Domki KoliberTerms and conditions of sale

Terms and conditions of sale

§ 1. General provisions

The Online Store available at the Internet address www.domkikoliber.pl is run by Natalia Tumaniec, an entrepreneur conducting business activity under the name of Koliber Tumaniec Spółka Komandytowa with its registered office in Władysławowo, postal code 84-120, at ul. Droga Swarzewska 1A (which address is also the address for deliveries), entered into the Central Register and Information on Business Activity, NIP 5871750669, REGON 540872377, e-mail address: biuro@domkikoliber.pl, contact telephone number: (+48) 798775338, hereinafter referred to as the “Seller”.
These Regulations are addressed to both Customers who are Consumers and to Customers who are not Consumers, using the Online Store or concluding Sales Agreements (with the exception of provisions addressed exclusively to Customers who are not Consumers).
Acceptance of the provisions of the Regulations is voluntary, but necessary to place an Order.
Whenever the following terms are used in the further content of the Regulations, they should be understood in the meaning given below:
1. Price – the amount of gross remuneration (including tax) due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement, specified in Polish zloty or another currency.
2. Business Day – one day from Monday to Friday, excluding public holidays.
3. Customer – (1) a natural person; or a legal person acting through a duly authorised person (2) or (3) an organisational unit without legal personality, to which the law grants legal capacity; having full legal capacity.
  In the event that the Customer is a natural person with limited legal capacity, they undertake to obtain legally effective consent of their legal representative to conclude the Sales Agreement and to provide such consent
  at each request of the Seller, whereby, as a rule, Sales Agreements concluded within the Online Store are of the nature of agreements commonly concluded in minor current matters of everyday life.
4. Civil Code – the Civil Code Act of 23 April 1964 (consolidated text: Journal of Laws of 2019, item 1145, as amended).
5. Consumer – a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity or that is not of a professional nature for that person, resulting in particular from the subject of the business activity they conduct, made available under the provisions on the Central Register and Information on Business Activity.
6. Newsletter – Electronic service that enables Customers using it to receive periodic information from the Seller
  about Products, the Online Store, including news and promotions to the e-mail address provided by the Customer,
  with the express consent of the Customer. The principles of providing Newsletter services by the Seller are specified in separate regulations made available as part of the Online Store.
7. Product – real estate rental available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller, upon payment of the Price.
8. Regulations – this document defining the rules for concluding Sales Agreements via the Store for the benefit of Customers. The Regulations define the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2019, item 123, as amended).
9. Online Store – a platform enabling the Customer to place Orders, run by the Seller and available at the following internet address: www.domkikoliber.pl
10. Seller – Natalia Tumaniec, an entrepreneur conducting business activity under the name Koliber Tumaniec Spólka Komandytowa with its registered office in Władysławowo, postal code 84-120, at 1A Droga Swarzewska Street (which address is also the address for deliveries), entered into the Central Register and Information on Business Activity, NIP 5871750669, REGON 540872377, e-mail address: biuro@domkikoliber.pl contact telephone number: (+48) (standard call charge – according to the price list of the relevant operator)
11. Sales Agreement – sales agreement within the meaning of the provisions of the Civil Code, concerning the sale by the Seller to the Customer of a Product for payment of the Price increased by any additional fees. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order on the principles specified in these Regulations. The Sales Agreement specifies in particular the Product, its main features, price and other important conditions. It does not constitute the conclusion of the Sales Agreement or the obligation to conclude it, merely adding the product to the basket on the website.
12. Consumer Rights Act – Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2019, item 134, as amended).
13. Order – a declaration of will by the Customer expressing the direct will to conclude a Distance Sale Agreement, submitted using means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Distance Sale Agreement and the Customer’s data necessary for the eventual conclusion and performance of the Distance Sale Agreement. The order for each Product will be treated as an independent offer by the Customer to conclude a Distance Sale Agreement. The Order may be assigned one number. Acceptance of the Order means the conclusion of the Distance Sale Agreement.

§ 2. Obligations of the Parties

The Seller provides the following services to Customers free of charge via the Online Store:

1. the ability to place Orders and conclude Sales Agreements under the terms and conditions set out in these Regulations;
2. presenting Customers with marketing content tailored to their interests;
3. the ability to browse the Content posted on the Store;
4. Newsletter.
The customer is obliged in particular to:
1. providing only true, current and all necessary data in the forms provided within the Online Store (the correctness of the data is the responsibility of the Customer);
2. immediately update data, including personal data provided by the Client;
3. use the services and functionalities provided by the Seller in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given scope;
4. timely payment of the Price and other costs agreed by the Customer and the Seller in full;
5. not to take actions including, in particular, sending or placing unsolicited commercial information in the Online Store or placing any content that violates the provisions of the law (prohibition of placing illegal content), modifying the content provided/published by the Seller in an unauthorized manner.
Any complaints related to the provision of services may be submitted in writing to the following address: ul. Droga Swarzewska 1A, 84-120 Władysławowo or in electronic form via e-mail to the following address: biuro@domkikoliber.pl
The Seller shall respond to the complaint immediately, no later than within 14 days of its submission. If the time needed to consider the complaint is longer due to circumstances beyond the Seller’s control, the Customer shall be informed of this immediately.

§ 3. Conclusion of the Sales Agreement

The Seller enables placing Orders for Products via the Online Store.
As part of the development of the services provided, the Seller may introduce further methods of placing Orders, under the terms and conditions set out in these Regulations.
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.
The Seller enables the Customer to place an Order via the Online Store in the following manner and sequence:
1. The Customer adds the selected Product(s) to the cart and then proceeds to the order form.
2. In the order form, the Customer must provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: date of stay, number of people arriving, number of animals, method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the so-called company data, and if they requested a VAT invoice as part of the form, also the Tax Identification Number.
3. The Customer selects the method of payment for the Price and any other total costs of executing the Sales Agreement indicated in the order form.
4. The Customer sends the Seller an Order (places an offer) using the functionality of the Online Store provided for this purpose (button: “Order and pay”). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, acceptance of the Regulations and the Privacy Policy is required.
5. When placing an Order, until the “Order and pay” button is pressed, the Customer has the option to correct the entered data by adding or removing a given item from the Cart.
6. Depending on the selected payment method, the Customer may be redirected to the websites of an external payment service provider in order to make the payment.
In response to the Order, the Seller immediately sends an automatic message to the Customer to the e-mail address provided by the Customer for this purpose.z potwierdzeniem otrzymania Zamówienia.
After verifying the Order, without undue delay, the Seller sends a message to the Customer at the provided e-mail address with:
1. confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of conclusion of the Sales Agreement (acceptance of the Order in respect of the Products indicated in the message); or
2. information about the impossibility of accepting all offers for Products submitted as part of the Order due to lack of payment.
The Sales Agreement is concluded upon confirmation of the offer(s).
The Seller strives to ensure the availability of all Products. In the event of impossibility to perform the service and in other situations specified by law, the relevant provisions of the Civil Code may apply, including Articles 493-495 of the Civil Code,w szczególności dotyczące obowiązku niezwłocznego zwrotu świadczenia (zapłaconej ceny) na rzecz Konsumenta.
The total value of the Order includes the Price, and any other costs incurred at the express request of the Customer. The Customer is informed of the total Price
including taxes of the Product and the fee for the city fee that is the subject of the Order, as well as the delivery costs (including transport, delivery and postal fees) and other costs, and if the amount of these fees cannot be determined – of the obligation to pay them, when placing the Order, including when the Customer expresses his or her will to be bound by the Sales Agreement.

§ 4. Payments

The Seller provides the Customer with the following payment methods:
1. electronic payments and card payments via authorized services (Autopay), in accordance with the information provided within the Online Store.
The current possible payment methods are specified in the Online Store in the “Payment Methods” tab. The available payment methods may depend on the delivery method or Product selected by the Customer. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
Settlements for electronic payment and payment card transactions are carried out in accordance with the Customer’s choice through authorized services.
In the event that the Seller does not receive payment from the Customer who has chosen payment in advance, i.e. payment by bank transfer, electronic payment or payment by payment card, the Seller may contact the Customer to remind them about the payment, including by sending an appropriate e-mail message. Failure to make payment within 2 days of placing the Order, and then within an additional 1-day period, will result in the offer submitted by the Customer as part of the Order not being accepted.
Order fulfillment will begin after payment has been received.

§ 5. Receipt of rental service

The service is available for collection in the territory of the Republic of Poland.
The service is picked up at the exact time purchased by the Client, with no possibility of modification. The Client is obliged to observe the hotel day.

§ 6. Complaints about the Product(s)

It is recommended to inspect the rental property within the first hour of your stay.
If there are any violations, please inform the Seller immediately.
The legal basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified in the provisions of the Civil Code, in particular in Article 556 and subsequent articles of the Civil Code.
The complaint may be submitted by the Customer in writing to the following address: ul. Droga Swarzewska 1A, 84-120 Władysławowo.
In the event that the sold service was performed incorrectly, the Customer may:
1. submit a declaration of a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer repairs the damage or removes such defect. The reduced price should remain in such proportion to the price resulting from the agreement, in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer cannot withdraw from the agreement if the defect of the Product is insignificant;
2. demand removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one
  or remove the defect within a reasonable time without excessive inconvenience to the Customer;
  
  with reservations and on the principles specified in the relevant provisions of the Civil Code.
The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a defect-free one or, instead of replacing the Product, request the removal of the defect, unless bringing the Product into conformity with the contract in the manner chosen by the Customer is impossible or would require
this is excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction.
It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
The Seller will respond to the Customer’s complaint immediately, no later than within 14 days of its receipt. If the Customer has requested the exchange of the item or removal of the defect or has made a statement about a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days of its receipt, it is considered that the request has been deemed justified.

§ 7. Withdrawal from the Sales Agreement

The consumer may not withdraw from the contract covering the accommodation service.
The right to withdraw from a contract concluded at a distance is excluded in accordance with Article 38 paragraph 12 of the Consumer Rights Act, the right to withdraw from a contract concluded away from business premises or at a distance does not apply to the consumer in relation to contracts (…) for the provision of accommodation services, other than for residential purposes, if the contract specifies the day or period of provision of the service.

§ 8. Protection of personal data

The personal data of the Customer/Customers are processed by the Seller as the Personal Data Administrator.
The provision of personal data by the Customer is necessary to conclude the Sales Agreement or use the Newsletter service.
All information regarding the processing and protection of personal data is included in the “Privacy Policy” tab available in the Online Store.

§ 9. Final provisions

1. These Regulations are effective from 15/04/2025.
2. Agreements concluded by the Seller are concluded in Polish.
3. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Online Store website.
4. The recording, securing, making available and confirming to the Customer the essential provisions of the concluded Sales Agreement shall be done by sending the Customer an e-mail confirming the placed Order and by attaching proof of purchase to the shipment containing the Product. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store.
5. The Seller informs that using the Online Store via a web browser, including placing an Order and establishing a telephone connection, may be associated with the need to incur costs of connecting to the Internet (data transfer fee) or costs of a telephone connection, in accordance with the tariff package of the service provider used by the Customer.
6. In matters not regulated in these Regulations, the generally applicable provisions of Polish law and other relevant provisions of generally applicable law shall apply.
7. In the event of a dispute arising from the concluded Sales Agreement, the parties will strive to resolve the dispute amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
8. The Seller reserves the right to change the content of these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are executed on the basis of the Regulations that were in force on the date of placing the order by the Customer. After the change, the new wording of the Regulations will be published on the website www.domkikoliber.pl with a new date.