One exception: a natural person running a sole proprietorship for whom the Agreement is not of a professional nature benefits from the protection afforded to an entrepreneur with consumer rights — see § 6 below and § 12a of the Terms of Service.
As a rule we handle refunds by issuing a corrective invoice rather than a cash refund. The exceptions (overpayment, withdrawal by an entrepreneur with consumer rights) are described in § 3 and § 7.
§ 1Scope
- This Refund Policy sets out the rules for considering requests for the refund of Fees paid by the Client and for issuing corrective invoices.
- This Policy forms an integral part of the Terms of Service of LegitView.eu. Capitalised terms have the meaning given to them in the Terms of Service.
- This Policy covers:
- subscription fees (the Mini, Starter, Pro, Business and Individual Plans),
- fees for additional checks (overage — PLN 8 net each beyond the Plan limit),
- fees for Sub-accounts and other additional services set out in the Price List.
§ 2General rule — no refund of the Fee
- In accordance with § 12(2) of the Terms of Service, Fees paid by the Client are not refundable where the Agreement is terminated during a paid Billing Period or where the Services are not used in whole or in part.
- The Client retains the right to use the Services until the end of the paid Billing Period even after giving notice of termination.
- Unused Checks within a Plan limit do not carry over to the next Billing Period and are not settled in money.
- The discount for choosing a quarterly Period (−10%) is granted once in advance. If the Agreement is terminated during the quarter, the discount is neither settled proportionally nor refunded.
§ 3Corrective invoice — when and for how much
A corrective invoice is the standard settlement mechanism in business-to-business dealings and replaces a cash refund in the situations set out below.
| Situation | Basis | Correction |
|---|---|---|
| The Provider was permanently unable to supply the Services (continuous outage exceeding 72 hours, solely attributable to LegitView) | Article 471 Civil Code, § 7 of the Terms | Correction proportional to the period of unavailability |
| Termination by the Provider without fault on the Client’s side before the end of the Period | Article 3651 Civil Code | Correction for the unused part of the Period |
| Withdrawal by an entrepreneur with consumer rights within 14 days (where the conditions in § 6 are met) | Article 27 of the Act on consumer rights, § 12a of the Terms | 100% correction (unless performance has commenced with that party’s consent) |
| Duplicate payment or overpayment | Article 405 Civil Code (unjust enrichment) | Refund of the overpaid amount to the Client’s account plus a correction |
| Incorrectly issued invoice (wrong amount, details or VAT rate) | Article 106j of the VAT Act | Correction downwards or upwards depending on the error |
| Downgrade of Plan during a quarterly Period | Provisions of the Terms | The change applies from the next Period — no retrospective correction |
§ 4Payment complaints
- The Client submits a payment complaint (payment not credited, incorrect amount, Services not activated after payment) electronically to info@legitview.eu.
- A complaint should contain:
- the Client’s VAT ID and company name,
- the number of the invoice or pro forma invoice concerned,
- the date and amount of the payment made,
- confirmation of the transfer (a PDF from the bank) or the transaction reference number,
- a description of the problem and the outcome sought.
- The Provider considers the complaint and replies to the e-mail address indicated within 14 days of receipt. In justified cases (awaiting confirmation from a bank) that period may be extended to 30 days, of which the Client will be informed.
- Pending resolution of the complaint, the Provider may refrain from blocking the Account where the complaint appears well founded.
§ 5Incorrectly issued invoice
- If an error on an invoice is identified (incorrect buyer details, VAT ID, amount, VAT rate or line item), the Client reports it without delay — no later than within 7 days of receiving the invoice — to info@legitview.eu.
- The Provider issues a corrective invoice within 7 Business Days of accepting the report as justified.
- The corrective invoice is sent to the Polish National e-Invoicing System, and its PDF visualisation to the e-mail address indicated by the Client.
- Changing the buyer’s details more than 3 months after the date of sale requires a separate analysis of the tax consequences and may require the Client to issue a corrective note instead of the Provider issuing a corrective invoice.
§ 6Entrepreneur with consumer rights — 14-day withdrawal
- A Client who is a natural person running a sole proprietorship entered in the Polish business register, concluding the Agreement directly in connection with that business activity but where the content of the Agreement shows that it is not of a professional nature for them (an entrepreneur with consumer rights within the meaning of Articles 38a and 7aa of the Act of 30 May 2014 on consumer rights and § 12a of the Terms of Service), has the right to withdraw from the Agreement within 14 days of its conclusion, without giving reasons and without incurring costs (save for the exceptions below).
- To exercise that right, a statement is sent in documentary form to info@legitview.eu. The model statement in § 11 may be used. Sending the statement before the deadline is sufficient to meet it.
- The Fee is refunded within 14 days of receipt of the statement of withdrawal, to the bank account from which the payment was made (unless another account is expressly indicated).
- Exception — partial settlement where performance has commenced at an express request. Where, at the express request of the entrepreneur with consumer rights, performance of the Services began before the 14 days elapsed, that party is required to pay for the performance rendered up to the moment of withdrawal — proportionally to the extent of use (the number of Checks performed multiplied by the rate in the Price List, not exceeding the Fee paid). The Provider informs that party of this obligation before performance begins.
- Loss of the right of withdrawal. The right of withdrawal does not apply where the Provider has fully performed the Service with the express prior consent of the entrepreneur with consumer rights, who was informed before performance began that they would lose that right once the Service had been performed. This applies in particular where the entire granted limit of Checks under a Plan has been used within those 14 days.
- The right of withdrawal does not apply to other Clients that are entrepreneurs (limited liability companies, joint-stock companies, cooperatives, multi-person businesses, and sole proprietorships where the Agreement is of a professional nature for them).
§ 7Overpayment or duplicate payment
- Where a payment is duplicated or an amount higher than the invoiced amount is paid, the overpayment is treated as:
- an advance towards the next Billing Period — if the Client so wishes, or
- a refund to the source account — if the Client requests a refund.
- An overpayment is refunded within 14 days of the complaint being accepted, to the bank account from which the payment was made.
- The Provider issues a corrective invoice or an accounting note, as appropriate to the nature of the overpayment.
§ 8Procedure and deadlines
| Stage | Deadline | Action |
|---|---|---|
| Submission | without delay, max. 7 days from the event (invoice) | The Client sends a request to info@legitview.eu |
| Acknowledgement | 2 Business Days | The Provider confirms receipt |
| Consideration | up to 14 days (complaint), up to 7 Business Days (correction of an incorrect invoice) | Decision with reasons |
| Issue of the correction | on the day of acceptance or the next day | e-Invoicing System + PDF by e-mail |
| Refund of funds (where applicable) | up to 14 days from acceptance | Transfer to the source account |
§ 9Contact details
ul. Mostowa 33, 05-800 Pruszków, Poland
VAT ID (NIP): 5342688114 · REGON: 540490658
E-mail: info@legitview.eu · Phone: +48 535 777 646
Please send all requests concerning refunds, corrections and payment complaints to the above e-mail address, marked “Refund / correction — [invoice number]”.
§ 10Dispute resolution
- Disputes arising from settlements are resolved by the parties amicably in the first instance, under the complaints procedure described in § 4 and § 8.
- Failing agreement, § 10 of the Terms of Service applies as regards governing law and jurisdiction.
- The Provider neither undertakes nor refuses in advance to take part in amicable proceedings — we consider each request individually.
- A Client who is an entrepreneur with consumer rights additionally enjoys the rights arising from mandatory provisions of law, including as regards jurisdiction.
§ 11Model withdrawal statement (annex)
This model is intended for a Client who is an entrepreneur with consumer rights (§ 6). It is based on Annex 2 to the Polish Act of 30 May 2014 on consumer rights; using it is optional — a withdrawal may be made in any form, provided it is unambiguous.