Terms & Conditions

Online payment regulations in Homfi spółka z ograniczoną odpowiedzialnością and Homfi Rental Management spółka z ograniczoną odpowiedzialnością

Last updated on 12.02.2024.

§ 1.

1. The regulations (hereinafter referred to as the "Rules") was drawn up on the basis of the Act of August 19, 2011 on payment services and the Act of July 18, 2002 on the provision of electronic services. It is made available free of charge, in a way that allows its reproduction, copying and recording its content using an ICT system.
2. The Rules define the online payment regulations at Homfi Sp. z o.o. with its registered seat in Krakow (31-069), ul. Sukiennicza 8 / U8, KRS number: 0000943668, REGON: 363588638, NIP: 6762500448, e-mail: biuro@homfi.com, phone number: +48 12 345 21 30 and at Homfi Rental Management spółka z ograniczoną odpowiedzialnością with its registered seat in Kraków (31-069), ul. Sukiennicza 8/U8, KRS number: 0000580645, REGON: 36275426, NIP: 6762494570, e-mail: biuro@homfi.com, phone number: +48 12 345 21 30 (hereinafter referred to as "Homfi").

§ 2.

1. The entity providing the services described in the Rules is Autopay S.A. with its headquarters in Sopot (81-718), ul. Powstańców Warszawy 6, KRS number: 0000320590, REGON: 191781561, NIP: 5851351185, supervised by the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego) and entered into the register of national payment institutions under the number IP17 / 2013 (hereinafter referred to as "Autopay").
2. Each entity using the Services described in the Rules is recognized as a customer (hereinafter referred to as the "Customer").

§ 3.

1. Autopay provides the Customer with a payment service consisting in enabling the Customer to execute the submitted payment order by generating payment data (account number, recipient's name, title, amount) allowing for undeniable identification of the transaction (hereinafter referred to as the "Service").
2. Autopay is a payment service provider in accordance with the Act of August 19, 2011 on payment services. The service is provided electronically in accordance with the Act of July 18, 2002 on the provision of electronic services.
3. Autopay carries out payment transactions only in the Polish currency (PLN).
4. Form of payment: bank transfer.
5. Autopay performs the Service by the end of the next business day after submitting the payment order, from Monday to Friday, excluding public holidays, from 8 a.m. to 6 p.m.. The Customer can not revoke the payment order since it is received by Autopay.
6. If there is a need to return funds for a transaction made by the Customer with a bank transfer, the refund will be made by Homfi to the Customer's bank account.
7. The Service is free of charge.
8. To use the Service, it is necessary to have:
   • Internet access
   • e-mail address
   • an updated web browser
   • bank account.

§ 4.

The Customer may file a complaint against the provided Service within 30 days from the occurrence of the event - the basis to the complaint. Complaints may be submitted in writing and in person at Autopay's headquarters or via a postal operator or courier, electronically via the complaint form available at the web site: www.pomoc.autopay.pl or by phone: 58 7604 822 between 8 a.m. and 10 p.m. on business days and on Saturdays from 8 a.m. to 4 p.m. (connection payable according to the rates applicable to the telecommunications operator) or in person for the record at Autopay's office (from 8 a.m. to 4 p.m. on business days). The complaint should contain the Customer's data, case description, number and date of the transaction. The complaint shall be considered within 30 days from the date of its receipt.

§ 5.

1. Homfi and Autopay are not responsible for using the Service in a manner inconsistent with the law, decency or the Rules.
2. The Customer can not provide any illegal content.

§ 6.

1. The administrator of personal data provided by the Customer when using the Service is Autopay S.A. with headquarters in Sopot (81-718), ul. Powstańców Warszawy 6, KRS number: 0000320590, REGON: 191781561, NIP: 5851351185.
2. Detailed information on the processing of the Customer's personal data can be found in the Privacy Policy available at the web site: www.autopay.pl - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU) on data protection (hereinafter: "GDPR").
3. The purpose of processing the Customer's data provided by him in connection with making online payments is the completion of the Service. The basis for the processing of personal data in this case is: an agreement between the Customer and Autopay (Article 6 point (1) letter (b) of the GDPR), Autopay's legal obligation related to the accounting (Article 6 point (1) letter (c)) and by law legitimate interest of Autopay, consisting in the processing of data to establish, assert or defend any claims (Article 6 point (1) letter (f) of the GDPR).
4. The supply of personal data is voluntary but necessary for the provision of the Service.

§7.

1. The provision of Services by Autopay to the Customer is under condition of conclusion of the contract by accepting the Rules.
2. The contract is concluded for a definite period of time - performance of the Service.
3. A customer who has concluded a distance contract or a contract outside the business premises, is entitled to withdraw from it without giving any reason within 14 days, however, the full performance of the Service to the Customer results in the inability to withdraw from the contract.
4. The Rules enter into force on March 4, 2022.

I. [General Provisions]

1. The Organiser of the promotion under the name "Notariusz Gratis" (hereinafter referred to as "Promotion") is Homfi spółka z ograniczoną odpowiedzialnością with its registered seat in Kraków at Sukiennicza Str. 8/U8, 31-069 Kraków, entered into the Register of the Enterpreneurs kept by the District Court for Kraków – Śródmieście in Kraków, XI Commercial Division of the National Court Register under the KRS number 0000943668, conducting its business activity under the brands homfi and Private House Brokers (hereinafter referred to as "Organiser").
2. These regulations (hereinafter referred to as "Rules") set forth the principles and rules of participation in Promotion which are accepted by the participant upon accession to Promotion.
3. The Promotion is addressed to natural persons having full capacity to enter into legal transactions, having place of residence within the territory of the Republic of Poland and to natural persons conducting business activity and to legal entities with their registered seat within the territory of the Republic of Poland (hereinafter referred to as "Customer").
4. The Promotion comes into effect on January 1st, 2019 until the recall.

II. [Conditions of the Promotion]

1. To participate in the Promotion, the Customer is obliged to:
   • accept the Rules of the Promotion,
   • conclude Exclusive Property purchase agency agreement with the Organiser including the commission due to the Organiser in amount not lower than 3,69 % gross price used in the transactions in sale of the property,
   • decide to purchase the property through the Organiser by expressing the will and acceptation the terms and conditions of preliminary sales agreement of a property or its part, sales agreement of a property or its part, sales agreement of the cooperative right to a property or its part, sales agreement of an expectative right to a property, agreement for the assignment of rights and obligations under the development agreement or other agreement in a form of notarial deed, referred to this point of the Rules, with the seller presented to the Customer by the Organiser,
   • to conclude the agreement aforementioned in letter c. within the administrative territory of the cities: Kraków, Warszawa, Wrocław, Gdańsk, Poznań, Łódź, Lublin or Gliwice in the public notary office recommended by the Organiser.
2. The Customer, who fulfills the conditions aforementioned in point 1 of this article, shall be released from occurring the notarial fees for notarial activities, including preparation of copies of notarial deed (up to five copies). The remaining fees, including court fees in land and register mortgage proceedings, are excluded from the scope of the Promotion and the Customer shall cover them in full.
3. The Promotion shall not be combined with other promotional offers of the Organiser.

III. [Complaints]

1. The Customer is obliged to make the complaints referring to the Promotion via e-mail by sending a message to: biuro@homfi.com with a note "Promocja Notariusz Gratis".
2. The complaint shall include obligatorily: name, and surname of the Customer, his correspondence address and e-mail address as well as the exact description of the complaint reason and the requested mode of settlement of the matter by the Organiser.
3. The Customer shall be informed immediately in writing about the mode of settlement of the complaint by the Organiser, but not later than in 30 days from the date of filing the complaint.
4. The settlement of the complaint exhausts the complaint proceedings provided by the Organiser.
5. The complaint proceedings are voluntary and do not exclude any right of the Customer provided under current regulations of law, including seeking the rights in court proceedings.

IV. [Personal Data]

1. The administrator of the personal data of the Customers participating in the Promotion, in accordance with 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 (hereinafter referred to as "RODO"), is the Organiser.
2. The Customer is entitled to contact the Organiser on all the matters referring to processing of personal data including contact in order to execute his rights on this scope via e-mail: biuro@homfi.com or in writing to the address of the Organiser (his registered seat).
3. The personal data of the Customers filing the complaint will be processed in order to:
   • enable the Customer to participate in the Promotion – on the basis of fulfilling the agreement (article 6 section 1 item b RODO);
   • settle and respond the fled complaint – on the basis of legally grounded interest of the Organiser (article 6 section 1 item f RODO) consisting in necessity of processing personal data in order to settle and respond the complaint;
   • possibility to pursue or possible protection against the claims – on the basis of legally grounded interest of the Organiser consisting in enabling the Organiser to settle and pursue possible claims or to protect himself against such claims.
4. The personal data will be processed within the period which is necessary to the execution of the rights from the Promotion and within the period necessary to settle and respond to the complaint. The period of processing personal data may be extended each time by the limitation period of the claims in case the processing of personal data will be necessary to pursue the possible claims or protection against such claims by the Organiser.
5. Each Customer is entitled to request an access to the personal data and has the right to correct, remove or limit processing his personal data.
6. Each Customer is entitled to raise an objection against processing his personal data.
7. Each Customer is entitled to lodge a complaint to the proper supervisory authority competent for the matters related to personal data protection in the EU Member State of his residence, workplace or place of commitment presumed violation (in Poland: Prezes Urzędu Ochrony Danych Osobowych).

V. [Additional Provisions]

Each time within the Promotion period, the Organiser is entitled to exclude the Customer from participation in the Promotion in the event of developing reasonable suspicion of taking an actions contrary to the Rules as well as in the event of the grounds of participation in the Promotion, relating to the Customer, has expired, according to terms and conditions regulated in article 2 section 1 of the Rules.

VI. [Final provisions]

1. The Rules of the Promotion are public and will be made available to the Customer before participating in the Promotion and on his written request sent to the address of the Organiser. The Rules are available also in the seat of the Organiser and on his website: https://www.homfi.com/en/terms-and-conditions and https://www.privatehousebrokers.pl/en/terms-and-conditions/.
2. The Organiser reserves himself the right to introduct the amendments to the Rules and terms and conditions of the Promotion in case it is grounded by the purpose of the Promotion and will not cause deterioration of terms and conditions of participation in Promotion provided that the amendments do not infringe the rights acquired by the Customers participating in the Promotion until introduction of amendments to the Rules. The
3. Customers will be informed of the amendments to the Rules via note on the website aforementioned in section 1. In matters not covered by the Rules, the provisions of the law in force in Poland shall be applied.

I. Definitions

1. Phrases and expressions used in this document shall have the following meaning:
   • "Rules" - this document being the rules of providing services by electronic means;
   • "Supplier" - Homfi sp. z o.o. with its registered headquarters in Kraków, Sukiennicza Str. 8/U8, KRS number: 0000943668, tel. +48 12 345 21 30, e-mail: kontakt@homfi.com;
   • "Website" - set of logically ordered, connected to each other by the navigation and links, parts presented by the web browser under even electronic address www.homfi.com and https://www.privatehousebrokers.pl/
   • "User" - someone who uses the Website;
   • "User’s terminal device" - telecommunication terminal device defined in article 2 section 32 of the Act of 16th July 2004 Telecommunications Law used by the User;
   • "Cookie files" - computer data, especially text files stored on the User’s terminal device and destined to be used with the Website; cookie files contain e.g. Website address and the time of storage on the User’s terminal device.

II. General provisions

1. The Rules define the rights and obligations of the parties of the services by electronic means and were developed on the basis of the article 8 of the Act from 18th July 2002 of providing services by electronic means.
2. Acceptance of the Rules shall be treated as expressing the intent to enter into the agreement with the Supplier on the conditions laid down in the Rules.

III. Types and scope of providing services by electronic means

1. Services offered by the Supplier through the Website are:
   • reservation of the property from the Supplier’s offer intended for sale or lease,
   • design services,
   • home staging services.
2. In case the online payment is necessary regarding the Supplier’s services mentioned in section 1, it will be operated by Blue Media S.A. with its registered headquarter in Sopot (Online Payment Regulations).

IV. Conditions of providing services by electronic means

Technical requirements necessary to cooperate with the Supplier’s IT system:

1. To use the Website you will need:
   • a device with the Internet connection with installed and properly configured and up-to-date version of the Internet browser with properly positioned Cookie files service option;
   • active e-mail account in case of using some internet forms.
2. The Website places the Cookie files on the User’s terminal device (read more about cookie files in the Cookie files policy).

Prohibition of providing illegal content:

1. It is forbidden to provide by the User illegal content, especially offensive content or which may be misleading or infringes the rights of the third party or containing viruses or that may lead to damage or distractions of the IT systems.
2. The User is obliged to obey the prohibition of the abuse of the means of the electronic communication and not to provide to/by the Supplier’s IT systems content that causes malfunctioning or system overload.

Risks associated with providing services and data secure:

1. Systems used by the Supplier provide a high security and data protection standard. Information relating to User’s personal data processing you will find in the Privacy Policy.
2. Using services provided by the Supplier needs the usage of public website (Internet) which may be related to increased risk of dangers in connection with using the Internet. The User should be aware of that.
3. One of the risks mentioned above is the possibility of obtaining the access to the transmitted data or to the data stored on the computer by the unauthorized parties and interference in this data which may cause data loss or data change or prevent the use of services provided by the electronic means offered by the Website.

Costs of using the Website:

1. Costs of connecting the User with the Supplier’s Website are charged to the User according to the tariffs offered by the telecommunication operator who provides the User the possibility of using the Internet, including transmitting and receiving electronic data from the Website.
2. The User is not charged for any additional costs imposed by the Supplier regarding the use of the Website.

V. Conditions of concluding and terminating agreements on providing services by electronic means

1. The acceptance of the Rules shall be regarded as a will of concluding the agreement on providing services by electronic means.
2. The agreement is concluded after the Supplier confirms its terms and conditions.
3. The acceptance of the Rules may be expressed by the User clearly by submitting a statement on reading the Rules or implicitly if after reading the Rules the User continues using the Website and forms available on the Website. In case of doubt it is considered that the agreement on providing services by electronic means is concluded at the moment of writing by the User the Website address.
4. In case of leaving the Website by the User, the agreement on providing services by electronic means is not concluded.
5. The Supplier reserves the right to close the Website without explanation.

VI. Complaint procedure

1. The User may make a complaint if the services provided by electronic means are not performed by the Supplier or are performed contrary to the Rules.
2. The complaint shall contain:
   • personal data of the User,
   • subject of the complaint and related period of time,
   • circumstances that justify the complaint,
   • signature of the User - if the complaint is made in writing.
3. The complaints shall be made in writing and submitted at the reception desk at the Supplier’s headquarters or via e-mail: biuro@homfi.com immediately, no longer than within 14 days from the occurence of the accident being the basis of the complaint. If the complaint is made by the e-mail, it shall be sent from the e-mail address provided by the User in the registration form under pain of leaving without recognition.
4. The Supplier replies to the complaint via e-mail, to the e-mail address provided by the User or in writing, to the address provided by the User, within 14 days from receiving the complaint.
5. The Supplier may leave the complaint without recognition if:
   • the complaint is regarding the subject that is explained in the Rules or attachments. In this case the response to the complaint includes the referrence to the appropriate document,
   • the complaint is regarding the subject that was previously explained in the response to the User’s complaint. In this case the response to the complaint includes the refference to the appropriate correspondence,
   • the complaint was made by the third person who has no appropriate authority.
6. If the complaint does not fulfill the formal requirements stated above, the Supplier invites to complete the complaint within no longer than 7 days along with the instructions that if the complaint will not be completed during the indicated period of time, it will be left without recognition.
7. The Supplier will inform the User about leaving the complaint without the recognition.
8. The Supplier does not bear responsibility for incorrect data transmission, including those caused by breakdown of the IT systems, telecommunication systems or power supply systems, nor for the data transmission errors caused by the operator’s delay. The Supplier does not bear responsibility to the lack of the access to the Website for the reasons that are outside the Supplier’s control. In case of safety risk or need for carrying out technical changes on the Website the Supplier may block or suspend the accession to the Website, without prior notification to the User.
9. The Supplier does not bear responsibility to the damages occured in connection with using the Website, including the contact form, or with lack of possibility of using the Website by the User, or with interference, errors, lacks, defects, malfunctioning, data transmissions delays, computer viruses, line or IT system breakdown, or other activities of the Website, subject to the mandatory law provisions.
10. Above all the Supplier does not bear responsibility for using the Website, including the contact form, in the manner that is contradictory to the Rules, the provisions of law or its socio-economic purpose.

VII. Final provisions

1. The Supplier reserves the right to modify the Rules.
2. The Users will be informed about the modification of the Rules by electronic means and by providing on the Website the updated Rules.
3. Modifications of the Rules enter into force at the date specified in the information about the modification, not earlier than after 14 days from the date of informing about the modifications of the Rules.
4. The access to the current information about the modifications of the way and scope of services provided by the electronic means and to the information mentioned in article 6 of the Act on providing services by the electronic means, the Supplier will fulfill by the Website.
5. The applicable law for all legal relations arising from the Rules is Polish law.
6. Any disputes shall be resolved by the Polish court.

1. [General Provisions]

1. The Organiser of the promotion under the name "Certyfikat Energetyczny Gratis" (hereinafter referred to as the "Promotion") is Homfi spółka z ograniczoną odpowiedzialnością with its registered headquarters in Kraków, Sukiennicza Str. 8/U8, 31-069 Kraków, entered into the Register of the Enterpreneurs kept by the District Court for Kraków – Śródmieście in Kraków, XI Commercial Division of the National Court Register under the KRS number 0000943668, conducting its business activity under the brands homfi and Private House Brokers (hereinafter referred to as the "Organiser").
2. These regulations (hereinafter referred to as the "Rules") set forth the principles and rules of participation in Promotion which are accepted by the participant upon accession to Promotion.
3. The Promotion is addressed to natural persons having full capacity to enter into legal transactions, having place of residence within the territory of the Republic of Poland and to natural persons conducting business activity and to legal entities with their registered seat within the territory of the Republic of Poland (hereinafter referred to as the "Customer").
4. The "Energy Certificate" means the energy performance certificate referred to in the Act on the energy performance of buildings of August 29, 2014 (Dz. U. z 2024 poz. 101).
5. The Promotion comes into effect on the 5th April 2024 and is valid until further notice.
6. The Promotion applies to residential premises and single-family houses, but does not apply to large properties (over 500 m2), including buildings and building complexes.
7. The Promotion applies to the standard version of Energy Certificate and does not cover the reimbursement of costs associated with sending the paper (original) version of the Energy Certificate to the Customer via Poczta Polska or another postal operator. If the Customer selects additionally paid variants, e.g. express, only the amount of the standard variant will be discounted under the Promotion, and the Customer will be obliged to pay the difference between the chosen variant and the standard variant.

2. [Conditions of the Promotion]

1. To participate in the Promotion, the Customer is obliged to:
   1. accept the Rules of the Promotion,
   2. conclude with the Organiser:
      • exclusive real estate sales agency agreement including the commission due to the Organiser in the amount not lower than 3,69 % gross sell price of the property,
      • exclusive real estate lease agency agreement including the commission due to the Organiser in the amount not lower than 123 % gross of the gross rent price of the property,
      • exclusive property lease management agreement including the commission due to the Organiser in the amount not lower than 14 % gross of the gross rent price indicated in the property lease agreement plus VAT,
   3. place an order for the standard version of the Energy Certificate via the form on the website: https://www.homfi.com/uslugi/dla-ciebie/certyfikaty-energetyczne/zamow using the discount code received from the Organizer; The Organizer is not responsible for the correctness or truthfulness of the data entered by the Customer into the order form.
2. The Customer who fulfills the conditions aforementioned in point 1 of this article will receive an Energy Certificate for the property prepared at homfi's expense by an entity providing professional services in the field of preparing such certificates. The Promotion applies to the certificate in electronic version (pdf file). If it is necessary to obtain a paper version, additional fees apply for printing and shipping the document in accordance with the information provided above. order form. Other fees related to the conclusion of the real estate sale/rental agreement are not covered by the Promotion and are borne entirely by the Customer on his own.
3. The Promotion shall not be combined with other promotional offers of the Organiser.

3. [Complaints]

1. The Customer is obliged to make the complaints referring to the Promotion via e-mail by sending a message to: biuro@homfi.com with a note "Promocja Certyfikat Energetyczny Gratis - complaint".
2. The complaint shall include obligatorily: name, and surname of the Customer, his correspondence address and e-mail address as well as the exact description of the complaint reason and the requested mode of settlement of the matter by the Organiser.
3. The Customer shall be informed immediately in writing about the mode of settlement of the complaint by the Organiser, but not later than in 14 days from the date of the submitting of the complaint.
4. The consideration of the complaint exhausts the complaint procedure conducted by the Organiser.
5. The complaint procedure is voluntary and does not exclude the Customer's rights granted under applicable law, including the possibility of pursuing claims through court proceedings.

4. [Personal Data]

1. The controller of the personal data of the Customers participating in the Promotion, in accordance with 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 (hereinafter referred to as "GDPR"), is the Organiser.
2. The Customer is entitled to contact the Organiser on all the matters referring to processing of personal data including contact in order to execute his rights on this scope via e-mail: biuro@homfi.com or in writing to the address of the Organiser (his registered seat).
3. The personal data of the Customers filing the complaint will be processed in order to:
   1. enable the Customer to participate in the Promotion – on the basis of fulfilling the agreement (article 6 section 1 item b GDPR);
   2. settle and respond the fled complaint – on the basis of legally grounded interest of the Organiser (article 6 section 1 item f GDPR) consisting in necessity of processing personal data in order to settle and respond the complaint;
   3. possibility to pursue or possible protection against the claims – on the basis of legally grounded interest of the Organiser consisting in enabling the Organiser to settle and pursue possible claims or to protect himself against such claims.
4. The personal data will be processed within the period which is necessary to the execution of the rights from the Promotion and within the period necessary to settle and respond to the complaint. The period of processing personal data may be extended each time by the limitation period of the claims in case the processing of personal data will be necessary to pursue the possible claims or protection against such claims by the Organiser.
5. Each Customer is entitled to request an access to the personal data and has the right to correct, remove or limit processing his personal data.
6. Each Customer is entitled to raise an objection against processing his personal data.
7. Each Customer is entitled to lodge a complaint to the supervisory authority competent for the matters related to personal data protection - President of the Polish Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

5. [Additional Provisions]

1. Each time within the Promotion period, the Organiser is entitled to exclude the Customer from participation in the Promotion in the event of developing reasonable suspicion of taking an actions contrary to the Rules or the agreement referred to as article 2 section 1 b), as well as in the event of the grounds of participation in the Promotion, relating to the Customer, has expired, according to terms and conditions regulated in article 2 section 1 of the Rules.
2. If the agreement referred to in article 2 section 1 b) is terminated by the Customer for any reason or if the Customer withdraws from the real estate sale/rental agreement for any reason, he or she will be obliged to reimburse the Organizer for the costs of obtaining the Energy Certificate.

6. [Final provisions]

1. The Rules of the Promotion are public and will be made available to the Customer before participating in the Promotion and on his written request sent to the address of the Organiser. The Rules are available also in the seat of the Organiser and on his website: https://www.homfi.com/en/terms-and-conditions and https://www.privatehousebrokers.pl/en/terms-and-conditions/.
2. The Organiser reserves the right to change the conditions of the Promotion drawing the Promotion in case it is grounded by the purpose of the Promotion and will not cause deterioration of terms and conditions of participation in Promotion provided that the changes do not infringe the rights acquired by the Customers participating in the Promotion until introduction of the changes to the Rules. The Customers will be informed of the changes to the Rules by posting information on the Organizer's website, indicated in section. 1 above.
3. In matters not covered by the Rules, the provisions of the applicable Polish lawshall be applied.