Terms of Service
These Terms of Service are provided in English for the convenience of non-Polish-speaking customers. The Polish-language version is the legally binding original; in case of any discrepancy, the Polish version prevails. Agreements concluded through the Portal are governed by Polish law (see §15).
§1 General provisions
These terms of service (the Terms) set out the rules for using the portal offering ready-made architectural designs operated under the Penthus brand, available at penthus.pl (the Portal or Store).
The Portal is operated by JMDomaradzki & Co Sp. z o.o., with its registered office at Śliczna 12a/17, 31-444 Kraków, Poland, entered in the National Court Register (KRS) under number 0000839997, NIP 6793199240, REGON 386013584 (the Seller or Service Provider). Penthus is a trade name under which the Seller sells through the Portal — all agreements and sales documents (including invoices) are issued by the Seller.
These Terms are addressed to both consumers and businesses using the Portal, unless a given provision or its placement indicates that it is addressed exclusively to one of these groups.
§2 Definitions
Customer — any entity placing an Order through the Portal, including a Consumer.
Consumer — a natural person entering into an agreement with the Seller that is not directly related to their business or professional activity, within the meaning of Article 22(1) of the Polish Civil Code.
Account — an individual Customer account on the Portal, created voluntarily, providing access to, among other things, Order history and the purchase of the Documentation Package.
Project — a ready-made architectural design for a single-family building available in the Portal's offer, comprising design documentation in printed form shipped to the Customer by courier.
Mirror version — a mirror-image variant of a given Project, treated as a separate offer item, based on the same technical data as the base Project.
Add-ons — paid extensions to an Order selected by the Customer while placing it, i.e. the Heat Pump and Documentation Package, described in detail in §5.
Documentation Package — a paid Add-on providing the Customer with digital design documentation files for download in the Customer's Account, available only to logged-in Customers.
Order — a declaration of intent by the Customer directly aimed at concluding a Sales Agreement for a Project or Projects with the Seller, submitted through the Portal.
Sales Agreement — an agreement for the sale of a Project (together with any Add-ons) concluded between the Customer and the Seller through the Portal.
Business Day — a day from Monday to Friday, excluding statutory public holidays.
§3 Rules for using the Portal
Using the Portal, including placing Orders, requires: a device with internet access, an up-to-date web browser with cookies and JavaScript enabled, and access to an email account.
To the fullest extent permitted by law, the Service Provider is not liable for disruptions, including interruptions in the operation of the Portal, caused by force majeure, unlawful acts of third parties, or the Portal's incompatibility with the Customer's technical infrastructure.
All copyright and property rights to the designs, visualizations, texts, photographs and other materials presented on the Portal belong to the Seller or to entities from which the Seller has obtained the relevant rights. Copying, reproducing and distributing these materials without the Seller's written consent is prohibited.
Purchasing a Project means acquiring a license to construct a building based on it on a single occasion. The Project may not be duplicated, resold, or made available to third parties for the construction of another building without the Seller's separate consent.
The Customer is obliged to use the Portal in a manner consistent with the law and good practice, without disrupting its operation and without infringing the rights of the Seller or third parties, including in particular by not submitting unlawful content.
§4 Services provided by electronic means
The Seller provides free of charge through the Portal: browsing the offer of Projects, an interactive Order form, a contact form, and maintaining an Account. These services are available 24 hours a day, 7 days a week.
Creating an Account is voluntary and is not required to place an Order, except where the Order includes the purchase of the Documentation Package — this Add-on is available only to Customers who have an Account and are logged in at the time of placing the Order.
§5 Order and Sales Agreement
Information about Projects presented on the Portal, including descriptions, technical parameters and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code.
Project prices are given in Polish złoty and are gross prices. The Customer may add the following Add-ons to a selected Project:
- Heat pump — an additional heat-pump installation specification, priced at PLN 800.00 gross, available both to logged-in Customers and to those placing an Order as a guest;
- Documentation package — access to digital design documentation files in the Customer's Account, priced at PLN 300.00 gross, available only to logged-in Customers.
For selected Projects, a separate offer item is available in the form of a Mirror version — its purchase is treated as the purchase of a separate Project variant, not as an Add-on.
An Order is placed by adding the selected Project (or its Mirror version) to the cart, selecting Add-ons, indicating the delivery method and payment method, and accepting these Terms.
The Sales Agreement is concluded at the moment the Customer successfully pays for the Order. After payment, the Customer receives, at the email address provided, confirmation that the Order has been accepted for processing, together with a summary of its material elements. The Seller sends the sales document (including a VAT invoice, if the Customer so wishes) to the Customer's email address; to receive an invoice made out to business details, the Customer should provide the necessary information via the contact form.
The Seller reserves the right to change the prices of Projects and Add-ons presented on the Portal, which does not affect the prices binding for Orders paid for before the change was made.
§6 Payment methods
Payments on the Portal are handled by the external payment operator Stripe. Depending on availability to a given Customer, the Portal allows payment by card, Przelewy24, Klarna, or Link. Card details are encrypted and are not stored by the Seller.
Full payment at the time the Order is placed is a condition for its fulfilment — the Portal does not offer deferred payment or cash on delivery.
§7 Order fulfilment and delivery
Design documentation is delivered to the Customer in printed form by courier (InPost or DPD), according to the Customer's choice made when placing the Order. The cost of courier delivery is PLN 20.00 gross, unless the Order includes any of the Add-ons referred to in §5, in which case delivery is free of charge.
If the Order includes the Documentation Package, the Customer additionally gains access to digital design documentation files in their Account, independent of the courier shipment.
The Seller endeavours to prepare and dispatch the shipment containing the design documentation within 5 Business Days of the payment being credited, unless the description of a given Project states otherwise. Access to files under the Documentation Package is provided immediately after payment is credited, following the Customer's prior consent to the delivery of digital content before the expiry of the withdrawal period, as described in §9.
Delivery is carried out exclusively within the territory of the Republic of Poland. Delivery outside its borders requires prior individual arrangement with the Seller via the contact form.
§8 Consultations
Independent of the purchase of a Project, the Service Provider allows Customers to make use of paid consultations regarding a selected Project (Consultations), carried out at the Customer's request via the contact form, email, or telephone.
Consultations include advice on choosing a Project, adapting it to the Customer's requirements, and answering technical questions. Consultations do not include preparing, modifying or updating design documentation, or adapting the Project to a specific plot — these services are subject to separate, individually agreed terms and fees.
Consultations are billed at a rate of PLN 250.00 net (i.e. PLN 307.50 gross) for each commenced hour of the Service Provider's work, based on the time actually spent. The terms and timing of Consultations are agreed individually with the Customer before they begin, and the fee is payable based on the invoice issued.
§9 Right of withdrawal
A Consumer who has entered into a Sales Agreement at a distance may withdraw from it within 14 days without giving any reason, by submitting an appropriate statement to the Seller in writing or electronically to the address indicated on the Portal's contact page.
The withdrawal period begins on the day the Consumer, or a third party other than the carrier indicated by the Consumer, takes possession of the shipment containing the design documentation.
In the event of withdrawal, the Seller shall reimburse the Consumer all payments received, including the cost of the cheapest standard delivery method offered by the Seller, without undue delay and no later than within 14 days from the date of receiving the withdrawal statement. The Consumer is obliged to return the received design documentation without undue delay, no later than within 14 days from the date of withdrawal, and shall bear the direct cost of the return.
The right of withdrawal does not apply to the extent that the Order includes the Documentation Package, if the Seller — with the Consumer's express prior consent given before the digital files were made available, and after informing the Consumer that they would lose the right of withdrawal — began providing digital content not recorded on a tangible medium, in accordance with Article 38(13) of the Polish Consumer Rights Act. This consent is collected from the Customer before access to the files in the Account is unlocked.
The right of withdrawal does not apply to a Customer who is not a Consumer.
§10 Complaints (statutory warranty)
The Seller is obliged to deliver to the Customer a Project free from physical and legal defects. The Seller's liability under the statutory warranty towards Consumers is governed by generally applicable law, in particular the Polish Civil Code.
A complaint may be submitted electronically via the contact form available on the Portal, or in writing to the Seller's registered office address. The complaint should include a description of the non-conformity, the Customer's request, and contact details enabling a response to be given.
The Seller will respond to the complaint without undue delay, no later than within 14 calendar days of its receipt.
§11 Out-of-court complaint and redress procedures
A Consumer is entitled to make use of out-of-court methods of handling complaints and pursuing claims, including through permanent amicable consumer courts and provincial inspectors of the Trade Inspection. Information in this regard is available on the website of the Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl.
At ec.europa.eu/consumers/odr, the online dispute resolution (ODR) platform is available, enabling out-of-court resolution of disputes arising from agreements concluded at a distance.
§12 Provisions concerning Businesses
This section applies only to Customers who are not Consumers. The Seller's liability towards such a Customer, regardless of its legal basis, is limited to the amount of the price paid, but no more than PLN 1,000.00, and does not cover lost profits.
Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
§13 Protection of personal data
The Seller is the controller of the Customers' personal data processed in connection with the use of the Portal. The rules for processing personal data, including the purposes, legal bases, and the rights available to Customers, are described in detail in the Privacy Policy available on the Portal.
§14 Termination of the agreement for the provision of electronic services
The Customer may cancel their Account at any time by sending an appropriate request via the contact form. The Seller may terminate the agreement for the provision of electronic services in the event the Customer breaches these Terms, after first calling on the Customer to stop the breach within 7 days.
§15 Final provisions
Agreements concluded through the Portal are concluded in Polish, and Polish law is the governing law for resolving them.
The Seller reserves the right to amend these Terms for important reasons, in particular changes in the law or in the manner of conducting business. An amendment to the Terms takes effect 7 days after its publication on the Portal and does not affect Orders placed before that date.
In matters not regulated by these Terms, generally applicable provisions of Polish law shall apply, in particular the Civil Code and the Act of 30 May 2014 on Consumer Rights.