1. General provisions and scope
These terms govern the free-of-charge use of the website available at nextriv.pl and nextriv.com (the “Website”), operated by Michał Sendrowski, conducting business activity under the name Thermonext Michał Sendrowski, entered in the Polish Central Registration and Information on Business (CEIDG), registered address: ul. Olszowa 8B, 18-400 Konarzyce, Poland, tax ID (NIP) 7182165488, EU VAT ID: PL7182165488 (the “Provider”).
The Website is informational and marketing in nature: it presents the Nextriv environmental monitoring system, the device catalogue, pricing, downloadable materials and editorial content (blog, knowledge base).
These terms do NOT govern the use of the Nextriv application (the SaaS service available at nextriv.app). The use of the application, including the FREE and PRO plans, is governed by separate terms of service accepted upon account registration.
These terms do, however, cover the contractual device return guarantee described in section 8a. Nextriv measurement devices are sold on the basis of individual offers; the complete information required by consumer law — including the notice of the statutory right of withdrawal from a distance contract together with the model withdrawal form — is provided before the sales contract is concluded and in the order confirmation.
With respect to services provided by electronic means, these terms constitute the terms referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means.
2. Definitions
Terms used in this document mean:
- Website — the site available at nextriv.pl and nextriv.com, including its subpages.
- Provider — Thermonext Michał Sendrowski, entered in the CEIDG register, NIP 7182165488, EU VAT ID: PL7182165488, ul. Olszowa 8B, 18-400 Konarzyce, Poland.
- User — any person browsing the Website or using its features.
- Application — the Nextriv system available at nextriv.app, governed by separate terms.
- Forms — the contact form, the demo request form and the Newsletter sign-up.
- Newsletter — a free service delivering product news and editorial content to the e-mail address provided.
3. Rules for using the Website
Use of the Website is free of charge and does not require account registration.
Using the Website requires a device with internet access and an up-to-date web browser with JavaScript enabled. Some features (e.g. forms) may require strictly necessary cookies.
Users must not supply unlawful content, interfere with the operation of the Website (including attempts to circumvent its security measures) or use the Website in a way that infringes third-party rights.
Using services provided by electronic means involves typical risks, such as unsolicited messages (spam), malicious software or attempts to obtain data by deception (phishing) by parties impersonating the Provider. The Provider applies measures limiting these risks (including HTTPS-encrypted connections and form protection) and recommends that Users keep their software up to date, including antivirus software, and remain cautious about suspicious messages.
4. Services provided by electronic means
Through the Website, the Provider offers the following free electronic services: browsing the Website content, the contact form, the demo request form and the Newsletter.
The browsing service agreement is concluded when the User enters the Website and terminates when they leave it. The Form service agreement is concluded when a Form is submitted and terminates when a reply is given or the matter is closed.
Submitting a Form requires providing the fields marked as required (at least an e-mail address) and, where applicable, ticking the required consents. The processing of personal data is described in the Privacy policy.
Messages sent via the Forms do not constitute a contract concerning the Application or an order — they serve to establish contact.
6. Intellectual property
The Website and its elements — in particular texts, graphics, photos, layout, the logo, the “Nextriv” marks and the NX product designations — are protected by law, including copyright and industrial property regulations.
Website content may be used for personal use. Copying, distributing or using the content for commercial purposes requires the Provider's prior consent, unless stated otherwise for specific materials (e.g. press kits or downloadable files).
7. Nature of the information and liability
Content published on the Website — including feature descriptions, device specifications and prices — is informational and does not constitute an offer within the meaning of Article 66 of the Polish Civil Code; it is an invitation to enter into a contract (Article 71 of the Civil Code). Binding terms, including prices, are confirmed when concluding a contract for the Application or in individual sales communication.
The Provider endeavours to keep the Website content accurate and up to date and the Website available without interruption, but reserves the right to technical downtime and content updates.
Editorial content (blog, knowledge base) is educational and does not constitute legal, audit or other professional advice for any specific situation.
The Website may contain links to third-party sites. The Provider is not responsible for their content or policies.
8. Complaints
Complaints concerning the Website or the services described in section 4 may be submitted by e-mail to [email protected] or in writing to the Provider's registered address. A complaint should describe the issue and include contact details for a reply.
The Provider handles complaints within 14 days of receipt and replies to the address indicated by the complainant.
Consumers may use out-of-court complaint and redress procedures — including free assistance from municipal (district) consumer ombudsmen and consumer organisations, as well as mediation conducted by the regional Trade Inspection authorities in Poland; for cross-border disputes within the EU, assistance is available from the European Consumer Centres Network (ECC-Net). Details are available at uokik.gov.pl. The Provider does not undertake to participate in out-of-court consumer dispute resolution proceedings unless required to do so by mandatory provisions of law.
8a. Device return guarantee (30 days)
Nextriv measurement devices are sold on the basis of an individual offer. The Buyer is entitled to a contractual return guarantee: within 30 days of delivery, the Buyer may withdraw from the purchase without giving a reason by returning the devices complete, undamaged and in a condition not diminished beyond what results from ordinary testing of their operation.
Return requests should be sent to [email protected], quoting the offer or sales document number. The refund is made within 14 days of receiving the returned devices (verifying their condition does not extend this period), via the same payment channel used for the original payment. The cost of returning the devices is borne by the Buyer, of which the Buyer is informed before the contract is concluded, unless the parties agree otherwise in the offer.
The contractual return guarantee does not limit or exclude statutory rights, in particular statutory warranty claims (in business-to-business transactions), rights arising from the non-conformity of the goods with the contract (consumers and, where the applicable national law so provides, sole traders treated as consumers) and the statutory right of withdrawal from a distance contract.
If you are a consumer (or, where national law so provides, a sole trader treated as a consumer), you additionally have a statutory right to withdraw from a distance contract within 14 days without giving any reason. Information on the conditions, time limits and procedure for exercising this right, together with the model withdrawal form, is provided before the contract is concluded and in the order confirmation. In the case of statutory withdrawal, we refund the payment no later than within 14 days, and we may withhold the refund until we have received the devices back or you have supplied proof of having sent them back, whichever is the earlier.
9. Personal data and cookies
The processing of Users' personal data is described in the Privacy policy, and the use of cookies in the Cookie policy. Both documents are available in the Website footer and supplement these terms.
10. Amendments and governing law
The Provider may amend these terms for important reasons, in particular changes in law, in the scope of the Website's services or in the Provider's details. The amended terms are published on the Website with the last-updated date; matters initiated earlier (e.g. submitted Forms) are governed by the version in force at the time they were initiated.
Subscribers to continuous services (the Newsletter) are notified by e-mail of material changes to these terms at least 14 days before they take effect; until then they may unsubscribe. Changes do not apply retroactively.
These terms are governed by Polish law. If you are a consumer habitually resident in the EU/EEA, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of the country of your habitual residence (Article 6(2) of Regulation (EC) No 593/2008 — Rome I). Matters not regulated herein are subject to generally applicable provisions, in particular the Civil Code and the Act on the provision of services by electronic means. Nothing in these terms excludes or limits mandatory consumer rights.