Condition of sale

General Provisions
1) All valid cooperation terms are described on the NIVISS web site at www.niviss.com. All provisions defined in following Cooperation Conditions define ground rules in trade relations and apply for all transactions made between Customers (also between Consumers) and the company NIVISS PHP Sp. z o.o. Sp. k. based in Gdynia, Rdestowa 53D, hereinafter NIVISS.
2) A party to the contract (hereinafter Customer) with NIVISS can only be an adult natural or legal person, as well as an organizational unit without legal personality, which other legal provisions grant the legal capacity.
3) NIVISS reserves the right to change the content of these Sales Conditions only under an additional written agreement between NIVISS and the Customer, signed by authorised representatives of both of above-mentioned parties.
4) The acceptance of these Sales Conditions follows the Customers registration process or the order placement and is valid for all future transactions and contracts. The change of these Sales Conditions requires an additional agreement.
5) NIVISS reserves the right to reject any order placed by entities marked on blacklists, which are specified accordingly to international law.
6) NIVISS reserves the right to refuse cooperation with businesses (entrepreneurs) and natural persons not fulfilling previous payment obligations and with entities appearing in the register of outstanding debts.
7) The main language version specifying the Terms and Conditions of the business cooperation is the Polish language version. All other versions are for informational purposes only.

CONDITIONS OF ORDERS
1) NIVISS accepts orders placed through the online shop at www.shop.niviss.com, contact form, e-mail orders@niviss.com or fax (+48 58 622 47 66) 24/7
2) Online orders placed from within the Polish territory will be redirected and proceeded by MARITEX – our only distributor in Poland.
3) NIVISS offers telephone consultations (Monday-Friday 8:00 – 17:00 CET) in order to provide technical support and all important informations regarding the Customers order. It is possible to send a “call me back” request – our consultant will contact the client within 1 business day.
4) Each order placed by a Customer does not bind NIVISS and requires a fedback with an order confirmation from NIVISS. No feedback should not me considered as an implied order acceptance.
5) NIVISS is not responsible for the consequences of an improperly, incorrectly or illegibly placed order.
6) There is a possibility of placing scheduled orders as well as to schedule orders fulfilled at specified future dates.
7) The goods should be ordered in quantities being a multiplication of a base quantity set for a product/group of products.
8) The minimal order net amount should be respectively EUR50, USD65 or PLN200.
9) An order placed for a customized product designed and produced exclusively for a specific customer requires an additional contract signed by the Customer and a NIVISS legal representative.

PRICES
1) All up-to-date prices are presented at shop.niviss.com. NIVISS reserves the right to systematical price changes without prior notice.
2) The binding price during on-line transaction is the price presented on the web site at the moment of order.
3) In the case of prepayments made in order to purchase goods, binding is the price specified on the Pro Forma (PI) Invoice issue day. Prices marked on the PI are valid only untill the last day specified on the document.
4) Prices are presented in following currencies: EUR, USD, PLN.
5) For EU VAT registered Customers and for non-EU Customers all prices presented on the web site are net prices (VAT not included). For natural persons and entities which are not VAT registered all prices shown on the web page are expressed as gross prices (include Polish VAT – 23%).
6) The prices never include shipping costs nor customs duty. General INCOTERMS: EXW Gdynia.
7) Ownership of the goods will be carried over to the Customer upon full payment.
8) Possible are individual price negotiations as well as attractive discounts for big and repetitive orders. In a case of special trade agreements, binding is the price declared in writing in the latest commercial offer issued by an authorized NIVISS employee.
9) For loyal Customers NIVISS offers a special nPartner Loyalty Program.

COMMERCIAL DOCUMENTS
1) Net Commercial Invoices (VAT not included) are issued for Customers conducting businesses activity, which are legal persons or organizational units without legal personality, which other legal provisions grant the legal capacity, i.e. EU VAT payers and Customers based outside the European Union. NIVISS reserves the right to verify all documents proving the Customers VAT registration as well as the VAT number validity issued by one of the European Union Member States.
http://ec.europa.eu/taxation_customs/vies/lang.do?fromWhichPage=vieshome&selectedLanguage=EN
2) EU Customers are obligated to give their VAT registration number in order to buy products and services offered by NIVISS at 0% VAT rate. If a Customer does not provide a confirmed VAT number, the given VAT number is not valid on the day of transaction or if NIVISS does not receive the confirmation of the goods receipt, the Customer will be charged for Polish tax on goods and services (VAT) in accordance with the rate currently being in force.
Customers will be charged for Polish tax on goods and services (VAT) also if they ship the goods purchased from NIVISS beyond the borders of the Polish territory on their own without the confirmation of shipping the goods to another EU country.
3) Customers based outside the European Union receive besides the VAT invoice also the EAD customs document containing a MRN number. This number should be presented on the European Union’s border. If purchased goods do not leave the European Union’s customs border within 150 days from the EAD document day of issue or if crossing the border is not confirmed by the Border Customs Office, the Customers will be charged for Polish tax on goods and services (VAT) in accordance with the rate currently being in force.
4) Gross Commercial Invoice (presents gross prices – 23% VAT included) is issued for individuals and entities which are not VAT payers.
5) All Invoices may be issued in following currencies: PLN, USD, EUR.

WAYS OF PAYMENTS
1. NIVISS accepts following payment methods: bank transfer, e-payment (by credit card, pay-pal), cash in our headquarters and cash on delivery.
2. Deferred payments can be granted to a customer after the acceptence of the NIVISS Accounts Department and after delivering up to date company registration documents.
3. NIVISS reserves the right to refuse to accept an order, to postpone the order processing or the goods dispatch if a customer has an outstanding debt, was not punctual with his previous payments, as well as in case of reasonable doubts about the customers financial situation.
4. NIVISS reserves the right to charge statutory interest penalty for late payments.
Payments can be made in EUR, USD or PLN to followig bank accounts:
CITI BANK SWIFT: CITIPLPX
USD Payments: 21103011170000000089313015
EUR Payments: 96103011170000000089313023
PLN Payments: 43103011170000000089313007

E-PAYMENT CONDITIONS
In the case of using the e-payment option, please make payment only after receiving an email confirming the preparation of ordered elements, together with an activation link for online payment.
Pending receipt of full payment, in accordance with the VAT invoice, the company NIVISS reserves the right to ownership of the delivered goods, including its free availability.
uthorization system for credit cards and bank transfers in eCard guarantees the highest level of security for online stores customers. High security is provided by strong security transaction – 3D Secure (Verified by Visa and MasterCard SecureCode), 128-bit SSL (Secure Sockets Layer). The system ensures high security with a solution in which the credit card numbers will never be revealed to the shop.
The customers have the guarantee that their credit card number is known only by themselves and by their bank. Security of transactions made through bank transfer is ensured by using 128-bit SSL protocol, as well as by the customers identification procedure in the bank (login, password, password-off). While making the transfer, the customer logs directly on his banks web site. Information about his profile is available for his bank only.

DELIVERY OF GOODS
1. Shipping costs are born by the Customer, unless other agreements between sides defining different delivery terms are made.
2. All parcels are dispatched from the NIVISS headquarters in Gdynia (Poland) under EXW Gdynia delivery terms.
3. Shipping costs depend on the weight and size of a parcel, country of destination and chosen forwarder.
4. Flat rate shipping costs are invoiced. The net delivery cost of a parcel up to 10kg across the European Union is EUR9.9 (Norway, Swiss 29 EUR with duty tax) and of a parcel up to 30kg within Poland is 11.99 PLN. Delivery costs to non-EU countries and for parcels exceeding the weight or size limit (defined by each forwarder) need to be calculated by our Sales Department.
5. Within the EU NIVISS uses forwarding services provided by UPS. On customers request other forwarders may be arranged – in this case delivery costs are not invoiced and the Customers bear them on their own. Shippings outside the EU require special delivery form arrangements.
6. NIVISS strives to dispatch the goods (which are in stock) ordered before 12.00 on the day of order (working days only). In the event of some special circumstances (many orders to process, long list of ordered items) the dispatch time may be extendet to 2-5 working days. In case some of the ordered items are currently not in stock the delivery time needs to be confirmed with one of our employees from sales department.
7. Delivery times for products are only approximate, unless other delivery dates have been declared between NIVISS and the Customer in a separate agreement, which specifies the delivery terms and the responsibility in case of a failure. NIVISS is not liable for losses resulting from the delay in the order realization, from supplying elements with parameters varying from those presented on the web sites or in catalogue, as well as from the delivery of an incomplete quantity of the ordered goods. Niviss is not responsible for any interruption in production, loss of profit or indirect losses arising from a result of a failure in supplying a specific product on time.
8. Personal collection of ordered goods is possible in NIVISS headquarters located in Gdynia, Rdestowa Street 53D on working days from 8.00 to 17.00.

GUARRANTY, COMPLAINT PROCEDURE AND LIMITATION OF LIABILITY
1. Company NIVISS are of the highest quality and come from renowned and proven manufacturers. All storage and packing procedures ensure the proper protection against both electrostatic, as well as mechanical damages.
2. All products are RoHS Directive compliant.
3. NIVISS guarrantees a 12 months warranty period for all sold products. Some specially marked and selected products are covered with a longer warranty period defined in trade offers. If a product has an extended warranty period its provisions are binding.
4. All complaints – regarding the quality of sold goods, nonconformance between the actual state and the invoice, as well as regarding quantitative mismatches shall be reported exclusively through the active RMA form which can be found at www.shop.niviss.com.
5. The reported complaint should include a detailed description of the reasons for the claim, point out the purchase document related to the complaint and the expected way of its settlement.
6. After receiving the complaint notice and the return of the goods covered by the complaint (if NIVISS decides that the examination of these goods is necessary to consider the complaint) NIVISS verifies the legitimacy of the claim. This procedure may require some additional consultations with the manufacturers of the complaint related components or products. . In case of accepting the complaint it is only possible to refund the money, to compensate with the current duties or to replace the goods with relevant goods without defects or mismatches.
7. Returns of defected and mistakenly delivered goods shall be made only after prior permission granted by NIVISS. Our Company, after considering the complaint as legitimate, will generate a RMA number, which should be marked on the parcel with returned goods. One of our employees will choose a forwarder which will pick up the goods at our own expense, or in case an incorrectly placed order, at the expense of the Customer. Until getting the RMA number (which is equivalent to a permission to return the goods) the customer mustn’t send the goods to NIVIIS. Parcels without RMA number will be sent back at the Customers expense.
8. The basis for the return of ordered goods is also a significant difference between actual parameters of these goods and the parameters declared on the web site.
9. Quantitative complaints have to be reported within 7 working days from the date of receiving the goods.
10. In the case of receiving a parcel in a condition indicating mechanical damage caused during transportation, the customer should write a protocol describing the parcel damege in the presence of the courier. Only a protocol signed by the forwarders representative is valid and is a basis for the complaint.
11. Complaints reported by Customers, which do not conduct business activity and are Consumers according to the regulations in force, are recognized in accordance with the Polish Law – the Act of 27 July 2002 on the Special Conditions of Consumers Sales and on the Change in the Civil Code (Journal of Laws 2002 No. 141 item 1176 with the later changes).
The Consumers have the right to withdraw from the contract and to return the goods within 10 calendar days from the delivery date without any additional charges and without stating the reason of return. Returned products cannot show any signs of usage or damage and should be sent back in their original packaging with a copy of purchase documents together with a statement of withdrawal from the contract.
12. NIVISS’s liability for the delivery of defective products is limited to replacement of the goods or to a refund.
13. Please report any comments on the quality of products sold by NIVISS and on the service quality via e-mail at quality@niviss.com.
14. NIVISS is not liable for losses resulting from the delay in the order realization, supplying elements with parameters varying from those presented on the web sites or in catalogue, price changes, not delivering a product, as well as from the delivery of an incomplete quantity of the ordered goods. Niviss is not responsible for any interruption in production, loss of profit or indirect losses arising due to a failure in supplying a specific product on time, unless a separate agreement between NIVISS and the Customer has been made, which specifies the delivery terms and the responsibility in case of a failure in supplying the goods on time.
15. NIVISS is not responsible for defects caused due to improper usage or exceeding permissible technical parameters of a product. The warranty liability of NIVISS is limited only to defects of the components supplied by the Company and to defects of the delivered products. NIVISS is not responsible for the proper and reliable operation of customers products or systems.
16. NIVISS is not responsible for the consequences of the improper use of purchased goods.
17. NIVISS is not liable for unlawful usage of purchased products.
18. NIVISS is not liable for any errors which occurred in the catalogue or any other advertising materials during the printing process, as well as for any mistakes in technical documentation presented on our web site.
19. Products and services shown on our web sites, including parameters and products descriptions, are presented for informational purposes only. These information cannot be the basis for any claims or compensations against the company NIVISS. Our Company reserves the right to deliver products characterized by different parameters from those presented on the web site. In order to achieve optimal product quality it is suggested that the customer should immediately check whether the properties of the products meet his demands.
20. NIVISS is not liable for failure to perform the Companys obligations under a contract if such failure is a result of a superior force (Vis maior), i.e. extraordinary events or natural hazards (war, flood, hurricane, earthquake, riot, snow storm, strikes, communications disruption, disaster, etc.), which are beyond the control of the parties and which occurred after the agreement between NIVISS and the Customer.

LAW
1. These Conditions of Cooperation are subject to the Polish law and the place of settlement of disputes is the court competent for the NIVISS’ head office (Gdynia, Poland). NIVISS may also take legal action against a Customer in the court having the jurisdiction over the Customer’s head office or place of living of the Consumer. Excluded is the application of the Vienna Convention on the International Sale of Goods of 11 April 1980.
2. Above Terms of Cooperation are in force until changes in these terms are published by NIVISS on the web site.
3. In the case some of above legal regulations change or if some or all of these regulations are recognized by the competent court as invalid or ineffective, all other Terms of Cooperation shall be still valid and effective.
4. NIVISS especially cares for its Customers with the Consumer status, strictly following current law regulations regarding contracts involving Consumers, in particular including the rules on Consumer Sales. Terms presented in these Conditions of Cooperation do not bind the Customers, if they would be regarded as unfair contract terms or would violate applicable law.
5. The Customer is not allowed to transfer his rights, liabilities or duties resulting from an agreement with NIVISS without a prior notice and consent of NIVISS.
6. The NIVISS trademark and Company name are owned exclusively by NIVISS and are registered and reserved in The Office for Harmonization in the Internal Market OHIM under the number 009143711.
7. NIVISS is the owner of all copyrights for the Company’s and promotional materials presented on the Company’s web page, including photos, products descriptions, products catalogues, graphics and the ways of their presentation, and in particular unique descriptions and symbols used by NIVISS. Every copying action of both technical, as well as informational materials requires a permission in writing issued by an authorized NIVISS employee.
8. The Customers (Clients) consent to process their personal data by NIVISS in order to proceed and fulfill the sales contract. NIVISS is obligated to process personal data in accordance with relevant laws in force in this regard. The current basis is the Act of 29 August, 1997 on Personal Data Protection (Journal of Laws Number 101 item 926 of 6 July 2002 with later changes).

Loyalty Program

NIVISS nPartner Program
Become NIVISS nPartner!
For regular clients NIVISS launched a new loyalty program entitling our customers to discounts and rewards. Our regular partners get the nPartner status which guarantees a special service policy. nPartners are entitled to buy products at lowest prices presented on our web site valid for the largest quantities, even for sample orders – even a 1 piece order of a specific good will automatically result with the lowest possible price level valid for the biggest quantity. NIVISS allows individual price negotiations for large quantities of purchased goods as well as very attractive price levels for customer-specific products. nPartners are also entitled to use our professional technical support service helping to develop a customized LED solution and get advice in choosing proper elements matching the requirements of the Customers application. All orders placed by nPartners are considered as top priority orders and are processed and shipped in the first place.
NIVISS also provides samples of some products as well as shipping free of charge.
To become NIVISS nPartner all of the following conditions must be satisfied: – single purchase order for a minimum amount of EUR5,000 (or USD6500), – annual purchase orders value of at least EUR15 000 (or USD20 000), – timely payments.

Sample picture – product is consistent with the description, may be different then shown in the picture (shape, colour, basic features)