Thank you for visiting our website at http://bodychief.pl (hereinafter referred to as ‘BodyChief Website’, ‘Website’ or ‘E-Service’) or using our BodyChief application (hereinafter as “BodyChief Application” or “Application”). BodyChief Website and BodyChief Application are hereinafter collectively referred to as “BodyChief”.

By using BodyChief, you can order the service of preparing and delivering meals listed on the Website or in the Application within dietary catering provided by the owners of the Website (hereinafter referred to as ‘Service’ or ‘Diet’).

The Application and the Website are protected by copyright, intellectual property right and other provisions of the generally applicable law. The Application is licensed and not sold. The copyrights and intellectual property rights to the Application or the Website as a whole and to its individual elements, such as contents, graphics, works, designs and marks available within such Application or Website constitute the property of the Service Provider or other authorized third parties. The use of BodyChief is possible under conditions specified in the Regulations.

These Regulations include the general rules and conditions of using the Website. If a customer takes a decision to use the BodyChief’s Service, these conditions govern the rules of using the Website and the Application, including any questions of our liability.

Please make yourself acquainted with these Regulations.,

BodyChief Team

1. ABOUT US

1. The Service is owned by Body Chief Spółka z ograniczoną odpowiedzialnością with its registered office in Wysogotowo, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000713725, the registry court where the Company's documentation is kept: District Court for Poznań - Nowe Miasto I Wilda in Poznań, 8th Commercial Division of the National Court Register, having its registered office and address for service at: ul. Grzybowa 10, 62-081 Wysogotowo, share capital in the amount of PLN 100,000, Tax Id. No. (NIP): 7792479825, Business Reg. No. (REGON): 369298976, e-mail address: [email protected], contact phone number: 607 414 441 (basic telephone rate for phone calls - the call is charged according to the operator’s tariff), contact form is available at: https://bodychief.pl/kontakt; additional e-mail addresses and contact numbers can be found in the website in the "Contacts" tab or in the Application in the Settings-> Contact tab (hereinafter referred to as ‘the Service Provider’ or ‘the Seller’).
2. The Service Provider operates the Website and provides the Application and is responsible for rendering the Services and E-Services of BodyChief properly. In addition to the Service Provider, there are Service Customers in the Website. They are independent third parties in respect of the Service Provider. Customers may enter the Website to use the E-Services provided via the Website and its other functionalities, including the purchase of Services.
3. The Seller has their own registration number in the register of entities introducing products, products in packaging and managing waste (so called BDO register) kept by the marshal of the voivodeship: 000037844.

2. DEFINITIONS

1. In these Regulations, the following terms shall have the meanings given thereto below:
   1. APPLICATION, BODYCHIEF APPLICATION – a mobile application (software for mobile devices with elements not constituting computer program within the meaning of the Copyright but constituting an integral part thereof) enabling the Client to use the Website and its functionalities, including to place Orders and purchase the Service via a mobile device in line herewith. A detailed scope of the Application’s functionalities and the principles of their operation is defined in the Application under the Settings-> Help tab.
   2. BLOG – Electronic Service, blog available on the Website at https://blog.bodychief.pl/ and operated by the Service Provider for all visitors of the Website.
   3. BODYCHIEF – collectively BodyChief Website and BodyChief Application.
   4. PRICELIST – the pricelist of Services available on the Website.
   5. DIET, SERVICE – the service that involves the preparation and delivery of meals or juices detailed on the Website within dietary catering, rendered by the Service Provider on terms and conditions set out herein and in the Service Contract executed according to these Regulations.
   6. DIET WITH MENU SELECTION – a type of Diet available in BodyChief marked as "Menu Selection 3 Meals" or "Menu Selection 5 Meals". Specific terms and conditions, which are set out in Annex 2 to the Regulations, shall apply for its purchase and completion.
   7. WORKING DAY – any day from Monday to Saturday.
   8. ORDER FORM – an E-Service that consists of an interactive form available on the Website that can be used by Customers to place an Order for the Service, in particular by adding Services to the electronic basket and determining the conditions of rendering the Service, including its type, quantity, and time as well as selecting a delivery method or collection and payment mode.
   9. CUSTOMER – (1) an individual who is fully capable of taking legal actions, and in cases provided for in generally applicable laws, also an individual with a limited capacity to take legal actions; (2) an incorporated entity; or (3) an organizational unit without an incorporated status who is given a legal capacity under a statute; who has made or intends to make a Service Contract with the Seller.
   10. CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended).
   11. CUSTOMER ACCOUNT, ACCOUNT – an E-Service, an e-amount on the Website that is the collection of resources and functionalities determined with an individual e-mail address and password, available in the IT system of the Service Provider, in which data given by the Customer is collected together with information about the Customer’s activities on the Website using its functionalities, in particular information on any Orders placed and Services purchased by the Customer. The Customer’s Account is common for the Website and the Application.
   12. PACZKOMAT® OR MACHINE - an electronic depository cabinet with controlled temperature of 2-6 degrees Celsius, enabling the customer to pick-up the purchased Diet, in the self-service way, from the machine selected when placing the Order. This machine is operated and made available by Integer.pl S.A. with its headquarters in Kraków at ul. Pana Tadeusza 4, 30-727 Kraków (District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Reister KRS no. 0000276519, Tax Id. No. (NIP): 678-28-81-784, Business Reg. No. (REGON) 356590980, with paid-up share capital of PLN 17,541,213.00). More information on the forms of operation and location of machines is available on the website of Inpost https://inpost.pl/, which is dedicated to Devices.
   13. NEWSLETTER – Electronic Service , electronic distribution service being provided by the Service provider by means of electronic mail (e-mail) and of SMS, which makes it possible for all the service recipients to receive automatically cyclical tenors of the successive editions of the newsletter to the indicated e-mail address or to the indicated telephone number, which contains the information about new Services, functionalities and news in the Internet Service/ on the Web Site, about new entries on the blog of the Web Site, about advices and hints, about promotions, invitations to fill in the questionnaires of the Service provider, the discount codes for the Services, greetings on occasion of public holidays and invitations to events or to actions organized or recommended by the Service provider
   14. COPYRIGHT – the Polish Copyright and Derivative Rights Act of 4 February 1994 (Journal of Laws No. 24, Item 83, as amended).
   15. BP PICK-UP POINT - a collection point located at selected BP petrol stations in Poland. It enables the Customer to collect the purchased Diet. When placing an Order you may find the available BP Pick-Up Points in the Form in the section of delivery details.
   16. REGULATIONS – these Regulations on using the Website and Services.
   17. WEBSITE, SERVICE, BODYCHIEF – the website of the Service Provider available at https://bodychief.pl, including its subdomains.
   18. DELIVERY ZONE – the area in which the Service is delivered, indicated in the information tab on the Website and covering main cities and surrounding towns. The possibility to deliver the Order to an exact delivery address within this area as specified by the Customer when placing the Order is confirmed by the Service Provider when accepting the Order. Additionally, the Customer is notified whenever a delivery cannot be made to the specified address.
   19. E-SERVICE – a service rendered by electronic means by the Service Provider for the Customer via the Website according to these Regulations.
   20. SERVICE CUSTOMER – (1) an individual who is fully capable of taking legal actions, and in cases provided for in generally applicable laws, also an individual with a limited capacity to take legal actions; (2) an incorporated entity; or (3) an organizational unit without an incorporated status who is given a legal capacity under a statute, who is using or intends to use the E-Services available on the Website.
   21. SERVICE PROVIDER, SELLER – BODY CHIEF SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wysogotowo, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000713725, the registry court where the Company's documentation is kept: District Court for Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, having its registered office and address for service at: ul. Grzybowa 10, 62-081 Wysogotowo, share capital in the amount of PLN 100,000, Tax Id. No. (NIP): 7792479825, Business Reg. No. (REGON): 369298976, e-mail address: [email protected], contact phone number: 607 414 441 (basic telephone rate for phone calls - the call is charged according to the operator’s tariff), contact form is available at: https://bodychief.pl/kontakt; additional e-mail addresses and contact numbers can be found in the website in the "Contacts" tab and in the Application in the Settings-> Contact tab.
   22. CONSUMER RIGHTS ACT, THE ACT – the Polish Act on the Consumer’s Rights of 30 May 2014 (Journal of Laws of 2014, Item 827, as amended).
   23. ORDER – a declaration of intent by the Customer given in the Order Form and aimed directly at executing a Service Contract with the Seller.

3. GENERAL TERMS AND CONDITIONS OF USING THE WEBSITE

1. The Service Customer shall use the BodyChief Service according to its purpose, these Regulations, and applicable rules of law and general practice, having respect for the personal rights, particulars, copyrights, and intellectual property of the Service Provider, other Service Customers, Customers, and third parties. The Service Customer shall not provide any illegal content to the Website.
2. The administrator of personal data being processed in the Internet Service/ on the Web Site in connection with the execution of the provisions of the present Regulations is the service provider. The personal data are processed for the purposes, within the scope and based on the grounds and principles indicated in the privacy policy published on the Web Site. The privacy policy contains first of all the principles related to the processing of personal data by the Administrator in the Internet Service/ on the Web Site, including the bases, purposes and the scope of personal data processing as well as the rights of the persons to whom they are related and also information related to the use of cookie files in the Internet Service/ on the Web Site and of analytical tools. The use of the Internet Service/ Web Site is voluntary. Similarly, the indication of personal data, which is connected with it, by the user of the Internet Service/ Web Site is voluntary subject to the exceptions indicated in the privacy policy (conclusion of the contract and the statutory obligations of the Service provider).
3. The following technical requirements apply to using the BodyChief Service (including the use of Electronic Services via the Website): (1) a PC, a laptop, a tablet, a smartphone or another multimedia device with the Internet access; (2) access to e-mail; (3) an Internet browser: Mozilla Firefox 20.0 or higher (stable), Google Chrome 25.0. or higher (stable); (4) activated Cookies in the browser and Javascript; (5) minimum resolution 1280x1040 px.
4. The technical requirements necessary for the proper launch and use of the Application (including the use of Electronic Services via the Application): (1) a smartphone with active Internet access; (2) the Android system from version 5.0x to the latest version available on the market or the iOS system from version 10.0 to the latest one on the market. Also, in order to create a Service Recipient Account, it is necessary to have an e-mail address and access to e-mail.
5. BodyChief Application is available for download on websites and applications in App Store and Google Play. The Service Provider informs about Application updates and provides them via the App Store and Google Play applications. The available update shall be installed by the Service Recipient on his or her device within a reasonable time from its releasing in accordance with the instruction manual of the given device. Lack of update installation may cause Application malfunctioning, information on the update scope and the consequences of not installing it is provided in the description of the given update. Moreover, information on the required Application update is present in the Application itself, when the update becomes available for download and installation.
6. Downloading the Application is free, with the reservation that the costs of data transmission during downloading and the use of the Application are covered by the Service Recipient using the Application on the basis of a contract concluded with the entity providing such services to its benefit.
7. To start using the Application it is necessary to download and install the Application on the Service Recipient’s device and to have an Account, or to create one if necessary.
8. A detailed scope of the Application’s functionalities and the principles of their operation are defined in the Application in the Settlings-> Help tab.
9. The Application may be used for an indefinite period. The Service Recipient may at any time and without stating a reason stop using the Application by uninstalling or removing it on their own from his or her device in accordance with the device's user manual. Uninstalling or removing the Application from one’s device does not lead to the Account’s deletion - in order to delete it, the Service Recipient may at any time and without stating a reason send the Application’s owner the relevant request, in particular via e-mail to: [email protected] or in writing to: ul. Grzybowa 10, 62-081 Wysogotowo. The Service Recipient may also cease to use the Account by deleting their Account using the options available within such Account (both through the Bodychief Website and the Application). Deleting an Account does not affect the processing of previously purchased Services.

4. TERMS AND CONDITIONS OF USING THE ORDER FORM

1. This section of the Regulations specifies the terms and conditions for using the Order Form, provided that, in the case of the Diet with Menu Selection, specific terms and conditions, which are set out respectively in Annex 2 to the Regulations, shall apply.
2. The Service Customer does not need to have an Account or to log into an Account in order to use the Order Form to place an Order on Bodychief Website. However, it is necessary to have and to log into the Account in case the Service Recipient uses the Order Form through the Application. If the Service Customer has an Account or opens an Account when placing an Order with the Order Form, the history of any placed Orders will be recorded in the Account.
3. Using an Order Form starts when the Service Customer begins to fill it in on the Website or in the Application by selecting a type of Service and determining the other terms and conditions of rendering Services out of the options available in the Order Form.
4. An Order is placed with the Order Form after the Customer takes the following two steps: (1) filling in the Order Form and (2) clicking the ‘I order and pay’ field on the Website or in the Application after filling in the Order; before this moment, the Service Customer can modify any introduced data or discontinue placing the Order.
5. The Customer has to provide the following data in the Order Form: the Customer’s full name and the address for the Service delivery (street, house/flat number, post-code, town/city), optionally, if the Order Form provides such a possibility for a given delivery address of the Service, the place of personal pick-up from the Machine (location of the Machine), an address for weekend/holiday deliveries, an e-mail address, a phone number, preferred times of deliveries out of the times available in the Order Form (does not apply to the Machine Collection Service, in which the Diet can be collected within 12 hours from the moment the package is placed in the Machine) and data concerning the Service rendition: the type of Service, quantity, a period and an initial date of the Service, a payment mode. If the Customer is not a consumer, it is also necessary to enter the name of business, business address (if different than the delivery address) and its tax identification number. Before placing an Order, the Customer is also obliged to specify, by checking the appropriate checkbox, the status of the placed Order. It is possible to choose a consumer (private) purchase ("Buy as a private person" checkbox) or a business (non-consumer) purchase ("Buy as a business" checkbox). The selected option is binding for the Seller and the Customer as it is not possible to change the Order status after placing it.
6. The Customer may provide their data or data of other persons that will use the Diet on the Order Form – such other persons will not become Customers or Service Customers within the meaning of the Terms and Conditions and the Customer will remain a party to the Services Agreement concluded with the Seller; the Customer is obliged to have legal grounds required by law to provide data of other persons using the Diet on the Order Form (e.g. consent) and to provide such data to the Seller for the purpose of Diet delivery.
   The Order Form E-Service is rendered free of charge. This service is one-off and is finished when the Order is sent via the Service or upon the earlier discontinuation of placing the Order by the Service Customer.

5. TERMS AND CONDITIONS OF USING AN ACCOUNT

1. To start using an Account, the Service Customer has to take the following three steps: (1) fill in the registration form, (2) click the action field, and (3) confirm the intention to open the Account by clicking a confirmation link sent to the e-mail address provided.
2. The Service Customer has to provide the following data in the registration form: full name, e-mail address, phone number, password and data concerning the rendition of the Services: an address of Service (street, house/flat number, post code, town/city), an address for weekend/holiday deliveries, and preferred times of deliveries out of the available times. In the case of Account registration through the Application, it is necessary to provide additional information about the region (within the Delivery Zone) and additionally if the Service Recipient does not specify the address for weekend/holiday deliveries, the address for such deliveries will be selected by default – the data provided (including the region within the Delivery Zone) may be changed by the Service Recipient using the options available in the Application in the Settings tab.
3. An Account can be opened also when placing an Order through the Website using the Order Form; in this case, it is necessary to tick a relevant checkbox and enter an additional password.
4. The Service Customer may have one Account on the Website at a time. The Account of the Service Recipient is common for the Website and the Application. The Service Recipient is obliged not to make their Account available (including login data) to third parties and to use the Account and place Orders on its own. The Service Customer shall update its data given in the Account whenever they change.
5. The Account E-Service is rendered free of charge and for an indefinite term. The Service Customer may close the Account, at any time and for convenience, by sending a relevant request to the Service Provider, in particular to the e-mail address: [email protected] or in writing to: ul. Grzybowa 10, 62-081 Wysogotowo, Poland. Moreover, the Service Customer may withdraw from any further use of the Account by deleting the Service Customer Account using the options available in the Account. Deleting the Account does not affect the rendition of any Services purchased beforehand.
6. The Service Provider is obliged to provide Electronic Services and Services without defects.

6. PLACING AN ORDER AND EXECUTING A SERVICE CONTRACT

1. This section of the Regulations specifies the terms and conditions for placing an Order and concluding a contract for the provision of the Service, provided that, in the case of the Diet with Menu Selection, specific terms and conditions, which are set out respectively in Annex 2 to the Regulations, shall apply.
2. To execute the contract on rendering the Service by the Seller for the Customer, the Customer has to place an Order and the Seller has to be confirm and accept its receipt on terms and conditions set out herein.
3. The price of the Service displayed on the Website or in the Application is given in Polish zloty and is the total price, i.e. it includes taxes, delivery and collection costs, fees subject, however, to the optional fee for alternative packaging referred to in section 6 point 4 of the Regulations; the fee for this alternative packaging is first shown separately when placing an Order and then (if the Customer selects such an option) it is included in the price of the Service in the summary of the entire Order) and other costs necessary to provide the Service. If the Contract for the provision of the Service is concluded via e-mail, information on the total price is given to the Customer via e-mail before the Contract is concluded.
4. The Service Provider ensures the availability of alternative packaging to single-use plastic products . The Customer who would like to receive the Diet in alternative packaging referred to above (in this case the Service Provider provides cellulose packaging suitable for a part of Diets or glass packaging suitable for all Diets) can select the available option when placing an Order. Alternative packaging is subject to an additional fee in accordance with the information provided in the Order process. The Service Provider does not collect, accept or re-use alternative packaging previously delivered to the Customer. The Customer might use it again on their own.
5. An Order may be placed by the Customer using the Order Form according to section 6 hereof or via an e-mail by sending a message to [email protected] or to other e-mail addresses given on the Website in the ‘Contact’ tab or in the Application in the Settings->Contact tab. An order placed via e-mail should contain the same data as the Order placed using the Order Form; if any information is missing or has to be supplemented, the Seller shall request the Customer to provide them.
6. The order may be placed by the Customer at any time, subject to restrictions regarding the following dates of the Service implementation:
   1. Christmas Eve and Christmas - the Customer may place an Order by December 22 of a given year by 6:00 p.m. In this case the Service Provider will deliver the product on Christmas Eve. The Customer may order the Service only for Christmas Eve (December 24), only for Christmas (December 25 and 26) or for both Christmas Eve and Christmas;
   2. December 27 - the Customer may place an Order by December 24 of a given year by 12:00 a.m.;
   3. December 31 - January 2 - the Customer may place an Order by December 29 of a given year by 6:00 p.m. In this case the Service Provider will deliver the product on December 31. The Customer may order the Service only for December 31 (one day), only for December 31 and January 1 (two days) or for the period from December 31 to January 2 (3 days);
   4. January 3 - the Customer may place an Order by December 31 of the previous year by 12:00 a.m.;
   5. Easter (i.e. Holy Saturday, Easter Sunday and Easter Monday) - the Customer may place an Order by Holy Thursday of a given year by 6:00 p.m. In this case the Service Provider will deliver the product on Holy Saturday. The Customer may order the Service for 1, 2 or 3 days, but each Order must start on Holy Saturday (the Service cannot be ordered only for Easter Sunday or Easter Monday. Tuesday after Easter - the Customer may place an Order by Holy Saturday by 2:00 p.m.
7. After the Order is placed, the Seller shall confirm its receipt forthwith and accept it, which implies execution of the Service Contract. The Service is started depending on the date of the Service commencement specified in the received Order and on making the payment by the Customer according to the terms and conditions given herein.
8. The receipt of the Order is confirmed and the Service Contract is executed when the Seller sends a relevant e-mail to the Customer’s e-mail address given by the Customer when placing the Order. The message shall include a declaration of the Seller on receiving the Order and executing the Service Contract.
9. The Service (of deliveries, including deliveries to a selected BP Pick-Up Point or to a selected Paczkomat®) is initiated on the date of the Service commencement specified in the accepted Order, subject to the following rules:
   1. (Monday - Thursday) - if the Seller’s bank account or a settlement is credited with the Customer's payment for the Service on a working day from Monday to Thursday by 6:00 p.m., the Service shall begin on the second working day after the account is credited (e.g. when the payment is credited on Wednesday at 5:00 p.m., the implementation may take place on Friday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   2. (Monday - Thursday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on a working day from Monday to Thursday after 6:00 p.m., the Service shall begin on the third working day after the account is credited (e.g. when the payment is credited on Wednesday at 7:00 p.m., the implementation may take place on Saturday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   3. (Friday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Friday by midnight, the Service shall begin on the second working day after the account is credited (e.g. when the payment is credited on Friday at 7:00 p.m., the implementation may take place on Monday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   4. (Saturday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Saturday by 2:00 p.m., the Service shall begin on the next working day after the account is credited (e.g. when the payment is credited on Saturday at 1:00 p.m., the implementation may take place on Monday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   5. (Saturday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Saturday after 2:00 p.m., the Service shall begin on the third working day after the account is credited (e.g. when the payment is credited on Saturday at 3:00 p.m., the implementation may take place on Wednesday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   6. (Sunday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Sunday by midnight, the Service shall begin on the third working day after the account is credited (e.g. when the payment is credited on Sunday at 7:00 p.m., the implementation may take place on Wednesday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order.
10. The Service Contract shall be recorded, secured and made available to the Customer by (1) providing these Regulations on the Website or in the Application and (2) e-mailing to the Customer the terms and conditions of the executed Contract to the address given by the Customer. The provisions of the Service Contract shall be additionally recorded and secured in the IT system of the Service Provider’s Website.
11. The Customer who is a consumer requests BodyChief, by accepting the Regulations, to issue invoices for the Services provided by BodyChief.
12. The Customer agrees to receive electronic invoices generated by BodyChief, in the form of a PDF (Portable Document Format) file, to the e-mail address provided by the Customer while placing the Order.
13. The Customer shall have the right to propose to the Service Provider a change of the terms and conditions of rendering the Service and to change the same upon mutual agreement and acceptance with the Service Provider of any such changed terms and conditions.

7. METHODS AND DEADLINES OF PAYMENTS FOR THE SERVICE

1. This section of the Regulations specifies the methods and terms of payment for the Service, provided that, in the case of the Diet with Menu Selection, specific terms and conditions, which are set out respectively in Annex 2 to the Regulations, shall apply.
2. The following methods of payment under the Service Contract are available to the Customer:
   1. A payment with a wire transfer to the bank account of the Seller.
   2. An electronic payment and a card payment via the Przelewy24 system, and in the case of the Application also the so called Oneclick Payment. The payment methods available in the Przelewy24 system in Bodychief are each time indicated before making the payment under the contract for the provision of the Service using the Przelewy24 system, the Service Recipient may obtain information in this regard also by contacting the Service Provider using the data indicated in section 9 of the Regulations.
   3. Payment using the voucher.
3. Customer’s payment by payment card can be made only with cards accepted by PayPro SA with its registered office in Poznań and within the validity period specified on the card. PayPro SA provides real-time (on-line) authorization of payment cards of the VISA, MASTERCARD and Maestro systems and of VISA Electron cards if the bank accepts such an option. In accordance with the terms and conditions of the Service Provider's cooperation with PayPro SA in the field of payment card acceptance in the PayPro SA authorization and settlement system: (1) payments made with cards issued outside the Polish territory, and valid only in another country, may not be processed; (2) all card payments are authorized (i.e. a card cannot be accepted without the approval of the bank which issued it); (3) the minimum limit for card payment is PLN 0.01, and the maximum limit is PLN 4,000.00 per day while using the same card; (4) payments will not be made in the case of an invalid payment card, a blocked payment card or problems with obtaining payment authorization.
4. Oneclick Payment is made available via the Przelewy24 system belonging to PayPro SA with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań (KRS no. 0000347935) and it enables the Customer to make payments under the BodyChief Service contract with a single click, without the need to provide full card details when making subsequent payments via the Przelewy24 system. This solution enables us to reduce the number of steps in the payment process. The use of Oneclick Payment in Bodychief requires the Customer to give their consent to saving their card details by the Przelewy24 system while making the first payment. For security reasons, every Oneclick Payment made through the Przelewy24 system is carried out using three-domain authorization (3D-Secure). The Customer may withdraw their consent to Oneclick Payment. The resignation containing the name of the store and the Seller (i.e. Bodychief and Body Chief Sp. z o.o.), the Customer’s full name and e-mail address can be submitted directly to the payment processor:
   1. in writing – personally at the registered office of Przelewy24 (registered office’s address: ul. Pastelowa 8, 60-198 Poznań) or by post to the registered office address,
   2. orally – by phone at: +48 61 642 93 44 or personally to the protocol while visiting PayPro SA registered office,
   3. electronically – in the form of an e-mail sent to [email protected] or by using a contact form available at www.przelewy24.pl
5. If the Customer chooses to pay by a wire transfer to the bank account of the Seller, the Seller shall allocate an individual bank account number to the Customer for such transfers and shall e-mail the number to the Customer after the Order is placed and by making such information available in the Service Customer Account.
6. If the Customer pays through the Przelewy24 system (electronic payments or payment card transactions, including the so called Oneclick Payments), such payments shall be handled by PayPro SA with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000347935, kept by the District Court for Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division, Tax Id. No. (NIP): 7792369887, with paid-up share capital of PLN 5.476.300,00, and to the Register of National Payment Institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014.
7. The Customer shall make a payment for the Service no later than by 6:00 p.m., two working days before the date of the Service commencement specified in the accepted Order with the exception of Services performed on Monday, in this case, the Customer shall make a payment for the Service no later than by 2:00 p.m. one working day prior to the date of the Service commencement (i.e. until 2:00 p.m. on Saturday).

8. COSTS, METHODS AND DEADLINES OF PROVIDING SERVICES TO THE CUSTOMER

1. This section of the Regulations specifies the cost, methods and period of Service delivery to the Customer, provided that, in the case of the Diet with Menu Selection, specific terms and conditions, which are set out respectively in Annex 2 to the Regulations, shall apply.
2. The delivery within the Service is available in the area indicated in the information tab on the Website - in the main cities and surrounding towns (Delivery Zone). The exact delivery address within this area as specified by the Customer when placing the Order is confirmed by the Service Provider when accepting the Order. Additionally, when placing the Order, the Customer is notified by means of a suitable message whenever a delivery cannot be made to the specified address.
3. The Customer may choose the option of personal pick-up of the Diet at the selected in the Order Form BP Pick-Up Point (if the Order delivery area, selected by the Customer, provides for such a possibility). The Customer, while collecting the Diet personally, will be obliged to provide the employee of the BP Pick-Up Point with an individual, previously received, pick-up code, which is sent by the Seller on the day when the Customer places the Order to the contact number provided by the Customer in the Order Form. The Customer may collect the Diet at the selected BP Pick-Up Point between 6:00 a.m. and 12:00 a.m.
4. The Customer may choose the option of personal pick-up of the Diet from Paczkomat® of his choice when placing the Order (if the Order Form provides such a possibility). The Seller declares that if the Customer decides to pick up the Diet from Paczkomat® and the deliverer finds its breakdown on the day the Diet is delivered to the Customer, the Diet will be delivered immediately, by 12:00 a.m. on the same day, to the Customer's delivery address previously indicated in the Order Form.
5. The cost of delivery and collection from BP Pick-Up Point or from Paczkomat® is included in the price of the Service.
6. The delivery, including delivery to a selected BP Pick-Up Point or Paczkomat®, is made directly by the Seller or as subcontracted by the Seller.
7. The delivery or collection from BP Pick-Up Point or from Paczkomat® are made according to the executed Service Contract, starting from the day, for the term and to the address given in the Service Contract, subject to the following sentence. The Service (delivery, including delivery to a selected BP Pick-Up Point or Paczkomat®) is initiated according to the Order received for performance according to the following rules:
   1. (Monday - Thursday) - if the Seller’s bank account or settlement account is credited with the Customer's payment for the Service on a working day from Monday to Thursday by 6:00 p.m., the Service shall begin on the second working day after the day the account is credited (e.g. when the payment is credited on Wednesday at 5:00 p.m., the implementation may take place on Friday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   2. (Monday - Thursday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on a working day from Monday to Thursday after 6:00 p.m., the Service shall begin on the third working day after the day the account is credited (e.g. when the payment is credited on Wednesday at 7:00 p.m., the implementation may take place on Saturday at the earliest), however not earlier than on the day of the Service commencement date inicated in the accepted Order;
   3. (Friday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Friday by midnight, the Service shall begin on the second working day after the day the account is credited (e.g. when the payment is credited on Friday at 7:00 p.m., the implementation may take place on Monday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   4. (Saturday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Saturday by 2:00 p.m., the Service shall begin on the next working day after the day the account is credited (e.g. when the payment is credited on Saturday at 1:00 p.m., the implementation may take place on Monday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   5. (Saturday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Saturday after 2:00 p.m., the Service shall begin on the third working day after the day the account is credited (e.g. when the payment is credited on Saturday at 3:00 p.m., the implementation may take place on Wednesday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order;
   6. (Sunday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Sunday by 2:00 p.m., the Service shall begin on the second working day after the day the account is credited (e.g. when the payment is credited on Sunday at 1:00 p.m., the implementation may take place on Tuesday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order.
   7. (Sunday) if the Seller's bank account or settlement account is credited with the Customer's payment for the Service on Sunday by 2:00 p.m., the Service shall begin on the third working day after the day the account is credited (e.g. when the payment is credited on Sunday at 3:00 p.m., the implementation may take place on Wednesday at the earliest), however, not earlier than on the day of the Service commencement date indicated in the accepted Order.
8. The Delivery, including delivery to a selected BP Pick-Up Point or Paczkomat®, is made on Working Days at times given in the Order Form. The Customer may stipulate the preferred delivery times within the time frame available in the Order Form; however, such times shall not be binding for the Seller. The Seller may make a delivery within the whole stipulated time frame. In the case of delivery to a selected BP Pick-Up Point, the diet can be collected on the day of delivery between 6:00 and 12:00 a.m. (in this case, the Customer will receive an individual pick-up code on the day of placing the Order to the contact number provided by the Customer in the Order Form, which the Customer will be obliged to give to the employee of the BP Pick-Up Point). In the case of delivery to a selected Paczkomat®, the Diet can be collected within 12 hours from the moment of its delivery (in this case, the Customer receives a notification, informing that the Diet is already placed in Paczkomat®, together with a pick-up code to the e-mail address and telephone number. If the Service also covers days other than Working Days, the delivery of meals on such days within the Service shall be made on the last Working Day preceding such days, unless the Service Provider and the Customer agree otherwise.

9. CONTACT WITH THE SERVICE PROVIDER

The main form of remote communicating with the Service Provider is e-mail (to: [email protected] and other contact e-mail addresses given in the ‘Contact’ tab on the Website or in the Application in the Settings-> Contact tab) as well as regular post (to: ul. Grzybowa 10, 62-081 Wysogotowo, Poland). The Customer may exchange information using such means of communication concerning the use of BodyChief and Services rendered by the Seller. Customers may contact us also using other legal means of communication.

10. COMPLAINT HANDLING PROCEDURES

1. This point 14 of the Regulations defines the complaint handling procedure applicable to all complaints submitted to the Service Provider, in particular complaints regarding the Services, Electronic Services and other complaints related to the operation of the Service Provider or Bodychief.
2. A complaint might be submitted, for instance:
   1. electronically, via e-mail to the following address: [email protected];
   2. in writing to the following address: ul. Grzybowa 10, 62-081 Wysogotowo;
3. It is recommended by the Service Provider to specify the following information while making a complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) the content of the request; and (3) contact details of the complainant as this facilitates and accelerates the process of complaint handling. The requirements set out in the previous sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
4. If the person lodging the complaint changes contact details during the process of complaint handling, this person is obliged to notify the Service Provider thereof.
5. The complaint may be accompanied by evidence (e.g. photos or documents) related to the subject of the complaint. The Service Provider may also ask the complainant to provide additional information or send evidence (e.g. photos) if this facilitates and accelerates the process of complaint handling by the Service Provider.
6. The Service Provider shall reply to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. The goods are in conformity with the agreement if, in particular:
   1. their description, type, quantity, quality, completeness and scopefunctionality are in conformity with the agreement;
   2. their fitness for a particular purpose for which they are needed by the Consumer is compliant, about which the consumer notified the Seller at the latest at the moment of the agreement conclusion and which was accepted by the Seller.
8. Furthermore, in order to consider the goods in conformity with the agreement, they need to:
   1. fit the purposes for which this type of goods are normally used, taking into account applicable laws, technical standards or good practices;
   2. be present in such quantity and have such characteristics, including durability and safety, which are usual for this type of goods and correspond the Customer’s reasonable expectations, taking into account the nature of the goods and the public assurance given by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller demonstrates that:
      1. he or she was not aware of the public assurance in question and, judging reasonably, could not have been aware of it,
      2. before concluding the agreement, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner,
      3. the public assurance did not influence the Consumer's decision to conclude the agreement;
   3. be supplied with packaging, accessories and instructions that the Consumer may reasonably expect;
   4. be of the same quality, as the sample or design made available to the Consumer by the Seller before concluding the agreement and correspond to the description of such sample or design.
9. The Seller is not liable for the non-conformity of the goods with the agreement to the extent referred to in point 8 if the Consumer, at the latest at the moment of concluding the agreement, has been clearly informed that a specific feature of the goods deviates from the requirements of conformity with the agreement specified in point 8, and expressly and separately accepted the lack of a specific feature of the goods.
10. The Seller is liable for the non-conformity of the goods with the agreement existing at the time of its delivery and disclosed within two years from that moment unless the shelf life of the goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. The non-conformity of the goods with the agreement, which became apparent within two years from the delivery date of the goods, is presumed to have existed at the time of delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specific nature of the goods or the nature of the non-conformity of the goods with the agreement.
11. The Seller cannot rely on the expiry of the period for determining the non-conformity of the goods with the agreement specified in point 10 if the non-conformity was fraudulently concealed by the Seller.
12. If the goods are not in conformity with the agreement, the Consumer may request that the goods are replaced or repaired.
13. The Seller may exchange the goods when the Consumer requests repair or the Seller may repair the goods when the Consumer requests replacement, if bringing the goods into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the agreement.
14. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the non-conformity of the goods with the agreement, the value of the goods in conformity with the contract and excessive inconvenience to the Consumer resulting from a change in the manner of bringing the goods into conformity with the agreement.
15. The Seller shall repair or replace the goods within a reasonable period and without excessive inconvenience to the Consumer from the moment when the Seller is informed by the Consumer about the non-conformity with the agreement, taking into account the specificity of the goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
16. The Consumer provides the Seller with goods that are subject to repair or replacement. The Seller collects the goods from the Consumer at their own expense.
17. If the goods had been installed before the non-conformity of the goods with the agreement was discovered, the Seller dismantles the goods and reassembles them after repair or replacement, or commissions these activities to be performed at their own expense.
18. The Consumer is not obliged to pay for the normal use of goods which have subsequently been replaced.
19. If the goods are not in conformity with the agreement, the Consumer may submit a declaration of price reduction or withdrawal from the agreement when:
    1. the Seller refused to bring the goods into conformity with the agreement in accordance with point 13;
    2. the Seller did not bring the goods into conformity with the agreement in accordance with point 15-17;
    3. the non-conformity of the goods with the agreement continues even though the Seller has tried to bring the goods into conformity with the agreement;
    4. the non-conformity of the goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without first using the protection measures specified in point 12-18;
    5. it is clear from the Seller's declaration or circumstances that they will not bring the goods into conformity with the agreement within a reasonable period or without excessive inconvenience to the Consumer.
20. If the price resulting from the agreement is reduced, the reduction must be performed in the same proportion which is present between the value of the goods not in conformity with the agreement and the value of the goods in conformity with the agreement.
21. The Seller immediately refunds to the Consumer the amounts due as a result of exercising the right of price reduction, no later than within 14 days from the date of receipt of the Consumer's price reduction declaration.
22. The Consumer may not withdraw from the agreement if the non-conformity of the goods with the agreement is immaterial. It is presumed that the non-conformity of the goods with the agreement is material.
23. If the non-conformity concerns only a part of the goods supplied under the agreement, the Consumer may withdraw from the agreement only in respect of those goods and also in respect of other goods purchased by the Consumer together with the goods not in conformity with the agreement if the Consumer cannot be reasonably expected to agree to retain only the goods which are in conformity with the agreement.
24. In the case of withdrawal from the agreement, the Consumer shall immediately return the goods to the Seller at the Seller’s expense. The Seller immediately returns the price to the Consumer, no later than within 14 days from the date of receipt of the goods or proof of their return.
25. The Seller refunds the price using the same method of payment as used by the Consumer unless the Consumer expressly agrees to a different method of refund which does not involve any costs for him or her.
26. Provisions regarding the Consumer included in points 7-25 of the Regulations, also apply to the Customer who is a natural person concluding an agreement directly related to his or her business activity if the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the scope of their business activity, made available on the basis of the Central Register and Information on Business Activity regulations.
27. The Seller's liability under the warranty is excluded towards entrepreneurs. The rule does not apply to entrepreneurs referred to in point 26.

11. OUT-OF-COURT PROCEDURES AND RULES OF HANDLING COMPLAINTS AND CLAIMS

1. This section of the Regulations shall apply exclusively to Service Recipients and Customers who are consumers.
2. Out-of-court procedures of resolving disputes include: (1) allowing the parties to reconcile their positions, e.g. through mediation; (2) offering a solution to the dispute, e.g. through conciliation, and (3) settling the dispute and imposing its solution on the parties, e.g. as part of arbitration (arbitration court). Detailed information on the consumer Customer’s possibility to use out-of-court methods of handling complaints and pursuing claims, the rules to access these procedures and a friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
3. There is a contact point at the President of the Office of Competition and Consumer Protection whose task is, among other issues, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer may contact the point: (1) by phone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to the following address: [email protected] or (3) in writing or in person - at the Office's Head Office at Plac Powstańców Warszawy 1 in Warsaw (Warszawa) (00-030).
4. The consumer has the following exemplary possibilities of using out-of-court procedures of handling complaints and pursuing claims: (1) lodging an application for dispute settlement to a permanent amicable consumer court; (2) lodging a request for out-of-court dispute resolution to the voivodeship inspector of the Inspection; or (3) requiring assistance from the powiat (municipal) consumers spokesperson or social organisation, whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers). Advice is provided, for instance, by e-mail at the address [email protected] and at the consumer helpline number 801 440 220 (the helpline is open on working days, from 8:00 a.m. to 6:00 p.m., the call is charged according to the operator’s tariff).
5. A platform of an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at: http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (further information on the platform website itself or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html)

12. STATUTORY WITHDRAWAL FROM THE CONTRACT BY THE CUSTOMER

1. The consumer is not entitled to withdraw from a distance contract if the contract concerns: (1) the provision of services for which the consumer is obliged to pay the price if the entrepreneur has fully performed the service with the consumer’s prior express consent, who was informed before the service commencement that after the performance of the service by the entrepreneur he or she would lose the right to withdraw from the contract, and acknowledged it; (2) the supply of a service of a non-prefabricated product, manufactured according to the consumer's specifications or made to satisfy his or her individual needs; (3) the supply of goods which are liable to deteriorate or expire rapidly; (4) the supply of goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (5) the supply of goods which, due to their nature, are inseparably connected with other goods after delivery; (6) the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; and (7) the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price if the entrepreneur has begun the service with the consumer’s prior express consent, who was informed before the service commencement that after the performance of the service by the entrepreneur he or she would lose the right to withdraw from the contract, and acknowledged it, and the entrepreneur provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Act on Consumer Rights.
2. Subject to section 12 point 1 hereof, the consumer who has made a distance contract may withdraw from the contract within 14 calendar days for convenience and without incurring any costs, subject to section 12 point 3 hereof. In the case of the withdrawal from a distance contract, the contract shall be considered not concluded.
3. If the performance of the service has commenced, at the express request of the consumer, before the expiry of the contract withdrawal period, the consumer who exercises the right to withdraw from the contract, after submitting such a request, is obliged to pay for the services provided until the moment of the withdrawal from the contract. The amount to be paid is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating the amount is the market value of the service provided.
4. In order to meet the deadline for withdrawing from the contract, it is sufficient to send a withdrawal declaration before its expiry. A withdrawal declaration may be given in writing to the following address: ul. Grzybowa 10, 62-081 Wysogotowo, Poland or by e-mail to: [email protected] or to the other contact e-mail addresses available in the ‘Contact’ tab on the Website or in the Application in the Settings -> Contact tab.
5. The withdrawal period begins: (1) for a contract in the performance of which the entrepreneur delivers an item, being obliged to transfer its ownership, from taking possession of the item by the consumer or a third party designated by the consumer other than the carrier, and in the case of a contract, which: (a) covers several items to be delivered separately, in lots or pieces, from possession of the last item, lot or piece; (b) involves the regular delivery of goods for a fixed period of time, from taking possession of the first item; (2) for other contracts, from the date of conclusion of the contract.
6. A contract withdrawal form given in Schedule 2 to the Act on Consumer Rights is enclosed as Annex 1 hereto. The consumer may use the model form, but it is not mandatory.
7. The provisions regarding the consumer, contained in this section 12 of the Regulations, shall apply from January 1, 2021 and, moreover, they are applicable for contracts concluded from that date with the Service Recipient or the Customer who is a natural person concluding a contract directly related to their business if the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the scope of their business activity, made available on the basis of the Central Register and Information on Business Activity regulations.

13. CONTRACTUAL WITHDRAWAL FROM THE AGREEMENT, AMENDMENTS TO THE AGREEMENT FOR THE PROVISION OF THE SERVICE

1. This section of the Regulations determines the contractual right to amend the ongoing agreement for the provision of the Service by the Customer and the right to withdraw from the agreement for the provision of the Service, reserved for both parties to this agreement, i.e. for the Seller and for the Customer, provided that, in the case of the Diet with Menu Selection, specific terms and conditions, which are set out respectively in Annex 2 to the Regulations, shall apply.
2. The Customer has the right to amend the ongoing agreement for the provision of the Service without giving any reason in accordance with the following rules:
   1. changes may be made by 6:00 p.m., two working days before a given date of the Service completion, subject to the following cases:
      1. a working day which is a Monday - in this case, the Customer may introduce changes by 2:00 p.m. one working day before the date of the Service commencement (i.e. until 2:00 p.m. on Saturday);
      2. Christmas Eve and Christmas - in this case, the Customer may introduce changes by December 22 of a given year by 6:00 p.m.;
      3. December 27 - in this case, the Customer may introduce changes by December 24 of a given year by 12:00 a.m.;
      4. December 31 - January 2 - in this case, the Customer may introduce changes by December 29 of a given year by 6:00 p.m.;
      5. Easter (i.e. Holy Saturday, Easter Sunday and Easter Monday) - in this case, the Customer may introduce changes by Holy Friday of a given year by 2:00 p.m.
   2. Changes may include: (1) change of the delivery address; (2) change of the delivery date (including the delivery time or postponing delivery to another day); (3) changes in the type of Diet; (4) calorific value changes. If the change of the type of Diet or calorific value includes a change from a cheaper to a more expensive option, the Customer is obliged to pay the price difference. The Seller will inform the Customer about the amount to be paid.
3. The Customer has the right to withdraw from the agreement for the provision of the Service without giving any reason in accordance with the following rules:
   1. changes may be made by 6:00 p.m., two working days before a given date of the Service completion, subject to the following cases:
      1. a working day which is a Monday - in this case, the Customer may withdraw from the agreement by 2:00 p.m. one working day before the date of the Service commencement (i.e. until 2:00 p.m. on Saturday);
      2. Christmas Eve and Christmas - in this case, the Customer may withdraw from the agreement by December 22 of a given year by 6:00 p.m.;
      3. December 27 - in this case, the Customer may withdraw from the agreement by December 24 of a given year by 12:00 a.m.;
      4. December 31 - January 2 - in this case, the Customer may withdraw from the agreement by December 29 of a given year by 6:00 p.m.;
      5. Easter (i.e. Holy Saturday, Easter Sunday and Easter Monday) - in this case, the Customer may withdraw from the agreement until Holy Friday of a given year by 2:00 p.m.
   2. In order to meet the deadline for withdrawing from the Contract, it is sufficient to send a withdrawal declaration before its expiry. A withdrawal declaration may be given in writing to: ul. Grzybowa 10, 62-081 Wysogotowo, Poland or by e-mail to [email protected] or to other contact e-mail addresses given in the ‘Contact’ tab on the Website or in the Application in the Settings-> Contact tab.
   3. The Seller shall immediately, and at the latest within 14 calendar days of receiving a withdrawal declaration from the Customer, return any payments made by the Customer. The Seller shall return any payments using the same method of payment as was used by the Customer, unless the Customer explicitly agrees on another method of returning the money that does not involve any additional costs for the Customer.
4. The Seller shall have the right to withdraw from the Service Contract for important reasons, it is: Customer’s request for delivery outside the Delivery Zone; (2) the inability to provide the Service in the hours specified by the Customer and lack of the Customer's acceptance of other available hours in the Order Form; or (2) the inability to provide the Service with the parameters specified by the Customer (this applies to the Customer’s modification of the Service available in the standard offer the performance of which the Seller renders impossible). The Seller may exercise his right to withdraw from the contract for the provision of the Service not later than 3 Working Days before the date of the Services commencement specified in an accepted Order. In the event of withdrawal from the contract, the Seller, at the Customer's request, is obliged to initiate negotiations with the Customer in order to offer the Customer a contract for the provision of the Service that can be performed by the Seller taking into account the Customer's wishes and current possibilities and offer of the Seller.
5. The Customer's contractual right to amend an ongoing Service agreement and the contractual withdrawal rights mentioned in this article of the Regulations are supplementary, voluntary and do not exclude, suspend or limit any other rights of the Customer provided for in the rules of law.

14. COPYRIGHTS

1. Copyrights and intellectual property rights in the Website as a whole and its elements, including content, graphics, works, patterns, and marks available within the Website, are the property of the Service Provider or other authorised third parties and are subject to copyright protection and other general rules of law. The protection of the Website encompasses all forms of their expression.
2. The Website shall be treated as any other work that is subject to copyright protection. The Service Customer shall not be authorised to copy the Website otherwise than in cases allowed in the applicable rules of law. The Service Customer agrees not to modify, adapt, translate, decode, decompile, disassemble, or otherwise determine the source code of the Website, otherwise than in cases allowed in the applicable rules of law.
3. The Service Recipient using the Application does not receive any copyrights to the Application. The Service Recipient is only granted - on the terms specified in the Regulations – a free, non-transferable, valid throughout the world and a non-exclusive license to use the Application in a manner consistent with its intended use, these Regulations, the law and good practice taking into account the respect for personal rights, personal data and copyrights and intellectual property of the Service Provider, other Service Recipients and third persons and parties.
4. As part of the license granted, the Service Recipient is entitled to use the Application by downloading, installing, updating, permanently or temporarily multiplying it in the Service Recipient’s mobile device’s memory, using it and displaying it to the extent necessary for the use of the Application in accordance with its intended use and only for its own non-commercial use. The license is granted upon installation of the Application and for the time of using the Application.
5. Trademarks of the Service Provider and any third parties shall be used according to the applicable rules of law.

15. TERMS AND CONDITIONS OF USING THE BLOG

1. To start using the Blog the user must go to the Website at https://blog.bodychief.pl/ - the Blog is available for all visitors of the Website and does not require providing any data or performing any actions.
2. Using the Blog is free of charge.
3. The Blog is operated by the Service Provider.
4. The Service Customer may, at any time and without stating a reason, stop using the Blog by closing the browser window or visiting another Website.
5. The Service Provider is obliged to provide Electronic Services and Services without defects.

16. TERMS AND CONDITIONS OF USING THE NEWSLETTER

1. The Newsletter is used free of charge. The Service Customer may subscribe for the Newsletter by ticking a relevant checkbox when placing an Order using the Order Form or when opening an Account using the registration form.
2. The Service Customer may resign from the Newsletter at any time and for convenience, by sending a relevant request to the Service Provider, in particular to the e-mail address: [email protected] or in writing to: ul. Grzybowa 10, 62-081 Wysogotowo, Poland. It is also possible to resign from the Newsletter by clicking the resignation link available in the Newsletter message.
3. The Service Provider is obliged to provide Electronic Services and Services without defects.

17. PROMOTIONS, VOUCHERS AND DISCOUNT CODES

1. The Seller reserves the right to make changes on the on-going basis to the prices of the Services and to carry out promotional campaigns provided that any changes in the prices of the Services shall apply from the moment they are entered into the Website and shall not apply to any Orders placed before such changes are entered and shall not violate any Service Contracts that have been already executed.
2. No promotional campaigns carried out by the Seller on the Website may be combined, unless the regulations of the campaign specify otherwise. The detailed information shall be given from time to time in the conditions and regulations of the campaign.
3. The following provisions concerning vouchers and discount codes shall apply, unless separate regulations of using a voucher or a discount code specify otherwise.
4. When filling in an Order Form, the Customer may enter a voucher or discount code. To do so, it is necessary to click the code field. If the Order is placed directly via e-mail, the Customer shall enter a voucher or discount code in the text of the e-mail.
5. A voucher has a specified value and entitles the Customer to use it on the Seller’s Website according to these Regulations, terms and conditions set out in the voucher, up to the value indicated therein. A voucher does not constitute a Service, but only a document which entitles the Customer to use it to make a payment on the Seller’s Website. It replaces funds for which Services are normally purchased on the Website.
6. A voucher holder shall be authorised to use it in accordance with these Regulations, terms and conditions set out in the voucher and the value indicated therein by purchasing a Service in Bodychief according to these Regulations subject to the following sentence. In case the holder of a voucher does not spend the whole value of the voucher in a single use, he or she may use it again until the whole value of a given voucher is spent in accordance with terms and conditions set out therein.
7. On the Website, a voucher shall replace funds of the value indicated therein in order to make a payment for the Service. The voucher cannot be exchanged for money.
8. The Customer may use a voucher also for a Service whose value exceeds the face value thereof; however, in this case the Customer shall pay the remaining part of the price using other means of payment available on the Website. If the value of the Service is lower than entered in the used voucher, the Customer shall not be entitled to receive a refund being the difference between the value of the Service and the value indicated in the voucher. In case the holder of a voucher does not spend the whole value of the voucher in a single use, he or she may use it again until the whole value of a given voucher is spent in accordance with terms and conditions set out therein.
9. A discount code is an individual code that entitles its holder to receive a one-off discount on the Services available on the Website of the value and in the period determined by the Seller when issuing the discount code. Using a discount code does not depend on the value of the sales contract. A discount code shall not apply to the Service described on the Website as a test service (Test Diet).
10. A discount code shall not be exchangeable for cash and entitles the Customer only to receive a one-off discount on the Services available on the Website.
11. The Customer may not use a promotion, a voucher, and a discount code at the same time. A discount code and a voucher shall not be combined with any other discount codes or vouchers.

18. PROVISIONS FOR BUSINESS CUSTOMERS

1. This point 19 of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a Consumer. In addition, from January 1, 2021 and for contracts concluded from that date, this point of the Regulations and all provisions contained therein are not addressed and thus do not bind the Customer or Service Recipient who is a natural person concluding a contract directly related to his or her business activity if the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the scope of their business activity, made available on the basis of the Central Register and Information on Business Activity regulations, unless applying the provisions contained in this point of the Regulations to these persons is not allowed.
2. The Seller shall be authorised to withdraw from the contract made with a non-consumer Customer within 14 calendar days of its execution. The withdrawal from the contract in this case may be for convenience and shall not entitle the Customer to file any claims against the Seller.
3. In addition to information that is generally required when placing an Order, the non-consumer Customer shall inform the Seller of any health conditions, including food allergies and other illnesses or ailments that require elimination or limitation of any food products, so that such information can be taken into account in the Service provision.
4. The acceptance and performance of the Service, also taking into account the above-mentioned information, shall not be understood as the Seller’s acceptance of the liability if the non-consumer Customer feels unwell or for any negative reactions of the organism to a set of ingredients, in particular due to the lack of knowledge or influence of the Seller on other liquids and products taken by the non-consumer Customer.
5. If the non-consumer Customer does not receive a meal due to the absence of the person authorised to receive it or due to any other circumstances of which the Service Provider is not informed by 2.00 p.m. on the Working Day preceding the delivery or due to the incorrect address data, the object of the Service shall be deemed to be delivered effectively. The non-consumer Customer shall not be authorised in this event to claim any reimbursement of the Service fee in the part due for such a day or to file any other claims due to the failure to receive the Service.
6. If any events occur that are out of the Seller’s control and are not caused by the Seller’s fault (e.g. weather conditions, decisions of state authorities, etc.), which hinder or prevent the delivery, the Seller shall not be liable for the failure to deliver the Service to the non-consumer Customer, and such a Customer shall not be entitled to file a complaint or to demand any compensation or damages.
7. The non-consumer Customer shall not be entitled to any reimbursement of the difference, if the package is reduced.
8. If there are any non-conformities between the object of the Service or the way of its provision and the Order placed or these Regulations, the non-consumer Customer shall be entitled to file a complaint within 3 Working Days of the provision of the Service or its part that the complaint concerns. No complaints filed after this deadline shall be handled.
9. The Service Provider's liability on the basis of the warranty or non-compliance of the service with the contract is excluded.
10. In case of non-consument Service Customers, the Service Provider may terminate the contract concerning an E-Service or Service with an immediate effect and for convenience, by sending a relevant declaration to the Service Customer.
11. The Service Provider may terminate a contract for the use of the Application with the Service Recipient, who is not a consumer, effective immediately and without stating the reasons by sending an appropriate statement to such a Service Recipient.
12. The Service Provider shall be liable to the Service Customer or Customer who is not a consumer, regardless of legal grounds of liability, only up to the value of the last fee paid for the Service, and if there is no such fee, up to PLN 1,000.00 (one thousand zlotys). The Service Provider shall be liable towards the Service Customer or the Customer who is not a consumer only for typical and actually incurred damage that was foreseeable when executing the contract, exclusive of any lost benefits.
13. The Service Provider shall not be liable towards the Service Customer or the Customer who is not a consumer for any damage or default caused by a force majeure event or any other causes that are out of control of the Service Provider.
14. Any and all disputes that may arise between the Seller and the non-consumer Customer shall be resolved by a court competent for the registered office of the Seller.

19. FINAL PROVISIONS

1. Any contracts made by BodyChief shall be executed in accordance with the Polish law and in the Polish language.
2. Amendments to the Regulations:
   1. The Service Provider reserves the right to make amendments to these Regulations in the event of:
      1. changes in legal provisions having a direct impact on the content of the Regulations;
      2. imposition of specific obligations by state authorities;
      3. improved standards of BodyChief functioning and Customer Service;
      4. improved standards of the privacy protection of Service Recipients
      5. abuse prevention;
      6. safety reasons;
      7. technological and functional changes;
      8. changes in the scope of services provided, including the introduction of new ones;
      9. editorial changes.
   2. The change becomes effective on the date specified by the Service Provider, no sooner than 7 days from the moment of notifying users about the amendments with the amended Regulations, in particular by publishing the Regulations at https://bodychief.pl/regulamin and sending them to the e-mail address assigned to the Account.
   3. The Service Provider may introduce changes without the 7-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation, pursuant to which they are obliged to change the Regulations in a way that prevents them from meeting the 7-day notification period; or (2) must, by way of exception, change the Regulations to counteract an unforeseen and direct threat related to the protection of BodyChief, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, the introduction of changes takes place with immediate effect unless it is possible or necessary to apply a longer period for introducing amendments, of which the Service Provider notifies each time.
   4. If the planned amendments to the Regulations are not accepted, the Service Recipient in order to terminate the contract with the Service Provider shall immediately (no later than within 7 days from the announcement of the changes) notify the Service Provider thereof, e.g. via e-mail. The termination of the agreement with the Service Provider performed by the Service Recipient related to the above mentioned procedure, regarding the Account indicated by the Service Recipient, takes effect after 7 days from the moment of notifying the Service Recipient about the amendments o the Regulations.
   5. The amendments to the Regulations shall not affect in any way the rights acquired by the Service Recipient before the date of the Regulations amendments entering into force, i.e. the amendments to the Regulations shall not affect already submitted Orders and concluded, implemented or performed contracts for the provision of Services.
3. For any matters not regulated herein, the commonly applicable provisions of the Polish law, in particular of the Civil Code, the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, Item 1204, as amended), the Act on Consumer Rights, and any other relevant provisions of the generally applicable law, are pertinent.

Annexes to the Regulations constituting an integral part thereof:

1) MODEL CONTRACT WITHDRAWAL FORM (ANNEX 1 TO THE ACT ON CONSUMER RIGHTS)

2) DIET WITH MENU SELECTION

Thank you for reading carefully!

If you have questions, we are always at your disposal - please contact us.

We invite you to cooperation,

BodyChief Team