General Term of Use for the Sale of Code
General Terms of Use for the Sale of Code that give the title to receive products or services from Nais partners.
1. General provisions
1.1 These Terms and Conditions, hereinafter referred to as “Terms and Conditions”, apply to any Code purchased on the Nais Application by a User for which Nais is the selling party. The Terms and Conditions do not apply to transactions made on the Nais Application for which Nais Partner is the selling party.
1.2 In the scope not regulated by the provisions of the General Terms of Use for the Sale of Code, the provisions of the relevant General Term of Use of Nais Application shall apply to User Terms and Conditions or Program Organizer Regulations Terms and Conditions or Partner’s Terms and Conditions. The General Term of Use of Nais Application are available at https://nais.pl/en/regulations
1.3 Nais means Nais Sp. z o.o. owner of Nais Application with its seat in Rzeszów (35-505), ul. Krośnieńska 34 lok. 10A.
1.4 Code means a digital instrument, containing digital content, which may be equivalent to means of payment or equivalent to goods, entitling its holder (hereinafter referred to as “Buyer”) to: to purchase or receive a Partner’s Offer from a Partner, within the validity period indicated on the Code or in the system communication provided upon receipt (hereinafter referred to as the “Redemption Period”). The Code may be redeemed under the terms and conditions specified by the relevant Partner (the issuer of the relevant Code). For the avoidance of doubt, it is clarified that Nais is not the issuer of any Codes that are available on the Nais Application (Nais marketplace).
1.5 Partner’s Offer means goods or services provided to the Holder by the Partner in accordance with terms and conditions made available on the Website of Nais Application at www.nais.pl or on the website indicated on Code or in communication provided upon its receipt.
1.6 Partner – definition in accordance with the wording of the General Term of Use of Nais Application for Users, Program Organizers, and Partners. Nais is not selling or delivering its Partner’s Offer. Nais only sells and delivers the Code.
1.7 User – definition in accordance with the wording of the General Term of Use of Nais Application for Users, Program Organizers, and Partners.
1.8 Application – definition in accordance with the wording of General Term of Use of Nais Application for Users, Program Organizers, and Partners.
1.9 Nais reserves the right to unilaterally amend the General Terms of Use for the Sale of Code at any time. Any changes to the General Terms of Use for the Sale of Code will be published online at www.nais.pl. The version valid for the User is only the version of the General Terms of Use to which the User agreed to when the purchase of the Code was made.
2. Acquisition of the Code
2.1 The Code can only be purchased by Users.
2.2 The Affiliate may use its terms of sale, delivery or conditions for the delivery of Partner’s Offers and each User is obliged to read accompanying Terms and Conditions of the Partner before purchasing the Code.
3. Code Redemption
3.1 Unless expressly stated otherwise:
· the code can be redeemed only once; the redeemed Code loses its validity;
· the code can only be redeemed at the Partner indicated by Nais
· the code is valid for one person only; and
· when redeeming the Code with the Partner, you must follow the instructions and Terms and Conditions related to the Code.
3.2 In order to redeem the Code, it must be presented to the Partner on the Redemption Date. Code not redeemed automatically expires on the Implementation Date. An expired Code cannot be redeemed, and its Holder is not entitled to reimbursement or compensation.
3.3 Code can only be redeemed in full. They are not subject to partial or fractural implementation.
3.4 Nais may charge booking fees or other related fees on behalf of the Partner for purchase or redemption of the Code. Any such costs (if any) will be presented to the User for approval before purchase of the Code.
4. Code Usage
4.1 The Code may be purchased for personal, non-commercial use only (the Code may be hand over to another person for their personal, noncommercial use).
4.2 The User is solely responsible for the Code. Neither Nais nor Partner are responsible for lost or stolen Code or for retrieving security codes.
4.3 The User will not take any illegal actions in relation to the acquisition or use of the Code and will not allow such activities by other people.
4.4 Any attempts to redeem the Code in contrary to its Terms and Conditions or may lead to the invalidation of the Code.
4.5 The duplication of the Code is prohibited.
5. Troubleshooting
5.1 The purchase of Codes in the Nais Application (Nais marketplace) may involve two separate scenarios related to the implementation of the provisions of the Law of May 14, 2014 on Consumer Rights:
A) in the event that the purchase of a Code does not simultaneously with its receipt entail the Buyer’s access to digital content information – data provided in digital form, the User, under the terms of the law, has the statutory right to withdraw from the contract of purchase of the Code within 14 calendar days from the date of purchase of the Code (hereinafter referred to as the “Withdrawal Period”). By redeeming the Code within the Withdrawal Period in which the User has the right to withdraw from the contract of purchase of the Code, the User expressly orders the commencement of the services within this period and acknowledges that he/she waives the right to withdraw from the contract of purchase of the Code. Since Nais is not responsible for the delivery of the Partner’s Offer, once the Code is redeemed, the User is not entitled to a refund (in whole or in part). For the avoidance of doubt, this section also applies to any offer with a simultaneous order.
B) where the purchase of a Code carries with it simultaneously with its receipt the access of the Buyer to information on digital content – data provided in digital form and it follows from the nature of this Code (in such a way it was issued by its issuer) that it is impossible to separate this digital content from the other elements of the Code, The User in order to purchase this type of Code must request performance (issuance of the Code) before the expiration of the statutory right of withdrawal, which entails the loss of the Buyer’s right to withdraw from the contract, of which the Buyer will be informed by Nais with an appropriate system message.
5.2 If the Buyer has a statutory right of withdrawal from the contract of purchase of a Code, it may be exercised as follows:
– by completing, signing and sending a signed scan of the withdrawal form to: complaints@nais.co
– by sending the letter by registered mail to the address specified in Section 1.3.
5.3 If the User has the right to withdraw from the contract for the purchase of the Code, Nais, after carrying out the procedure to verify that the Code has not already been used (which will not take more than 15 working days), will refund the value of all payments made for the purchase of the Code immediately after receiving confirmation that the Code has not already been used by the Buyer. The value will be returned only to the account belonging to the User in the Application.
5.4 If the Code has been redeemed, but the Partner has not delivered the Partner Offer as ordered, or if there are objections to the delivery of the Partner Offer, claims must be made directly to the Partner (the issuer of the Code).
5.5 If a statement to the contrary is made explicitly to Nais, any cash refunds will be processed through the original payment method. If an appropriate statement is not made and the refund is processed via the original payment method, you may need to contact your bank or payment service provider to obtain the refund.
6. Responsibility for the Partner’s Offer
6.1 Nais is by no means:
· the seller or supplier of the Partner’s Offer;
· a party that concludes an agreement with the holder of the Code; and
· the party responsible for delivering the Partner’s Offer to the holder of the Code and for its content.
7. Nais’s Liability
7.1 Nais declares that:
· will exercise due diligence to fulfill its obligations under the General Terms of Use;
· code is useful for the purpose for which they were created.
7.2 Nais does not guarantee the completeness, usefulness or lawfulness of the Partner’s Offer. Nais is not responsible for the quality, usability, or other characteristics of the items or services covered by the Partner’s Offer.
7.3 Nais is not liable for any breach of duty arising from General Terms of Use if the fulfillment of a given obligation was made impossible or difficult for reasons beyond the control of Nais.
8. Miscellaneous
8.1 Unless expressly stated in the General Terms of Use, any statements between the parties must be submitted in writing and delivered by e-mail or regular mail with postage paid for by the sender. Nais will send all communication to the address provided during registration by the User. Any statements made to Nais scan be forwarded to the registered office address specified in point 1.3.
8.2 If any of the provisions of the General Terms of Use is found invalid or unenforceable, the fact this does not affect the validity and enforceability of the remaining provisions.
8.3 The provisions of the General Terms of Use are subject to the regulations and requirements of the governing law of Poland and should be interpreted as such with the exception of the provisions of the international law. Any arising disputes will be subject to the exclusive jurisdiction of the competent courts in Poland. Poland is a Member State of the European Union; therefore, EU law takes precedence over the national law of a Member State. All consumer rights of European Union citizens are honored.
These Regulations are valid from 25/05/2017
The update of the document is valid from 28/11/2022
