newsletter subscription requires filling out and submitting the form available on the Website.

3. Newsletter subscription requires providing personal data necessary for this purpose.

4. If the Buyer subscribes to the Newsletter to receive Digital Content, subscribing to the Newsletter simultaneously leads to the conclusion of an Agreement for the provision of Digital Content. However, the Buyer does not pay the Price for the provision of Digital Content. In this case, the form of payment for the provision of Digital Content is the Newsletter subscription.

5. After concluding the Agreement for the provision of Digital Content as described above, the Buyer receives an email at the provided address with instructions on how to download or access the Digital Content paid for by subscribing to the Newsletter.

6. The Buyer may unsubscribe from the Newsletter at any time. This does not affect the concluded Agreement for the provision of Digital Content.

7. If the Buyer is interested in Digital Content that is marked on the Website as available in exchange for subscribing to the Newsletter, but does not want to subscribe to the Newsletter, they can purchase this Digital Content by contacting the Seller individually.

§ 12. Withdrawal from the Agreement by a Consumer or PNPK without stating a reason

1. A Consumer or PNPK has the right to withdraw from an Agreement concluded via the Website, without stating a reason, within the following period:

1. 14 days from the day the Consumer or PNPK, or a third party indicated by the Consumer or PNPK other than the carrier, takes possession of the Goods. In the event that the Agreement covers many Goods that are delivered separately, in batches or in parts, the period for withdrawal from the Agreement is counted from taking possession of the last Good, its batch or part;

2. 14 days from the date of conclusion of the Agreement - in the case of agreements other than the sale of Goods.

2. The right to withdraw from the Agreement does not apply to an Agreement:

1. in which the subject of the performance is a non-prefabricated Good, manufactured according to the Consumer's or PNPK's specifications or serving to satisfy their individual needs;

2. in which the subject of the performance is a Good that spoils quickly or has a short shelf-life;

3. in which the subject of the performance is a Good delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

4. in which the subject of the performance are Goods which, after delivery, due to their nature, become inseparably connected with other items;

5. in which the subject of the performance is audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.

3. To withdraw from the Agreement, the Consumer or PNPK must inform the Seller of their decision to withdraw from the Agreement by means of an unequivocal statement – for example, by letter sent by post or email.

4. The Consumer or PNPK may use the model withdrawal form, available at https://navihood.pl/formularz-oswiadczenia-o-odstapieniu-od-umowy, but this is not mandatory.

5. To meet the withdrawal deadline, it is sufficient for the Consumer or PNPK to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.

6. The Consumer or PNPK is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to receive them without undue delay, but no later than 14 days from the day on which they withdrew from the Agreement, unless the Seller offered to collect the Goods themselves. To meet the deadline, it is sufficient to send back the Goods before its expiry.

7. The Consumer or PNPK bears the direct costs of returning the Goods.

8. In the event of withdrawal from the Agreement, the Seller shall reimburse the Consumer or PNPK for all payments received from the Consumer or PNPK, including the costs of delivering the Goods (with the exception of additional costs resulting from the Consumer's or PNPK's choice of a delivery method other than the cheapest standard delivery method offered when placing the order), without undue delay, and in any event no later than 14 days from the day on which the Seller was informed of the decision to exercise the right of withdrawal.

9. The refund will be made using the same means of payment as those used in the original transaction, unless the Consumer or PNPK has expressly agreed to a different solution. In any case, the Consumer or PNPK will not incur any fees in connection with this refund.

10. If the Seller has not offered to collect the Goods from the Consumer or PNPK themselves, they may withhold reimbursement of payments received from the Consumer or PNPK until they have received the Goods back or the Consumer or PNPK has supplied proof of having sent back the Goods, whichever occurs first.

11. The Consumer or PNPK is liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods. The Seller has the right to offset its claim against the Buyer on this account in accordance with Article 498 et seq. of the Civil Code.

§ 13. Warranty for defects and liability for conformity of Goods with the Agreement

1. The warranty for defects of Goods, as referred to in the provisions of the Civil Code, is excluded in the case of Agreements for the sale of Goods concluded by Buyers other than a Consumer or PNPK.

2. For Agreements for the sale of Goods concluded by a Consumer or PNPK, the provisions on liability for the conformity of the Goods with the Agreement, as contained in the Consumer Rights Act, shall apply, taking into account the provisions of the Regulations.

3. The Seller is liable to the Consumer and PNPK for the conformity of the Goods with the Agreement. The conformity of the Goods with the Agreement is assessed in accordance with the provisions of the Consumer Rights Act.

4. The Seller is liable for any lack of conformity of the Goods with the Agreement that existed at the time of their delivery and became apparent within two years from that time, unless:

1. the useful life of the Goods, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer;

2. the Agreement concerns Outlet Goods, where the Buyer has expressly agreed to purchase Outlet Goods.

5. In the case of TzEC, the Seller is liable for any lack of conformity of the Digital Content or digital services provided continuously, which occurred or became apparent during the period in which they were to be provided in accordance with the Agreement, but not shorter than two years from the moment of delivery of the TzEC.

§ 14. Replacement or repair of Goods not conforming to the Agreement

1. If the Goods do not conform to the Agreement, the Consumer or PNPK may demand their repair or replacement.

2. The Seller may:

   1. make a replacement when the Consumer or PNPK demands repair, or

   2. make a repair when the Consumer or PNPK demands replacement,

if bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer or PNPK is impossible or would involve excessive costs for the Seller.

3. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to replace or repair the Goods to bring them into conformity with the Agreement.

4. The Consumer or PNPK makes the Goods available to the Seller for repair or replacement, and the Seller collects them at its own expense. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, are borne by the Seller.

5. The Seller shall carry out the repair or replacement within a reasonable time, not exceeding 21 days, from the moment the Seller was informed by the Consumer or PNPK of the lack of conformity of the Goods with the Agreement, and without undue inconvenience to the Consumer or PNPK, taking into account the nature of the Goods and the purpose for which the Consumer or PNPK acquired them.

§ 15. Price reduction or withdrawal from the Agreement in case of Goods not conforming to the Agreement

1. If the Goods do not conform to the Agreement, the Consumer or PNPK may submit a statement requesting a price reduction or withdrawal from the Agreement when:

   1. The Seller refused to repair or replace the Goods in accordance with § 14 sec. 3;

   2. The Seller did not bring the Goods into conformity with the Agreement;

   3. The lack of conformity of the Goods with the Agreement persists, even though the Seller attempted to bring the Goods into conformity with the Agreement;

   4. The lack of conformity of the Goods with the Agreement is significant enough to justify a price reduction or withdrawal from the Agreement without prior use of the measures referred to in § 14 sec. 1;

   5. It clearly follows from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer or PNPK.

2. The reduced Price must be in such proportion to the Price resulting from the Agreement as the value of the non-conforming Goods is to the value of the conforming Goods.

3. The Seller shall refund to the Consumer or PNPK the amounts due as a result of exercising the right to reduce the Price without undue delay, no later than 14 days from the date of receipt of the Consumer's or PNPK's statement on price reduction.

4. The Consumer or PNPK may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant. It is presumed that the lack of conformity of the Goods with the Agreement is significant.

5. If the lack of conformity with the Agreement concerns only some of the Goods supplied under the Agreement, the Consumer or PNPK may withdraw from the Agreement only in relation to those Goods, and also in relation to other Goods purchased by the Consumer or PNPK together with the non-conforming Goods, if it cannot reasonably be expected that the Consumer or PNPK would agree to retain only the Goods conforming to the Agreement.

6. In case of withdrawal from the Agreement, the Consumer or PNPK shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall refund the Price to the Consumer or PNPK without undue delay, no later than 14 days from the day of receiving the Goods or proof of their return.

7. The Seller shall refund the Price using the same means of payment as those used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different means of refund that does not incur any costs for them.

§ 16. Liability for conformity of Digital Content with the Agreement

1. The warranty for defects of Digital Content, as referred to in the provisions of the Civil Code, is excluded in the case of Agreements concluded by Buyers other than a Consumer or PNPK.

2. For Agreements concluded by a Consumer or PNPK, the provisions on liability for the conformity of Digital Content with the Agreement, as contained in the Consumer Rights Act, shall apply, taking into account the provisions of the Regulations.

3. The Seller is liable to the Consumer and PNPK for the conformity of the Digital Content with the Agreement. The conformity of the Digital Content with the Agreement is assessed in accordance with the provisions of the Consumer Rights Act.

4. The Seller is liable for any lack of conformity of the Digital Content with the Agreement that existed at the time of their delivery and became apparent within two years from that time.

§ 17. Bringing Digital Content into conformity with the Agreement

1. If the Digital Content does not conform to the Agreement, the Consumer or PNPK may demand that the Digital Content be brought into conformity with the Agreement.

2. If bringing the Digital Content into conformity with the Agreement is impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Digital Content into conformity with the Agreement.

3. The Seller shall bring the Digital Content into conformity with the Agreement within a reasonable time, not exceeding 21 days, from the moment the Seller was informed by the Consumer or PNPK of the lack of conformity of the Digital Content with the Agreement, and without undue inconvenience to the Consumer or PNPK, taking into account their nature and the purpose for which they are used.

4. The costs of bringing the Digital Content into conformity with the Agreement are borne by the Seller.

§ 18. Transfer of User Content

1. Through the Website, the Buyer may transfer User Content for storage at the Buyer's request in the Website's IT system, or for publication on the Website.

2. It is prohibited to transfer User Content that

   1. constitute illegal content within the meaning of the Digital Services Act (DSA) or

   2. violate the Regulations.

3. User Content that violates the Regulations means User Content that:

1. violates the rules for publishing reviews specified in § 23 of the Regulations;

2. is inconsistent with the subject matter of the content available on the Website;

3. duplicates content previously published on the Website;

4. contains links or other spam-like content;

5. is used to conduct competitive activities against the Seller, e.g., promoting competing websites;

6. is used to conduct prohibited advertising, promotional, marketing activities, in particular by posting advertisements, selling and promoting products, services, projects, fundraisers;

7. is used to conduct activities prohibited by law, e.g., attempts to defraud and extort financial resources from other Buyers;

8. incites violence against any living beings, including animals, or condones such violence;

9. promotes any fascist or other totalitarian state system;

10. incites hatred based on gender, sexual, national, ethnic, racial, religious differences, or due to atheism, or condones such hatred;

11. insults a group of people or individuals because of their gender, sexual, national, ethnic, racial, religious affiliation, or because of their atheism;

12. contains chauvinistic or misogynistic content, as well as content indicative of gender discrimination;

13. defames or insults any third party;

14. violates the personal rights of any third party;

15. violates the copyrights of any third party;

16. contains vulgarisms or other offensive content;

17. incites dangerous behavior or condones such behavior;

18. offends religious feelings;

19. may cause discomfort to other Buyers, in particular due to a lack of empathy or respect for other Buyers;

20. violates the applicable legal order or good customs in a manner other than specified in points 1 – 19.

4. If the Seller becomes aware of credible information about the possibility of a crime or offense committed by the Buyer in connection with the User Content provided, the Seller is entitled and obliged to notify the appropriate services or public authorities and to provide them with data regarding the Buyer. The same applies when services or public authorities request the Seller to provide Buyer data, in particular for the purpose of ongoing civil or criminal proceedings.

§ 19. User Content Moderation

1. The Seller may verify User Content at any time. The Seller conducts verification in a non-arbitrary, objective manner and with due diligence. At the same time, the Seller reserves that it is not obliged to pre-control User Content, in particular through preventive control (e.g., as part of prior approval of User Content) or in any other form of checking User Content.

2. In the event of detecting User Content inconsistent with the Regulations, the User Content may be blocked and become invisible to other Buyers or be removed from the Website.

3. In the event of blocking or removal of User Content, the Seller shall immediately notify the Buyer who provided the User Content subject to blocking or removal, stating the justification for its decision.

4. In the event of blocking or removal of User Content as inconsistent with the Regulations, the Buyer who posted such User Content may appeal in accordance with the principles described in § 22 of the Regulations.

5. The Seller ensures that appeals regarding User Content will not be handled automatically — the Seller's personnel will be responsible for verifying the validity of blocking or removing User Content.

§ 20. Reporting User Content

1. Any person or entity may report to the Seller the presence of User Content on the Website that such person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).

2. The report may be submitted:

   1. by e-mail, to the address sklep@navihood.pl;

   2. via the contact form available on the Website;

3. The report referred to in paragraph 1 must contain all elements required by the Digital Services Act (DSA), such as:

   1. a sufficiently substantiated explanation of the reasons why the person or entity alleges that the User Content is inconsistent with the Regulations;

   2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information allowing identification of the User Content, appropriate to the type of User Content and the specific type of hosting service;

   3. the name and surname or name and email address of the person or entity making the report, with the exception of reports concerning information considered to be related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU;

   4. a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

4. The Buyer may use the template report form available at www.navihood.pl/downloads/zgłoszenie_naruszenia_wzor_formularza.docx.

5. Upon receipt of the report referred to in paragraph 1, the Seller shall immediately confirm receipt to the reporting party — electronically, to the provided electronic address. If the report is incomplete or contains other errors, the Seller may ask the reporting party to supplement or correct the report. If the reporting party does not supplement or correct the report within 14 days of the Seller's request, the report will be left unaddressed.

6. The Seller will verify the User Content no later than 14 days from the date of receipt of a complete and correct report. The Seller conducts verification in a non-arbitrary, objective manner and with due diligence. To verify the User Content, the Seller may request additional information or documents from the reporting party, e.g., confirming possession of rights that the verified User Content potentially infringes.

7. During verification, the Seller is entitled to block User Content in such a way that it becomes invisible to other Buyers.

8. After verification, the Seller may permanently block or remove User Content as violating the Regulations or determine that the User Content does not violate the Regulations. If the User Content was previously blocked and after verification it turned out that the User Content does not violate the Regulations, the Seller shall immediately restore the User Content and notify the reporting party, stating the justification for its decision.

9. In the event of blocking or removal of User Content, the Seller shall immediately notify both the reporting party and the Buyer who posted the User Content subject to blocking or removal, stating the justification for its decision.

10. In the event of blocking or removal of User Content as inconsistent with the Regulations or refusal to block or remove User Content, the Buyer who posted such User Content or the reporting party may appeal in accordance with the principles described in § 22 of the Regulations.

11. The Seller ensures that all appeals regarding User Content will not be handled automatically — the Seller's personnel will be responsible for verifying the validity of blocking or removing User Content.

§ 21. Sanctions for unacceptable User Content

1. If the Buyer uses the Website in violation of the Regulations, providing any User Content contrary to the Regulations, the Seller may:

   1. block the User Account;

   2. permanently delete the User Account;

   3. suspend the Buyer's use of certain Website functionalities;

   4. permanently disable the Buyer's use of certain Website functionalities.

2. The choice of measure referred to in paragraph 1 depends on the circumstances of the case and the severity of the infringement committed by the Buyer while using the Website. These actions remain independent of other actions that the Seller may take in relation to the User Content, such as blocking access or permanently deleting the User Content.

3. When choosing the measure referred to in paragraph 1, the Seller acts with due diligence, in an objective and proportionate manner and with due regard for the rights and legitimate interests of all parties involved.

4. Blocking a User Account or suspending the use of certain Website functionalities may occur for a period of 5 to 30 days. After the expiry of the foreseen period, the Seller unblocks the User Account or restores access to the Website functionalities that were suspended.

5. In the event of the application of the measure referred to in paragraph 1, the Buyer against whom the measure was applied may appeal in accordance with the principles described in § 22 of the Regulations.

6. The Seller ensures that all appeals regarding the application of the measure referred to in paragraph 1 will not be handled automatically — the Seller's personnel will be responsible for verifying the validity of the application of a given measure.

§ 22. Appeals

1. In the event that:

   1. the Seller did not block or remove User Content despite a report from another Buyer or a third party;

   2. User Content was blocked or removed in violation of the Regulations;

   3. the Seller applied any sanctions to the Buyer related to User Content;

– the Buyer who provided the User Content, or the person who reported the User Content for verification, may submit an appeal.

2. Every decision of the Seller related to User Content must contain a justification that allows for an appeal — except when the Seller receives an order related to User Content from an appropriate service or public authority. The justification must meet the requirements provided in the Digital Services Act (DSA) and include information such as:

   1. an indication of whether the decision involves the removal of User Content, prevention of access thereto, de-listing or limiting the visibility of User Content, or suspension or termination of monetary payments relating to such User Content, or imposes other measures referred to in the Regulations in respect of such User Content, 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 taken, including, where applicable, whether the decision was taken on the basis of a notification made by another Buyer or a third party, or on the basis of voluntary checks carried out on the initiative of XXX, and, where absolutely necessary, the identity of the notifier;

   3. where applicable, information about the use of automated means in making the decision, including whether the decision was taken in respect of User Content detected or identified using automated means;

   4. if the decision concerns potentially unlawful User Content, an indication of the legal basis or contractual basis on which the decision is based, and an explanation of the reasons why, on that basis, the User Content is considered unlawful;

   5. clear and buyer-friendly information about the appeal options available to the Buyer or notifier.

3. An appeal may be submitted by sending it:

   1. to the electronic address sklep@navihood.pl;

   2. via the contact form;

   3. in writing, preferably by registered mail — to the Seller's registered office address.

4. The appeal should contain:

   1. the name and surname (or company name) of the appellant;

   2. contact details;

   3. a detailed justification as to why, in the appellant's opinion, the Seller's decision was incorrect and should be changed.

5. Upon receipt of the appeal, the Seller shall immediately confirm its receipt — electronically, to the provided electronic address.

6. Appeals are processed within 14 days from the date of submission of the appeal.

§ 23. Reviews

1. The Seller provides the Buyer with the opportunity to publish a product review on the Website.

2. The function of publishing a product review is available after concluding the Agreement concerning the Product, which protects against publishing reviews by Buyers who have not purchased the Product. Furthermore, it is forbidden for a Buyer to publish reviews if they have purchased the Product but have not used it in a way that allows for the formulation of a reliable review.

3. The Buyer should formulate the review in a reliable, honest, and factual manner, with grammatically correct language where possible, and without using vulgarisms or other words generally considered offensive.

4. A review published by a Buyer is a type of User Content. Therefore, the Seller may moderate reviews in accordance with the principles set out in § 19 of the Regulations, and any person browsing the content of the Website may report a review that violates the Regulations in accordance with the principles set out in § 20 of the Regulations.

5. The Seller may independently publish product reviews on the Website collected in a manner other than by the Buyer publishing a review in accordance with the principles set out above.

6. The Seller declares and guarantees to the Buyer that the product reviews published by it, referred to in paragraph 5, come exclusively from Buyers who have used the Products in a way that allows for the formulation of a reliable review. For the purpose of collecting such reviews, the Seller individually contacts the Buyer who purchased the Product, asking them to share their opinion for publication on the Website.

7. The reviews referred to in paragraphs 5 and 6 are not User Content, but any person browsing the content of the Website who finds that a specific review violates the Regulations may report it for verification in accordance with the principles set out in § 20 of the Regulations.

§ 24. Personal Data and Cookies

1. The Seller of the Buyer's personal data is the Seller.

2. The Website uses cookie technology.

3. Details related to personal data and cookies are described in the privacy policy available at https://navihood.pl/polityka-prywatnosci

§ 25. Intellectual Property Rights

1. The Seller informs the Buyer that all content available on the Website, Digital Content, and elements of Products (e.g., graphic designs of labels) may constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, to which copyrights belong to the Seller or other authorized entities, as well as databases protected under the provisions on database protection.

2. The Seller informs the Buyer that the exploitation of copyrighted content or the use of databases by the Buyer without the consent of the Seller or other authorized entity, with the exception of use within the scope of permitted use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.

3. The Seller may enter into a separate license agreement with the Buyer related to the Buyer's use of content or databases belonging to the Seller (e.g., by using product photographs, using product descriptions, etc.). In order to conclude such an agreement, the Buyer should approach the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which they intend to use the content or databases belonging to the Seller, and about the planned duration of use. Upon receipt of such a proposal, the Seller will present an offer in accordance with its own licensing policy.

§ 26. Out-of-court methods for handling complaints and pursuing claims

1. The consumer has the possibility to use out-of-court complaint and claim settlement methods. The consumer has, among others, the possibility to:

1. apply to a permanent amicable consumer court for the resolution of a dispute arising from the concluded Agreement,

2. apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and the Seller,

3. seek assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

2. More detailed information on out-of-court complaint and claim settlement methods can be found by the Consumer on the website http://polubowne.uokik.gov.pl.

3. The Consumer can also use the ODR platform, available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or a service agreement.

§ 27. Complaints and calls to action

1. Every Buyer has the right to file a complaint regarding the functioning of the Website or the performance of the Agreement. To facilitate the Consumer or PNPK in exercising their rights related to the Seller's liability for the conformity of the Goods or Digital Content with the Agreement, the Seller has prepared a complaint form template that the Consumer or PNPK may use. The template is available at https://navihood.pl/formularz-reklamacyjny

2. Complaints should be submitted to the Seller at sklep@navihood.pl.

3. Buyers' complaints will be processed on an ongoing basis, but no later than within 14 days from the date the Seller receives the complaint notification.

4. A response to the complaint will be sent to the Buyer at the contact details provided by the Buyer when submitting the complaint.

5. If the Seller did not provide the Digital Content in accordance with the Agreement, the Buyer may file a complaint calling on the Seller to provide the Digital Content. If, despite this call, the Seller does not provide the Digital Content immediately or within an additional period agreed upon by the Parties, the Buyer may withdraw from the Agreement. The Buyer may withdraw from the Agreement without calling on the Seller to provide the Digital Content when:

1. it is clear from the Seller's statement or circumstances that the Seller will not provide the Digital Content;

2. the Parties agreed, or it is clear from the circumstances of the conclusion of the Agreement, that a specific deadline for providing the Digital Content was essential for the Buyer, and the Seller did not provide it by that deadline.

§ 28. Final Provisions

1. The Seller reserves the right to introduce and withdraw offers, promotions, and to change Prices on the Website without prejudice to the rights acquired by the Buyer, including, in particular, the terms of Agreements concluded before the change.

2. The Seller reserves the right to introduce changes to the Regulations for important reasons such as:

   1. change of conditions for delivering Products, Digital Content, or Electronic Services;

   2. necessity to adapt the Regulations to legal changes;

   3. necessity to adapt the Regulations to a decision, judgment, or other ruling of a competent court or state authority;

   4. necessity to fulfill a legal obligation incumbent on the Seller;

   5. editorial changes.

3. If the Seller has the Buyer's e-mail address, the Buyer will receive an e-mail with information about the change to the Regulations.

4. Agreements for the sale of Goods are subject to the Regulations in force at the time of concluding the Agreement.

5. Agreements for the provision of Digital Content are subject to the Regulations in force at the time of concluding the Agreement.

6. In the case of Electronic Services, if the Buyer does not accept the change to the Regulations, they may, without incurring any costs, resign from using the Electronic Services, e.g., delete the User Account, unsubscribe from the Newsletter, stop browsing publicly available content on the Website.

7. Changes to the Regulations do not affect the rights acquired by the Buyer before the date the change enters into force.

8. Any disputes related to Agreements concluded via the Website will be settled by the Polish common court competent for the place of permanent business activity of the Seller. This provision does not apply to Consumers and PNPK, in which case the court's jurisdiction is determined according to general rules.

9. These Regulations are effective from January 31, 2024.

10. All archived versions of the Regulations are available for download in .pdf format – links are provided below the Regulations.