Terms and Conditions of the HomeNeo.eu Website

1. This document constitutes an annex to the Terms and Conditions. By using our services, you entrust us with your information. This Privacy Policy serves only to assist you in understanding what information and data are collected and for what purposes we use them. This data is very important to us, so please read this document carefully, as it defines the principles and methods of processing and protecting personal data. This document also defines the principles of using cookies.

2. We hereby declare that we comply with the principles of personal data protection and all legal regulations provided for in the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).

3. Any person whose personal data is processed has the right to contact us to obtain comprehensive information on how we use their personal data. We always strive to provide clear information about the data we collect, how we use it, the purposes for which it is to be used, and to whom it is transferred. We also provide information about the protection we provide for this data when transferred to other entities, and about the institutions you should contact in case of any doubts.

4. The Website uses technical measures such as: physical protection measures for personal data, hardware measures for IT and telecommunications infrastructure, security measures within software tools and databases, and organizational measures to ensure adequate protection of processed personal data. In particular, they protect personal data against unauthorized disclosure to third parties, unauthorized acquisition and use for unknown purposes, as well as accidental or intentional alteration, loss, damage, or destruction of such data.

5. Under the terms set forth in the Terms and Conditions and in this document, we have exclusive access to the data. Access to personal data may also be entrusted to other entities through which payments are made, which collect, process, and store personal data in accordance with their Terms and Conditions, and entities tasked with fulfilling orders. Access to personal data is granted to the above-mentioned entities to the extent necessary and only to the extent necessary to ensure the provision of services.

6. Personal data is processed only for the purposes for which you have consented by clicking on the appropriate fields in the form provided on the Website or in another explicit manner. The legal basis for the processing of your personal data is consent to data processing or a requirement to provide a service (e.g., ordering a product or service), pursuant to Article 6(1)(a) and (b) of the GDPR.

1. Through the Website, the Seller sells Services and provides the Buyer with an electronic service, enabling the Buyer to enter into an agreement with the Seller for the provision of the selected service.

2. As part of the Website, the Service also provides a Newsletter service. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service, which consists of sending the Buyer emails containing information about new products, promotions, products, or services from the Seller.

3. Subscription to the newsletter is completed by completing and submitting the newsletter subscription form or by checking the appropriate checkbox during the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking the unsubscribe button visible in each newsletter message or by sending a relevant request to the Seller.

4. The Seller declares that, due to the entry into force of the European-wide legal regulation (transposing Directive (EU) 2019/2161 into national law) regarding reviews, businesses that provide reviews must disclose whether and how it is ensured that the published reviews come from consumers who have used or purchased the product. The measures taken for this purpose must be specifically mentioned.

5. We declare that the reviews posted on our website come from actual customers who have purchased and used our services. Reviews were submitted in accordance with the submitted request after confirming that the customer has used our services. We anticipate the possibility of importing reviews posted in the Google tab in the business listing section of our company. We promise to complete all formalities and efforts to ensure that the reviews are accurate and truthful, and that any improperly submitted reviews will be deleted.

6. Mandatory legal bases for the above-mentioned regulations:

• Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernization of Union consumer protection rules, OJ L 328, 18.12.2019, pp. 7–28.
• Online review falsification – consumer experiences, based on a study by PBS Sp. z o.o. commissioned by the Office of Competition and Consumer Protection (UOKiK), available at uokik.gov.pl/aktualnosci.php?news_id=17411
• Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ("Unfair Commercial Practices Directive") (OJ L 149, 11.6.2005, pp. 22–39, as amended).
• Commission Notice – Guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1–129.
• Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, pp. 64–88, as amended).

7. The Website declares that it complies with all required principles of personal data protection for Service Users, as provided for, among others, by the Personal Data Protection Act of May 10, 2018, and in accordance with the provisions of the GDPR. The Service User consents to the collection, storage, and processing of personal data by the Website solely for purposes directly related to the performance of the Website's tasks. Detailed conditions for the collection, processing, and protection of personal data by the Website are specified in the Website's "Privacy Policy."

8. The User may review the Terms and Conditions and accept their content by checking the appropriate box in the form. Acceptance of the Terms and Conditions is required to use the Website.

9. The Website is the controller of personal data, and such data is protected in accordance with the Personal Data Protection Act of May 10, 2018, and in accordance with the provisions of the GDPR.

10. The Data Controller applies appropriate technical and organizational measures to ensure the protection of personal data appropriate to the risks and categories of data being protected. First of all, it protects data against disclosure, taking away, processing, loss, alteration, damage or destruction by unauthorized persons.

11. Every person whose data is processed has the right to:

• supervise and control the processing of personal data for which the Website maintains a collection of data of Users of the aforementioned Website;
• obtain comprehensive information as to whether such a collection exists and is maintained by the Website;
• determine who the data controller is, determine their address, registered office, and name; and, if the controller is a natural person, determine their name, surname, and place of residence;
• obtain information about the purpose, scope, method, and duration of processing of the data contained in such a collection;
• obtain information in a generally understandable form about the content of such data;
• know the source of the data concerning them, unless the data controller is obligated to maintain confidentiality of classified information or professional secrecy in this respect;
• request the supplementation, updating, correction, temporary suspension, or deletion of personal data if they are incomplete, outdated, inaccurate, collected in violation of the Act, or are no longer necessary for the purpose for which they were collected.

12. In accordance with Section 11, the User has the right to access the content of the personal data being processed, to correct it, and to request its deletion. The Personal Data Controller is obligated to supplement, update, rectify, temporarily or permanently suspend processing, or remove it from the database on an ongoing basis and immediately upon notification, unless the request concerns personal data for which the procedure for supplementation, updating, or correction is specified in separate provisions of law, including the Act.

13. The Service User consents to the collection and processing of personal data by the Website, as defined by law. Data may be transferred to another entity only in the event of a legally required or necessary claim.

14. The Service User undertakes to use the Website in accordance with applicable law and principles of social coexistence.

15. By using the Website Services, the Service User is obligated to comply with these Terms and Conditions to the extent necessary to perform the Website's tasks and to the extent that is not inconsistent with applicable law and principles of social coexistence.

16. The Service Provider is authorized to disclose content, materials, and data, including IP addresses, of Service Users who used the Website in a specific manner to authorized state authorities, in particular when necessary to prevent or prosecute crimes. In such a situation, the Service Provider is also not responsible for any potential blocking of access to specific data and information.

17. Art. 556(4) The provisions concerning consumers contained in this section, with the exception of Art. 558 § 1, second sentence, apply to a natural person entering into a contract directly related to their business activity, if the content of such contract indicates that it is not of a professional nature for that person, arising in particular from the subject of their business activity, disclosed pursuant to the provisions on the Central Registration and Information on Business.

18. Verification of whether a given activity is of a professional nature will be based on the CEiDG (Central Registration and Information on Business Activity)—specifically, on the PKD codes entered therein, defining the types of business activity.

19. Sole proprietors will be granted rights regarding:

• prohibited clauses used in standard contracts;
• warranty for defects in sold goods;
• recourse against the previous seller in connection with the execution of a consumer complaint;
• the right to withdraw from a contract concluded remotely or off-premises within 14 days.

20. Consumer-related provisions contained in Articles 385(1)-385(3) of the Civil Code [concerning unfair contract terms] shall apply to an individual entering into a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for them, arising in particular from the subject of their business activity, as disclosed under the provisions on the Central Registration and Information on Business.

21. The new Article 385(5) of the Civil Code applies only to unfair contract terms (abusive clauses). The provisions on abusive clauses apply to sole proprietorships. A list of 23 examples of abusive clauses is included in Article 385(3) of the Civil Code.

1. This Website provides services electronically.

2. The service specified in point 1 requires internet access.

3. The Website can be used 24 hours a day, 7 days a week. The Website reserves the right to perform maintenance breaks to improve the functionality of the Website and fix errors.

4. When finalizing the transaction, the Customer selects the option "I consent to the processing of my personal data contained in the order form by the Website for the purpose and to the extent necessary to complete the order" in the appropriate box in the order window. This option is necessary to conclude the contract. Providing your personal data is necessary to place the order; failure to provide personal data will constitute withdrawal from the contract.

5. All materials and information contained on the Website are the property of the Website and are protected by copyright. They may not be distributed, processed, or used outside of the indicated portals without the written consent of their owner.

6. Pursuant to Art. 8, sec. 2 GDPR, the controller, taking into account available technology, makes reasonable efforts to verify whether the person with parental authority or guardianship over the child (under 16 years of age) has given or approved consent.

7. Requirements necessary to use the Website's services:

• A device with internet access;
• A web browser that supports cookies, for example:
  • Internet Explorer version 8.0 or later with ActiveX, JavaScript, and Cookies enabled;
  • Mozilla Firefox version 22.0 or later with Java applets, JavaScript, and Cookies enabled;
  • Google Chrome version 28.0 or later with Java applets, JavaScript, and Cookies enabled;
  • Opera version 12.0 or later with Java applets, JavaScript, and Cookies enabled;
  • Apple Safari 5.0 or later with Java applets, JavaScript, and Cookies enabled.
• Email access.

8. Costs related to access to the Internet and data transmission are borne solely by the User in accordance with the tariff of their provider with whom the User has signed an agreement for the provision of Internet services.

1. To conclude a valid and binding Agreement, the Customer purchases the services offered through the Website.

2. If the Buyer has requested an invoice, it will be delivered to the Buyer electronically to the email address provided in the order form.

3. The Service Provider reserves the right to change the prices and descriptions published on the Website, as well as to post new offers, conduct marketing campaigns, and other similar commercial activities.

4. No promotions (information will be provided in separate terms and conditions regarding promotions and in the application mechanisms).

1. The Service User has the right to submit complaints regarding the Services provided by the Service Provider through the Online Service.

2. The Service Provider is authorized to process complaints.

3. Complaints should be sent to the address specified in §1, point 3, in writing or electronically (the email subject line should include the word "complaint") and should include:

• the subject of the complaint and the justification for the complaint, an indication and description of the necessary circumstances;
• the Service User's identification (first name, last name, address, email address).

4. The above conditions are mandatory for the Service Provider to process the complaint.

5. Complaints will be processed by the Service Provider within 14 days of their receipt. The Service Provider's decision regarding the complaint will be communicated to the Service User at the email address provided in the complaint or the address provided in the correspondence.

1. Pursuant to legal provisions, a Customer who is a Consumer, pursuant to Article 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a distance contract without giving a reason.

2. The Customer does not have the right to withdraw from a contract in relation to contracts specified in Article 38 of the Act of May 30, 2014 on Consumer Rights, including in the following situations:

• for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has performed the service, the Consumer will lose the right to withdraw from the contract;
• in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
• where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs;
• where the subject of the service is an item that spoils quickly or has a short shelf life;
• where the subject of the service is an item delivered in a sealed package that cannot be returned after opening for health protection or hygiene reasons if the package was opened after delivery;
• where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery.

3. Pursuant to Art. 38, point 13 of the Consumer Rights Act – "for the supply of digital content that is not stored on a tangible medium, if the performance of the service has begun with the consumer's express consent before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal."

4. The customer may consent to the commencement of the provision of services before the expiry of the 14-day withdrawal period. Otherwise, the Service Provider will only begin providing the services after the expiry of the aforementioned period.

1. NOTE! Claims for defect removal or replacement after January 1, 2023 are subject to the general limitation periods, i.e.: "Article 118 of the Civil Code. Unless a specific provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to business activity, three years. However, the limitation period ends on the last day of the calendar year, unless the limitation period is shorter than two years."

2. The Seller is liable under the warranty if the defect is discovered within two years from the date the Consumer was granted access to the online service. The Seller is liable to the Consumer if the Service was non-conforming with the contract at the time of delivery or has physical or legal defects. The Seller is liable for the non-conformity of the consumer Goods with the contract if such non-conformity is discovered within two years from the date the Goods were delivered to the Buyer, with the proviso that in the event of replacement of the Goods, this period starts anew. A physical defect consists of the non-conformity of the sold service with the contract. In particular, the sold item is non-conforming with the contract if:

• it lacks the properties that such an item should have given the purpose specified in the contract or resulting from the circumstances or intended use;
• it lacks the properties the existence of which the Seller assured the Buyer, including by providing a sample or model;
• it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such intended use;
• it was delivered to the Buyer incomplete.

3. The presumption of non-conformity of the goods with the contract is 2 years.

4. Reports of defects in the Service should be sent electronically to the Website's email address or in writing to the Website's postal address (see §1, point 3: "Website address"). If a consumer experiences difficulties and is unsure how to construct a report of defects in a Product/Service, they may submit the report using the form provided in Appendix 2 to these Terms and Conditions. This serves solely to facilitate the complaint process and does not require the use of the aforementioned template for the complaint to be effective.

5. The Service will respond to the Consumer's report promptly, but no later than 14 calendar days from the date of its receipt. Failure to process the report within the specified timeframe will be deemed accepted by the Service and deemed justified.

6. The Service will cover the costs of removing the defect or defect and replacing the Service.

1. The Website is not responsible for content (both verbal and graphic) shared by Users. In the event of third-party claims related to infringement of copyright, related rights, or other rights, the Website will immediately forward them to the User as the entity responsible for the content, and the User will accept such claims and indemnify the Website in this regard.

2. In accordance with legal provisions, a Creator whose personal copyrights have been infringed or threatened is entitled to a claim for injunctive relief and restoration of the previous state. If the action that caused the infringement was culpable, the Creator may seek compensation for the harm suffered or an appropriate amount of money for a designated social purpose.

3. By posting and sharing any content, the User voluntarily distributes it. The Website is not a content provider and does not identify with it in any way; it is merely an entity that provides IT resources. The Service User declares that:

• they are authorized to use and share the content they post, including copyrights, industrial property rights, or related rights;
• the posting and sharing of personal data, images, and information concerning persons other than the Service User within the Services was done lawfully, voluntarily, and with the consent of the owners of the content to which they relate.

4. The Service User is not authorized to:

• post personal data of third parties or disseminate their image without the required authorization or consent of the third party to whom such data relates;
• post content of an advertising or promotional nature inconsistent with the purpose of the Website.

5. The Service User is prohibited from posting content:

• with the intent to violate the personal rights of third parties;
• posted in bad faith or that could be considered as such;
• infringe the rights of third parties, copyrights, related rights, industrial property rights, trade secrets, or information covered by a confidentiality clause, especially those designated as secret or top secret;
• Posting offensive or threatening content directed at other people, statements generally considered offensive, such as vulgarity;
• violating the legitimate interests of the Website;
• distributing or posting unsolicited commercial information (spam) on the Website;
• otherwise violating good manners – for example, eroticism, applicable law, social or moral norms;
• promoting Nazi, fascist, or related views.

6. If notified by a third party, authorized person, or government authority, the Website reserves the right to modify or remove content posted by the Service User if it determines that it may violate these Terms of Service or applicable law. The Website does not continuously monitor posted content.

7. The Service Provider will make every effort to ensure the proper operation of the Website and its availability 24/7. However, the Service Provider is not liable for any damage resulting from technical malfunctions.

8. The Website is also not liable for any damage to devices using the Website, device restarts, or data loss on the device.

9. The Service Provider does not provide archiving services for files, data, or information provided by the Customer.

10. In the event of a breach of these Terms and Conditions by the Customer, the Service Provider may suspend the provision of services or terminate the contract with the Customer with immediate effect by disabling/deleting active services. In such a situation, the Customer is not entitled to a refund of any fees paid to the Service Provider.

11. The Service Provider does not provide the Customer with any warranty, express or implied, regarding the effectiveness and suitability of the commercial offer for specific purposes, nor the quality and economic results of the offer.

12. The Service Provider is not liable for the acts or omissions of Customers, nor for the improper performance or non-performance of agreements concluded by them with Customers. In particular, the Service Provider is not liable for the quality, security, legality, truthfulness, or reliability of the information provided by Customers. The Service Provider is not responsible for the failure of Visitors to conclude an agreement with Service Recipients, in particular in connection with reservations made, inquiries or concluded agreements.

13. The Service Provider reserves the right to:

• change the parameters and functionality of User Accounts;
• the functional features and capabilities of the Website, in particular the scope and type of Services and its functionality;
• periodically shut down the Website, in particular for modification, maintenance, and repair purposes;
• delete the entire content of the Website servers for important reasons or completely cease providing the Services, after prior notice to Users on the Website;
• discontinue providing Services within the Website to a User who violates the provisions of the Terms and Conditions.

1. Information on extrajudicial complaint and redress procedures, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php

2. The Service User has, among others, the following options for using extrajudicial complaint and redress procedures:

3. submitting a request to the Provincial Inspector of the Trade Inspection to initiate mediation proceedings to resolve the dispute amicably.

4. Applying to the Permanent Consumer Arbitration Court operating under the Provincial Inspectorate of Trade Inspection to resolve a dispute arising from the concluded contract, see www.uokik.gov.pl/wazne_adresy.php.

5. Seek free legal assistance, including from the Consumer Federation, see website: www.federacjakonsumentow.org.pl.

6. The Network of European Consumer Centres (ECCs) assists in resolving cross-border disputes. The addresses of these institutions are available on the ECC website: www.konsument.gov.pl.

7. The Service User may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). ODR (online dispute resolution) is available at the following electronic address: ec.europa.eu/consumers/odr/. The European ODR platform provides a single point of access for consumers and traders, enabling the out-of-court resolution of disputes concerning contractual obligations arising from online service contracts: webgate.ec.europa.eu/odr/

8. The use of out-of-court complaint and redress procedures is voluntary and may only occur if both parties to the dispute, i.e., the Website and the Service User, consent to it.

1. The regulations and provisions in this Section 10 apply only to Customers and Service Recipients who are not consumers (professional purchases).

2. In the case of customers who are service recipients but are not consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without providing reasons, provided that it has sent the customer an appropriate notice.

3. The Website informs that, pursuant to Article 558 § 1 of the Civil Code, liability under the warranty for the product/service to a customer who is not a consumer is excluded.

4. The Website's liability is limited to a single claim and for all claims in total, to PLN 5 net. The Website is only liable for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits.

5. Any disputes between the Online Service and a Service User who is not a consumer shall be submitted to the court having jurisdiction over the Online Service's registered office.

1. Payments, bank transfer.

2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online transfer via the Autopay/Stripe online payment service.

3. The Online Service documents the sale of Goods/Services in accordance with the Customer's request, either with a receipt or VAT invoice. Proof of purchase in the form of a receipt or VAT invoice is delivered to the Customer electronically. The Online Service may issue a VAT invoice for all Services ordered through the Online Service.