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TERMS AND CONDITIONS OF ELECTRONIC SERVICE PROVISION

1. GENERAL PROVISIONS

1. This document regulates the rights and obligations of the Service Provider and the Users (as defined in Article 2 below).

2. Use of the Website (as defined in Article 2 below) signifies that the User has read the Terms and Conditions, agrees to its provisions, and undertakes to comply therewith.

3. The current Terms and Conditions are available on the Website in PDF format. The User may access, reproduce, and store the content of the Terms and Conditions via the internet on any device supporting such access.

4. In all matters relating to the Terms and Conditions and the Service provision, the User may contact VTS via:

  • e-mail: office@homer-ventilation.com
  • in writing at the Service Provider’s correspondence address indicated in Article 2 below.

2. DEFINITIONS

The terms used in this document with a capital letter shall have the following meanings:

Website: the website made available by the Service Provider for use via an internet browser, accessible online at www.homer-ventilation.com enabling the use of Services.

Personal Data: information provided by the User, collected by the Service Provider in the course of using the Service, constituting personal data within the meaning of 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 (General Data Protection Regulation).

Privacy Policy: document available on the Website at https://homer-ventilation.com/pl/polityka-prywatnosci.

Technical break: a temporary suspension of the functionality of the Website, in whole or in part, due to a failure of the Website, including its servers, or due to the need for maintenance of such servers, or modernisation or reconstruction of the Website, during which the use of all or selected Services is not possible.

Terms and Conditions: these Terms and Conditions, made available to the User in accordance with Article 1(3) above.

Device: an electronic device enabling access to the Website, in particular a personal computer (PC), laptop, Mac computer, smartphone, tablet, or other mobile device, operating on a system allowing the use of an internet browser and access to the Internet.

Selection Programme: a functionality available within the Website enabling Users to make a preliminary selection of ventilation devices manufactured or offered by the Service Provider, tailored to their needs, based on relevant data entered by Users.

Services: all functionalities of the Website made available to the User by the Service Provider, in particular the services described in Article 3 of the Terms and Conditions, constituting electronic services within the meaning of the Act of 18 July 2002 on the electronic service provision.

Service Provider or VTS: VTS PLANT sp. z o.o., with its registered office in Gdańsk (Aleja Grunwaldzka 472A, 80-309 Gdańsk), entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Gdańsk– Północ in Gdańsk, 7th Commercial Division of the National Court Register, under the KRS number: 0000144190, NIP: 8441766497, REGON: 79030602300000, share capital of PLN 1 573 500,00; e-mail address: office@homer-ventilation.com.

User: any person using the Website.

3. SERVICES

1. The Services are addressed to all Users of the Website.

2. Access to the Services does not require the User to create an account or profile on the Website.

3. The Service Provider provides Services within the territory of the European Union.

4. The following Services are available through the Website:

  • a. using the Selection Programme by entering data concerning the climate zone, premises characteristics, and surface area,
  • b. downloading the product catalogue,
  • c. downloading technical documentation,
  • d. redirecting via link to mobile app stores to enable downloading of the HOMER Connect application,
  • e. sending a quotation request to one of the Service Provider’s sales representatives,
  • f. downloading informational and promotional materials provided by the Service Provider in PDF format and various languages,
  • g. completing and submitting a service form,
  • h. completing and submitting a contact form,
  • i. accessing the Service Provider’s contact information.

4. RULES FOR THE USE OF SERVICES

Technical requirements

1. The User must meet the following technical requirements for full and proper use of the Website:

  • a. use of a Device with Internet access, operating on systems such as Windows, MacOS, Chrome OS, Linux, iOS, Android, and other systems enabling full access to browser functionalities,
  • b. use of the current version of an internet browser: Google Chrome, Mozilla Firefox, Safari, Opera, Microsoft Edge.

Use of Services

2. Commencement of use of the Website, including use of any Services available therein, constitutes the conclusion by the User of an agreement for the electronic service provision with the Service Provider under the conditions specified in these Terms and Conditions and acceptance of their provisions.

3. The Service Provider provides Services free of charge.

4. Use of the Website is voluntary and may be terminated by the User at any time by ceasing to use its functionalities.

5. The agreement for the electronic service provision is concluded for the duration of the User’s use of the Website and the Services available therein. Such agreement expires upon termination of use of the Website and Services.

6. The Service Provider reserves the right to terminate the provision of Services available on the Website at any time, without prior notice to Users, provided that this does not infringe acquired rights of Users, in particular the right to use materials already made available or downloaded in accordance with the Terms and Conditions.

7. The User is obliged to use the Services in a manner consistent with their intended purpose, the Terms and Conditions, and applicable law. In particular, the following actions are prohibited:

  • a. providing illegal content;
  • b. modifying, circumventing, removing or attempting to circumvent any technical safeguards used in the Website to protect intellectual property rights, data integrity or system security,
  • c. engaging in any reverse engineering, including decompilation, disassembly, reconstruction of source code, or analysis of the structure or logic of the software comprising the Services. Translation, adaptation, modification, alteration of source code, or any other interference with the software comprising the Services is also prohibited,
  • d. adding, removing, or modifying functionalities or effects of the software comprising the Services by falsifying or interfering with instructions or data during its operation. This prohibition also applies to the use and public dissemination of software or methods intended for such purposes.
  • e. using the software comprising the Services for activities that may threaten the security of networks, IT systems, or data.
  • f. The Website and software comprising the Services are subject to the Service Provider’s proprietary copyrights.

5. PERSONAL DATA

The Service Provider is the controller of the Personal Data of Website Users. Information regarding the Personal Data processing is available in the Privacy Policy.

6. LIABILITY OF THE SERVICE PROVIDER

1. The Service Provider undertakes to ensure the highest quality of Services provided through the Website.

2. The Service Provider shall make every effort to ensure the proper and uninterrupted operation of the Website; however, Website malfunctions and technical errors may occur. In all such cases, the Service Provider will endeavor to minimize the negative impact of any technical problems to the greatest extent possible.

3. To develop the Website and reduce the risk of failures, periodic Maintenance Breaks are necessary, during which appropriate changes are introduced into the IT system. The Service Provider strives to ensure that Maintenance Breaks are not burdensome for Users. Where possible, such breaks will occur at night.

The Service Provider's liability related to the provision of digital content and digital services

4. The Service Provider provides digital content and digital services to Users who are consumers. These are delivered immediately upon commencement of use of the Website, in accordance with the agreement concluded with the User, particularly regarding functionality, availability, and suitability for the intended purpose.

5. A User who is a consumer has the right to receive digital content and digital services compliant with the agreement and to exercise rights provided under Chapter 5b of the Consumer Rights Act of 30 May 2014.

6. The digital service of the Selection Programme is a tool enabling the User to familiarise themselves with VTS’s product offer and make an approximate selection of a ventilation equipment. The final selection of a ventilation equipment requires verification by a qualified specialist in each case. The Service Provider does not guarantee that the results generated by the Selection Programme will fully correspond to the actual technical conditions of the facility and design requirements, and is not responsible for the consequences arising from the improper selection of a ventilation equipment made by the User using the Selection Programme.

Complaints concerning the Website

7. Any complaints regarding the functioning of the Website, unavailability or problems with the Services may be submitted by the User electronically to the following address: support@homer-ventilation.com.

8. In the complaint, the User should indicate its subject, in particular describe the Service concerned, as well as the circumstances justifying the complaint, and provide contact details in the form of an e-mail address.

9. Complaints shall be reviewed by the Service Provider within 14 (fourteen) days from the date of receipt. On the date of receipt of the complaint, the Service Provider shall confirm its receipt to the User by return e-mail.

10. The User shall be notified of the manner in which the complaint has been resolved by e-mail, sent to the e-mail address from which the complaint was submitted.

7. INFORMATION ON RISKS

1. The Service Provider informs that the use of the Services may involve typical risks associated with the Internet, such as the possibility of malicious software (e.g. viruses, worms, Trojan horses), and the possibility of third-party interference with data transmission.

2. To mitigate such risks, Users are advised to use up-to-date antivirus software, firewalls, and to regularly update their operating system and web browser.

8. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

VTS reserves the right to assign all or part of its rights and obligations arising from the Terms and Conditions and the Service Agreement to a third party (including an entity affiliated with VTS), in particular in the event of restructuring, merger, acquisition, or sale of VTS’s business or an organized part thereof. Such assignment may not result in a deterioration of the User’s legal position, and in particular may not limit the User’s rights arising from the Terms and Conditions or applicable law.

9. APPLICABLE LAW AND DISPUTE RESOLUTION

1. These Terms and Conditions and any Service Agreements concluded on their basis shall be governed by and construed in accordance with the laws of the Republic of Poland.

2. The applicable law for the agreement under the conditions specified in the Terms and Conditions is Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Journal of Laws 97.45.286). In the case of Users who are consumers, the above choice of law does not exclude the protection granted to Users under mandatory provisions of the law of the country in which the User has their habitual residence. Any disputes between the Service Provider and a User who is not a consumer, concerning the Website, including those related to the Services, shall be resolved on a non-exclusive basis by Polish common courts competent according to the registered office of the Service Provider.

3. A User who is a consumer has the possibility to use out-of-court methods of complaint handling and claim settlement before the Permanent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection. Information on how to access the above mode and procedures for dispute resolution can be found at the following address: http://www.uokik.gov.pl, in the tab “Consumer dispute resolution.” All of the above out-of-court dispute resolution methods are voluntary and require the consent of both parties to the dispute.

10. AMENDMENT OF THE TERMS AND CONDITIONS

1. The Service Provider shall have the right to amend the Terms and Conditions in the event of at least one of the following circumstances:

  • a. a change in the legal provisions governing the electronic service provision that materially affects the mutual rights and obligations of the Service Provider and the User, or a change in the interpretation of such provisions as a result of court judgements, decisions, or recommendations of competent authorities,
  • b. a change in the scope of the Services covered by the Terms and Conditions, through the introduction of new functionalities or Services, modification, or withdrawal of existing functionalities or Services,
  • c. a change in the manner of providing the Services caused by technical or technological considerations related to the functioning of the Website.

2. These Terms and Conditions shall enter into force on 28/11/2025.