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The Rules of the Promotion "Notariusz Gratis"

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 in the form of a notarial fee for the preliminary sales agreement or sales agreement, including preparation of copies of notarial deed (up to five copies). Other fees, including the fee for establishing property rights (e.g. mortgage) or court costs in land and mortgage register proceedings, are not covered by the Promotion and are borne by the Customer 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.