§ 1. General provisions
1. These General Terms and Conditions of Sale, hereinafter the “GTC”, set out the rules for concluding and performing contracts for the sale of furniture offered by Hoom Maksymilian Robiński.
2. The Seller is: Hoom Maksymilian Robiński, registered address: ul. Młyńska 12, 61-730 Poznań, Poland, Tax ID (NIP): 7842455868, REGON: 362160453.
3. Address for correspondence, customer service and complaints: Hoom, ul. 23 Lutego 14/16, 61-742 Poznań, Poland, email: [email protected], phone: +48 537 848 555
4. These GTC form an integral part of the sales contract concluded with the Customer. Acceptance of the GTC is voluntary, but it is necessary to place and fulfil an Order.
§ 2. Subject of the contract and production specifics
1. All furniture, hereinafter the “Products”, is made each time to the Customer’s individual order, on a make-to-order basis. The Seller does not sell ready-made stock items, unless a given Product has been clearly marked as available immediately.
2. Each piece of furniture is made to the specification chosen by the Customer, in particular with regard to parameters such as model, dimensions, finish colour, edge type, finishing method and other features available in the Seller’s offer.
3. Given the multitude of possible combinations of Product features, each piece of furniture made is treated as a non-prefabricated item, manufactured to the consumer’s specification or serving to meet the consumer’s individual needs, within the meaning of Art. 38(3) of the Polish Consumer Rights Act.
4. Solid wood is a natural, hygroscopic material that naturally moves. Small micro-cracks, changes in structure, visible grain, natural discolouration, differences in grain, knots, porosity and the individual pattern of the wood are natural characteristics of the material. As long as they do not affect the durability, structural stability or proper use of the furniture, they do not constitute a defect of the Product.
5. Product photos, finish samples and visualisations presented by the Seller are for illustrative purposes only. Due to the natural properties of wood, the individual grain pattern, and differences in structure, shade, porosity and the way the wood absorbs oil or lacquer, the finished Product may differ from photos, samples or previous projects. These differences are a natural characteristic of the material and do not constitute a defect of the Product.
6. Due to manual production and the properties of solid wood, the actual external dimensions of the finished Product may differ by +/- 1.5 cm from the parameters given in the Order specification.
§ 3. Placing an order and concluding the contract
1. Information on the Seller’s website, in messages, catalogues, offers and information materials does not constitute an offer within the meaning of the Polish Civil Code, but an invitation to conclude a contract, unless the Seller expressly states otherwise.
2. An Order may be placed via:
a) the online store,
b) email,
c) phone,
d) text message (SMS),
e) another form of contact accepted by the Seller.
3. The sales contract is concluded when the Seller confirms acceptance of the Order for fulfilment and:
a) the deposit or the full price has been credited, or
b) the Seller has received confirmation that instalment financing has been granted.
4. The Customer is obliged to check the Order specification before confirming it, in particular the model, dimensions, colour, edge type, finishing method, contact details and delivery address.
5. Once the Order has been confirmed by the Customer and accepted for fulfilment by the Seller, the Product specification may be changed only with the Seller’s consent, provided that the stage of production allows changes to be made.
§ 4. Prices and payments
1. Prices given in the offer are gross prices. Delivery costs are shown separately, unless the offer expressly states otherwise.
2. Available payment methods:
a) split payment 50/50: 50% of the price when placing the Order and 50% before shipping, once completion of the Product has been confirmed with photos;
b) one-off payment: 100% of the price paid in advance;
c) 0% instalments or other external financing, if such an option is available at the time the Order is placed.
3. The Product remains the property of the Seller until the full sale price has been paid.
4. If the remaining part of the price is not paid by the agreed date, the Seller may withhold shipment of the Product until the amount due has been paid in full.
§ 5. Delivery and the Customer’s obligations
1. The Seller completes the Order and prepares it for shipping within up to 60 working days, counted from the day the payment or deposit is credited or the Seller receives confirmation that instalment financing has been granted. The standard lead time is about 45 working days, unless the Order confirmation states otherwise.
2. The lead time may change due to circumstances beyond the Seller’s control, in particular delays on the part of material suppliers or transport companies, random events or other circumstances affecting the production process. In such a case, the Seller will inform the Customer of the expected change of date.
3. Products are delivered by dedicated transport, by specialised courier or transport companies. The delivery service includes the driver’s help in carrying the furniture inside only if this option has been expressly specified in the Order.
4. The Customer should check the condition of the shipment upon receipt, in particular the condition of the packaging and any visible damage to the Product. If damage to the packaging or the Product is found, it is recommended to draw up a damage report in the presence of the driver, courier or carrier and to take photos. The absence of a report does not exclude the right to file a complaint, but it may affect the ability to establish how the damage occurred and the time needed to process the complaint.
5. To preserve the properties of natural wood, it is recommended to fully remove the foil and transport protection from the furniture within 7 days of delivery. Storing the Product in airtight packaging for a long time may lead to condensation damage, dampness, changes in the surface finish or deformation of the wood.
6. The Product should be used in conditions suitable for solid wood furniture, i.e. in dry, heated and ventilated rooms, at as stable a temperature as possible and at a recommended relative air humidity of 45–60%.
7. The Product should not be placed in the immediate vicinity of active heat sources, in particular fireplaces, stoves, radiators, warm air vents, air conditioners, heat recovery units or places strongly heated by the sun. This applies especially where the tabletop or another part of the furniture is heated on one side or is within range of noticeable heat radiation.
8. Solid wood is a hygroscopic material that naturally moves. Changes in humidity and temperature may cause small dimensional changes, micro-cracks, fine gaps, and changes in structure, shade or grain pattern, which do not constitute a defect of the Product as long as they do not affect its proper use and structural stability.
9. The Product should be cared for in accordance with the instructions for the use and care of solid wood furniture provided by the Seller. Damage resulting from improper use, storage or care of the Product, in particular resulting from exposure to excessive heat, too low or too high humidity, flooding, long-term storage in transport packaging, direct sunlight, mechanical damage or the use of unsuitable cleaning products, may affect the assessment of whether a complaint is justified.
§ 6. Right of withdrawal
1. Pursuant to Art. 38(3) of the Polish Consumer Rights Act, the Consumer does not have the right to withdraw from a distance contract where the subject of the performance is a non-prefabricated item, manufactured to the consumer’s specification or serving to meet the consumer’s individual needs.
2. Since the Products, in particular tables and other furniture, are made to individual order in the configuration chosen by the Customer from the available variants of dimensions, colours, finishes and other parameters, the Customer does not have the right to return such a Product without giving a reason.
3. The Consumer has the right to withdraw from the contract within 14 days only when buying ready-made goods that are not subject to configuration or a made-to-order production process, such as ready-made care products, accessories available immediately or other products clearly marked as ready-made.
4. The right of withdrawal does not exclude or limit the Consumer’s rights under the provisions on non-conformity of goods with the contract.
§ 7. Liability for conformity of goods with the contract
1. The Seller is liable to the Consumer for non-conformity of goods with the contract under the rules set out in Chapter 5a of the Polish Consumer Rights Act.
2. If non-conformity of goods with the contract is found, the Consumer is first entitled to request repair or replacement of the Product, in accordance with the applicable law.
3. Complaints should be sent to: [email protected].
4. A complaint should include the Customer’s details, the Order number or other data allowing the Order to be identified, a description of the non-conformity found and photos, if the nature of the complaint allows.
5. The Seller will respond to the complaint within 14 days of receiving it. Failure to respond within this period means that the complaint has been accepted.
6. For Customers who are not Consumers, the Seller’s liability under the statutory warranty (rękojmia) is fully excluded pursuant to Art. 558 § 1 of the Polish Civil Code.
§ 8. Commercial guarantee
1. Regardless of the statutory rights of the Consumer, the Seller provides a quality guarantee for its products:
a) 24 months — for Customers who are Consumers;
b) 12 months — for Customers who are not Consumers.
2. The guarantee covers the structural stability and the durability of the joinery connections.
3. The guarantee does not cover:
a) mechanical damage, in particular dents, scratches, indentations or cracks resulting from impact, overloading or improper use of the Product;
b) changes resulting from normal use and natural wear of the Product;
c) the natural movement of wood, including small dimensional changes, micro-cracks, fine gaps, and changes in structure, shade or grain pattern, as long as they do not affect the structural stability and proper use of the Product;
d) the effects of improper care, in particular the use of aggressive detergents, abrasives, solvents, alcohol-based products or excessive amounts of water;
e) damage resulting from using or storing the Product in conditions unsuitable for solid wood, in particular at too low or too high air humidity;
f) damage resulting from placing the Product in the immediate vicinity of active heat sources, in particular fireplaces, stoves, radiators, warm air vents, air conditioners, heat recovery units or places strongly heated by the sun;
g) marks caused by contact of the Product’s surface with high temperature, water, alcohol, grease, staining food products or other substances that may damage the surface finish;
h) damage resulting from flooding, dampness, excessive drying, long-term storage of the Product in transport packaging or use of the Product contrary to its intended purpose.
4. The commercial guarantee does not exclude, limit or suspend the Consumer’s rights under the provisions on non-conformity of goods with the contract.
§ 9. Personal data protection
1. The controller of Customers’ personal data is the Seller: Hoom Maksymilian Robiński, registered address: ul. Młyńska 12, 61-730 Poznań, Poland, Tax ID (NIP): 7842455868, REGON: 362160453.
2. Personal data are processed only for purposes necessary to:
a) conclude and perform the contract for the sale of the Products set out in the Order specification;
b) fulfil legal obligations, in particular issuing invoices and keeping accounting records;
c) establish, pursue or defend against claims.
3. The legal basis for processing personal data is Art. 6(1)(b), (c) and (f) GDPR.
4. Personal data will be stored for the period of Order fulfilment and for the period required by tax law and the limitation period for any claims.
5. The Customer has the right to access their data, to rectify, erase and restrict the processing of their data, the right to data portability and the right to object.
6. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office (UODO) in Poland.
7. Providing personal data, in particular name, surname, address, email address and phone number, is voluntary, but it is a condition for concluding and performing the contract. Failure to provide the data may make it impossible to fulfil the Order.
8. Detailed information on the processing of personal data may be made available in the Privacy Policy on the Seller’s website.
§ 10. Final provisions
1. Matters not governed by these GTC are subject to Polish law.
2. A Customer who is a Consumer may use out-of-court complaint and redress procedures. Detailed information about these procedures is available at the offices and on the websites of district or municipal consumer ombudsmen, the Voivodeship Inspectorates of Trade Inspection and at www.uokik.gov.pl.
3. Disputes with Customers who are not Consumers are settled by the court having local jurisdiction over the Seller’s registered office.
4. These GTC apply to Orders placed from the date of their publication or from the effective date indicated by the Seller.