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Terms and Conditions - NaviCompact
§ 1. General Provisions
Terms and Conditions – these Terms and Conditions define the rules for concluding distance sales contracts via the Online Store, the procedure for the performance of such contracts, the rights and obligations of the parties to the distance sales contract, and the rules of the complaint procedure. With respect to services provided electronically, these Terms and Conditions constitute the regulations referred to in Article 8 of the Polish Act on Providing Services by Electronic Means.
Client / Buyer – a natural person with full legal capacity, a legal person, or an organisational unit without legal personality to which legal capacity is granted by applicable law, who enters into a distance sales contract with the Seller.
Consumer – a natural person who performs a legal act with an entrepreneur which is not directly related to that person's business or professional activity.
Sole Proprietor (Individual Entrepreneur) – a natural person entering into a distance sales contract directly related to their business activity, where the content of the contract indicates that it is not of a professional nature for that person, in particular arising from the subject matter of the person's business activity made available pursuant to the provisions on the Central Registration and Information on Economic Activity.
Entrepreneur – a natural person, legal person, or organisational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
Seller – Flotman Sp. z o.o., with its registered office in Kraków, ul. Cystersów 9, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków–Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number: 0000386686, Tax Identification Number (NIP): 6762441088, National Business Registry Number (REGON): 121488982, with share capital of PLN 50,000.00. The Seller can be contacted via the following email address: support@navicompact.com.
Seller’s Registered Office Address:
Online Store – an online platform operated by the Seller, available at: https://www.navicompact.pl and https://www.navicompact.com, through which the Client may obtain information about Products and their availability, purchase Products, or order the provision of services.
Distance Sales Contract – a contract for the sale of Goods/Goods with digital elements/a contract for the supply of a Digital Service or Digital Content (as applicable), concluded via the Online Store.
Goods – a movable item which the Client may purchase in the Online Store, excluding items that merely serve as a carrier of Digital Content.
Digital Service – a service enabling the Consumer to:
Digital Content – data produced and supplied in digital form.
Goods with Digital Elements – goods containing or interconnected with Digital Content or a Digital Service in such a way that the absence of the Digital Content or Digital Service would prevent their proper functioning.
Privacy and Cookie Policy of the Online Store – a document setting out detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookie Policy constitutes Appendix No. 3 to these Terms and Conditions and is available at https://www.navicompact.pl/pl/privacy-and-cookie-notice and https://www.navicompact.com/en/privacy-and-cookie-notice.
Durable Medium – a material or device allowing the Client or Seller to store information addressed personally to them in a manner that enables access to the information in the future for a period adequate for the purposes of the information and allows for the unchanged reproduction of the information stored, in particular by means of electronic mail.
Electronic Order Form – an electronic order procedure made available to the Buyer by the Seller.
Electronic Return Form – an electronic procedure for processing returns, made available by the Seller to the Buyer; available at: https://www.navicompact.pl/pl/returns-open.html and https://www.navicompact.com/en/returns-open.html.
Electronic Complaint Form – an electronic procedure for submitting complaints, made available by the Seller to the Buyer; available at: https://www.navicompact.pl/pl/rma-open.html and https://www.navicompact.com/en/rma-open.html.
Order Submission – the act of confirming an order by clicking the "Order and Pay" button by the Client, which shall be deemed a binding declaration of intent to conclude a Distance Sales Contract with the Seller.
Account – a set of data stored in the Online Store and the Seller’s ICT system regarding a specific Client and their placed orders and concluded Distance Sales Contracts, through which the Client may place, cancel, edit orders, and conclude Distance Sales Contracts.
Order or Product Review – subjective comments and ratings expressed in the form of a 1 to 5-star scale.
Subscription Order – an order automatically generated as part of a Subscription.
Subscription – an electronic service allowing automatic generation of Subscription Orders for specified Licenses, in accordance with the frequency selected by the Client, without the need to place separate orders until the Subscription is terminated.
Recurring Payments – payments processed within a payment service provided by the Payment Operator, Stripe, carried out automatically in specified cycles, used to pay for Subscription Orders based on the consent granted by the Buyer at the start of the Subscription (standing order by the Cardholder). Recurring Payments can be made exclusively through the NaviCompact Application.
Payment Operator –
Card – a payment card issued under the Visa or Mastercard International systems, authorised under the rules of those systems to perform card-not-present transactions.
License – a license to use the NaviCompact GPS geolocation system, granting the Client the right to use the NaviCompact software to track and monitor the geographic location of vehicles indicated by the Client. The License is available in three License Plans: (1) Plan Free, (2) Plan Compact, (3) Plan Premium.
Tracked Object – an entity or item equipped with a GPS tracker.
Alarm – a set of events defined by the User, the occurrence of which results in an automatic notification being generated and sent to the designated recipient. Alarms may concern various events, including in particular: exceeding a specified speed, leaving a defined Zone, starting the vehicle engine, or other events specified by the User within the available features of the NaviCompact application. When configuring an Alarm, the User indicates the type of event and the vehicles to which the Alarm applies.
Zone – a geographical area on the map defined by the User in the NaviCompact application, used to monitor vehicle activity in specified locations. The User may configure notifications (Alarms) informing of the vehicle's entry into or exit from the Zone, along with the exact time of the event.
User – an entity that gains access to the NaviCompact application.
Plan Free – a free license enabling location tracking of one Tracked Object within one Zone by one User, and setting up one Alarm.
Plan Compact – a paid license enabling tracking of up to 10 Tracked Objects in a maximum of 10 designated Zones, by up to 3 Users, with an unlimited number of Alarms.
Plan Premium – a paid license enabling tracking of an unlimited number of Tracked Objects in an unlimited number of Zones, by an unlimited number of Users, with an unlimited number of Alarms.
Configuration – the process of installing the GPS tracker with the NaviCompact application, carried out independently by the Client; the Seller shall not be held liable for the accuracy of the Configuration performed by the Client.
Prepaid Order – a payment system in which the Client makes a prepayment for the License ordered, thereby gaining the right to use the License for the selected period of validity.
§ 2. General Provisions
Types and Scope of Services Provided Electronically:
The use of the Online Store is possible provided that the IT system used by the Client meets the following minimum technical requirements:
Firefox
Chrome
Microsoft Edge
The content placed on the pages of the Online Store, including descriptions of Goods and Licenses and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
The Seller makes these Terms and Conditions, along with Appendices, available via a link placed on the homepage before concluding a Distance Sales Contract, during its execution, and after completion. The Buyer may download and print the Terms and Conditions.
In order to ensure the security of communications and data transfer related to the services provided, the Online Store undertakes appropriate technical and organizational measures to ensure the security of the services provided, particularly measures to prevent unauthorized access to and modification of personal data transmitted via the Internet.
§ 3. Orders
Orders in the Online Store can be placed via the Account or by selecting the option to purchase without registration, in which case an internal account is created, based on which the Client may create an Account. The internal account is maintained until the data is removed from the system or the Account is blocked.
A purchase is made by filling out the Electronic Order Form available on the Online Store’s website. The selection of Goods/Licenses to be ordered is done by adding them to the shopping cart. The Electronic Order Form specifies, among other things, the Goods, their price, and the quantities the Client wishes to order for the indicated delivery location. The Client takes appropriate technical steps based on the displayed messages.
After the Client provides all the necessary data, a summary of the order will be displayed. The order summary will contain information regarding: the Seller's identification details, the subject of the order, unit and total prices of the ordered Goods, including delivery costs and other costs if applicable, the chosen payment method, the chosen delivery method, delivery time, and costs.
If the subject of the contract is the supply of Digital Content or Digital Services not recorded on a material medium or services provided electronically or remotely, the Consumer, in an additional checkbox required to place the order on the Electronic Order Form, agrees as follows: "I consent to the delivery of digital content not recorded on a material medium or to the commencement of service provision before the 14-day withdrawal period expires and acknowledge the loss of the right to withdraw from the contract." The Seller will confirm the receipt of this consent via e-mail.
To place an Order, it is necessary to provide the required personal data on the Electronic Order Form, accept the Terms and Conditions, and submit the order by clicking the "Order and Pay" button.
Until the Seller begins fulfilling the order:
If the Client cancels the order, the Seller will refund the received payment within 3 business days. The refund will be made using the same payment method as used by the Client.
The order fulfillment time is from 1 to 10 business days, counting from the date of concluding the contract.
§ 4. Payment
The Online Store offers the option to make prepayment payments. The option for deferred payment terms is available in cases individually agreed upon with the Seller. Payment for Licenses is made within the framework of a Subscription or a Prepaid Order.
Payments for Goods can be made in the manner selected at the time of placing the order on the Electronic Order Form.
Currently available prepayment methods in the Online Store are listed at: https://www.navicompact.pl/pl/payments.
§ 5. Delivery
The Client selects the method of delivery on the Electronic Order Form by marking their chosen option.
In the event that the Client does not collect the Goods, resulting in the return of the Goods to the Seller, the Seller may withdraw from the sales contract after having previously called on the Client via the email address provided during the purchasing process to fulfill the contract. The withdrawal from the contract occurs by sending the Client a declaration via email.
In the situation described in point 2, the Seller is obliged to promptly refund the payment received for the Goods purchased by the Client.
Currently available delivery methods in the Online Store are listed at: https://www.navicompact.pl/pl/delivery.
§ 6. Withdrawal from the Contract – Electronic Return Form
The Consumer who has concluded a Distance Sales Contract may withdraw from it within 14 days without giving any reason. In the case of withdrawal from the Distance Sales Contract, the contract is considered not concluded.
The right to withdraw from the contract under the terms specified in paragraphs 6 and 7 of these Terms and Conditions also applies to the Sole Proprietor. Where the term “Consumer” is used in paragraphs 6 and 7, it also refers to the Sole Proprietor.
In the case of withdrawal from the contract, the Consumer shall only bear the direct costs of returning the Goods.
The Consumer’s statement must unequivocally express their intention to withdraw from the contract. In particular, the Consumer may:
The Seller will promptly confirm receipt of the withdrawal statement made in the manner specified in points 4.1 and 4.2, in a durable medium.
To meet the deadline, it is sufficient to send the withdrawal statement before the deadline expires.
The period for withdrawal from the contract starts:
The withdrawal statement form (Appendix No. 2 to these Terms and Conditions) and the information on the right to withdraw from the contract (Appendix No. 1 to these Terms and Conditions) are provided in electronic form.
In the case of withdrawal from the contract for the supply of Digital Content or Digital Services, the Seller may prevent the Consumer from further using the Digital Content or Digital Service, in particular by denying the Consumer access to the Digital Content or Digital Service.
In the case of withdrawal from the contract for the supply of Digital Content or Digital Services, the Consumer is obliged to cease using the Digital Content or Digital Service and to prevent its disclosure to third parties.
The right to withdraw from the Distance Sales Contract does not apply to contracts specified in Article 38 of the Act of May 30, 2014 (Journal of Laws of 2019, item 134) on Consumer Rights, including, among others, contracts:
§ 7. Effects of Withdrawal from the Contract
The Seller will, within 14 days from the receipt of the withdrawal statement from the Distance Sales Contract for Goods, refund all payments made by the Consumer, including delivery costs, corresponding to the cheapest delivery method offered by the Seller.
The refund will be made using the same payment method that the Consumer used.
If the Consumer uses the Electronic Return Form to exercise their right to withdraw, the funds will be refunded by the method selected and to the bank account provided by the Consumer.
If the Seller has not proposed to collect the Goods from the Consumer, they may withhold the refund of payments received from the Consumer until the Goods are returned or the Consumer provides proof of dispatch, whichever occurs first.
The Seller may offer to collect the Goods from the Consumer. However, if the Seller has not made such an offer, the Consumer must return the Goods to the Seller (or to a person authorized by the Seller to collect the Goods) without delay, but no later than 14 days from the day of withdrawal from the contract. To meet the deadline, it is sufficient to send the Goods before the deadline expires. The Goods the Consumer is returning should be sent to the Seller’s registered office address.
The Consumer is responsible for the decrease in the value of the Goods resulting from using them in a way other than what is necessary to establish the nature, characteristics, and functioning of the Goods.
The Consumer may not withdraw from the contract if the Digital Content or Digital Service is provided in exchange for payment, and the non-conformity of the Digital Content or Digital Service with the contract is insignificant.
The Seller may request the return of the material medium on which the Digital Content was delivered, within 14 days from the receipt of the Consumer's statement of withdrawal from the contract. The Consumer must return the medium immediately and at the Seller’s expense.
The Seller is obligated to refund only the price corresponding to the Digital Content or Digital Service that does not conform to the contract and the Digital Content or Digital Service whose delivery obligation ceased due to the withdrawal from the contract.
§ 8. Complaints
A complaint regarding a defect in the Goods or non-conformity of the Goods with the concluded Distance Sales Contract may be submitted:
The complaint must specify the defect, as perceived by the Buyer, the claims against the Seller, and, if possible, provide documentation of the defect and the proof of purchase of the Goods from the Online Store. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt. If no response is provided within this period, the complaint is considered accepted. The response to the complaint is provided to the Buyer in writing or in a Durable Medium.
The steps the Buyer must take to file a complaint, including the method of delivering the complained Goods to the Seller, are indicated at each stage of the Electronic Complaint Form.
In the event the complaint is accepted by the Seller as justified: the costs of replacement, repair, including shipping costs related to the complaint of the Goods, are borne by the Seller.
The Seller is responsible to the Consumer and the Sole Proprietor for the non-conformity of the Goods with the Distance Sales Contract under the rules specified in the Act of May 30, 2014, on Consumer Rights.
The Seller is obliged to deliver Goods free from defects and is responsible to the Sole Proprietor for defects in the purchased Goods under the rules specified in the Civil Code.
The supply of Digital Content or Digital Services to the Consumer or Sole Proprietor is carried out in accordance with the provisions of the Act of May 30, 2014, on Consumer Rights.
§ 9. Warranty
The warranty is provided for Goods, understood as the GPS Locator. The warranty period is 24 months and is counted from the date of the sales contract conclusion.
The GPS Locators lose the warranty for the following reasons:
The Warranty for GPS Locators does not cover:
In the cases referred to in points 1 and 2, the Company will inform the Client about the occurrence of circumstances leading to the loss of the warranty. The Seller may perform repairs upon the Client’s request, in which case the Client will be charged with the service costs.
§ 10. Reviews
A review regarding the order service or a review regarding the Goods may be submitted during a visit to the Online Store by clicking on the interface next to the Goods or by clicking on the link included in the email. Submitting a review is voluntary and free of charge. For a single order, the Client can only submit one review.
In the review, the Client may assign a rating in the form of stars from 1 to 5 and add a written comment limited to 65,535 characters.
Reviews are stored and publicly displayed on the Online Store’s website, as well as on the websites: https://zaufaneopinie.idosell.com, https://trustedreviews.idosell.com, https://www.ceneo.pl/sklepy/navicompact.pl-s45283.
The Seller verifies reviews using the email address provided during the purchasing process of the Goods. A review submitted by a person using the email address used in the purchase process will be marked on the Store's website with the comment "review confirmed by purchase." Any other review will be marked as "review not confirmed by purchase."
The Seller may publish reviews regarding a given product from its other online stores.
The Seller does not modify the content of the review or the assigned star rating.
The Buyer is solely and independently responsible for the content of the review. The Seller is authorized to remove reviews in accordance with the law and these Terms and Conditions.
It is prohibited to submit content that contains false information, misleading information, vulgar language, aggression, offensive content, or content that is clearly considered inconsistent with good manners. It is also prohibited to submit unlawful content, infringing third-party rights, or constituting an act of unfair competition.
The Client agrees not to submit content containing links to external websites of a promotional or advertising nature or containing personal data of third parties.
Upon the Client’s explicit request, the content of the review may be hidden from other users of the Store, but the star rating will be included in the overall rating of the Store and the Goods.
§ 11. Intellectual Property
The Client declares that they have no rights, including copyright or related rights, to the Reviews and comments they post, except for the right to use the Online Store in the manner specified in the Terms and Conditions. The Client is not authorized to record, reproduce, distribute, publicize, or disseminate content, unless such rights arise from the provisions of law or the Terms and Conditions.
The Client is not authorized to make any interference with the content, in particular, they are not authorized to interfere with the content, structure, form, graphics, operation mechanism, or other elements of the Online Store.
By posting Reviews on the Online Store, which constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, the Client grants the Seller a non-exclusive, free, and unlimited in time and territory license to use these works, including the right to grant sublicenses. This license includes public distribution of the work in such a way that everyone can access it at a place and time of their choice (Internet). The license is granted in relation to all fields of exploitation known at the time of granting, particularly for the following fields of exploitation:
Deletion of the Account by the Client or the deletion of the Review as per Chapter 9, point 8 does not affect the validity of the above license.
§ 12. Seller's Liability for Conformity of Goods and Goods with Digital Elements with the Contract
I. Conformity of Goods with the Contract
The Seller is obliged to deliver Goods that are in conformity with the contract. The term "Goods" as used in this paragraph also refers to Goods with digital elements.
The Goods are in conformity with the contract if, in particular, their:
2.1. description, type, quantity, quality, completeness, and functionality, and with respect to Goods with digital elements – also their compatibility, interoperability, and availability of updates;
2.2. suitability for a particular purpose for which the Consumer needs them, of which the Consumer informed the Seller at the latest at the time of the contract conclusion and which the Seller accepted.
Additionally, for the Goods to be considered in conformity with the contract, they must:
3.1. be fit for the purposes for which goods of that kind are normally used, in compliance with applicable law, technical standards, or good practices;
3.2. be of such quantity and have such features, including durability and safety, and with respect to Goods with digital elements – also functionality and compatibility, as are typical for goods of that kind and which the Consumer may reasonably expect, taking into account the nature of the Goods and any public assurance made by the Seller, its legal predecessors, or agents acting on their behalf, particularly in advertisements or on labels, unless the Seller proves that:
a) the Seller was not aware of the public assurance and, reasonably assessing, could not have been aware of it,
b) before the contract was concluded, the public assurance was rectified in the same conditions and form as the public assurance was made, or in a comparable manner,
c) the public assurance did not influence the Consumer’s decision to enter into the contract;
3.3. be delivered with packaging, accessories, and instructions that the Consumer can reasonably expect to be provided;
3.4. be of the same quality as the sample or model which the Seller provided to the Consumer before the contract was concluded and correspond to the description of such sample or model.
For Goods with digital elements, the following regulations apply accordingly:
4.1. The Seller must inform the Consumer about updates, including those related to security, necessary to maintain the conformity of the Digital Content or Digital Service with the contract and provide them to the Consumer for the period:
4.1.1. during which the Digital Content or Digital Service is to be provided under the contract, based on continuous provision, or
4.1.2. reasonably expected by the Consumer, considering the type of Digital Content or Digital Service and the purpose for which it is used, and the circumstances and nature of the contract if the contract provides for the supply of Digital Content or Digital Service either once or in parts.
4.2. If the Consumer does not install the updates provided by the Seller within a reasonable time, the Seller will not be liable for non-conformity of the Digital Content or Digital Service with the contract arising solely from the failure to install the updates if:
4.2.1. the Seller informed the Consumer about the update and the consequences of not installing it;
4.2.2. the failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Seller.
4.3. The Seller is responsible for non-conformity with the contract of the Digital Content or Digital Service within the time frame specified in point 4.1.
II. Time Limits for Seller’s Liability for Non-Conformity of Goods with the Contract
The Seller is liable for non-conformity of the Goods with the contract existing at the time of delivery and disclosed within two years from that moment, unless the expiry date of the Goods, as specified by the Seller, its legal predecessors, or agents acting on their behalf, is longer. It is presumed that non-conformity of the Goods with the contract that appeared within two years from the moment of delivery existed at the time of delivery, unless proven otherwise or if this presumption cannot be reconciled with the characteristics of the Goods or the nature of the non-conformity.
The Seller cannot rely on the expiration of the time limit for determining non-conformity of the Goods with the contract specified in point 1 if the Seller has concealed the non-conformity fraudulently.
In relation to Goods with digital elements, the Seller is responsible for non-conformity of the Digital Content or Digital Service provided continuously, which occurred or became apparent during the period the Seller was contractually obliged to provide it. This period cannot be shorter than two years from the moment of delivery of the Goods with digital elements. It is presumed that non-conformity of Digital Content or Digital Service with the contract occurred if it appeared during this period.
III. Consumer Rights in Case of Non-Conformity with the Contract
If the Goods are not in conformity with the contract, the Consumer may demand repair or replacement.
The Seller may replace the Goods if the Consumer demands repair, or the Seller may repair the Goods if the Consumer demands replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.
In assessing the excessiveness of the costs for the Seller, all circumstances of the case are taken into account, especially the importance of the non-conformity of the Goods with the contract, the value of the Goods in conformity with the contract, and the excessive inconvenience for the Consumer caused by changing the method of bringing the Goods into conformity with the contract.
The Seller will carry out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer of the non-conformity with the contract, and without undue inconvenience for the Consumer, considering the nature of the Goods and the purpose for which the Consumer bought them. The costs of repair or replacement, including in particular postage, transport, labor, and materials, are borne by the Seller.
The Consumer will make the Goods subject to repair or replacement available to the Seller. The Seller will collect the Goods at their own cost.
If the Goods were mounted before the non-conformity became apparent, the Seller will dismount the Goods and remount them after repair or replacement, or will commission these actions at their own cost.
The Consumer is not obliged to pay for the regular use of the Goods that has been replaced.
IV. Price Reduction and Withdrawal from the Contract
If the Goods are not in conformity with the contract, the Consumer may submit a statement for a price reduction or withdrawal from the contract when:
1.1. The Seller has refused to bring the Goods into conformity with the contract as per point III, section 2 above;
1.2. The Seller has not brought the Goods into conformity with the contract as per points III, sections 4-6 above;
1.3. The non-conformity of the Goods with the contract still exists, even though the Seller tried to bring the Goods into conformity with the contract;
1.4. The non-conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without first using the remedies specified in point III above;
1.5. From the Seller's statement or circumstances, it is clear that the Seller will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer.
The reduced price must remain in proportion to the price resulting from the contract, in which the value of the non-conforming Goods remains in relation to the value of the Goods in conformity with the contract.
The Seller will refund the amounts due as a result of the Consumer exercising the right to reduce the price immediately, but no later than 14 days from receiving the Consumer's statement of price reduction.
The Consumer may not withdraw from the contract if the non-conformity of the Goods with the contract is not significant. It is presumed that the non-conformity of the Goods with the contract is significant.
If the non-conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer may withdraw from the contract only in relation to those Goods, as well as other Goods purchased by the Consumer together with the non-conforming Goods, if it cannot reasonably be expected that the Consumer would agree to keep only the Goods in conformity with the contract.
In the case of withdrawal from the contract, the Consumer must immediately return the Goods to the Seller at the Seller's cost. The Seller will refund the price immediately, but no later than 14 days from receiving the Goods or proof of their return.
The Seller will return the price using the same payment method used by the Consumer unless the Consumer explicitly agrees to another method of return, which involves no costs for them.
V. Suspension of Payment Until the Seller Performs Obligations Related to the Complaint
The Consumer may withhold payment until the Seller performs its obligations under points III and IV.
VI. Complaints
The Consumer may submit a complaint regarding the non-conformity of the Goods with the contract in writing to the Seller’s registered office address or via email to support@navicompact.com. The Seller will respond to the complaint within 14 days from its receipt.
VII. Sole Proprietor
The provisions of points I-VI apply accordingly to the Sole Proprietor.
VIII. Exclusion of Warranty in Contracts with Entrepreneurs
In relation to contracts concluded between the Seller and an Entrepreneur (excluding the Sole Proprietor), the warranty for physical and legal defects is excluded.
In the case of contracts referred to in section 1, the Seller's liability is limited to the price of the Goods. The liability for lost profits is excluded.
§ 13. Method of Fulfilling the Obligation to Deliver Digital Content or Digital Services. Consumer Rights in Case of Non-Delivery of Digital Content or Digital Services.
The Seller delivers the Digital Content or Digital Service to the Consumer immediately after the contract is concluded, unless the parties have agreed otherwise.
Digital Content is considered delivered at the moment the Digital Content or the means allowing access to or downloading the Digital Content is made available to the Consumer or the physical or virtual device the Consumer has independently chosen for this purpose, or when the Consumer or such device gains access to it.
A Digital Service is considered delivered when the Consumer or the physical or virtual device the Consumer has independently chosen for this purpose gains access to it.
If the Seller has not delivered the Digital Content or Digital Service, the Consumer may call upon the Seller to deliver them. If the Seller does not deliver the Digital Content or Digital Service immediately or within an additional, clearly agreed-upon period, the Consumer may withdraw from the contract.
The Consumer may withdraw from the contract without calling for the delivery of the Digital Content or Digital Service if:
a. it is clearly stated by the Seller or through circumstances that the Digital Content or Digital Service will not be delivered, or
b. the Consumer and the Seller have agreed, or it is clear from the circumstances of the contract, that the specific delivery date of the Digital Content or Digital Service was of significant importance to the Consumer, and the Seller did not deliver them on time.
In the event of withdrawal by the Consumer from the contract, §14 point V applies accordingly.
Points 1-7 do not apply if the contract provides for the delivery of Digital Content via a material medium.
Points 1-7 apply accordingly to the Sole Proprietor.
§ 14. Seller’s Liability for the Conformity of Digital Content or Digital Services with the Contract
I. Conformity of Digital Content or Digital Service with the Contract
The Seller is obliged to deliver Digital Content or Digital Service in accordance with the contract. Digital Content or Digital Service is in conformity with the contract if, in particular, it conforms to:
Additionally, Digital Content or Digital Service, in order to be considered in conformity with the contract, must:
The Seller must inform the Consumer about updates, including security updates, necessary to maintain the conformity of the Digital Content or Digital Service with the contract and provide them to the Consumer for the period:
If the Consumer does not install the updates provided by the Seller within a reasonable time in accordance with section 3, the Seller will not be responsible for the non-conformity of the Digital Content or Digital Service with the contract arising solely from the failure to install the updates if:
The Seller is not responsible for the non-conformity of the Digital Content or Digital Service with the contract as specified in sections 2 or 3, if the Consumer, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the Digital Content or Digital Service deviates from the requirements of conformity with the contract specified in sections 2 or 3, and explicitly and separately accepted the lack of that specific feature.
In the case of a contract providing for the continuous supply of Digital Content or Digital Service, the Digital Content or Digital Service must remain in conformity with the contract for the duration specified in the contract.
The Digital Content or Digital Service is delivered in the latest version available at the time of the contract conclusion, unless the parties have agreed otherwise.
For the integration of Digital Content or Digital Service, section 14, point I, subpoint 5 applies accordingly.
II. Time Limits for Seller’s Liability for Non-Conformity with the Contract of Digital Content or Digital Services
The Seller is responsible for the non-conformity with the contract of Digital Content or Digital Service delivered either once or in parts, which existed at the time of delivery and became apparent within two years from that moment. It is presumed that the non-conformity of the Digital Content or Digital Service with the contract that appeared before one year from the moment of delivery existed at the time of delivery.
The Seller cannot rely on the expiration of the time limit to determine the non-conformity of the Digital Content or Digital Service with the contract specified in section 1, if the Seller has concealed this non-conformity fraudulently.
The Seller is responsible for the non-conformity with the contract of Digital Content or Digital Service delivered continuously, which occurred or became apparent during the period in which, according to the contract, they were to be delivered. It is presumed that the non-conformity of the Digital Content or Digital Service with the contract occurred if it appeared during this period.
The Seller is responsible for the non-conformity with the contract of Digital Content or Digital Service as regulated in point I, which occurred during the time specified in this section.
The presumptions specified in sections 1 and 3 do not apply if:
III. Consumer Rights in Case of Non-Conformity with the Contract
If the Digital Content or Digital Service is not in conformity with the contract, the Consumer may demand that it be brought into conformity with the contract.
The Seller may refuse to bring the Digital Content or Digital Service into conformity with the contract if doing so is impossible or would require excessive costs for the Seller.
In assessing the excessiveness of costs for the Seller, all circumstances of the case will be taken into account, especially the significance of the non-conformity of the Digital Content or Digital Service with the contract and the value of the Digital Content or Digital Service in conformity with the contract.
The Seller must bring the Digital Content or Digital Service into conformity with the contract within a reasonable time from the moment the Seller is informed by the Consumer of the non-conformity with the contract, and without undue inconvenience for the Consumer, considering their nature and the purpose for which they were acquired. The costs of bringing the Digital Content or Digital Service into conformity with the contract are borne by the Seller.
IV. Price Reduction. Withdrawal from the Contract
If the Digital Content or Digital Service is not in conformity with the contract, the Consumer may submit a statement for a price reduction or withdrawal from the contract when:
The reduced price must remain in proportion to the price resulting from the contract, in which the value of the non-conforming Digital Content or Digital Service remains in relation to the value of the Digital Content or Digital Service in conformity with the contract. If the contract provides that the Digital Content or Digital Service is delivered in parts or continuously, when reducing the price, the time during which the Digital Content or Digital Service was non-conforming to the contract must be taken into account.
The Consumer may not withdraw from the contract if the Digital Content or Digital Service is delivered in exchange for payment, and the non-conformity of the Digital Content or Digital Service with the contract is insignificant. It is presumed that the non-conformity of the Digital Content or Digital Service with the contract is significant.
V. Prohibition of Use of Content Created or Delivered by the Consumer after Withdrawal from the Contract
After withdrawal from the contract, the Seller cannot use content other than personal data provided or created by the Consumer during the use of the Digital Content or Digital Service delivered by the Seller, except for content that:
The Seller will, at the Consumer’s request and at their own cost, provide the Consumer with the content created or delivered by the Consumer during the use of the Digital Content or Digital Service, other than personal data, within a reasonable time and in a commonly used format suitable for machine reading, except for the content referred to in section 1, points 1-3.
The Seller may request the return of the material medium on which the Digital Content was delivered, within 14 days from receiving the Consumer’s withdrawal statement. The Consumer must return the medium immediately at the Seller’s cost.
The Seller is not entitled to request payment for the time during which the Digital Content or Digital Service was non-conforming with the contract, even if the Consumer actually used them before withdrawing from the contract.
The Seller is obliged to refund the price only for the part corresponding to the Digital Content or Digital Service not in conformity with the contract, as well as the Digital Content or Digital Service whose delivery obligation ceased due to the withdrawal from the contract.
The Seller must refund the price to the Consumer immediately, but no later than 14 days from receiving the Consumer’s withdrawal or price reduction statement.
The Seller will refund the price using the same payment method used by the Consumer, unless the Consumer explicitly agrees to another method of refund that involves no cost to them.
VI. Complaints
The Consumer may submit a complaint regarding the non-conformity of the Digital Content or Digital Service with the contract in writing to the Seller’s registered office address or via email to support@navicompact.com. The Seller will respond to the complaint within 14 days from receiving it.
VII. Sole Proprietor
The provisions of points I-VI apply accordingly to the Sole Proprietor.
VIII. Exclusion of Warranty in Contracts with Entrepreneurs
In relation to contracts concluded between the Seller and an Entrepreneur (excluding the Sole Proprietor), the warranty for physical and legal defects is excluded.
In the case of contracts referred to in section 1, the Seller’s liability is limited to the price of the Digital Content or the payment for the use of the Digital Service. Liability for lost profits is excluded.
§ 15. Modification of Digital Content or Digital Service by the Seller
The Seller may make changes to the Digital Content or Digital Service that are not necessary to maintain its conformity with the contract, only if the contract so provides and only for justified reasons specified in the contract. However, the Seller may not make changes to Digital Content or Digital Service provided on a one-time basis.
The introduction of the change referred to in section 1 may not involve any costs for the Consumer.
The Seller is obliged to inform the Consumer clearly and understandably about the change referred to in section 1.
If the change referred to in section 1 significantly and negatively affects the Consumer's access to or use of the Digital Content or Digital Service, the Seller is obliged to inform the Consumer in advance on a durable medium about the nature and date of the change, as well as about the right mentioned in sections 5 or 6.
In the case referred to in section 1, the Consumer may terminate the contract without notice within 30 days from the date of the change referred to in section 1, or from the date of notification about this change if the notification occurred later than the change. §14, point V applies accordingly.
The provision of section 5 does not apply if the Seller provided the Consumer with the right to keep, at no additional cost, the Digital Content or Digital Service in a manner consistent with the contract, without any changes.
Sections 1-6 apply accordingly to Sole Proprietors.
§ 16. Subscription Sales Terms
The Seller may provide the electronic service in the form of a Subscription to the Buyer. The Buyer has the option to use the License on their own equipment and their own SIM card, which is supported by the manufacturers listed in the offers available in the Online Store. The Buyer declares that they have reviewed the list of available manufacturers on the website. The Seller is not responsible for the proper configuration of the NaviCompact application performed by the Buyer on their own equipment and SIM card, nor for the proper functioning of the equipment and SIM card purchased by the Buyer outside the Online Store. The Buyer has the option to create a free account in the NaviCompact application regardless of the selected License Plan.
The use of the Subscription allows the Buyer to access the selected License Plan at specified intervals, without the need to place subsequent orders until the Subscription ends. Payment for the Subscription is made exclusively through the Cyclical Payment system and only via one Card.
Disconnecting the Card from the Subscription results in the termination of the Subscription at the end of the current Subscription period.
Transactions within the Cyclical Payments system will only be processed after the Cardholder has registered with the Operator's service (or the entity through which the Operator processes Transactions). Registration is necessary to authenticate that the Consumer authorizing the Cyclical Payment is the legitimate cardholder. Before registering the Card on the transaction page, the Consumer must give consent for regular payment deductions by activating the Cyclical Payment service. The consent is stored in the Operator’s service.
The Buyer creates the Subscription by selecting this form of purchase in the Electronic Order Form. A confirmation of the Subscription creation will be sent immediately to the Buyer’s email address provided during the first Subscription Order.
The Consumer manages the Subscription through the Account, using the available options.
The Subscription is for a period of 1 month, 12 months, or 24 months, except for the Free Plan Subscription, which is for an indefinite period.
The Consumer can terminate the Subscription at any time. Terminating the Subscription by the Consumer is equivalent to withdrawing consent for further charges within the Cyclical Payments system. In this case, the next Subscription Order will not be created. If the Subscription termination occurs after the date indicated in the email referred to in point 11, the current Subscription Order will be processed as the last one. The Subscription termination occurs by the Buyer selecting the "Terminate Subscription" option in the settings of the specific Subscription, which is available after logging into the Account.
The Seller has the right to terminate the Subscription, notifying the Buyer by email or by phone with at least 7 days' notice. In this case, funds from the Card will not be deducted, and no further Subscription Orders will be created.
The Seller has the right to change the prices of Goods during the Subscription period, with the Buyer being informed via email as stated in point 11.
The Seller will send an email to the Buyer confirming the creation of the Subscription Order, stating its subject, quantity, price (including any price changes), delivery date, and the planned date of fund deduction from the Card—no later than 3 days before the funds are deducted from the Card. Additionally, the Seller will inform the Buyer about the option to terminate the Subscription, including a link to the settings that allow termination from the Account, and the date by which this will be effective. If the Subscription is terminated after the date indicated in the email, the termination will be effective for subsequent Subscription Orders, meaning that the current Subscription Order will be processed as the last one.
If the attempt to charge the Card fails, the Buyer will be notified by email about the inability to collect payment. Possible reasons for the failure to collect payment include insufficient funds on the Card, expiration of the Card, or technical issues.
The expiration of the Card linked to the Subscription or the inability to authorize the payment order for other reasons results in the termination of the Subscription.
The Subscription Order will only be processed after the successful deduction of funds from the Card.
Terminating the Subscription leads to the immediate termination of the License.
§ 17. Prepaid Sales Terms
The Seller may provide the electronic service in the form of a Prepaid Order to the Buyer. The Buyer has the option to use the License on their own equipment and SIM card, which is supported by the manufacturers listed in the offers available in the Online Store. The Buyer declares that they have reviewed the list of available manufacturers on the website. The Seller is not responsible for the proper configuration of the NaviCompact application performed by the Buyer on their own equipment and SIM card, nor for the proper functioning of the equipment and SIM card purchased by the Buyer outside the Online Store. The Buyer has the option to create a free account in the NaviCompact application regardless of the selected License Plan.
The use of a Prepaid Order allows for a one-time delivery of selected Goods or Services, according to the License period selected by the Client. Payment for the prepaid License is made in advance, with no need to place subsequent orders until the License period ends.
A Prepaid Order for a License may be placed or extended for the following periods:
12 months
24 months
The Client selects the tracked objects for which they want to place a Prepaid License Order, as well as for their extension.
Before extending the License within a Prepaid Order, the Client is required to accept the Terms and Conditions and the Privacy Policy.
The Client may make payment for the extension of the License within the Prepaid Order by selecting one of the following methods:
If the License was still active at the time of payment, the extension of the Prepaid License Order will be active from the day after the previous Prepaid License Order ends.
If the License was expired at the time of payment, the new extension of the Prepaid License Order will be active immediately.
The Client manages the License through the Account according to the available options.
The Prepaid Order is made for the duration of the License selected by the Client.
The Client may terminate the use of the License within the Prepaid Order at any time, but this does not affect any payments already made by the Client.
The Seller will send an email to the Client confirming the creation of the Prepaid Order, specifying its subject (the License) and the amount due.
The Prepaid Order will only be processed after the successful deduction of funds.
§ 18. Final Provisions
These Terms and Conditions are effective from June 9, 2025.
In the event of any amendment or annulment of any provision of this Agreement by a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Buyer.
The Seller reserves the right to amend these Terms and Conditions. Any agreements concluded before the entry into force of the new Terms and Conditions will be executed based on the Terms and Conditions in effect at the time the agreement was concluded.
The law governing the resolution of any disputes related to these Terms and Conditions is Polish law. Any such disputes will be resolved by the competent court. A Consumer may also use extrajudicial methods of resolving complaints and claims. All information regarding extrajudicial methods of resolving complaints and claims can be obtained from the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. It is important to note that such proceedings are voluntary and both parties must agree to participate.
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and the Council of May 21, 2013, we inform you that the online dispute resolution platform for resolving disputes between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform provides a comprehensive service point for consumers and businesses seeking to resolve disputes related to online sales contracts or service agreements extrajudicially.
Attachment 1 - Information Regarding the Right to Withdraw from the Agreement
The right to withdraw from the contract on the following terms applies to both Consumers and Sole Proprietors.
for a sales contract, from the day you take possession of the goods or from the day a third party, other than the carrier and indicated by you, takes possession of the goods;
for a contract involving the transfer of ownership of multiple items delivered separately, from the day you take possession of the last item or from the day a third party, other than the carrier and indicated by you, takes possession of the last item;
for a contract involving the transfer of ownership of goods delivered in batches or in parts, from the day you take possession of the last batch or part, or from the day a third party, other than the carrier and indicated by you, takes possession of the last batch or part;
for contracts for the regular delivery of goods for a fixed period, from the day you take possession of the first item or from the day a third party, other than the carrier and indicated by you, takes possession of the first item;
for contracts for the delivery of services or digital content not delivered on a tangible medium, from the day the contract is concluded.
To exercise the right to withdraw from the contract, you must inform us, Flotman Sp. z o.o., ul. Cystersów 9, 31-553 Kraków, support@navicompact.pl, of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax, or email).
You may use the withdrawal form template, but this is not mandatory.
You may also fill out the Electronic Return Form available on the Online Store website: https://www.navicompact.pl/pl/returns-open.html. If you use this option, we will promptly send you confirmation of receipt of your withdrawal information on a durable medium.
To meet the withdrawal deadline, it is sufficient for you to send the information regarding the exercise of your right to withdraw from the contract before the withdrawal period expires.
In the case of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from your chosen delivery method other than the least expensive standard delivery offered by us), promptly, and in any event no later than 14 days from the day we are informed of your decision to exercise your right to withdraw from this contract. The refund will be made using the same payment method that you used for the original transaction, unless you have expressly agreed to another solution.
In the case of contracts for the transfer of ownership of goods, where we have not proposed to collect the goods in the event of withdrawal from the contract, we will withhold the payment refund until the goods are received or until we receive proof of their return, depending on which event occurs first.
Please return the goods to: Flotman Sp. z o.o., ul. Cystersów 9, 31-553 Kraków, promptly, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the goods before the 14-day period expires. You will bear the direct cost of returning the goods.
Due to the weight and size of the goods, returning the goods may incur higher costs than regular postal shipments. If you choose to use courier services, it may be necessary to send the shipment on a pallet, which is more expensive than standard postal shipping.