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Legal documents

Terms, GDPR
and marketing consent.

This document applies from the moment of publication and covers orders placed in the modular kitchen shop, individual project enquiries (Bespoke), and cooperation with architects submitted via the forms on noavia.eu.

TERMS AND CONDITIONS OF THE NOAVIA.EU ONLINE SHOP AND WEBSITE

These Terms and Conditions set out the rules for using the website available at noavia.eu, placing Orders, concluding and performing Sales Agreements, making payments, organising deliveries, making enquiries regarding the fulfilment of individual NOAVIA Bespoke orders, and collaborating with architects, designers and business partners.

These Terms and Conditions shall come into force on the date of their publication on the Website.44

§1. General Provisions

The owner of the Website and the operator of the Online Shop is:

{{company}}

Address:

{{address}}

Email contact:

studio@noavia.eu

Telephone and WhatsApp:

[numer telefonu — uzupełnij w panelu admina / Ustawienia]

Hereinafter referred to as “NOAVIA”, “the Seller” or “the Service Provider”.

These Terms and Conditions set out the rules for:

  • using the Website,
  • placing Orders,
  • concluding Sales Agreements,
  • making payments,
  • organising Delivery,
  • fulfilling Standard Orders,
  • handling Custom Orders,
  • submitting Bespoke Requests,
  • the submission of enquiries by architects, designers and business partners,
  • the submission and handling of complaints,
  • the use of forms, configurators and other features of the Website.

The Terms and Conditions are available free of charge on the Website in a format that allows them to be downloaded, viewed and saved.

The Customer should familiarise themselves with the Terms and Conditions before placing an Order.

Acceptance of the Terms and Conditions constitutes acceptance of their provisions to the extent consistent with mandatory provisions of law.

The provisions of these Terms and Conditions do not exclude or limit the rights of Consumers or Business Customers with consumer rights arising from mandatory provisions of law.

If any provision of these Terms and Conditions conflicts with a mandatory provision of law, the formershall prevail, and the remaining provisions of the Terms and Conditions shall remain in force to the fullest extent permitted by law.

§2. Definitions

  • Website – the website available at noavia.eu, including its subpages and functionalities.
  • Online Shop – the part of the Website enabling the placing of Orders for Goods.
  • Seller / NOAVIA – {{company}}.
  • Customer – a natural person, a legal person or an organisational unit using the Website, placing an Order or submitting a Request.
  • Consumer – a natural person entering into a legal transaction with a trader that is not directly related to their business or professional activity.
  • Entrepreneur with consumer rights – a natural person entering into a contract directly related to their business activity, where the terms of that contract indicate that it is not of a professional nature for that person, to the extent that the applicable legislation grants them the protection afforded to a consumer.
  • B2B customer – a customer carrying out activities in connection with their business or professional activities, who, in the relevant context, does not qualify as a Consumer or a trader with consumer rights.
  • Goods – movable property offered by NOAVIA, in particular modular kitchens, furniture sets, furniture items, fronts, panels, furniture components, accessories or other products.
  • Standard Goods – Goods offered in a pre-defined version, configuration or set, without individual modifications made at the Customer’s request, subject to the standard variants presented on the Website.
  • Customised Goods – Goods that are not prefabricated, manufactured to the Customer’s specifications or designed to meet their individual needs.
  • Modular Kitchen – a set of kitchen furniture based on specific modules, the detailed scope of which is set out in the product description, Specification, Order Confirmation or other contractual documents.
  • Bespoke – a process relating to bespoke furniture, interior design or fittings, requiring separate arrangements, quotations, documentation or a contract.
  • Order – a declaration made by the Customer via the Online Shop’s functionality, with a view to purchasing Goods.
  • Order Confirmation – an automated or other message confirming solely the technical receipt of the Order by NOAVIA.
  • Order Acceptance – an explicit statement by NOAVIA confirming acceptance of the Order for fulfilment, sent to the Customer in writing, in particular by email.
  • Sales Contract – a contract relating to the Goods concluded between NOAVIA and the Customer in accordance with the procedure set out in the Terms and Conditions.
  • Specification – a document, specification, description, drawing, product sheet, configuration, list of modules, materials, dimensions, variants, parameters or other elements defining the Goods or their fulfilment.
  • Enquiry – an enquiry sent via the contact form, the Bespoke form, the form for architects or another communication channel, which in itself does not constitute an Order or the conclusion of a contract.
  • Delivery – the transport of the Goods to a location agreed with the Customer.
  • Fitting – the service of installing, assembling, securing or positioning the Goods, where this has been expressly included in the Contract.
  • Working Day – a day from Monday to Friday, excluding public holidays in Poland.
  • Payment Processor – an external entity processing payments.
  • Price – the price of the Goods as indicated on the Website or agreed individually.
  • Project Documentation – in particular, drawings, plans, visualisations, working drawings, shop drawings, schedules, models, CAD and DXF files, material specifications or other documents relating to the project.

§3. Nature of the information presented on the Website

Information about the Goods presented on the Website, including descriptions, photographs, visualisations, renders, Prices, availability and specifications, should be interpreted in accordance with their content and the applicable provisions of law.

Subject to mandatory provisions of law, the mere:

  • listing of a Product on the Website,
  • adding a Product to the basket,
  • commencing the payment process,
  • making a payment,
  • receiving an automatic Order Confirmation

does not automatically constitute acceptance of the Order by NOAVIA.

The Customer’s Order constitutes a declaration addressed to NOAVIA with a view to concluding a Sales Contract on the terms set out in the Order, the Terms and Conditions and the information provided to the Customer.

Prior to Accepting the Order, NOAVIA may verify, in particular:

  • the accuracy of the Customer’s details,
  • the accuracy of the Price,
  • the availability of the Goods,
  • the availability of materials and components,
  • technical feasibility,
  • production capacity,
  • logistical capacity,
  • the ability to fulfil the Delivery,
  • the Order’s compliance with the quotation,
  • the correctness of the configuration,
  • the completeness of the required details,
  • the risk of misuse or fraud,
  • compliance of the fulfilment with the law,
  • compliance of the fulfilment with safety requirements,
  • the ability to manufacture the Goods to NOAVIA’s quality standards.

NOAVIA is not obliged to accept every Order, provided that the refusal takes place prior to the conclusion of the Sales Contract and is in accordance with applicable law.

§4. Placing an Order

To place an Order, the Customer must:

  • select the Goods,
  • select the available variants, if any,
  • add the Goods to the basket,
  • provide the required details,
  • select an available payment method,
  • read the required information,
  • accept the Terms and Conditions,
  • place the Order using a function that clearly indicates the obligation to pay, if the Order entails such an obligation.

The Customer is obliged to provide details that are:

  • true,
  • up-to-date,
  • complete,
  • and accurate.

The Customer is liable for the consequences of providing an incorrect address, contact details or other information, subject to mandatory provisions of law.

Placing an Order may require payment to be made in accordance with the information provided during the purchasing process.

Upon technical receipt of the Order, NOAVIA may send an Order Receipt Confirmation.

The Order Receipt Confirmation does not constituteacceptance of the Order, unless the content of the message clearly indicates otherwise.

§5. Time of conclusion of the Sales Contract

Unless mandatory provisions of law or the explicit content of individual communication with the Customer provide otherwise, the Sales Contract is concluded upon NOAVIA sending the Order Acceptance to the Customer.

Order Acceptance may take place, in particular, via a message containing the following wording:

  • “The Order has been accepted for processing”,
  • “We confirm acceptance of the Order”,
  • any other unambiguous statement confirming acceptance of the Order.

Confirmation of payment by the Payment Operator does not in itself constitute acceptance of the Order by NOAVIA.

During the period between receipt of the Order and its acceptance, NOAVIA may:

  • accept the Order,
  • request further information,
  • request additional documents,
  • propose a change to the scope,
  • propose a change to the Price,
  • propose a change to the delivery terms,
  • propose a change to the delivery date,
  • refuse to accept the Order.

Any proposal to change a material element of the future Contract requires the Customer’s acceptance.

In the event that an Order is not accepted, if the Customer has already made a payment, NOAVIA shall refund the amount received to the extent due to the Customer, as a general rule using the same method of payment, unless the law or an agreement with the Customer permits another method.

§6. Refusal to accept an Order prior to the conclusion of the Contract

NOAVIA may refuse to accept an Order prior to the conclusion of the Contract, in particular in the event of:

  • unavailability of the Goods,
  • unavailability of materials,
  • unavailability of components,
  • unavailability of technology,
  • inability to produce the Goods in the selected configuration,
  • inability to manufacture the Goods to NOAVIA’s quality standards,
  • inability to effect the Delivery,
  • an error in the Price,
  • an error in the description of the Goods,
  • a system error,
  • a configurator error,
  • an integration error,
  • a technical error,
  • a clerical error,
  • an incorrect Price allocation,
  • an obvious discrepancy between the Price and the actual offer,
  • insufficient data for fulfilment,
  • the inability to verify the Customer’s details to the extent justified by the nature of the transaction,
  • reasonable suspicion of fraud,
  • reasonable suspicion of the use of another person’s data,
  • reasonable suspicion of the unauthorised use of a payment instrument,
  • a breach by the Customer of the Terms of Use of the Website,
  • a previous material breach of obligations towards NOAVIA,
  • the occurrence of a legal impediment,
  • the occurrence of a technical impediment,
  • the occurrence of a production impediment,
  • the occurrence of a logistical obstacle,
  • the risk of infringing a third party’s rights,
  • a risk to the safety of persons or property,
  • the occurrence of other objectively justified circumstances preventing or significantly hindering fulfilment.

In the case of a Consumer, the grounds for refusal shall be applied in compliance with mandatory provisions of law and the prohibition on the use of unlawful contractual provisions.

Refusal to accept an Order prior to the conclusion of the Contract does not constitute termination of the Contract, as the Contract has not yet been concluded.

§7. Prices

The prices of the Goods are displayed in accordance with the applicable legal provisions.

Information as to whether the Price includes VAT is provided in the information presented to the Customer.

The price of the Goods does not include costs which, according to the information provided to the Customer, are charged separately, in particular:

  • Delivery,
  • carrying in,
  • assembly,
  • measurement,
  • design,
  • installation services,
  • construction work,
  • electrical work,
  • plumbing work,
  • work related to preparing the premises,
  • other additional services.

All additional mandatory costs to be borne by the Consumer are communicated to them in accordance with the applicable regulations before the contract is concluded.

Prices apply exclusively to the scope explicitly indicated in the description, the shopping basket, the Specification, Order Confirmation or the individual Contract.

Items visible in a photograph, visualisation or rendering are not included in the Price unless they form part of the scope of the Goods as set out in their description.

In particular, the price of a kitchen does not automatically include:

  • domestic appliances,
  • taps and fittings,
  • a sink,
  • decorations,
  • room lighting,
  • building elements,
  • walls,
  • floors,
  • chairs,
  • tables,
  • freestanding furnishings,
  • accessories

unless expressly stated otherwise.

§8. Pricing Errors and Obvious Mistakes

NOAVIA exercises due care to ensure the accuracy of the prices and information presented on the Website.

In the event that the following are detected prior to the conclusion of the Contract:

  • a pricing error,
  • a technical error,
  • a system error,
  • an obvious mistake,
  • an integration error,
  • a configuration error,
  • an automatic recalculation error,
  • an incorrect application of a discount

NOAVIA may refuse to accept the Order or present the Customer with the correct terms and conditions.

If the Customer does not accept the amended terms and conditions, the Contract on the amended terms shall not be concluded.

In the event of an error discovered after the conclusion of the Contract, the applicable legal provisions and the general principles of civil law shall apply.

This paragraph does not grant NOAVIA an unlimited right to unilaterally change the Price after the conclusion of the Contract.

§9. Payments

The available payment methods are displayed during the Order placement process.

Payments may be processed by external Payment Operators, in particular Revolut or other providers indicated on the Website.

NOAVIA does not store full payment card details if such data is processed directly by the Payment Provider.

The Customer is obliged to make payments using a payment instrument which they are authorised to use.

In the event of:

  • a payment reversal,
  • a chargeback,
  • a transaction cancellation,
  • failure to receive funds,
  • suspected misuse,
  • suspected fraud

NOAVIA may, to the extent permitted by law, suspend the Acceptance of the Order or the performance of the Contract until the matter has been clarified.

If the Contract provides for partial, advance or instalment payments, failure to pay the amount due may result in the suspension of performance in accordance with the Terms and Conditions and the Contract.

§10. Delivery

Delivery shall take place only where it is covered by the Contract.

The available delivery methods and costs are communicated to the Customer in accordance with the applicable regulations.

If, due to the nature of the Goods, the cost of Delivery requires individual determination, a Contract covering paid Delivery shall only be concluded once the Customer has accepted the required terms and costs, unless the cost has been correctly specified in advance.

The Customer is obliged to provide aapproximate Delivery address.

The Customer should inform NOAVIA before the conclusion of the Contract or in good time prior to Delivery of any significant logistical restrictions, in particular:

  • entry restrictions,
  • restricted traffic zones,
  • lack of a lift,
  • height restrictions,
  • weight restrictions,
  • unusually narrow passageways,
  • the need to use a crane,
  • the need to occupy the carriageway,
  • restrictions imposed by the building’s residents’ association or management,
  • restricted delivery times.

Additional costs arising from undisclosed conditions may be charged to the Customer only to the extent permitted by law and actually resulting from the agreed supply or an additional service accepted by the Customer.

The delivery date may be specified:

  • by a specific date,
  • a range of dates,
  • a number of working days,
  • another agreed method.

§11. Collection of Goods

Upon collection of the Goods, the Customer should, where possible, check:

  • the condition of the consignment,
  • the number of parcels,
  • any visible damage,
  • the accuracy of the basic details.

In the event of visible damage, it is recommended to:

  • take photographs,
  • describe the damage,
  • to draw up a report with the carrier, if possible.

Failure to draw up a report does not deprive the Consumer of their statutory rights.

§12. Customised orders and personalisation

Goods may be classified as Customised Goods, if they are manufactured to the Customer’s specifications or are intended to meet their individual needs.

The following, in particular, may be considered elements of customisation:

  • non-standard dimensions,
  • cutting to size,
  • custom layout,
  • custom number of modules,
  • non-standard configuration,
  • non-standard material,
  • custom finish not included in the standard version,
  • drilling of holes for specific appliances,
  • preparation for custom household appliances,
  • custom milling,
  • custom drilling,
  • custom finish,
  • manufacture tailored to a specific room,
  • manufacture in accordance with custom Design Documentation.

Simply labelling the Goods as “customised” does not automatically exclude the statutory right of withdrawal. The decisive factors are the actual characteristics and manner of manufacture of the Goods, as well as the applicable legal provisions.

In the case of Customised Goods, the Customer may be asked to approve the Specification.

Acceptance of the Specifications may take place:

  • by email,
  • via the Customer’s dashboard,
  • by signature,
  • by electronic message,
  • by any other agreed method that allows the Customer’s declaration to be recorded.

Once the Specification has been approved, any changes may:

  • require a separate quotation,
  • result in a change to the deadline,
  • necessitate redesign,
  • necessitate the purchase of new materials,
  • be impossible once a specific stage of production has commenced.

§13. Bespoke Forms

The following forms:

  • Bespoke,
  • contact forms,
  • ‘For architects’,
  • forms relating to individual projects

are generally used to submit Enquiries.

The mere submission of an Enquiry:

  • does not constitute an Order,
  • does not constitute the conclusion of a contract,
  • does not oblige NOAVIA to accept the project,
  • does not guarantee a specific Price,
  • does not guarantee a specific deadline,
  • does not create an obligation to prepare a free quotation,
  • does not create an obligation to reserve production capacity.

A contract for the delivery of a Bespoke project may only be concluded on the basis of:

  • a separate quotation,
  • an individual contract,
  • an approved cost estimate,
  • approved Specifications,
  • another unambiguous agreement between the Parties.

NOAVIA may refuse to undertake an individual project prior to the conclusion of a contract.

The Shop Terms and Conditions do not replace a detailed contract concerning the implementation of a Bespoke project, should such a contract be concluded.

In the event of any discrepancy between these Terms and Conditions and an individually agreed Bespoke contract, the individual contract shall take precedence, subject to mandatory provisions of law.

§14. Documentation, visualisations and nature of materials

Photographs, visualisations, renders, animations and digital presentations may differ from the actual appearance of the Goods to an extent resulting, amongst other things, from:

  • screen settings,
  • monitor calibration,
  • lighting conditions,
  • photographic editing,
  • rendering technology,
  • the natural properties of the material.

The above provision does not exclude the obligation for the Goods to comply with the Contract.

In the case of natural materials or those subject to natural variation, differences may occur in:

  • grain,
  • shade,
  • texture,
  • pattern,
  • pore structure,
  • colour intensity,
  • the presence of natural characteristics of the material.

This applies in particular to:

  • timber,
  • veneer,
  • natural stone,
  • mineral materials,
  • sintered materials,
  • hand-finished surfaces,
  • metal with a decorative finish,
  • brushed surfaces,
  • components with natural variations within a production batch.

Normal characteristics of the material do not in themselves constitute a non-conformity of the Goods with the Contract, provided that the Goods correspond to the agreed type, quality and properties required by law and the Contract.

Material samples may differ from the entire panel, block, sheet or final Goods to an extent naturally arising from the specific nature of the material.

§15. Manufacturing tolerances

Goods manufactured industrially, by hand or to specific dimensions may be subject to normal manufacturing tolerances specific to:

  • the material,
  • the machinery,
  • the technology,
  • the assembly method,
  • the component manufacturer’s guidelines,
  • relevant industry standards or specifications.

Where a specific tolerance is of material importance, it may be specified in:

  • the Specification,
  • the Design Documentation,
  • the technical data sheet,
  • the manufacturer’s terms and conditions,
  • an individual contract.

NOAVIA does not set a single general dimensional tolerance limit for all Goods.

The assessment of the Goods’ conformity with the Contract should take into account the agreed parameters, the nature of the Goods, the properties of the material and the applicable legal provisions.

§16. Availability of materials and components

The availability of materials and components may depend on manufacturers, importers, distributors and other suppliers.

In the event of unavailability prior to the conclusion of the Contract, NOAVIA may:

  • refuse to accept the Order,
  • propose an alternative material,
  • propose an alternative component,
  • propose a change to the delivery date.

After the conclusion of the Contract, NOAVIA may propose a substitute material or component with comparable specifications.

Anyany significant change requiring the Customer’s consent shall be made only after obtaining their approval, if required by the Contract or by law.

NOAVIA is not entitled to arbitrarily substitute the agreed Goods with a product that is substantially different to the detriment of the Consumer.

Minor technical changes, which do not impair the functionality, safety or agreed nature of the Goods, may be made to the extent permitted by law and the Contract.

§17. Delivery times

The delivery time is determined by:

  • the information provided to the Customer,
  • the Order Confirmation,
  • the Specification,
  • the individual Contract.

If fulfilment requires the Customer’s cooperation, the start of the delivery period may depend on:

  • the provision of correct data,
  • approval of the Specification,
  • the making of the required payment,
  • the selection of materials,
  • the provision of access to the measurement site,
  • the provision of household appliance documentation,
  • the provision of technical information,
  • other agreed actions on the part of the Customer.

Any delay on the part of the Customer in carrying out the required action may result in a corresponding adjustment to the schedule, to the extent resulting from the actual impact of that delay on the execution of the order.

Any change to the scope requested by the Customer may result in:

  • a change to the Price,
  • a change to the deadline,
  • the need to prepare new Specifications,
  • the need for re-approval,
  • the need for re-measurement,
  • the need to repurchase materials.

§18. Client’s Cooperation

If the performance of the Contract requires the Client’s cooperation, the Client is obliged to cooperate to the extent arising from the Contract and the nature of the work.

Such cooperation may include:

  • the provision of data,
  • approval of the Specification,
  • the selection of materials,
  • ensuring access to the premises,
  • ensuring suitable conditions for measurement,
  • ensuring suitable conditions for Delivery,
  • preparing the Installation site,
  • making payments,
  • providing equipment models,
  • providing technical documentation.

If a lack of cooperation objectively prevents or significantly hinders performance, NOAVIA may:

  • call upon the Customer to take action,
  • suspend performance,
  • reschedule the work,
  • postpone the delivery date,
  • reschedule the installation date,
  • exercise other rights provided for by law or the Contract.

In relation to a Consumer, these measures shall be applied proportionately and with due regard to mandatory provisions of law.

§19. Suspension of performance

AVIA may suspend performance of the Contract to the extent permitted by law if further performance is impossible or significantly impeded due to:

  • non-payment of due amounts,
  • the Customer’s failure to provide the necessary consent,
  • the lack of necessary data,
  • the inability to carry out measurements,
  • the inability to effect Delivery,
  • the failure to prepare the Installation site,
  • the occurrence of a safety hazard,
  • a legal obstacle,
  • the need to investigate a suspected case of fraud,
  • a material breach of the Contract by the Customer,
  • a lack of documentation necessary for the manufacture of the Goods,
  • lack of information regarding equipment or installations.

Provided the situation does not require immediate action, NOAVIA may first request the Customer to remove the obstacle.

The period of suspension may affect the delivery date to the extent corresponding to the actual impact of the obstacle on the schedule.

A suspension may not be used to circumvent the Seller’s statutory obligations towards the Consumer.

§20. Withdrawal from or termination of the Contract by NOAVIA

NOAVIA may withdraw from or terminate the Contract only if:

  • there is a legal basis for doing so,
  • there is a valid and effective provision in the Contract,
  • there is a material breach of obligation by the Customer,
  • there is another legally permissible ground.

In particular, depending on the circumstances and the type of Contract, the grounds for taking the relevant legal action may include:

  • failure to pay an amount due despite a proper demand,
  • a persistent failure to provide the necessary cooperation,
  • the provision of false information material to the performance of the Contract,
  • preventing the performance of the service,
  • a persistent technical obstacle,
  • a persistent legal obstacle,
  • objective impossibility of performance,
  • a material breach of the Contract,
  • posing a real threat to employees, fitters or subcontractors,
  • fraud,
  • unlawful conduct on the part of the Customer.

In relation to a Consumer, NOAVIA does not have a discretionary and unrestricted right to terminate a Contract that is being properly performed without any legal or contractual basis.

Prior to termination or withdrawal, if the nature of the breach allows for its rectification and the law so requires, NOAVIA may set an appropriate additional period.

§21. Force majeure and extraordinary events

An extraordinary event is understood to mean an external event beyond the reasonable control of a Party, the consequences of which could not reasonably have been prevented.

These may include, in particular:

  • war,
  • armed conflict,
  • riots,
  • embargoes,
  • sanctions,
  • border closures,
  • natural disasters,
  • fire,
  • flooding,
  • catastrophes,
  • a major infrastructure failure,
  • a cyber-attack,
  • actions by public authorities,
  • extraordinary interruptions to energy supplies,
  • extraordinary transport disruptions,
  • other similar events.

The Party affected by such an event shall take reasonable steps to minimise its effects.

This paragraph does not exclude the Consumer’s statutory rights or any liability that cannot be excluded.

§22. Installation

Installation is covered by the Contract only if this is explicitly stated in its terms.

If Installation is not covered by the Sales Contract, the Price of the Goods does not include Installation.

The Customer is obliged to ensure the conditions agreed as necessary for the performance of the Installation.

The Installation site should be, to the extent required by the nature of the work:

  • accessible,
  • safe,
  • suitably prepared,
  • free from obstacles preventing work.

NOAVIA may refuse to commence or may suspend Installation in the event of a genuine risk to:

  • people,
  • property,
  • the Goods,
  • the building,
  • the installations.

In particular, the following may pose a problem:

  • undisclosed installations,
  • insufficient load-bearing capacity of the subfloor,
  • ongoing construction work,
  • excessive damp,
  • flooding,
  • lack of suitable electrical conditions,
  • lack of access,
  • failure to complete prior works.

Additional works not covered by the Contract require a separate agreement.

§23. Construction and installation conditions

Furniture and fittings are installed within the existing building space.

Unless NOAVIA has expressly assumed responsibility for a particular scope of work, NOAVIA shall not be liable for inherent defects in:

  • the building,
  • walls,
  • floors,
  • ceilings,
  • installations,
  • structures

which do not result from NOAVIA’s actions.

In particular, this applies to:

  • the absence of risers,
  • lack of levelness,
  • warped walls,
  • concealed pipes,
  • installations not complying with the documentation,
  • damp,
  • leaks,
  • insufficient load-bearing capacity,
  • errors by other contractors.

If such circumstances affect the feasibility of the Installation, the Parties shall agree on further action in accordance with the Contract and the law.

§24. Changes to the Order after the conclusion of the Contract

The Client may propose an amendment to the Contract.

NOAVIA is under no obligation to accept every amendment, in particular if:

  • production has commenced,
  • materials have been purchased,
  • binding orders have been placed with suppliers,
  • the amendment is technically impossible,
  • the amendment compromises safety,
  • the amendment is contrary to the law,
  • the amendment makes it impossible to maintain the agreed quality standard.

An accepted amendment may result in:

  • a change in price,
  • a change in the delivery date,
  • redesign costs,
  • remanufacturing costs,
  • costs of purchased materials,
  • costs of re-measurement,
  • other justified costs.

The cost of the change shall be borne by the Consumer only following appropriate agreement and to the extent permitted by law.

The change should be recorded in writing if its significance so requires.

§25. The Consumer’s Right to Withdraw from the Contract

A Consumer who has entered into a distance contract has the right to withdraw from the Contract without giving any reason within the time limit set out in the applicable legislation, which is generally 14 days, subject to statutory exceptions.

The consumer may submit a notice of withdrawal in any legally valid form.

The notice may be sent, in particular:

  • by email to studio@noavia.eu,
  • in writing to the address {{address}},
  • via the online functionality provided, if available.

To meet the deadline, it is sufficient to send the notice before the deadline expires.

NOAVIA will confirm receipt of an electronic notice in accordance with the applicable regulations, if required.

The effects of withdrawal, payment refund deadlines, rules for returning Goods and liability for any reduction in the value of the Goods are set out in the applicable legislation.

§26. Exclusions from the right of withdrawal

The right of withdrawal does not apply in cases specified by applicable law.

This applies in particular, provided the statutory conditions are met, to Contracts where the subject matter of the supply is Goods:

  • non-prefabricated,
  • manufactured to the Consumer’s specifications,
  • intended to satisfy their individualised needs.

The exclusion may apply in particular to items that are genuinely customised:

  • made-to-measure furniture,
  • customised panels,
  • components cut to size,
  • fitted furniture made for a specific room,
  • components made according to individual drawings,
  • Goods prepared for a specific device or configuration.

Simply choosing from standard options does not always automatically mean that the Goods are made to individual specifications within the meaning of the regulations.

Whether the exclusion of the right of withdrawal applies is determined by the actual nature of the Goods and the Contract.

NOAVIA does not deprive the Consumer of the right of withdrawal merely by arbitrarily designating a Standard Product as ‘personalised’.

§27. Return of Goods following a valid withdrawal

If the Consumer has validly withdrawn from the Contract and the law provides for an obligation to return the Goods, the return shall take place in accordance with the applicable legal provisions.

The Consumer shall bear the direct costs of returning the Goods if they have been properly informed of this and the law so provides.

Due to the size of the furniture, the cost of return may be significant.

If the Goods cannot be returned by standard post, the Customer will be informed of the rules regarding the cost of return to the extent required by law.

The Consumer is liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the Goods, in accordance with the applicable regulations.

§28. Consumer Complaints

NOAVIA is liable to the Consumer for any lack of conformity of the Goods with the Contract in accordance with the applicable legal provisions.

Complaints may be submitted:

To ensure the complaint is dealt with efficiently, please provide:

  • your full name,
  • the Order number,
  • a description of the problem,
  • the date the problem was discovered,
  • the Customer’s request,
  • photographic evidence, if this may be helpful.

The absence of photographs does not automatically result in the loss of the Consumer’s statutory rights.

NOAVIA may request:

  • additional information,
  • access to the Goods for inspection,
  • permission to carry out diagnostics

if this is reasonably necessary to process the complaint.

NOAVIA will respond to the complaint within the timeframe required by law.

The method of bringing the Goods into conformity with the Contract and other legal remedies available to the Consumer are set out in the applicable legislation.

These Terms and Conditions do not limit the Consumer’s statutory rights.

§29. Warranty

The warranty applies only if it has been granted separately.

The terms of the warranty are set out in the warranty document.

The warranty does not exclude, limit or suspend the rights arising from mandatory provisions of law.

The warranty provided by the component manufacturer may apply independently of the Customer’s other rights.

§30. B2B Customers – Special Provisions

This paragraph applies exclusively to B2B Customers to the extent permitted by law.

It does not apply to the extent that a person is entitled to protection as a Consumer or as a Business with consumer rights.

In B2B relations:

  • commercial information published on the Website may constitute an invitation to tender, unless otherwise indicated in its content,
  • the Contract is concluded in accordance with the Order Acceptance procedure,
  • NOAVIA may make fulfilment conditional upon advance payment,
  • NOAVIA may suspend fulfilment in the event of a delay in payment,
  • NOAVIA may refuse to provide further services in the event of a material breach of the Contract.

A B2B Customer is obliged to inspect the Goods in a timely manner and in the manner customary for goods of this kind, and to notify NOAVIA immediately of any irregularities found, to the extent required by applicable regulations and the arrangements between the Parties.

In B2B relations, to the fullest extent permitted by law, NOAVIA’s liability for:

  • loss of profits,
  • loss of contracts,
  • loss of revenue,
  • indirect damages,
  • consequential damages

is excluded, unless such exclusion would be impermissible under mandatory law.

In B2B relations, NOAVIA’s total liability for damages arising from a given Agreement may be limited to the net value of the remuneration actually paid to NOAVIA under that Agreement, except where such a limitation of liability is legally impermissible.

In relation to a B2B Customer, the Parties exclude NOAVIA’s liability under the warranty to the fullest extent permitted by applicable law, unless an individual Contract provides otherwise.

Provisions concerning the exclusion or limitation of warranty do not apply to Consumers, nor to the extent that applicable legislation protects a Business acting as a consumer.

A B2B Customer may not set off disputed claims against NOAVIA’s receivables, unless:

  • NOAVIA consents,
  • the claim has been finally and conclusively established,
  • mandatory law provides otherwise.

NOAVIA may make the continued fulfilment of B2B Orders conditional upon the settlement of outstanding liabilities.

§31. Business Operator with Consumer Rights

A natural person entering into a Contract directly related to their business activity may benefit from the protection provided by law for certain entrepreneurs, if it is apparent from the terms of the Contract that the Contract is not of a professional nature for that person.

The scope of this protection is determined by the applicable legal provisions.

The provisions of the Terms and Conditions relating to B2B Customers shall not apply to the extent that they would deprive such a person of the rights granted to them by mandatory provisions of law.

§32. Architects, designers and partners

Forms relating to cooperation with architects and designers are to be treated as enquiries regarding cooperation.

The mere submission of a form does not constitute:

  • an agency agreement,
  • a brokerage agreement,
  • a right to commission,
  • exclusivity,
  • an obligation to accept a project,
  • an obligation to provide a quotation,
  • an obligation to reserve production.

The terms of partnership require a separate agreement.

Commissions, discounts, remuneration or other benefits apply only if they have been expressly agreed.

§33. Copyright and Project Documentation

The content of the Website may be subject to legal protection.

It is prohibited to use such content beyond the scope of fair use without the consent of the rights holder.

Project Documentation produced by NOAVIA may constitute a work protected by copyright.

Payment for the completion of a project does not automatically entail the transfer of economic copyright, unless the Parties expressly agree otherwise.

The scope of any licence or transfer of rights should be set out in separate agreements.

A Client providing materials to NOAVIA declares that they are authorised to use them to the extent necessary for the fulfilment of the Order or the Contract.

The Client shall be liable for any infringement of third-party rights resulting from the provision of materials without the necessary authorisation, subject to applicable law.

§34. Prohibited uses of the Website

The following are prohibited:

  • providing unlawful content,
  • attempting unauthorised access,
  • disrupting the operation of the Website,
  • distributing malicious software,
  • automatically overloading the infrastructure,
  • impersonating other persons,
  • using other people’s data without authorisation,
  • using the Website for fraudulent purposes.

NOAVIA may take appropriate technical and legal measures to protect the Website.

§35. Technical requirements

Use of the Website requires:

  • a device with internet access,
  • an up-to-date web browser,
  • a valid email address to the extent required for placing Orders.

The Customer should use up-to-date software and security measures.

NOAVIA may carry out:

  • maintenance work,
  • updates,
  • technical downtime.

NOAVIA shall use reasonable endeavours to maintain the availability of the Website.

§36. Complaints regarding the operation of the Website

Technical complaints regarding the Website may be sent to studio@noavia.eu.

Where possible, the report should include:

  • a description of the problem,
  • the date it occurred,
  • the device and browser used,
  • a screenshot.

The absence of the above information does not deprive the Customer of the right to lodge a complaint.

§37. Personal data

The rules governing the processing of personal data are set out in NOAVIA’s separate Privacy Policy.

The data controller is:

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Address:

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unless otherwise specified in a particular process.

Data may be processed, in particular, for the purposes of:

  • handling Enquiries,
  • taking steps prior to entering into a Contract,
  • performing the Contract,
  • complying with legal obligations,
  • pursuing and defending claims,
  • marketing, where there is an appropriate legal basis.

The specific legal bases, retention periods, data recipients and the rights of data subjects are set out in the Privacy Policy.

§38. Operational contact

Placing an Order or submitting an Enquiry may require NOAVIA to contact the Customer.

Contact regarding:

  • Orders,
  • Enquiries,
  • payments,
  • Delivery,
  • projects,
  • complaints,
  • Installation

does not automatically constitute marketing communication.

NOAVIA may contact the Customer to the extent necessary to:

  • perform the Contract,
  • take steps prior to entering into the Contract,
  • handle enquiries,
  • fulfil legal obligations.

Contact may take place, in particular:

  • by email,
  • by telephone,
  • via WhatsApp on [numer telefonu — uzupełnij w panelu admina / Ustawienia],
  • via other channels specified by the Customer.

Direct marketing is carried out on an appropriate legal basis and in accordance with applicable regulations.

§39. Project photographs and marketing

NOAVIA does not automatically acquire, on the basis of the Sales Contract alone, an unrestricted right to publish data identifying the Customer.

The publication of project photographs may take place on an appropriate legal basis and in accordance with the scope of rights relating to the photographs, the design and any personal data.

If consent is required, it must be:

  • voluntary,
  • specific,
  • informed,
  • unambiguous.

Detailed rules may be set out in a separate consent form or licence agreement.

NOAVIA may document the progress of the work for the following purposes:

  • technical,
  • evidential,
  • complaints-related

on an appropriate legal basis and with due regard for privacy.

§40. Storage of Goods

If the Goods are ready for collection but the Customer is unable to collect them for reasons attributable to the Customer, the Parties may agree on their storage.

Charged storage requires a basis arising from:

  • the Contract,
  • the price list accepted by the Customer,
  • a separate agreement.

In B2B relations, NOAVIA may charge the agreed storage fees in accordance with the Contract.

A postponement of the collection or installation date by the Customer may result in a new date being set based on the current availability of teams, provided this has been duly agreed and is in accordance with the law.

§41. Liability for data and documentation provided by the Customer

The Customer must provide accurate data.

If the Goods are manufactured on the basis of dimensions provided by the Customer themselves without measurement by NOAVIA, responsibility for the accuracy of these dimensions rests with the Customer to the extent arising from the circumstances and the Contract.

NOAVIA shall not be liable for the consequences of incorrect dimensions provided by the Customer if:

  • NOAVIA was under no obligation to verify them,
  • the error did not result from NOAVIA’s actions,
  • the Customer was duly informed of the importance of the data.

If NOAVIA carries out its own measurements, the scope of liability shall be assessed in accordance with the Contract and the law.

§42. Household appliances and third-party products

If the Goods are being manufactured to fit an appliance specified by the Customer, the Customer must provide the correct:

  • model,
  • technical documentation,
  • required specifications.

A change to the appliance model after the Specification has been approved may require:

  • a design change,
  • a modification to the Goods,
  • an additional charge,
  • a change to the delivery date,
  • the re-manufacture of components.

NOAVIA shall not be liable for any defect in the third-party appliance itself, which it has not sold, subject to the scope of liability arising from any separate agreement.

§43. Hierarchy of contractual documents

In the event of any conflict between the provisions of the documents relating to a given Contract, the following hierarchy shall apply, unless the Parties have expressly agreed otherwise:

  • the individually signed Contract,
  • an accepted amendment,
  • the accepted Specification,
  • the Order Confirmation,
  • the Terms and Conditions,
  • general information materials.

Individually agreed provisions shall take precedence over a standard contract template not individually agreed, to the extent permitted by law.

§44. Out-of-court dispute resolution

A consumer may make use of out-of-court dispute resolution procedures and claim redress if these are available under applicable law.

Information regarding consumer protection and available forms of assistance may be obtained, amongst other sources, from the relevant authorities and public bodies.

Recourse to an out-of-court procedure is, as a rule, voluntary, unless mandatory provisions provide otherwise.

§45. Governing law

Polish law applies to the Contracts, subject to mandatory provisions protecting the Consumer.

The choice of Polish law does not deprive the Consumer of the protection afforded to them under provisions which cannot be excluded by contract, where such provisions apply.

§46. Jurisdiction

Disputes with Consumers shall be settled by the courts having jurisdiction in accordance with the applicable provisions of law.

In relation to B2B customers, to the extent permitted by law, the competent court shall be the court with local jurisdiction over NOAVIA’s registered office.

The above provision shall not apply if mandatory provisions provide otherwise.

§47. Amendments to the Terms and Conditions

NOAVIA may amend the Terms and Conditions for valid reasons, in particular due to:

  • changes in the law,
  • changes to the functionality of the Website,
  • changes to payment methods,
  • changes to delivery methods,
  • the need to improve security,
  • changes to the sales model,
  • the need to correct errors or ambiguities.

Amendments to the Terms and Conditions shall not affect acquired rights.

For Contracts already concluded, the Terms and Conditions in force at the time of conclusion of the Contract shall apply, unless:

  • mandatory law provides otherwise,
  • the Parties effectively agree to an amendment.

The new version of the Terms and Conditions shall apply to future Orders from the date specified upon its publication.

§48. Partial invalidity

If any provision of the Terms and Conditions proves to be:

  • invalid,
  • ineffective,
  • unenforceable,

this shall not automatically affect the validity of the remaining provisions.

The relevant provisions of law shall apply in place of any invalid or unenforceable provision.

§49. Final provisions

These Terms and Conditions shall come into force on the date of their publication on the Website.

These Terms and Conditions are available at noavia.eu.

The Customer may download and save them.

In matters not covered herein, the relevant provisions of law shall apply, in particular:

  • the Civil Code,
  • the Consumer Rights Act,
  • provisions concerning the provision of services by electronic means,
  • provisions concerning the protection of personal data,
  • other relevant legal acts.