General Terms and Conditions

General Terms of Use for the Dom Kamienia Platform and Privacy Policy for the website www.domkamienia.pl 

§ 1 General Provisions

1. The payment processor for https://domkamienia.pl is Dom Kamienia Sp. z o.o., registered in Warsaw.
2. The owner of the Dom Kamienia trademark and the Dom Kamienia e-commerce platform itself is Dom Kamienia Sp. z o.o. (hereinafter referred to as “Dom Kamienia”), registered in Warsaw at ul. Czerniakowska 145, apt. 1/B16, 00-453 Warsaw, KRS number 0000330789.

3. Access to and use of the Dom Kamienia closed platform are conditional upon registration and payment for a starter package that includes access to the database, in accordance with § 2

4. Declarations of intent and contracts made through Dom Kamienia are submitted/concluded directly and exclusively between specific customers/wholesalers located in Europe and are executed outside the platform. Dom Kamienia therefore serves solely to facilitate contacts and is not a party to the sales contract.

5. Upon registration, the customer accepts the General Terms and Conditions for using the platform with access to the database, as well as any amendments to the General Terms and Conditions of which the customer will be notified.

§ 2 Registration, Database Order, and Payment

1. A customer may register with Dom Kamienia by completing and submitting the registration form. Upon registration, the customer accepts the specific terms of the order and the General Terms and Conditions. Member registration and authorization to use the platform take effect upon receipt of payment.

2. Any claim for the conclusion of an order is excluded. Dom Kamienia reserves the right to refuse to grant access without providing reasons or to revoke access, in particular due to:

  a) providing false information during registration;

              b) doubts regarding the client’s authority and legal existence, as well as the use of the platform in connection with business activities, if such doubts are not immediately clarified at the client’s expense by presenting the relevant documents;

              c) doubts or suspicions regarding the client’s credibility and solvency;

  d) suspicion of conducting business dishonestly on the Dom Kamienia platform or engaging in activities that compete with the Dom Kamienia platform;

             e) violations of the Terms of Use or the General Terms and Conditions of Dom Kamienia.

3. If the customer is a natural person, they must be of legal age and possess full legal capacity.

4. A company or individual wishing to purchase access to the platform warrants that all information provided during registration is complete and accurate.

5. There is no legal entitlement to access the platform, as Dom Kamienia may exclude a customer during registration and at any time during the subscription period—for example, for security reasons and without providing a reason.

6. Dom Kamienia does not refund payments made for access to the platform. It is also not permitted to sell, resell, or transfer—whether for a fee or free of charge (in any form or manner)—access to the Dom Kamienia commercial platform to any entity or individual other than the one originally registered in the system. In the event of a violation of the above terms, the account will be deleted.

7. Dom Kamienia does not offer the option to downgrade a subscription from PREMIUM to STANDARD.

8.  Upon placing an order or purchasing a package, the Dom Kamienia system will automatically generate a pro forma invoice as confirmation of the order. The invoice is generated solely based on the data entered by the Customer at the time of registration.

§ 3 Access, User Identification, and Password

1. The Customer agrees to ensure that the username and password are protected from unauthorized access by third parties. In particular, the customer agrees not to disclose this information to persons who are not customers as defined in § 2, or who are not affiliated with the customer’s company (extended access rights).

2. Any unauthorized use of the username or password that the Customer becomes aware of or suspects based on factual circumstances must be reported to Dom Kamienia immediately. The customer is liable for any unauthorized use of their user identification data, unless they can demonstrate that the unauthorized use was caused by factors for which Dom Kamienia bears the risk.

3. Access to the platform may be temporarily blocked if an incorrect password is entered three times. In such a case, the user may use the built-in password reset feature or contact technical support at it@domkamienia.pl.

§ 4. Dom Kamienia

Platform Services 1. Dom Kamienia offers buyers various types of services as part of its diverse product range; these services are governed by the terms and conditions of the order or are subject to separate agreements.

2. Dom Kamienia reserves the right to modify the range of services provided as well as the features and appearance of the domkamienia.pl website at any time. 

3. The option to sell STANDARD or PREMIUM packages is an additional service activated at the user’s request, following successful verification of their business. Dom Kamienia reserves the right to refuse to activate the seller option without providing a reason. This service is not an integral part of STANDARD or PREMIUM accounts. The absence or refusal to activate the seller option, or its deactivation at any time, does not constitute grounds for a claim for a refund of the fee for access to the Dom Kamienia platform.

§ 5 Customer

Rights and Obligations 1. The customer shall bear all costs incurred as a result of connecting to or changing the method of Internet access, the costs of using the public Internet, and the costs of purchasing and maintaining the communication devices necessary to use the platform.

2. Each customer using the Dom Kamienia platform contacts sellers from the provided database independently, at their own expense and under their own responsibility. Dom Kamienia bears no liability whatsoever for the consequences of transactions—or the lack thereof—between the customer and sellers from the database.

3. Every Dom Kamienia customer registered as a business in the Dom Kamienia database and posting listings on the domkamienia.pl website declares that they are familiar with and unconditionally accept the rules for adding listings: https://domkamienia.pl/dolacz-do-gieldy/

4. Every Dom Kamienia customer registered as a business in the Dom Kamienia database and posting listings on the domkamienia.pl website declares that the goods they offer are not counterfeit and come from legitimate sources.

5. Each customer is responsible for correspondence exchanged with other users. Mass mailing of messages with the same or similar content, spam, and any other forms of bulk, unsolicited communication with users are prohibited. In cases of abuse, the customer’s account may be suspended.

6. The buyer has the right to leave the seller a positive, neutral, or negative review within 2 months of the transaction’s completion (counted from the date the seller issues the purchase invoice). One review may be left for each completed transaction. 

Resolution of a dispute by the seller does not mean that a negative review will be removed.
A negative review of the seller can only be removed at the buyer's request.

§ 6 Attribution of Declarations of Intent, Actions, and Statements

1. All declarations of intent made by a user on the Dom Kamienia online platform, transmitted to another user or accepted by another user, as well as all commercial actions and other statements or actions having legal significance (collectively, “actions”) are actions undertaken solely by the customer. Dom Kamienia does not act in this regard either on its own behalf or as a representative of a third party.

2. Dom Kamienia is not liable for performing dispositive acts to fulfill the obligation under a given transaction.

§ 7 Invoicing, Compensation

1. The claim for compensation for a specified period of time exists regardless of the use of the platform or any contractually agreed restrictions on the provision of services by Dom Kamienia. This applies in particular to restrictions on the provision of services that may result from incompatible or specific software settings of the customer or their internet service provider. The provision of services and access to the Dom Kamienia platform may be restricted, in particular, if the user is in default of payment of the subscription fee.

2. The customer declares that they consent to receiving invoices and related information from Dom Kamienia via email, in a printable PDF format, and that they will make every effort to ensure that Dom Kamienia always has their current email address on file, at which they can be contacted. The rules for issuing and receiving invoices using the National e-Invoice System (KSeF) are available at: https://domkamienia.pl/zasady-wystawiana-i-otrzymywania-faktur/

§ 8 Data

Processing, Storage, and Transmission 1. Personal data provided by the Customer on the Dom Kamienia platform is processed in accordance with applicable laws and in accordance with the Privacy Policy https://domkamienia.pl/polityka-prywatnosci

2. Upon signing up and registering on the Dom Kamienia platform, you, as a customer, consent to the storage and processing of your personal and commercial data, as well as internal email correspondence, if such data was collected for the platform’s commercial purposes, and archiving is necessary for documentation and security purposes.

3. Dom Kamienia is specifically authorized to use your data and email address as follows:

  a) to process them as part of the services provided by the Dom Kamienia platform.

            b) sending invoices for access to the database and information to and from Dom Kamienia, during the term of the subscription and immediately after its expiration, until such time as you revoke this authorization.

           c) to transfer them to authorized entities as part of statutory

  obligations d)disclosing such data to third parties—public institutions—in all cases where this is based on a legitimate interest of the Dom Kamienia portal arising from the user’s activities on the portal. The customer grants any necessary consent to the above by accepting these specific terms and conditions and using the Dom Kamienia platform.

4. Personal data of other Users is disclosed to Users of the Dom Kamienia platform only in the cases provided for in the Terms of Service for purposes related to the execution of Transactions, and in other cases, with the prior consent of the data subject.

5. Users of the Dom Kamienia platform are prohibited from disclosing to third parties any information regarding other Users that they have obtained in connection with their use of the Dom Kamienia platform, unless such disclosure is necessary to carry out a Transaction.   In particular, it is prohibited to use such information for commercial purposes, specifically to promote, in any form, the User’s business activities conducted outside of Dom Kamienia, i.e.:

a) making offers to buy or sell Goods outside the Dom Kamienia platform;

b) attaching to shipped Goods or providing in any other form content containing information about commercial activities conducted outside of Dom Kamienia (for example, flyers advertising an online store);

c) creating accounts for Users in online stores.

6. In the event of a breach of paragraph 5 above attributable to the User, the User shall be obligated to pay Dom Kamienia a contractual penalty equal to ten times the registration fee in effect on the date of the User’s registration, for each instance. Dom Kamienia reserves the right to claim damages in excess of the stipulated contractual penalty.

§ 9 Disclaimer of Warranty

Dom Kamienia’s liability is limited as follows with respect to any information, declarations of intent, agreements between third parties, and inquiries regarding goods and services provided through the Dom Kamienia portal:

1. Dom Kamienia is not liable for agreements concluded between individual customers and wholesalers or for the information provided.

2. Any liability of Dom Kamienia for goods and services provided to the buyer by the seller is excluded. In particular, Dom Kamienia assumes no liability for the accuracy and completeness of data and statements provided by the buyer or a wholesaler from the database, for the quality and fitness for use of the goods and services to be delivered, or for their suitability for the purpose specified by the buyer; for any infringement of third-party rights by the delivered goods and services; and for the existence, credibility, and solvency of customers.

3. Dom Kamienia cannot exclude with absolute certainty that the person identified as the buyer or wholesaler in declarations of intent submitted or accepted via the Dom Kamienia platform actually exists. The actual authorship of a given declaration of intent therefore remains uncertain. A customer making or accepting an offer therefore acts at their own risk regarding the existence of the contracting party.

4. Dom Kamienia also cannot rule out with absolute certainty that a password will fall into the hands of a person not authorized by the customer to make declarations of intent. This risk is also borne solely by the customer. Dom Kamienia’s liability as an agent acting without authority is excluded, except in cases of willful misconduct or gross negligence.

5. Any complaints must be submitted within 7 days of the date the customer gains access to the platform. Complaints may be filed solely regarding the up-to-date status of the database and the records it contains (with complete data) if more than 3% of the addresses are out of date. We do not accept complaints regarding the absence or temporary unavailability of products on www.domkamienia.pl, nor regarding phone numbers or email addresses. To file a complaint, please send a message to: kontakt@domkamienia.pl. Complaints are processed within 10 business days from the date of receipt. The date the customer sends the message is considered the date the complaint is received.

6. All products and their descriptions found on the website www.domkamienia.pl are for informational purposes only and do not constitute an offer within the meaning of the Civil Code. We do not guarantee and are not liable for the availability of products on the domkamienia.pl website. We reserve the right to errors in translation.

§ 10 Disclaimer of Liability

1. Dom Kamienia is not liable if the Dom Kamienia platform is temporarily unavailable to the customer—in particular due to maintenance work— is temporarily unavailable to the customer, provided that the total downtime does not exceed 5% of a calendar year and that longer periods of unavailability are not caused by willful misconduct or gross negligence.

2. Dom Kamienia is not liable for the accuracy and/or completeness of information, advice, and recommendations posted on Dom Kamienia’s websites by customers, nor for the information, advice, and recommendations from wholesalers in the database accessible via Dom Kamienia’s websites.

3. Dom Kamienia specifically disclaims any association with the content of web links related to its offerings, their content, and their authors, and is not liable for the content, transactions, or damages resulting from the use of such links.

4. Dom Kamienia is not liable for any damages arising from malfunctions or errors in the software or hardware used, or, in particular, from technical malfunctions on the Internet. In particular, Dom Kamienia assumes no liability, regardless of fault, for damages resulting from a lack of Internet access or from the failure of the Internet to function properly, as a result of the use of software or hardware while accessing the Dom Kamienia website, or as a result of the incorrect or defective performance of contractual obligations due to technical problems with software, hardware, or the Internet. This applies in particular to limitations in the performance of services that may result from incompatibility or from the specific parameters of the customer’s software or their Internet service provider.

5. Dom Kamienia is not liable for damages resulting from an unintentional breach of a minor contractual obligation. This also applies to an unintentional breach of a minor obligation during negotiations and to statutory liability arising from unintentional acts.

6. In the event of liability, except in cases of intentional conduct, the obligation to pay damages is limited to typical and foreseeable damages, and in any case only up to the amount of average damages.

7. Dom Kamienia assumes no liability for the overall content of third-party websites, in particular online stores, to which links are provided directly or indirectly on the Dom Kamienia platform.

8. The above limitations of liability also apply accordingly to legal representatives, employees, and third parties engaged by Dom Kamienia to perform its services.

9. Dom Kamienia emphasizes that the buyer and the seller may obtain insurance against potential damages.

10. All names and trademarks used on this website are registered trademarks of their respective owners and are used solely for identification purposes.

§ 11 Jurisdiction, Governing Law

1. This order is governed by Polish law. The parties declare that they are business entities and are entering into this agreement for a purpose directly related to their business and professional activities. Accordingly, consumer protection provisions, including those regarding the right to withdraw from a distance contract, do not apply to this contract.

2. The court with jurisdiction to resolve disputes arising from contracts and orders concluded under these terms and conditions is the common court having territorial jurisdiction over the Capital City of Warsaw and over the registered office of Dom Kamienia. Dom Kamienia also has the right to file lawsuits in the court having jurisdiction over the customer’s place of residence.

§ 12 Final

Provisions 1. The incorporation of the customer’s general terms and conditions into contracts or orders is not permitted.

2. If individual provisions of this contract/order are legally invalid in whole or in part, or if they become invalid in the future, this shall not affect the validity of the remainder of the contract/order.

3. The parties agree to replace any legally invalid provision with a legally valid provision that, in economic terms, most closely approximates the invalid provision.