Site rules https://www.harmoniadom.com
The owner of the website https://www.harmoniadom.com is MAGDALENA OGŁUSZKA with a registered company Chartist MAGDALENA OGŁUSZKA, Żabczanka 14B, 97-420 Żabczanka. The company is registered in the Central Register and Information on Business Activity under the number NIP: 7692238306, REGON 388034410.
The Regulations define the rules for using the Website and its functionalities, and, among others, the type and scope of services provided, including electronic services provided by its owner, the terms and conditions of placing orders, technical conditions, the method of concluding and terminating distance contracts, the rules and terms of payment and delivery conditions, and the complaint procedure.
You can contact the seller by e-mail: MEG@HARMONIADOM.COM or via phone: 697 024 757.
§2 Definitions
Price – value expressed in monetary units that the Customer is obliged to pay to the Seller.
Working day – a day of the week from Monday to Friday, excluding public holidays.
Delivery – means the delivery of the Product to the Customer by the Seller.
DSA - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
Civil Code - the Civil Code Act of 23 April 1964.
Customer – an entity purchasing goods for its own consumption and acquiring rights to its ownership or intending to purchase. A natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude an Agreement with the Seller.
Consumer – a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity (definition based on Art. 221 of the Civil Code).
Offer – a sales proposal containing the essential elements of a given Product together with instructions for its use (if available).
Privacy policy – a document specifying the principles of personal data processing, available at https://www.harmoniadom.com/privacy-policy.
Product – any goods or services within the meaning of Art. 2, point 3 of the Act on Counteracting Unfair Market Practices; The Product is paid for, unless otherwise indicated.
Electronic Product – digital content that the Customer receives as part of the Purchase, which takes the form of an electronic file, software or online access to websites.
Physical Product – a product that is subject to physical shipment by post/courier or that can be picked up in person.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf and using the Website.
Entrepreneur with consumer rights – a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that this contract is not of a professional nature for him/her, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Regulations – these Sales Regulations specifying the rules for using the Website, placing orders and the rules for fulfilling orders by the Seller.
Website – site https://www.harmoniadom.com on which the sale of Products is conducted by the Seller.
Seller - Jerzy Ogłuszka, living in Bełchatów, PESEL: 58030517511, e-mail address: MEG@HARMONIADOM.COM, phone number: 697 024 757.
Goods – the item that is the subject of the contract concluded between the Seller and the Customer.
Agreement – mutual agreements between the Seller and the Customer defining mutual rights and obligations.
Contract concluded at a distance – a contract concluded without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
Service – any activity containing an element of intangibility, which involves an impact on the Client or his/her items, which does not result in a transfer of ownership rights.
Digital service – a service that allows the Customer to: a) generate, process, store or access data in digital form, b) share data in digital form that has been sent or generated by the consumer or other users of the service, c) other forms of interaction using such data.
Electronic service – a service provided electronically via the Website; a service within the meaning of Art. 2, point 4 of the Act on the provision of services by electronic means.
User – an entity using the Website.
Purchase - transfer of ownership to the Customer for a fee or free of charge.
§3 Electronic services on the website
The following Electronic Services are available on the Website: Contact form, House rental.
The above-mentioned services are provided to the extent described directly on the Website.
The provision of Electronic Services to Customers on the Website takes place under the terms and conditions specified in the Regulations.
The use of Electronic Services involves the transmission of data via the Internet, which is subject to risks specific to this network.
It is prohibited to transmit content of an unlawful and illegal nature, including in particular materials promoting terrorism, showing the sexual exploitation of children, promoting racism and xenophobia, as well as violating intellectual property rights. Detailed information on prohibited content can be found in the section "Content restrictions - illegal content and content inconsistent with the Regulations, reporting illegal content, contact point" of these Regulations.
§4 Rules for concluding contracts
The Regulations and the Offer define the principles of cooperation and the conditions for the implementation of the agreement.
At the very bottom of the Website, the Customer is provided with the Regulations free of charge. The content of the Regulations may be recorded by the Customer by downloading, saving on a medium or printing at any time from the Service page.
The Customer may not place an Order using incorrect personal data, anonymously or under a pseudonym.
The Regulations and the Offer do not limit or exclude the rights of the Customer who is a Consumer or an Entrepreneur with consumer rights arising from mandatory provisions of law.
In the event of any discrepancy between the content of the Regulations and the Offer, the Offer shall be binding.
The customer can place an order in the "Offer" tab.
In the "Offer" tab, you can select the time period and the number of guests on the widget from the Lodgify service. After selecting the option, the Customer confirms it by pressing the "Book now" button. Information about the approximate cost of the Service appears under the button mentioned in the previous sentence.
After clicking the "Book Now" button, the Customer is redirected to the Lodgify application where they can pay for the order. If the Customer is determined to use the Service, they click the "Continue" button.
The Client may purchase additional services, in accordance with the Offer. Then, he/she provides contact details, such as: e-mail address, first name, last name, country, contact number (optional), comment and makes payment via Stripe.
After clicking "Request a reservation", the Seller verifies the date, confirms the reservation and charges 50% of the Service cost, while the remaining 50% is charged 7 days before arrival. The Customer receives an email confirming the reservation.
The contract is concluded when you click the "Request a reservation" button or when you expressly confirm your willingness to place an order via email.
Receipt of the order will be confirmed by email. The contract is concluded upon receipt of the order confirmation / shipping confirmation with a separate message.
The Customer is prohibited from providing content of an illegal nature and is obliged to use the Website in accordance with applicable laws, the Regulations and good practices, taking into account personal rights and intellectual property rights, in particular copyrights belonging to the Seller or third parties, and in a way that does not disrupt the functioning of the Website.
§5 Price
The price is gross and includes all taxes required by law, unless the Seller has clearly indicated otherwise in the Offer.
The seller informs that he is not a VAT payer.
The price does not include information on delivery costs or other costs that the Customer is obliged to bear, and about which costs he will be informed before placing the order.
The reduced price is the price applicable after the price of the Product has been reduced.The lowest price is the lowest price for the Product that was valid in the period of 30 days before the introduction of the discount, and in the case of a product offered for sale for a period of less than 30 days – the lowest price is the lowest price valid in the period from the date on which the Product was first offered until the date of the introduction of the discount.
The Seller reserves the right to make changes to the prices of Products and to conduct and cancel promotional campaigns. Any changes to the prices of Products are effective from the moment they are introduced to the Service and do not violate any Agreements already concluded. Promotions conducted by the Seller cannot be combined, unless the regulations of a given promotion provide otherwise. Detailed information is included in each case in the terms or regulations of a given promotion.
§6 Rules for cooperation and placing orders on the Website
The Customer may use the Service 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed the next Business Day. The Seller reserves the right to temporarily disable the Service for technical reasons.
The Seller uses the services of external payment operators to offer online payments.
The Customer may choose the following forms of payment for the ordered Products:
a) upon receipt at the Seller's registered office or at a place indicated by the Seller
b) by electronic transfer - via: Stripe. In order to make the payment, the Customer will be transferred to the service page on the terms indicated by this service
The Customer is obliged to make the payment immediately after placing the order, unless otherwise stated in the Offer or the payment method chosen by the Customer.
The Seller reserves the right to refuse to accept an order or to cancel it if it was placed using: software, robot, crawler, spider or any automated system or scripted behavior or any third party services used to place an order on behalf of the Customer.
§7 Technical conditions
The Customer may use the Website in accordance with applicable legal provisions and the Regulations.
The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks.
In order to use the Service or place an order, the Customer must have: a current version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome); an active email account.
§8 Warranty and complaint
The Seller is responsible for the compliance of the article with the sales contract under the terms specified in Article 43a and subsequent sections of the Consumer Rights Act.
§9 Returns - consequences of withdrawal from the contract
In the event of the Customer withdrawing from the contract within 48 hours, the Seller is obliged to immediately, but no later than within fourteen days from the date of receiving the notification of withdrawal from the contract, return the advance payment received to the Customer. The advance payment is charged in the amount of 30% of the total price after the order is confirmed. If the customer withdraws from the order after this time, the advance payment is not returned and the remaining amount is not charged.
The same means of payment used by the Customer in the original transaction will be used for the refund, unless another means of payment is expressly agreed with the Customer.
§10 Copyright and Licenses
All materials provided by the Seller, including electronic Products and Services, photos, texts, graphics, multimedia and trademarks are a work within the meaning of the Copyright and Related Rights Act, subject to legal protection.
The copyright to the above materials is held by the Seller or another entity from which the Seller obtained the appropriate license. The materials may also be used by the Seller based on another legal basis.
All materials provided by the Seller may be used solely by the Customer for their own use, unless otherwise stated in the Offer. Further distribution, sharing, downloading and downloading of materials in any way beyond the scope of permitted use is not permitted.
The Seller grants the Customer a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time restrictions result from the Offer or these Regulations. The fee for granting the license is included in the price.
The customer has the right to use the materials in the following fields of exploitation:
disseminating the work through public display, reproduction, broadcasting and re-broadcasting, as well as making the work publicly available in such a way that everyone can access it at a place and time of their choosing.
In the event of a breach of the prohibition referred to in this paragraph, including copyright infringement, the Seller has the right to demand compensation and redress from the Customer. The Customer may be held civilly or criminally liable in the above-mentioned scope.
The Seller has the right to periodically update the Products, including in particular electronic Products.
The provisions of the Republic of Poland apply to these Regulations.
§11 Content restrictions - illegal content and content that does not comply with the Regulations, reporting illegal content, contact point
The Customer is obliged to use the Website in a manner consistent with the law and ethics, with respect for the personal rights and copyrights and intellectual property of the Owner and other persons.
Posting illegal content is prohibited.
The Content must not promote, condone or represent (including through links to other websites) the commission of any of the offences defined in Directive 2017/541 (hereinafter referred to as the "Directive"), such as, but not limited to:
Human trafficking, i.e.: The recruitment, transportation, transfer, harbouring or receipt of persons; The use of threats, force, coercion, abduction, fraud, deception; Abuse of power, exploitation of a position of vulnerability; The giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Terrorism-related offences (full list of offences listed in Article 3(1) of the Directive): Committed with the aim of intimidating a population, unlawfully compelling a government or an international organisation to perform or refrain from performing an act, or destabilising or destroying the fundamental political, constitutional, economic or social structures of a State or an international organisation.
Examples of offences include:
- Attacks on human life which may cause death.
- Attacks on the physical integrity of a person.
- Kidnapping or hostage-taking.
- Manufacturing, possession, acquisition, transportation, supplying or use of explosives or weapons (including chemical, biological, radiological or nuclear), research and development of such weapons.
- Illegal interference with information systems which causes serious damage or is committed against a critical infrastructure information system.
- Illegal interference with computer data in a critical infrastructure information system.
- Threats to commit one of the above acts.Disseminating or making available messages to the public with the intention of inciting the commission of an offence listed in the Directive, where such action promotes the commission of terrorist offences and creates a risk that they may be committed.Nakłanianie innych osób do popełnienia lub przyczynienia się do popełnienia przestępstw wymienionych w Dyrektywie.
Providing or collecting funds, directly or indirectly, with the intention that they be used to commit terrorist offences.
Creating or using false administrative documents with the intention of committing the offences listed in the Directive.
Content may not contain information that:
Infringes personal or property copyrights.
Violate good customs or moral norms, offend the dignity or violate the personal rights of other people, including the right to one’s image.
Are vulgar, offensive, support radical social attitudes or express such views (including any kind of racial, ethnic, gender, religious discrimination, hate speech, etc.) and contain pornographic content.
Constitute advertising prohibited by the provisions of the Act of 16 April 1993 on Combating Unfair Competition and the Act of 23 July 2007 on Counteracting Unfair Market Practices.
Are misleading commercial information.
The Owner counteracts the dissemination of terrorist content in accordance with Regulation 2021/784 and illegal content in accordance with the DSA.
The Owner has set up a central point of contact (hereinafter referred to as the Contact Point) for direct electronic communication with the Portal for Member State authorities, the Commission and the Digital Services Board in accordance with the requirements of the DSA: MEG@HARMONIADOM.COM
The Contact Point was established to meet the requirements of Article 11 of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (DSA).
The Contact Point is responsible for handling orders relating to action against illegal content pursuant to Article 9 of the DSA and information orders pursuant to Article 10 of the DSA, which are transmitted to the Owner by the relevant judicial and administrative authorities.
Users can also use the Contact Point for direct and quick communication with the Owner.
The Contact Point supports communication in Polish or English.
Reports regarding illegal content should be sent to the Owner only using the dedicated form available on the Website. The report must contain all the required information indicated in the form (Appendix No. 3).
The owner will inform the applicant about receipt of the application and how it will be dealt with via email.
The owner does not review published content independently.
The Owner has designated a single point of contact for direct electronic communication with the Member States' authorities, the Commission and the Digital Services Council: https://www.harmoniadom.com/contact. The contact point also handles orders to take action against illegal content and information orders.
Complaints regarding the Seller's activities related to terrorist or illegal content should be submitted in accordance with the procedure described in the Regulations.
The Owner suspends the provision of the Services for a reasonable period after a prior warning in the case of recipients of the Service who frequently transmit manifestly illegal content. In addition, the Seller suspends for a reasonable period, after a prior warning, the consideration of reports made through the Notification and Action Mechanisms and complaints submitted through the internal complaint handling systems referred to in Articles 16 and 20 of the DSA, respectively, by persons or entities who frequently submit manifestly unfounded reports or complaints.
The Owner shall make decisions to suspend services after carefully assessing each case, in a timely and objective manner, with due diligence. It shall verify whether the recipient of the service, person, entity or complainant is committing an abuse referred to in point 6, taking into account all available relevant facts and circumstances. These circumstances shall include at least:
The number of clearly illegal content or unfounded reports or complaints that were forwarded, submitted or filed during the relevant period.
The proportion of these numbers in relation to the total number of information provided or reports made during a given period.
The severity of the abuse, including the nature of the illegal content and its consequences.
The intention of the service recipient, person, entity or complainant, if it can be determined.
To the extent not regulated, the provisions contained in the DSA shall apply.
§12 Final provisions
During the duration of the force majeure, the Parties to the agreement shall be exempt from any liability for its non-performance or improper performance, if only the circumstances of the occurrence of the force majeure constitute an obstacle to the performance of the agreement. The above also applies in the period immediately preceding or immediately following the occurrence of the force majeure, if only in the indicated period the impact of the force majeure constitutes an obstacle to the performance of the agreement.
"Force majeure" shall be understood as an event of a sudden or natural nature, independent of the will and action of the Parties, which could not be foreseen and could not be prevented, in particular events such as: flood, war, act of terror, introduction of a state of emergency.
If the Customer is from outside the Seller's country, they should inform the Seller about this, providing information about their place of residence/registered office, in order to be able to settle the tax in accordance with the applicable regulations.
When using the Products, it is prohibited to act in a manner that is contrary to the law, good customs or infringes the personal rights of third parties, as well as to provide information of an unlawful nature.
Amicable settlement of disputes and handling of complaints. The consumer has the possibility to contact:
a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract;
the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller;
the district (municipal) consumer rights advocate or social organization whose statutory tasks include consumer protection in order to obtain assistance in a contract matter;
or has the right to use the ODR platform. The platform serves to resolve disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.
The Seller reserves the right to introduce changes to the Regulations for important reasons, including in particular due to changes in legal regulations to the extent that such changes force the Seller to also change the content of these Regulations, in particular changes to the provisions of the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means, as well as under applicable decisions of the Office of Competition and Consumer Protection, the Office of Personal Data Protection or court rulings to the extent corresponding to the decisions/rulings issued and in the event of a significant change in business factors, provided that there is a causal relationship between the above-mentioned change and the change in the costs of providing services by the Seller.
The applicable law is Polish law, subject to paragraph 9.
The competent court is the Polish court, subject to paragraph 9.
In the case of a Customer who is a consumer, the provisions of the Regulations do not deprive the consumer of the protection granted by the provisions of the law of the country of his habitual residence, which cannot be excluded by agreement. In the event that the provisions that apply in the consumer's country are more favorable to him, and these provisions cannot be excluded by agreement, they will be applied in the agreement concluded between the Customer and the Seller.
The principles regarding the processing of personal data are regulated in the Privacy Policy.
The regulations are effective from 2024-08-31.
§13 Other provisions concerning entrepreneurs
The provisions of this section apply to an Entrepreneur who is not an Entrepreneur with consumer rights.
The court with jurisdiction to resolve any disputes arising between the Service Provider and an Entrepreneur who is not an Entrepreneur with consumer rights is the court with jurisdiction over the registered office of the Plaintiff.
The Seller has the right to terminate the agreement with the Entrepreneur, who is not an Entrepreneur with consumer rights, with immediate effect. For this purpose, the Seller sends the Entrepreneur a statement on the termination of the agreement to the e-mail address or correspondence address. The Entrepreneur waives any claims in this regard.
The Seller shall not be liable for lost profits towards an Entrepreneur who is not an Entrepreneur with consumer rights.
Annex No. 1.
WITHDRAWAL FORM SAMPLE
Complete the form if you wish to withdraw from the Agreement.
Date and city:
Your name:
Your email:
Your phone:
Magdalena Ogłuszka
Bełchatów, NIP: 7692238306
Withdrawal from the contract
I withdraw from the contract dated:
Order number:
Annex No. 2.
COMPLAINT FORM
Complete the form if you wish to file a complaint regarding the non-conformity of the Product with the Agreement.
Date and city:
Your name:
Your email:
Your phone:
Order number:
Date of placing the order:
Magdalena Ogłuszka
Bełchatów, NIP: 7692238306
Filing a complaint
II hereby inform that the goods I purchased are inconsistent with the contract.
Applies to the product:
The non-conformity was found on:
The non-conformity of the Product with the contract consists in:
In view of the above, I kindly ask you to:
Annex No. 3.
REPORT ILLEGAL CONTENT
Fill out the form if you wish to report illegal content, content violating the terms of use of services and harmful content published via the https://www.harmoniadom.com platform, including in particular: content promoting terrorism, showing the sexual exploitation of children, spreading racism and xenophobia, violating intellectual property rights, cyberstalking, selling counterfeit or substandard products, violating consumer protection laws, unlawful use of copyrighted materials, illegal offering of accommodation services and illegal sale of live animals.
Date and city:
Your name:
Your email:
Your phone:
Magdalena Ogłuszka
Bełchatów, NIP: 7692238306
URL(s) of the content you consider illegal:
Which content on the site is illegal (indicate exactly):
Justify your report:
I declare that the person or entity on whose behalf I am making the report has a good faith belief that the information and allegations contained therein are correct and complete.