§ 1 General provision

1. This document defines the Privacy Policy of the "NOVATEL" online shop operating at https://loneworker.pl/, run by "NOVATEL" spółka z ograniczoną odpowiedzialnością with its registered office in Bieruń (43-155) at ul. Turystyczna 1, registered in the register of entrepreneurs kept by the District Court of Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register under KRS no.: 147518, with REGON no.: 270098047 and NIP no.: 6340134843, with the share capital of 50,400.00 PLN, and defines the terms and conditions of providing free of charge electronic services by "NOVATEL" limited liability company with its registered office in Bieruń.
2. Terms used in the regulations mean:
   
   • Customer - a natural person (with full legal capacity), a legal person or an organisational unit that is not a legal person, to which the law grants legal capacity, who has made or intends to make a purchase in the "NOVATEL" Internet Store;
   • Seller - "NOVATEL" spółka z ograniczoną odpowiedzialnością with its registered office in Bieruń (43-155) at ul. Turystyczna 1, registered in the register of entrepreneurs kept by the District Court Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register under KRS no.: 147518, holding REGON no.: 270098047 and NIP no.: 6340134843, with a share capital of PLN 50,400.00;
   • Shop - the online shop maintained by the Seller at the domain https://loneworker.pl/;
   • Consumer - within the meaning of the Civil Code Act of 23 April 1964 - a User who, as a natural person, performs a legal transaction not directly related to his/her business or professional activity. Consumers, within the meaning of these Rules and Regulations, are also entrepreneurs running a sole proprietorship, concluding contracts not of a professional nature arising from the subject of their activities;
   • Entrepreneur - a natural person, a legal person or an organisational unit which is not a legal person but to which the law confers legal capacity, conducting in its own name a commercial or professional activity and performing a legal action directly related to its commercial or professional activity;
   • OWS - General Terms and Conditions of Sale;
   • Regulations - this document and all its annexes.
3. The seller, by means of the Internet through the Shop, offers the sale of products in the field of communications.
4. Detailed product information can be found on the website https://loneworker.pl/, as well as made available by the Seller by email and telephone.
5. The Customer may contact the Seller by post at the address indicated in point 2b, by e-mail at: handel@novatel.pl, as well as by telephone at: +48 32 201 17 04.

§ 2 Terms and conditions of the shop

1. In order to use the services provided in the Shop, the Customer must meet the following technical requirements:
   
   • have a computer, laptop or other device with internet access,
   • have access to e-mail,
   • use a web browser (the latest version is recommended),
   • enable cookies in your browser.
2. The online shop provides electronic services in the form of:
   
   • Offer enquiry form,
   • Newsletter,
   • Contact form.
3. The Seller shall not charge any fees for the provision of the services referred to in paragraph 2.
4. The above services are provided for an indefinite period of time. The Customer may at any time, without giving any reason, resign from a given service (withdraw from the contract for the provision of electronic services) by sending an appropriate e-mail message to the e-mail address of the Seller, and in the case of the Request for Quotation Form or the Contact Form - by refraining from filling them in.
5. The quotation request form allows the Customer, as well as any Internet user, to ask the Vendor for a quotation for certain products and to provide him with an offer concerning the terms and conditions of their purchase.
6. Newsletter service consists of sending by the Seller, to an e-mail address, a message in electronic form containing information about the Seller's products and services. The Newsletter is sent by the Seller to all Customers who have expressed their wish to receive it by providing their e-mail address.
7. The contact form allows the Customer, as well as any Internet user, to contact the Seller.
8. It is forbidden for the Customer to provide unlawful content and to use the Shop, its website or free services provided by the Seller, in a manner contrary to the law, good morals, violating personal rights of third parties or legitimate interests of the Seller.
9. The Seller makes every effort to ensure that the use of the Shop is safe and does not expose the Customers or the Shop users to any risks. However, due to the public nature of the Internet, the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorised persons, therefore the Seller recommends that Customers use appropriate technical measures to minimise the aforementioned risks. In particular, the Seller recommends using anti-virus and similar programmes to protect the identity of those using the Internet. The Seller never asks the Customer to provide him/her with any form of password with which the Customer logs in to any of his/her accounts, especially bank accounts.
10. All complaints related to the provision of free electronic services by the Seller may be submitted by Customers in accordance with the procedure provided for in § 7.

§ 3 Placing orders and concluding contracts

1. The customer places the order by e-mail. The seller does not sell by telephone or using an online order form.
2. To place an order and make a purchase, the customer selects the product of interest in the Store by clicking on the "Add Product" button. The Customer is then redirected to the Quotation Request Form. If the Customer is interested in purchasing other products as well, he or she can add them to the enquiry by clicking "Add more". Once the Customer has selected all the products he/she is interested in and completed the Quotation Request Form, the Customer should click "Send Quotation". The Seller will then provide the Customer with the price and terms of payment and sale of the products to which the enquiry relates. The offer presented by the Seller is binding for the period indicated therein. During this time, the Customer may send an e-mail to the Seller confirming acceptance of the offer and information regarding acceptance of the terms and conditions of these Terms and Conditions. Acceptance of the offer and acceptance of the Terms and Conditions is tantamount to the Customer's declaration of knowledge that an order entailing an obligation to pay has been placed. The offer can be accepted by the Customer only without reservations.
3. The conclusion of the contract of sale occurs when the Seller receives an e-mail message about acceptance of the offer and acceptance of the Terms and Conditions.
4. The contract is concluded between the Seller and the Customer. The content of the contract consists jointly of the content of the Terms and Conditions and the content of the offer accepted by the Customer.
5. Once an order has been placed by the Customer, the Seller sends an e-mail confirming that the order has been placed for fulfilment, together with the details of the order, which include, inter alia: the identification of the main characteristics of the products ordered, the order completion date, the indication of the total price including taxes and charges, and the presentation of the Customer's personal data provided in the e-mail or in the Quotation Request Form.
6. The content of the concluded contract is recorded, secured and made available by:
   
   • making these terms and conditions available on the shop's website,
   • recording the content of the contract in the Shop's IT system.
7. Placing an order on behalf of a legal person or organisational unit without legal personality is tantamount to a declaration that the person placing the order is authorised to represent the entity on behalf of which the order is placed. Placing an order without the appropriate authorisation will result in the liability of the person placing the order for any damage resulting from this fact.

§ 4 Payment terms and methods

1. The Seller provides the possibility of payment only by traditional bank transfer to the Seller's bank account provided to the Customer in the e-mail.
2. The terms of payment, including the amount as well as the amount of any prepayment, are each time agreed in the offer.
3. If a refund is required for a transaction made by the Customer, the Seller shall make the refund to the same payment instrument with which the Customer made the payment.
4. Pursuant to the Ordinance of the Minister of Finance of 17 December 2010 on sending invoices in electronic form, the rules of their storage and the manner of making them available to tax authorities or tax inspection bodies (Journal of Laws No. 249, item 1661), invoices and pro forma invoices can be made available by sending them to the Customer's e-mail address.
5. The customer accepts the method of transmission of VAT invoices and pro forma invoices as described above. This acceptance can be revoked by written notification.

§ 5 Delivery of orders

1. The customer shall bear the costs of delivery of the ordered products to their destination.
2. The products are delivered to the indicated address in the Republic of Poland. The delivery charges for the products are stated in the e-mail containing the offer and in the e-mail confirming acceptance of the order.
3. The seller provides the following delivery methods for the products:
   
   • by courier service,
   • personal collection.
4. Lead times are subject to product availability in stock.
5. Order fulfilment starts once prepayment has been made, provided that it has been stipulated in the offer.

§ 6 Right of withdrawal

1. The provisions contained in this paragraph constitute rights granted exclusively to the Customer who is a Consumer.
2. The consumer has the right to withdraw from the contract concluded with the Seller within 14 days of receiving the consignment or collecting the product in person, without giving any reason.
3. The Customer may submit a declaration of withdrawal using the withdrawal form at the end of the Terms and Conditions, either by post to the address: ul. Turystyczna 1, 43-155 Bieruń, or to the contact e-mail address: handel@novatel.pl.
4. The submission of a declaration of withdrawal without using the form shall not affect the validity of the withdrawal. Sending the declaration of withdrawal before the deadline shall be sufficient for it to be effective.
5. The seller shall immediately confirm receipt of the declaration of withdrawal by e-mail (to the address provided when the order was placed).
6. The consumer should return the purchased products within 14 days of sending the withdrawal declaration to the Seller's address.
7. If a declaration of withdrawal is sent, the contract shall be deemed not to have been concluded.
8. The consumer shall bear the direct costs of returning the purchased products.
9. The Consumer shall be liable for any 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, such as the cost of cleaning and repairing parts. In order to ascertain the nature, characteristics and functioning of the products, the Consumer shall only handle and inspect the products in the same way as he would be able to do in a stationary shop.
10. The Seller is obliged to return to the Consumer immediately, no later than within 14 calendar days from the date of receipt of the Consumer's declaration of withdrawal from the contract, all payments made by the Consumer, including the costs of delivery of the product (excluding additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method made available by the Shop). The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund.
11. The Seller may withhold reimbursement of payments received from the Consumer until the Product is received back or the Consumer provides proof of return.
12. The right of withdrawal shall not apply, inter alia, to a contract in which the object of performance is a non-refabricated item produced to the consumer's specifications or intended to meet the consumer's individual needs.

§ 7 Responsibility for performance in accordance with the contract Complaint procedure

1. The seller is obliged to provide services and goods in accordance with the contract. The seller has a legal obligation to deliver goods without defects.
2. The rules concerning the Seller's liability to the Consumer under contracts obliging the Seller to transfer ownership of the goods to the Consumer are governed by Chapter 5a of the Act of 30 May 2014 on Consumer Rights.
3. In terms of complaints, the Consumer may exercise the rights granted to him/her by the provisions of the Consumer Rights Act of 30 May 2014, inter alia for the non-conformity of the goods with the sales contract.
4. The Seller shall be liable to the Consumer for non-compliance of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the expiry date of the goods indicated by the Seller is longer. Prior to the expiry of the aforementioned period, the Consumer may notify the Seller of the discovered non-conformity by sending an appropriate message using one of the means enabling contact with the Seller referred to in §1.5.
5. The Seller acknowledges the receipt of the complaint and requests the Consumer to immediately deliver the goods not in conformity with the contract to the Seller in order to respond to the complaint.
6. If the complaint is not accepted, the goods will be sent back with an opinion as to whether the complaint is unfounded.
7. If the Seller does not respond to the Consumer's complaint within 14 calendar days from the date of delivery of the complaint, the Seller shall be deemed to have acknowledged the Consumer's complaint and his demand.
8. The Seller disclaims its liability under warranty towards Customers who are not Consumers to the fullest extent permitted by law.

§ 8 Out-of-court dispute resolution

1. In order to resolve a dispute arising in connection with a purchase from the Shop, the Customer who is a Consumer has the possibility to seek the assistance of the following institutions before bringing a case in the ordinary courts:
   
   • use of the permanent amicable consumer court as referred to in the Act of 15 December 2000 on Trade Inspection by submitting a request for settlement of a dispute arising from the sales contract,
   • applying to the Provincial Inspector of Trade Inspection to initiate mediation proceedings with a view to resolving the dispute amicably,
   • seek assistance from the district or municipal consumer ombudsman or a social organisation whose purpose is to protect consumer rights.
2. Detailed information about the possibilities of out-of-court dispute resolution for consumers and the availability of procedures is available at the offices and websites of institutions such as the Trade Inspection, district (city) consumer ombudsmen, social organisations for the protection of consumer rights, and the Office of Competition and Consumer Protection.
3. A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.

§ 9 Final provision

1. The provisions contained in sections 4.4 to 10.8 of the GTCS also apply accordingly to non-consumers. The provisions contained in sections 9.1. to 9.4.10 as well as in sections 7.1., 7.2., 7.3., 8.1., 8.2., 10.1 and 10.2. are also applicable to Customers who are Consumers. Otherwise, the provisions of these GTCS shall not apply to sales made through the Shop. In the case of a conflict between the provisions of these Regulations and the provisions of GTS, the provisions of GTS shall prevail.
2. The Seller reserves the right to amend these Terms and Conditions due to changes in applicable laws or changes in the way contracts are concluded and performed. These changes will not affect orders and contracts placed, executed or fulfilled.
3. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply, in particular the Act of 23 April 1964 Civil Code and the Act of 30 May 2014 on Consumer Rights.
4. Any disputes arising from the performance of the contract concluded between the Seller and a Customer who is not a Consumer shall be settled by the court having jurisdiction over the Seller's registered office.
5. The Privacy Policy, available HERE.
6. The GTCS are also an appendix to the Terms and Conditions, which apply only to the extent specified in paragraph 1. The content of the GTCS is available HERE.
7. The regulations are effective as of 31 January 2023.