Terms and Conditions | BarnHouseIdeas

Below you can see the regulations of the Barn House Ideas store, in which you will find, among others: rules for using the store, placing and fulfilling orders, reporting complaints, and processing personal data.

If you have any questions or concerns regarding the Store, please visit our FAQ page. If you did not find the answer there, we are at your disposal at info@barnhouseideas.com

Best regards and happy shopping,

Barn House Ideas team

§1.

Definitions

For the purposes of these regulations, the following meanings are adopted for the terms below:

Adaptation –– design activities aimed at adjusting a Ready-made Plan or Modified ready-made Plan to local conditions, necessary for carrying out the Construction Process and performing activities required by Building Law, including the creation of a Construction Project. Adaptations may be carried out, in particular, by Partners.
Administrator – BAD limited liability company, address: 4/7 Zasłuczanska Street, Zerniki Wroclawskie 55010, Poland; taxpayer identification number, TIN: 8961610784; registered in the National Court Register by the District Court for Wroclaw Fabryczna district, Economic Division IX National Court Register, under the National Court Register number: 0001082928.
Agreement – an agreement concluded between the Seller and the Buyer regarding the purchase of a Product, the provision of the Design Service, or the provision of Electronic Services;
Building Law – the polish Act of July 7, 1994 — Building Law (consolidated text: Journal of Laws 2020, item 1333, as amended) along with implementing regulations.
Building Object – a building object as defined in Article 3, point 1 of the Polish Building Law, which will be constructed for the Buyer using the Ready-made Plan or Modified Ready-made Plan
Business day – a day of the week from Monday to Friday, excluding public holidays.
Buyer – a natural person with full legal capacity, a legal entity, or an organizational unit with legal capacity.
Construction Process – a comprehensive set of factual and legal activities undertaken by the Buyer and the persons employed by them, which are necessary to execute the Building Object in accordance with the applicable building law in that country.
Construction Project – a construction project compliant with the polish requirements of Building Law, including the regulation of the Minister of Development of September 11, 2020, regarding the detailed scope and form of the construction project (Journal of Laws 2020, item 1609), prepared based on the Ready-made Plan provided by the Seller and may require adjustments by third parties to comply with local laws in the respective country.
Consumer – a natural person with full legal capacity who enters into an agreement with the Seller that is not directly related to their business or professional activity.
Cookies – small pieces of text or code that are sent to the browser and sent back by the browser. Some cookies may be stored on a device while browsing the Site
Design Service – a service performed at a distance, consisting of individually introducing changes to the purchased Ready-Made Plan according to the Buyer’s requirements. Details related to the execution of the Design Service are described in the Regulations. This service is currently in preparation;
Digital Service – a service allowing the Client to: a) create, process, store or access data in digital form, b) share digital data that has been sent or created by the consumer or other users of this service, c) other forms of interaction using such data;
Discount Code – a sequence of characters comprising letters and numbers that entitles the Buyer to purchase a Product at a reduced price. Each Discount Code has a specified validity period, which is determined individually with the entity that possesses the code.
Electronic Service – a service provided electronically via the Store, a service within the meaning of Article 2(4) of the Act on Providing Services by Electronic Means, e.g., in the form of sending a newsletter, etc.;
Entrepreneur with consumer rights – a natural person entering into an agreement with the Seller directly related to their business activity, where the content of the agreement indicates that it does not have a professional nature for that person, particularly due to the subject of their business activity, registered under the provisions of the Central Register and Information on Business Activity.
GDPR / General Data Protection Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Modifications Concept – the development of changes related to the Modified Readymade Plan as part of the Seller’s provision of Design Services, based on agreements made with the Buyer before entering into the Agreement regarding Design Services.
Modified Ready-made Plan – a Ready-made Plan with changes made at the request of the Buyer within the framework of Design Services
Partner – an entity collaborating with the Seller in the activities conducted by the Seller. A Partner may include, in particular, an architectural office that carries out Adaptations and participates in the Construction Process.
Parties – Seller and Buyer;
Personal data – information about an identified or identifiable natural person through one or several specific factors that determine their physical, physiological, genetic, mental, economic, cultural, or social identity, including the device’s IP address, internet identifier, and information collected via cookies and other similar technologies.
Policy – the Cookie Policy described in § 21 of these Regulations.
Price – the value expressed in monetary units that the Client is obliged to pay to the Seller.
Product – any intangible (digital) product intended for sale in the Store, particularly in the form of a Ready-made Plan.
Ready-made Plan – design documentation whose content is detailed in § 8, paragraph 2, created by the Seller and sold in the Store. Each Ready-Made Plan and Modified Ready-Made Plan requires adaptation before its use in the Construction Process.
Ready-made Plan in Progress – a Ready-made Plan that has been introduced to the Store’s offering and is visible in the Store (including presented buildings, visualizations, etc.), but requires completion of design work, which may extend the delivery time of the Ready-made Plan in Progress as specified in the Regulations.
Regulations – these regulations, available at https://barnhouseideas.com/terms-andconditions/.
Store – the online store available at https://barnhouseideas.com/.
Seller – BAD limited liability company, address: 4/7 Zasłuczanska Street, Zerniki Wroclawskie 55010, Poland; taxpayer identification number, TIN: 8961610784; registered in the National Court Register by the District Court for Wroclaw Fabryczna district, Economic Division IX National Court Register, under the National Court Register number: 0001082928 share capital of $1250
User – any individual visiting the Site or using one or more services or functionalities described in the Policy;
Website – the website operated by the Administrator at https://barnhouseideas.com/

§2.

Preliminary Provisions

1. The Regulations define the rules and conditions for using the Store, as well as the rights and obligations of the Parties. In the event that the Parties make separate arrangements (e.g., for the purpose of providing Design Services), those separate arrangements take precedence over the Regulations, while any other matters not covered by the separate arrangements are governed by the Regulations.

2. The content of the Regulations will be sent to the Buyer in an email summarizing the order.

3. The Regulations do not limit or exclude the rights of the Buyer who is a Consumer arising from mandatory legal provisions.

4. Through the Store, the Seller provides the Buyer with the possibility of concluding a sales agreement solely for electronic products (applicable to EU countries, the USA, Canada, and other countries), including .pdf drawings, editable drawings, and 3D models. These products allow for the construction of a single building in accordance with the license.

5. The Seller enables the conclusion of an agreement for the provision of Electronic Services in accordance with the information contained in the Store.

6. Before concluding the Agreement, particularly regarding the purchase of a Product, the Buyer is obliged to familiarize themselves with the information about the Product provided on the Site. In case of doubts, the Buyer has the right to contact the Seller via the email address info@barnhouseideas.com. The Seller offers two types of packages: Basic and Full. Both packages allow for the construction of one building and include a license for using the project for that construction. The Full package offers more advanced documentation, enriched with additional elements that provide a broader range of detailed design solutions. Detailed differences in the contents of the packages can be found at: https://barnhouseideas.com/how-it-works.

7. The Seller informs the Buyer that:

The Buyer is responsible for carrying out the Construction Process, including conducting it in accordance with the building regulations applicable in the respective country;
The Seller does not participate in the Construction Process carried out by the Buyer;
The Product, being a Ready-Made Plan, requires Adaptation before its use in the Construction Process as a Construction Project to meet the requirements stipulated in the building regulations for Construction Projects;
In the case of Adaptation of the Product by an external entity, including a Partner, the Seller does not exercise author supervision within the meaning of the relevant provisions of the Building Law;
The Seller may include free additions to the Project, e.g., in the form of a recommendation catalog;
The purchase of the Project includes the right to apply it only to one construction.

§3.

Technical Requirements

1. To use the Store and digital Products purchased through the Store, no special technical requirements need to be met by the Buyer’s computer or other devices. The following are sufficient:

access to the Internet,
aproject operating system,
a standard web browser,
a .pdf file viewer,
an active email address.

2. In the event that using the Store or digital Products requires additional technical conditions, those conditions will be specified in the description on the Store’s website.

3. The Buyer can browse the content of the Store without providing personal data, but cannot make a purchase anonymously or under a pseudonym.

4. The Seller states that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized access to and modification of Customer data. Therefore, Customers should take appropriate technical measures to minimize the aforementioned risks.

§4.

Electronic Services

1. Within the Store, the Seller provides the Buyer with an Electronic Service, which involves enabling the Buyer to browse the publicly available content of the Store, which consists, in particular, of text, graphic, and audiovisual content.

2. The primary Electronic Service provided by the Seller is allowing the Buyer to place an order in the Store, which leads to the conclusion of an Agreement with the Seller. Placing an order does not require having an account in the Store.

3. Electronic Services are generally provided to the Buyer free of charge. In the event of introducing any paid Electronic Service, the Seller will clearly inform the Buyer about this before the Buyer starts using the Electronic Service by posting appropriate information on the Store’s website.

4. To ensure the security of the Buyer and the data transmission in connection with using the Store, the Seller takes technical and organizational measures appropriate to the level of security risk of the provided Electronic Services, in particular, measures to prevent unauthorized access to and modification of personal data.

5. The Seller takes actions to ensure the full and correct functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.

6. Any complaints related to the provision of Electronic Services and the functioning of the Store can be reported by the Buyer via email to info@barnhouseideas.com. In the complaint, the Buyer should provide data allowing for their identification as a Store user, as well as the type and date of the irregularity related to the Store’s operation. The Seller will respond to the complaint within 14 days of receiving it.

7. The Seller makes every effort to ensure round-the-clock access to the Store; however, reserves the right to implement short interruptions in access for technical reasons. The Seller will endeavor to ensure that technical breaks last as short as possible.

§5.

Intellectual Property Rights Regarding the Store

1. The Seller hereby informs the Buyer that the content available on the Store’s pages, as well as any materials provided in connection with the provision of Electronic Services, may constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws 2019, item 1231, as amended), for which the copyright belongs to the Seller.

2. The Seller hereby informs the Buyer that any further dissemination of protected content by the Buyer without the Seller’s consent, except for use within the scope of fair use, constitutes a violation of the copyright held by the Seller and may result in civil or criminal liability.

3. The rules regarding the use of Products in the context of intellectual property rights are regulated in § 15.

§6.

Placing an Order

1. The Buyer places an order without creating a user account.

2. Placing an order is done by filling out the order form after adding the desired Products to the cart. The form requires providing information necessary for order fulfillment, such as address details, email address, and phone number. All information about the purchase will be sent to the Buyer’s provided email address after placing the order. At the order placement stage, the Buyer also selects the payment method for the order. Acceptance of the Regulations is a condition for placing an order, and the Buyer should familiarize themselves with the Regulations beforehand. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.

3. If the Buyer has any doubts or questions regarding the Product presented on the Product Card, they may contact the Seller.

4. If the Buyer has a Discount Code, they should enter it in the appropriate field at the time of placing the order. After the Agreement is concluded, the Buyer loses the ability to use the Discount Code for that order; however, there are no obstacles to using the Discount Code for a separate order and Agreement.

5. The order placement process is completed by clicking the button to finalize the order. Clicking the button to finalize the order constitutes the Buyer’s declaration of intent leading to the conclusion of an Agreement with the Seller. Depending on the subject of the order, an Agreement of a specific type may be concluded between the Buyer and the Seller:

in the case of Products – an agreement for the delivery of digital content,
in the case of Design Services – an agreement for the provision of Design Services.

6. In the order form, the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend order fulfillment if the Buyer has provided false data or if such data raises justified doubts regarding their correctness. In such cases, the Buyer will be informed by phone or email about the Seller’s doubts. The Buyer has the right to clarify any circumstances related to the verification of the provided data’s authenticity. If the Seller lacks the information necessary to contact the Buyer, the Seller will provide all explanations once the Buyer initiates contact.

7. The Buyer declares that all data provided by them in the order form is true; however, the Seller is not obliged to verify its truthfulness and correctness, although it has the right to do so in accordance with paragraph 6.

8. The Buyer can use the Store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or holidays will be processed on the next Business Day. The Seller reserves the right to temporarily disable the Store for technical reasons.

9. Additional changes agreed upon by the Parties after the order placement stage are subject to separate remuneration.

§7.

Order Fulfillment and Payment

1. The order fulfillment time is always indicated for each Product. Projects are delivered exclusively in electronic form to the email address specified in the order. The standard fulfillment time is at least 3 business days for the Basic package and at least 1.5 weeks for the Full package. In justified cases, the delivery time may be extended, particularly due to order load and the waiting period for projects during translation.

2. Due to the nature of the Ready-made Plan in Progress, the order fulfillment time may be extended, typically up to 6 weeks, but not more than 12 weeks. The Seller provides clear and understandable information in the offer stating that the presented Ready-made Plan is a Ready-made Plan in Progress, which will result in an extended fulfillment time.

3. The Seller uses external payment operators to offer online payment options.

4. The available payment methods for the order are described on the Site and presented to the Buyer during the order placement stage. As a rule, the Seller allows payment to be made:

via bank transfer to the specified bank account – in this case, the Buyer is required to make the payment before the Seller proceeds with the order fulfillment;
via electronic transfer – through Stripe and PayPal, including installment payments. To make a payment, the Buyer will be redirected to the service’s site under the terms specified by that service.

5. If the Buyer selected payment by bank transfer, after clicking the button to finalize the order, they will be redirected to the Store’s page with the order confirmation and payment instructions. Payment for the order should be made in advance, within 7 days from the date of concluding the Agreement.

6. The Seller will proceed with fulfilling the Agreement, including delivering the Product or providing Design Services, once the full price has been credited to the Seller’s bank account. If the Buyer does not make the payment within the specified timeframe, the Seller will call on the Buyer to make the payment, sending an appropriate email and setting an additional payment deadline of 7 days. If the Buyer fails to make payment within the additional deadline, it is deemed that the Buyer has withdrawn from the Agreement for reasons attributable to the Buyer.

7. The Seller reserves the right to refuse to accept an order or to cancel it if it was placed using software, a bot, crawler, spider, or any automated system or script behavior, or any services of third parties used to place the order on behalf of the user.

8. The Seller issues invoices in accordance with applicable local laws. In European Union countries, VAT is applied according to the current rates, while in jurisdictions where regulations do not require VAT to be charged, invoices are issued without this tax.

9. The invoice will be delivered to the Buyer electronically to the email address provided in the order form.

10. The price listed in the Store is a gross price and includes all taxes required by law, unless the Seller has clearly indicated otherwise.

11. The price does not include information about other costs that the Buyer is required to incur, and the Buyer will be informed of these costs before placing the order.

12. The reduced price is the price applicable after the reduction of the Product price.

13. The lowest price is the lowest price for the Product that was in effect during the 30 days prior to the price reduction; for products offered for sale for less than 30 days, the lowest price is the lowest price applicable from the start of offering that Product until the price reduction.

14. After purchasing the Basic package, there is an opportunity to purchase the Full package with a 25% discount within two weeks of purchasing the Basic package.

15. The Seller reserves the right to change Product prices and to conduct and cancel promotional campaigns. Any price changes for Products take effect upon being published on the Store’s site and do not affect already concluded Agreements. Promotions conducted by the Seller may not be combined unless the rules of the specific promotion state otherwise. Detailed information is always included in the terms or rules of the given promotion.

§8.

Ready-made plans

1. A Buyer who orders a Ready-made Plan in the Store receives project documentation in electronic form in accordance with the descriptions on the website https://barnhouseideas.com/what-does-each-package-type-include/. In order for the purchased Product to be used for the Construction Process as a Construction Project, it must be subject to prior Adaptation in accordance with the Building Law applicable in the relevant country. The necessary scope of Adaptation is described in § 9.

2. Each Product including a Ready-made Plan generally contains:

a) In the Basic Package:

a summary of key information about the design,
an example of the project’s location on a building plot in accordance with Polish building law (drawing in 1:500 scale),
building elevations with descriptions and color schemes of the materials used,
simplified floor plans of each level with a detailed description of the building partitions (drawing in 1:100 scale),
two simplified cross-sections with a detailed description of the building partitions (drawing in 1:100 scale),
a window and door schedule,
visualizations

b) In the Full Package

The architectural and construction project (drawing at a scale of 1:100):

technical description,
floor plans for each level,
roof plan,
necessary sections through the entirety and characteristic parts of the building,
descriptions of partitions and materials used,
building elevations with descriptions and color schemes of materials used,
simplified summary of window and door joinery,

Structural project with execution elements (drawings at scales of 1:100 and 1:20), containing drawings and structural details with detailed reinforcement drawings of all structural elements:

technical description,
floor plans for each level (foundations, ground floor, attic),
roof truss drawing,
execution drawings of structural elements,
summary of reinforcing steel,
summary of roof truss elements.

Internal installations project in standard construction quality (drawing at a scale of 1:100) – plumbing, heating with underfloor heating, mechanical ventilation with heat recovery:

technical description,
floor plans for each level (ground floor, attic),
energy characteristics for the building under baseline conditions,

Electrical installations project in standard construction quality (drawing at a scale of 1:100):

technical description,
floor plans for each level – layout of the electrical installation,
lightning protection system,
electrical diagram of the fuse box,

Additional elements:

confirmation of the professional qualifications of the designers and their membership in a professional chamber during the documentation preparation period.

Depending on the specifics and purpose of the Building Object, the content of the Typical Project may slightly vary, and such differences arise solely from the nature of the Building Object and the requirements of Building Law. To ensure the Buyer is fully informed about changes in the Project, all modifications will be clearly specified in the documentation.

3. Ready-made Plan are generally delivered in electronic form.

4. Each sold project has an individual number assigned to a specific order. This number serves to protect the project from unauthorized copying and provides additional copyright protection. Any unauthorized copying, duplication, or use of the project will be treated as a violation of copyright.

5. Projects are prepared in English in metric format for EU markets, Canada, and in feet for the US market. There is an option to order the project in feet, which should be specified at the ordering stage.

6. Projects are prepared in English using the metric system for EU markets and Canada, and in the imperial system for the US market. There is an option to order the project in the imperial system, which should be specified at the ordering stage.

§9.

Mandatory Adaptation Scope

1. The Buyer, wanting to use a given Ready-made Plan or Modified Ready-made Plan in the Construction Process as a Construction Project, must carry out Adaptation in accordance with the applicable Building Law of the respective country.

2. Adaptations should be performed by designers with the qualifications required by the building regulations in force in the respective country.

3. The Seller does not provide support regarding Adaptation. The Buyer is free to choose a designer who will make the necessary changes within the scope of Adaptation.

4. The Seller authorizes the designers performing the Adaptation to include the ready-made Plan t in the complete documentation of the Construction Project, which is prepared by the designer at the request of the Buyer and signed by that designer.

5. The designer performing the Adaptation and preparing the Construction Project to be used in the Construction Process is particularly required to:

analyze the compliance of the Ready-made Plan or Modified Ready-made Plan with local conditions;
adapt the foundations to local soil conditions;
verify the structure of the entire Building Object in terms of its adaptation to local conditions, such as soil conditions and normative loads resulting from the climatic zone, without the possibility of changing the shape and external dimensions of the Building Object, the slope of the roof, wall heights, and window dimensions;
adapt the water and sewage installation to local conditions based on the agreed connection project with the water supplier;
adapt the water and sewage installation in relation to gas installations and connections;
perform adaptation of the designed energy characteristics along with an analysis of alternative/renewable heat sources adapted to the conditions on the plot and any changes made in the Ready-made Plan or Modified Ready-made Plan;
sign the Construction Project as the author of the adaptation of the Building Object to a specific location, specifying the type and number of held design qualifications;
verify and adapt the Construction Project and designed energy characteristics in accordance with changes in applicable regulations and standards introduced after the date of completion of the Ready-made Plan or Modified Ready-made Plan;
analyze the impact area of the Building Object on neighboring properties.

§10.

Additional Adaptation Scope Not Requiring Seller’s Approval

1. In addition to the mandatory Adaptation mentioned in § 9, the Seller also allows for additional Adaptations, provided that:

a) The Adaptations listed in subsection 2 do not require separate approval from the Seller — the Seller accepts the specified scope of changes under the Regulations;

b) Any Adaptations exceeding the scope mentioned in subsection 2 require separate approval from the Seller.

2. The Buyer may, without needing to obtain the Seller’s approval:

a) Use different building materials for the construction of the Building Object (foundations, walls, ceilings, stairs, roof trusses) provided that the structural and thermal protection requirements of the Building Object are met:

Change the location of internal partition walls and door openings within the Building Object,
Change the location and geometry of internal stairs,
Change the height of the Building Object (or the elevation of the ridge) by 10% (increase or decrease), particularly: the level of the ground floor above the designed terrain, the height of the ground floor, the height of the knee wall, subject to point d), d) Change the roof pitch by 5 degrees (increase or decrease), subject to point c),
Create a basement for all or part of the Building Object,
Change the cross-section of external and internal columns.

b) Introduce changes to the finishing materials inside and outside the Building Object, as well as change the external color scheme of the Building Object, while maintaining aesthetic considerations.

c) Provided the proper composition of the elevation is maintained (maintaining a common line of window and door openings aligned with one another or next to each other) and construction principles, the Buyer may:

Make changes to the arrangement of windows and doors on the elevation: remove or design additional ones,
Change the horizontal and vertical dimensions of windows and doors,
Use glass blocks (luminous blocks),
Design additional entrances to the house or garage, e) Use additional roof windows and skylights.

d) Change the location, remove, or design additional chimneys (smoke, flue, ventilation) and sewer vents, ensuring the correctness of technical and aesthetic solutions.

e) Provided the aesthetics of the Building Object and construction principles are maintained, the Buyer may design (or remove) additional external elements of the Building Object such as: a garage, above-ground terraces, winter gardens, as well as internal elements such as mezzanines.

f) Change the function of rooms, including adapting a garage or other room for residential purposes, provided they are adapted for permanent residency.

g) Increase or decrease the existing garage in the project.

h) Redesign the heating installation, adapting it to another energy source.

i ) Redesign sanitary and electrical installations.

3. In case of the need to introduce changes that exceed the scope indicated in subsection 2, the Buyer is obliged to inform the Seller, presenting the scope of planned changes and the justification for their introduction. The Seller will respond within 14 days at the latest, indicating whether they consent to the proposed change in the Ready-made Plan or Modified Ready-made Plan. In exceptional cases (e.g., when a significant number of changes are submitted by the Buyer), the response time may be extended, but not more than 30 days from the date of receiving the Buyer’s inquiry.

4. If the Seller agrees to the introduction of changes in the Ready-made Plan or Modified Ready-made Plan according to the Buyer’s needs, the consent will be sent to the Buyer in PDF format via email to the address provided by the Buyer. At the same time, the Seller informs that they are not obligated to grant consent in every case and has the right to prohibit changes that exceed the scope mentioned in subsection 2 without providing a reason. The refusal to grant consent for proposed changes may occur particularly if the suggested changes could lead to a violation of the aesthetic concept of the Ready-madse Plan or Modified Ready-made Plan and the Building Object.

5. Consents are granted without the need for additional payment to the Seller.

6. If the Buyer makes changes to the Ready-Made Plan or Modified Ready-Made Plan without the required consent from the Seller, the Buyer is obliged to restore the Ready-Made Plan or Modified Ready-Made Plan and the Building to the state prior to the changes and is additionally obliged to pay a contractual penalty of 500 $ (in words: five hundred dollars) for each violation.

7. Regarding technical aspects related to conducting additional Adaptations, the provisions of § 9 apply accordingly.

§11.

Order of Design Services

1. The Buyer, in addition to the Ready-made Plan, may also order an Individual Design Service aimed at introducing changes to the Ready-made Plan directly by the Seller and creating a Modified Ready-made Plan. The purchase of the Design Service requires the simultaneous acquisition of the Ready-made Plan.

2. The scope of the Design Services provided and information about the possible changes within the Design Services can be found on the Store’s website, particularly in the “FAQ” section or another section serving a similar function.

3. To execute the Design Service, the Buyer is required to contact the Seller via email at info@barnhouseideas.com to establish the scope of planned changes to the Ready-Made Plan. Based on the information provided by the Buyer, the Seller will prepare a quote for the Design Service.

4. After accepting the remuneration for the Design Service and establishing a deadline for the execution of the Design Service by both Parties, the Buyer can place an order in the Store by adding the product titled “Individual Modifications to the House Plans ” to the cart. The conclusion of the Agreement regarding the Design Service takes place under the general terms provided for the purchase of Products by Buyers (§ 6).

5. The Buyer is obliged to provide in the order form the remuneration and the deadline for the Design Service that were previously agreed upon with the Seller. In the event of providing a different remuneration or a different deadline than those agreed with the Seller, the Seller has the right to refuse to accept the order, as well as to conclude the Agreement regarding the provision of the Design Service for the Buyer (by canceling the submitted order). In such a case, the Seller will promptly contact the Buyer to allow the Buyer to submit a correct order.

6. All deadlines agreed upon with the Buyer commence only after the Design Service is paid in full. In case of a delay in payment, the deadline for the execution of the Design Service will automatically be extended by the number of days of the payment delay.

7. In the event that during the execution of the Agreement regarding the Design Service:

the Buyer significantly changes the scope of the Design Service by indicating additional changes they expect in the Project;
there is a change in legal regulations or other circumstances that will have a direct impact on the increase in the costs of executing the Design Service,

The Seller will promptly inform the Buyer about this, presenting the estimated additional costs related to the execution of the Agreement. After receiving the Seller’s notification, the Buyer may agree to change the Agreement and increase the Seller’s remuneration or refuse the change of the Agreement. In the event of refusal to change the Agreement, the Seller is obliged to execute the Agreement solely within the originally agreed scope of changes to the Ready-Made Plan and within the limits of the originally agreed remuneration.

8. Expanding the scope of changes to the Ready-Made Plan, as well as changing the Agreement in any other respect, will require the establishment of a new remuneration, which will be presented to the Buyer before proceeding with the execution of additional work. If the new remuneration is not accepted, the Seller will execute the project according to the original assumptions, without introducing additional changes.

§12.

Implementation of Design Services

1. Communication between the Parties for the purpose of concluding the Agreement on Design Services and during the execution of the Design Services will take place via email or telephone.

2. The Seller undertakes to provide Design Services in a careful, diligent, correct manner, in accordance with technical knowledge and industry standards. The Seller agrees to perform the Design Services according to the guidelines received from the Buyer.

3. The Buyer agrees to respond to all messages from the Seller no later than within 5 calendar days. If this deadline is exceeded, the Seller is entitled to extend the deadline for the execution of the Design Services.

4. If the execution of the Design Services requires cooperation from the Buyer (e.g., providing answers to the Seller’s questions, taking a position, providing specific information or data, etc.), and the Buyer refuses to cooperate with the Seller (either not cooperating at all or cooperating with delays), the deadline for the execution of the Design Services will be appropriately extended.

5. The Seller may outsource certain tasks related to the execution of Design Services to third parties, especially to subcontractors.

6. The cooperation scheme within the framework of Design Services includes the following stages:

The Parties will agree on preliminary assumptions and details of the changes to be made to the Ready-made Plan;
After determining the scope of changes, the Seller will present the Buyer with a concept of the modified project;
The Buyer will provide final approval or submit any comments halfway through the cooperation;
The Buyer has the right to two rounds of revisions within the remuneration for the Design Service. Any additional round of revisions exceeding the two provided for in the Agreement will be subject to additional billing according to an individually established rate.

7. In the case of significant changes reported by the Buyer after the approval of the project concept, which require additional work from the Seller, the Seller will present the Buyer with a new remuneration estimate related to the expanded scope of work. If the new estimate is not accepted, the Seller will execute the project according to the original assumptions, without considering additional changes. As part of the remuneration for the execution of the Design Services, the Seller agrees to provide the Client with ongoing consultations by telephone or email not exceeding a total of 90 minutes throughout the duration of the Agreement. Any consultations beyond the specified limit will be subject to additional billing between the Parties at the rate of 50$ gross for each commenced clock hour.

8. The Seller will send the Buyer the Modifications Concept regarding the Ready-made Plan via email to the address indicated by the Buyer, within the time agreed upon with the Buyer and the Regulations. The Buyer has the right to submit justified corrections to the Modifications Concept within 5 days of receiving the message with the Modifications Concept, provided that the corrections may only relate to the proposed changes within the framework of the Design Services and may not pertain to the Project in its original version. If no corrections are submitted within the specified period, it is assumed that the Buyer has accepted the Modifications Concept without reservations.

9. The Seller will send the Buyer the Modifications Concept incorporating the submitted corrections within a period of up to 5 days. If the submitted corrections turn out to be unjustified (e.g., exceed the scope of the Design Services), the Seller may refuse to incorporate such a correction, providing the Buyer with the reason for the refusal.

10. The Buyer is entitled to two rounds of corrections in accordance with section 8. Any subsequent series of corrections will incur additional charges. The fee must be paid before the Seller commences work on the next series of corrections. The preceding sentences do not apply only in cases where the need for corrections arises from errors on the part of the Seller.

11. After the corrections have been made or the deadline for the Buyer to submit corrections has expired, the Modifications Concept is approved by the Parties and serves as the basis for further work carried out by the Seller. Based on the approved the Modifications Concept, the Seller prepares the final version of the Modified Ready-made Plan (in consultation with specialists from relevant fields) and will deliver it to the Buyer as follows:

The Modified Ready-made Plan in electronic form will be sent to the email address indicated by the Buyer.

§13.

License for Projects

1. Each Project constitutes a work within the meaning of Article 1(1) of the polish Act of February 4, 1994, on Copyright and Related Rights (consolidated text: Journal of Laws 2019, item 1231, as amended) and is subject to protection arising from intellectual property law.

2. The Seller grants the Buyer a non-exclusive license to the Project to the extent necessary for the construction of one Building Object within one Construction Process. Using the Project in a broader scope than building a single Building Object may result in holding the Buyer liable according to the relevant legal provisions.

3. The granting of the non-exclusive license to the Project occurs in the fields of exploitation necessary to achieve the purpose mentioned in paragraph 2.

4. The Buyer may not grant further licenses (sublicenses) to third parties, either for a fee or free of charge, without prior written or documented consent from the Seller under the pain of nullity. The Buyer may not transfer, sell, or otherwise dispose of the non-exclusive license.

5. The granting of the non-exclusive license occurs for an indefinite period and within the territory of the state where the Building Object will be located.

6. The granting of the non-exclusive license will occur upon the full payment of the price by the Buyer and the transfer of the Project, provided both conditions are met simultaneously. Until the non-exclusive license is granted, the Buyer is not entitled to any use of the Project, except for actions necessary to fulfill obligations arising from this Agreement.

7. If the Buyer needs to exploit the Project in a manner broader than specified in paragraphs 1-5, particularly if the Buyer intends to build another Building Object based on the Project, the Seller may extend the license, but this can only occur through a separate agreement and upon payment of a separate fee. If the Buyer exploits the Project in violation of the preceding sentences, the Buyer is obliged to cease the violations and is also liable to pay a contractual penalty of 500$ (in words: five hundred dollars for each violation, as well as reimbursement of project license costs for each violation.

8. Any changes to the Project made by the Buyer or persons acting on their behalf may only be made for the purposes of one-time use of the Project in the Construction Process, under the terms described in sections 9-13. After the completion of the Building Object, any changes to the Project are not permitted, and making changes not agreed upon with the Seller may result in a violation of copyright related to the Project.

9. The creators of the Project have moral rights to the project, therefore the Buyer is obliged to use the Project with acknowledgment of the author who created it.

10. In the event of a violation of copyright by the Buyer or third parties for which the Buyer is responsible, the Seller will send a written request to the Buyer to cease the violations and remove the effects of the violations within no more than 14 days. If the Buyer does not comply with the request, after the additional deadline has expired without effect, the granted non-exclusive license will expire, and the Seller may seek liability from the Buyer on general principles.

11. In the case of the Modified Ready-made Plan, the Seller is entitled to use the Modified Ready-made Plan and to dispose of rights to it, particularly for the purpose of building and presenting their portfolio, i.e., presenting the results of their work to third parties through all advertising and promotional channels of the Seller, including printed materials and the Seller’s websites. The Seller may also use the Modified Ready-made Plan included in the portfolio for educational, training, and other similar purposes. The Seller is entitled to sell the Modified Ready-made Plan as a separate Ready-made Plan (a separate Product), while the Buyer shall have no claims related to the sale of such Modified Ready-made Plan, particularly the right to demand any remuneration in this respect.

§14.

Withdrawal from the Agreement in the case of a Consumer

1. A Consumer who has entered into a Distance Agreement with the Seller has the right to withdraw from the Agreement without giving any reason within 14 days from the date of concluding the Agreement.

2. The right to withdraw from the Agreement does not apply to Agreements:

for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after its completion, they would lose the right to withdraw from the agreement and acknowledged this,
where the subject of the service is a non-prefabricated item, produced according to the consumer’s specifications or serving to meet their individualized needs – e.g., ordering a t-shirt in an online store with a custom design created by the consumer,
where the subject of the service is an item delivered in sealed packaging, which, after opening, cannot be returned due to health protection or hygiene reasons if the packaging has been opened after delivery,
where the subject of the service consists of audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery,
for the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the start of the service that they would lose the right to withdraw from the agreement after the Seller has fulfilled the service, acknowledged this, and the Seller provided the consumer with a document confirming the conclusion of the agreement.

3. In the case of purchasing a Project that includes a digital version, the right to withdraw from the Agreement according to paragraph 2 item 5 is excluded for the entire Agreement.

4. The moment of commencement of the service for digital Products is the delivery of an email to the Consumer with instructions for downloading or accessing the digital Product.

5. To withdraw from the Agreement, the Consumer must inform the Seller of their decision to withdraw from the Agreement by making an unequivocal statement, for example, by sending a declaration to the Seller’s contact details.

6. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send information about exercising the right to withdraw from the Agreement before the withdrawal period expires.

7. In the event of withdrawal from the Agreement, the Seller shall return all payments received from the Consumer without delay and in any case no later than 14 days from the date the Seller was informed of the Consumer’s decision to withdraw from the Agreement. The refund will be made using the same payment methods that the Consumer used in the original transaction unless the Consumer has explicitly agreed to another method. In any case, the Consumer will not incur any fees related to the form of the refund.

8. The Consumer is responsible for any reduction in the value of the Product resulting from using the Product in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product.

9. In the case of withdrawal from the agreement by the Buyer after accepting the project concept but before its full completion, the Seller has the right to request the Buyer to cover partial costs of the work performed, proportional to the stage of project completion.

§15.

Responsibility of the Parties

1. The Buyer is particularly responsible for:

conducting the Construction Process in compliance with the Building Law applicable in the respective country;
selecting a designer to carry out the Adaptation required for the use of the Project in the Construction Process and for creating the Construction Design;
adhering to the terms of the granted license;
violating intellectual property rights belonging to the Seller or third parties.
in the case of Buyers who are Consumers, the Seller is obligated to provide the Consumer with Products that comply with the Agreement, as well as to perform Design Services properly.

2. The Seller’s liability to Consumers for non-performance or improper performance of the Agreement is governed by general consumer law provisions, and therefore the provisions of this section regarding the Seller’s liability for non-performance or improper performance of the Agreement do not apply to Buyers who are Consumers.

3. Subject to the liability limitations set forth in other provisions of the Terms and Conditions, the Seller is not liable for:

the inability to perform the Agreement due to reasons beyond the Seller’s control;
the Products being unsuitable for the purposes intended by the Buyer;
the incompleteness or obsolescence of the Products, as well as errors in the Products;
the consequences of using the Products by the Buyer or third parties;
a faulty Adaptation regarding the Ready-Made Plan;
actions and omissions of persons employed by the Buyer in the implementation of the Construction Project;
the consequences of unauthorized interference with the Products by the Buyer or third parties;
damages resulting from delays in the receipt of the Products;
damages resulting from the Seller’s suspension of performance of the Agreement due to reasons attributable to the Buyer;
the consequences of the Buyer’s non-compliance with the provisions of these Terms and Conditions;
providing incomplete, false, or inaccurate information, including data for the VAT invoice and contact details;
consequences of force majeure; “force majeure” means a sudden or natural event beyond the control and actions of the Parties that could not have been foreseen and could not be prevented, including but not limited to events such as floods, war, acts of terrorism, or the introduction of a state of emergency;
termination of the Agreement for reasons attributable to the Buyer.

4. The Seller’s liability for warranty is excluded.

5. The Seller is not liable for damages caused by defects in the Products resulting from third parties, in particular the designer carrying out the Adaptation and other persons employed by the Buyer for the purposes of implementing the Construction Process.

6. The Seller is not liable for damages in the form of lost profits as understood by Article 361 of the Civil Code.

7. The Seller’s total liability for non-performance or improper performance of the Agreement is limited to the amount of the price and other dues received by the Seller in connection with the Agreement.

8. Any limitations and exclusions of liability provided for in these Terms and Conditions do not apply to damage for which, under mandatory legal provisions, liability cannot be excluded or limited, especially damage caused intentionally.

9. Contractual penalties stipulated in the Agreement are cumulative.

10. If the amount of the stipulated contractual penalties does not fully cover the damage suffered by a Party as a result of the other Party’s breach of the Agreement, the Party is entitled to claim compensation exceeding the amount of the stipulated contractual penalties, under general legal principles.

11. Contractual penalties are payable within 14 days from the date of delivery of the payment demand, by bank transfer to the account indicated in the demand.

§16.

Prohibited Conduct

1. The Buyer is obligated to use the Store in accordance with the law, good practices, ethics, and with respect for personal rights, copyrights, intellectual property rights of the Owner and others, as well as these Terms and Conditions.

2. It is forbidden to post content that is illegal.

3. The content must not promote, endorse, or depict (including through links to other websites) the commission of crimes specified in Directive 2017/541 (hereinafter referred to as the “Directive”), such as:

a) Human trafficking, including:

Recruiting, transporting, transferring, harboring, or receiving people;
Using threats, violence, coercion, abduction, fraud, deception;
Abusing authority, exploiting a vulnerable situation;
Offering or accepting payments or benefits to gain the consent of a person controlling another person, for the purpose of exploitation.

b) Crimes related to terrorism (a full list of offenses is listed in Article 3(1) of the Directive):

Committed with the intent to intimidate the population, unlawfully force a government or international organization to take or refrain from any action, or destabilize or destroy the fundamental political, constitutional, economic, or social structures of a state or international organization.

c) Examples of such crimes include:

Attacks on human life that may cause death.
Attacks on a person’s physical integrity.
Kidnapping or taking hostages.
Manufacturing, possessing, acquiring, transporting, supplying, or using explosives or weapons (including chemical, biological, radiological, or nuclear), as well as conducting research on or developing such weapons.
Unlawful interference with information systems, causing serious harm or committed against a critical infrastructure information system.
Illegal interference with computer data in a critical infrastructure information system.
Threats to commit any of the aforementioned acts.

d) Disseminating or making public statements with the intent to incite the commission of crimes listed in the Directive, if such actions endorse the commission of terrorist crimes and create a danger of their commission.

e) Inciting others to commit or contribute to the commission of crimes listed in the Directive.

f) Providing or collecting funds, directly or indirectly, with the intention of using them to commit terrorist crimes.

g) Creating or using false official documents with the intent to commit crimes listed in the Directive.

4. The content must not contain information that: a. Violates personal or property copyright. b. Violates good manners, moral standards, insults dignity, or infringes on the personal rights of others, including the right to one’s image. c. Is vulgar, offensive, supports radical social views or promotes such views (including any form of racial, ethnic, gender, religious discrimination, or propagating hatred, etc.), or contains pornographic content. d. Constitutes advertising prohibited by the Act of April 16, 1993, on combating unfair competition and the Act of July 23, 2007, on counteracting

§17.

Extrajudicial Methods of Handling Complaints and Claims

1. The Seller agrees to submit any disputes arising in connection with the concluded Agreements to mediation proceedings. The details will be determined by the parties involved in the conflict.

2. The Consumer has the possibility to use extrajudicial methods of handling complaints and pursuing claims. Among others, the Consumer may:

submit a request to a permanent consumer arbitration court to resolve a dispute arising from the concluded Agreement;
submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings aimed at the amicable settlement of the dispute between the Buyer and the Seller;
seek the assistance of a district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection.

3. More detailed information on extrajudicial methods of handling complaints and pursuing claims can be found on the website http://polubownie.uokik.gov.pl.

4. The Consumer may also use the ODR platform, available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking an extrajudicial settlement of disputes regarding contractual obligations arising from an online sales agreement or service agreement.

§18.

Customer Rights Regarding Digital Services, Including Complaint Procedures

1. This section outlines the Consumer’s rights in the case of agreements for the provision of digital content or services concluded on or after January 1, 2023. Detailed information regarding the Buyer’s rights is specified by the Consumer Rights Act, and this Regulation does not aim to limit or modify those rights.

2.If the digital content or service is not in conformity with the contract, the Buyer may request that it be brought into conformity with the contract or submit a statement to reduce the price or withdraw from the contract.

3. The Seller may refuse to bring the digital content or service into conformity with the contract if doing so in the manner chosen by the Buyer is impossible or would incur disproportionate costs for the Seller.

4. If the digital content or service is not in conformity with the contract, the Buyer may submit a statement for a price reduction or withdraw from the contract when: a. bringing it into conformity with the contract is impossible or would incur disproportionate costs;

the Seller has not brought the digital content or service into conformity with the contract; c. the lack of conformity persists despite the Seller’s attempt to remedy it; d. the lack of conformity is so significant that it justifies an immediate price reduction or withdrawal from the contract; e. the Seller’s statement or the circumstances clearly indicate that the Seller will not bring the digital content or service into conformity with the contract within a reasonable time or without excessive inconvenience to the Buyer.

5. The Buyer cannot withdraw from the contract if the digital content or service is provided in exchange for a price and the lack of conformity with the contract is insignificant.

6. If the Buyer has not received the digital content or service, the Buyer should inform the Seller. If the content or service is not delivered promptly or within an additional period expressly agreed upon by the parties, the Buyer may withdraw from the contract.

7. The Buyer may withdraw from the contract without requesting the delivery of the digital content or service if: a. the Seller has stated, or it is clear from the circumstances, that they will not deliver the digital content or service, or b. the parties agreed, or the circumstances surrounding the conclusion of the contract clearly indicate that the specified delivery date was essential to the Buyer, and the Seller has not delivered the content or service by that date.

8. The provisions of this section do not apply if the contract provides for the delivery of digital content via a tangible medium.

§19.

Contact with the Seller

1. Contact with the Seller is possible in the following ways:

via email: info@barnhouseideas.com;
by phone: +48 730 195 275;
by regular mail:4/7 Zasłuczanska Street, Zerniki Wroclawskie 55010, Poland

2. The preferred method of communication between the Parties is via email correspondence.

§20.

Final Provisions

1. The Seller reserves the right to introduce and withdraw offers, promotions, and to change prices in the Store without prejudice to the rights acquired by the Buyer, including, in particular, the terms of agreements concluded before the change was made.

2. The Seller reserves the right to make changes to the Terms and Conditions without prejudice to the rights acquired by the Buyer based on Agreements concluded before the amendment of the Terms and Conditions.

3. The governing law for sales agreements concluded through the Store is Polish law. However, the choice of foreign law does not deprive the Consumer of their rights under the mandatory provisions of the law of the country of their habitual residence.

4. Any disputes related to Agreements concluded via the Store will be settled by the common Polish court competent for the Seller’s principal place of business. This provision does not apply to Consumers, for whom the jurisdiction of the court is determined by general rules.

5. These Terms and Conditions are effective from October 10, 2024.