Terms and Conditions

Terms and Conditions of the website www.kbprojekt.pl

§ 1 General Provisions

The online store KB Projekt, operating at www.kbprojekt.pl, is run by Krzysztof Budziakowski KB Projekt Kancelaria Obsługi Inwestycji, located at ul. Cystersów 7B 31-553 Kraków, NIP 6780050725

These Terms and Conditions define the rules and conditions for using the blog, forum, classifieds, newsletter, folder, ordering designs, and all other functionalities and materials available on the website www.kbprojekt.pl. The provisions of the Terms and Conditions, together with the laws in force in the territory of the Republic of Poland, define the rights and obligations of the Users of the Website, as well as the rights, obligations, and scope of responsibility of the entities entitled to operate and administer the services provided through www.kbprojekt.pl. All Users of the website are required to read and accept all provisions of the Terms and Conditions.

§ 2 Definitions

The terms used in the Terms and Conditions shall be understood as follows:
Terms and Conditions – a document that defines the rights and obligations of Users and the Administrator of www.kbprojekt.pl
Website – the website available at www.kbprojekt.pl along with all its subdomains, presenting the offer of the KB Projekt architectural office as well as a range of content directed to Users, including all functionalities such as the blog, forum, classifieds service, newsletter.
Administrator – the entity managing and operating the website www.kbprojekt.pl
User – an adult natural person or legal entity with full legal capacity who, by accepting the Terms and Conditions and registering or using any service not requiring registration, has gained access to the services offered by the Website.
Architectural and construction design – documentation prepared in accordance with the applicable Construction Law regulations as of the date of preparation, to the extent necessary to obtain a building permit.
Technical design – documentation prepared in accordance with the applicable Construction Law regulations as of the date of preparation, to the extent necessary for carrying out construction works.
Installment sale – understood in the Website as the possibility of purchasing the architectural and construction design first, and at any later time, the technical design.
Account Database – a collection of data, information, and other content provided by Users to www.kbprojekt.pl, which, with the Users’ consent, is collected and processed in an organized manner in the IT system for the purposes of services provided by the Website.
Account – a space available to a given User in the Website, through which, after logging in (using login and password), the User enters data, descriptions, photos, information, and other content and manages them.
Agreement – an agreement concluded between the User and the Administrator for the provision of services that constitute the purpose of the Website. The moment of concluding the Agreement is the acceptance of the Terms and Conditions, expressed by using at least one of the available services or functionalities by the User.

§ 3 Participation in the Website

1. Creating an Account and participating in the Website is voluntary and free of charge.
2. The registration procedure and creation of an Account takes place by completing the registration form and accepting the Terms and Conditions.
3. Acceptance of the Terms and Conditions is equivalent to the User’s declaration that:
1. they have read the Terms and Conditions and accept all its provisions,
2. they agree to receive system information, messages from the Administrator, and information about difficulties, changes, or technical interruptions in the operation of the Website,
3. all content, including photos and personal data, posted by them on the Website is true and does not violate any copyrights or personal rights. The User also declares that they have obtained the consent of other persons for posting content depicting or relating to those persons.
4. the User agrees not to transmit any advertising or commercial information through the Website.
4. By concluding the Agreement with the Administrator, the User undertakes in particular to:
1. respect the Administrator’s and other persons’ copyrights and rights arising from the registration of inventions, patents, trademarks, utility models, and industrial designs,
2. refrain from any actions that would violate the privacy of other Users, especially collecting, processing, and disseminating information about other Users without their explicit consent, except when such actions are in accordance with the law and these Terms and Conditions,
3. not undertake any actions harmful to the Administrator, Users, or other persons.
5. The User has the right to use additional services provided by KB Projekt in cooperation with other entities. The User’s request to use such services is equivalent to granting consent and authorizing KB Projekt to transfer the necessary personal data to the entities cooperating with KB Projekt within the scope of the given service.

§ 4 Rules of Using the Website

1. The User may place an order through the Website for any architectural and construction design or technical design, or both types of designs.
2. The date of placing an order is considered the date on which the payment for the design or design service is credited to the KB Projekt account.
3. Payments for house designs may be made by bank transfer or upon delivery, while payments for commercial building designs may be made only by bank transfer.
4. The website www.kbprojekt.pl allows Users to create accounts and use a range of services: creating and using discussion forums, newsletter, browsing the website content, ordering designs, contacting the Administrator, and more.
5. Sharing one’s Account with third parties or using Accounts belonging to other Users is prohibited.
6. Actions that may hinder or disrupt the operation of the Website, as well as actions involving destruction, modification, deletion, damage, or hindering access to other Users’ Accounts, are prohibited.
7. User actions aimed at harmful interference with the functioning of the Website constitute a prohibited act under applicable law, and the Administrator is entitled to take appropriate actions, including those aimed at repairing the damage incurred.
8. If content constituting a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws 2006 No. 90, item 631 as amended) is posted on the Website, the User waives all claims against the Administrator in the event of its free use and copying for purposes related to the operation of the Website, as well as its removal.
9. It is prohibited to use the Website in a manner inconsistent with its purpose, and in particular it is forbidden to provide unlawful content. It is especially prohibited to publish information, content, and photos:
1. of an erotic or pornographic nature,
2. violating Polish or international legal and moral standards,
3. violating good manners or morality,
4. containing vulgarities or commonly considered offensive words,
5. depicting or promoting violence, hatred, discrimination (racial, cultural, ethnic, religious, etc.),
6. violating privacy, personal rights, or insulting the dignity of other Users or persons.

§ 5 Payment Processing

The entity providing online payment processing for fast transfers is Autopay S.A.

§ 6 Conditions for Termination of the Agreement

1. Acceptance of the Terms and Conditions and activation of the Account or use of a functionality not requiring an Account is equivalent to concluding an indefinite Agreement for the provision of electronic services between the User and the Administrator.
2. Each Party to the Agreement may terminate it with immediate effect and without giving a reason.
3. Termination of the Agreement by the Administrator may occur in the event of gross violation of the Terms and Conditions.
4. The Administrator reserves the right to refuse publication and to moderate information, content, and photos provided by the User during registration, Account use, or use of other services, in the event of violation of these Terms and Conditions.
5. Individual clients of our office (consumers within the meaning of the Civil Code of 23.04.1964) who concluded a distance contract have the right to withdraw from it within 14 days without giving a reason and return the design. In accordance with the Copyright Act (Journal of Laws 2022 item 2509), our intellectual property—designs—is protected with seals to prevent copying. Therefore, we do not accept returns of designs whose seals have been broken in a way that allows copying, especially designs with damaged security tape or showing any signs of use, damage, destruction, or incomplete sets. KB Projekt will refund payments including delivery costs, except for additional costs resulting from a delivery method chosen by the client other than the cheapest standard method available. Clients purchasing a commercial design for business purposes are not consumers under the above Act and are not entitled to return the design.
6. For custom-made designs, pursuant to Article 38 of the Consumer Rights Act, the client is not entitled to return the design.
7. Rules for exchanging a house design for another:
• the handling fee for exchanging a design is 450 PLN
• the client must pay the price difference (if exchanging a more expensive design for a cheaper one, the difference is not refunded)
• the exchange period is up to 6 months from the purchase date
• the design must be sent back to our office in Kraków along with information about which design it should be exchanged for.

§ 7 Administrator’s Rights and Responsibilities

1. The Administrator, as the owner and operator of the portal, undertakes to make every effort to ensure the highest quality of services provided to Users.
2. The Administrator is not responsible for content and photos provided and published by Users, for their truthfulness, reliability, or authenticity, even in the event of claims made by other persons or entities. Content posted by Users does not represent the views or opinions of the Website creators.
3. The Administrator is not responsible for downloading photos from the Website and posting them on other websites or using them in any other way by third parties.
4. The Administrator is not responsible for claims made by third parties or other Users related to the publication of photos or personal images of those persons. Responsibility lies solely with the User who posted the disputed photo or image.
5. The Administrator is not responsible for disruptions in the functioning of the portal caused by force majeure, failure, or unauthorized interference by Users or third parties, even in the event of data loss.
6. The Administrator reserves the right to temporarily disable the Website, in whole or in part, for improvement, adding services, or maintenance.

§ 8 Personal Data Protection

1. The User, in accordance with Article 32(5) of the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws 2002 No. 101, item 926 as amended), has the right to access their personal data contained in the database, but not more often than once every 6 months. The Administrator may provide such information more frequently, but all related costs shall be covered by the User.
2. Each User has the right to correct, update, or request cessation of processing of their personal data by deleting them from the Account Database.
3. The User declares that they consent to the processing of personal data provided voluntarily on the Account by the Administrator.
4. The Administrator of personal data shall take special care to protect the interests of Users, in particular by:
1. processing personal data provided by the User in accordance with the law,
2. collecting data for specified, lawful purposes and not processing them further in a manner incompatible with those purposes,
3. processing data in a substantively correct manner and adequate to the purposes,
4. storing data in a form that allows identification of the persons concerned no longer than necessary to achieve the processing purpose.
5. The User undertakes to provide truthful personal data in the registration form.
6. The Administrator will not disclose information or data about Users to any third parties other than as required by the purpose of the Website and the scope of granted consent and declarations. However, the Administrator is entitled to disclose personal data to entities authorized under applicable law.
7. The Account Database of www.kbprojekt.pl is legally protected.
8. Data of Users redirected to our website from banners placed on partner websites and entered in the project order form are sent both to KB Projekt (for order processing) and to the respective partner through whom the order was obtained.

§ 9 Cookies

1. The website uses Cookies.
2. Their use aims to make the Website easier and more practical to use.
3. The User may change Cookie settings at any time by adjusting their browser settings.
4. Cookies are also used in the partner program. They store information about Users redirected to our website from partner banners and enable monitoring of online orders placed for our designs.

§ 10 Final Provisions

1. All comments, inquiries, information, and complaints regarding the Website and its services may be directed to the Administrator at the email address kontakt@kbprojekt.pl.
2. The Terms and Conditions along with attachments are available on the Website.
3. The Administrator reserves the right to unilaterally amend the Terms and Conditions at any time without providing justification. In the event of changes, the Administrator will promptly inform registered Users via email and by publishing the consolidated text on the Website.
4. The Terms and Conditions enter into force on the date of publication on the Website.