TERMS AND CONDITIONS OF THE WEBSITE BODYCHIEF.PL AND BODYCHIEF APPLICATION

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.

Please make yourself acquainted with these Regulations.,

BodyChief Team

 

1. ABOUT US

1.1. The Service is owned by Body Chief Spółka z ograniczoną odpowiedzialnością with its registered office in Poznań, 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. Polska 13, 60-595 Poznań, share capital in the amount of PLN 100,000, Tax Id. No. (NIP): 7792479825, Business Reg. No. (REGON): 369298976, e-mail address: [email protected], 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’).

1.2. 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.

1.3. 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 voivodship: 000037844.

2. DEFINITIONS

In these Regulations, the following terms shall have the meanings given thereto below:

a. 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.

b. BLOG – Electronic Service, blog available on the Website at https://bodychief.pl/en/blog/ and operated by the Service Provider for all visitors of the Website.

c. BODYCHIEF – collectively BodyChief Website and BodyChief Application.

d. PRICELIST – the pricelist of Services available on the Website.

e. 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.

f. WORKING DAY – any day from Monday to Saturday, save in the case of the Service – the juice diet delivered outside the Delivery Zone in which case a working day is any day from Tuesday to Friday.

g. 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.

h. 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.

i. CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended).

j. 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

k. COPYRIGHT – the Polish Copyright and Derivative Rights Act of 4 February 1994 (Journal of Laws No. 24, Item 83, as amended).

l. REGULATIONS – these Regulations on using the Website and Services.

m. WEBSITE, SERVICE, BODYCHIEF – the website of the Service Provider available at http://bodychief.pl, including its subdomains.

n. 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.

o. E-SERVICE – a service rendered by electronic means by the Service Provider for the Customer via the Website according to these Regulations.

p. 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.

q. SERVICE PROVIDER, SELLER – BODY CHIEF SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Poznań, 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. Polska 13, 60-595 Poznań, share capital in the amount of PLN 100,000, Tax Id. No. (NIP): 7792479825, Business Reg. No. (REGON): 369298976, e-mail address: [email protected], 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.

e. 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).

s. 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

3.1. 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.

3.2. 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).

3.3. The following technical requirements apply to using the BodyChief Service: (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.

3.4. The technical requirements necessary for the proper launch and use of 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.

3.5. BodyChief Application is available for download on websites and applications in App Store and Google Play.

3.6. 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.

3.7. 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.

3.8. A detailed scope of the Application’s functionalities and the principles of their operation are defined in the Application in the Settlings-> Help tab.

3.9. 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. Polska 13, 60-595 Poznań. 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. E-SERVICES AVAILABLE ON THE WEBSITE

4.1. Every Service Customer may use the Website on terms and conditions set out herein.

4.2. The Service Customer may use the following E-Services available on the Website:

a. Blog;

b. Order Form;

c. Account;

d. Newsletter

4.3. The Service Provider shall render E-Services and Services free of any defects.

5. TERMS AND CONDITIONS OF USING THE BLOG

5.1. To start using the Blog the user must go to the Website at https://bodychief.pl/en/blog/ - the Blog is available for all visitors of the Website and does not require providing any data or performing any actions.

5.2. Using the Blog is free of charge.

5.3. The Blog is operated by the Service Provider.

5.4. 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.

6. TERMS AND CONDITIONS OF USING THE ORDER FORM

6.1. 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.

6.2. 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.

6.3. 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.

6.4. The Customer has to provide the following data in the Order Form: the Customer’s full name and the place for the Service delivery (street, house/flat number, post-code, town/city), an address for weekend/holiday deliveries (does not apply to the Service – the juice diet delivered outside the Delivery Zone), 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 Service – the juice diet delivered outside the Delivery Zone) and data concerning the Service rendition: the type of Service, quantity, a period and an initial date of the Service, and 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.

6.5. 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.

6.6. 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.

7. TERMS AND CONDITIONS OF USING AN ACCOUNT

7.1. 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.

7.2. 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.

7.3. 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.

7.4. 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.

7.5. 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. Polska 13, 60-595 Poznań, 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.

8. TERMS AND CONDITIONS OF USING THE NEWSLETTER

8.1. 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.

8.2. 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. Polska 13, 60-595 Poznań, Poland. It is also possible to resign from the Newsletter by clicking the resignation link available in the Newsletter message.

9. PLACING AN ORDER AND EXECUTING A SERVICE CONTRACT

9.1. 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.

9.2. The price of the Service quoted on the Website or in the Application is given in Polish zloty and is a full price, including any taxes, costs of delivery, collection and other costs necessary to render the Service. If the Service Contract is executed via e-mail, the information on the total price is given to the Customer via e-mail before the Contract is executed.

9.3. An Order may be placed by the Customer using the Order Form according to section 5 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.

9.4. 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.

9.5. 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.

9.6. The Service (delivery) is initiated on the date of the Service commencement specified in the accepted Order, subject to the following rules:

if a bank account or a settlement account of the Seller is credited with the payment from the Customer for the Service on a Working Day by 2.00 p.m., the Service shall begin on the following Working Day, however not earlier than on the day of the Service commencement specified in the accepted Order;

if a bank account or a settlement account of the Seller is credited with the payment from the Customer for the Service on a Working Day after 2.00 p.m., the Service shall begin on the second Working Day after that day, however not earlier than on the day of the Service commencement specified in the accepted Order.

9.7. 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.

9.8. 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.

10. MODES AND DEADLINES OF PAYMENTS FOR THE SERVICE

10.1. The following methods of payment under the Service Contract are available to the Customer:

a. A payment with a wire transfer to the bank account of the Seller.

b. An electronic payment and a payment with a payment card via Dotpay system, and in the case of the Application also the so called Oneclick Payments – methods of payment available in the Dotpay system in Bodychief are each time indicated before making the payment under the contract for the provision of the Service using the Dotpay system, the c. Service Recipient may obtain information in this regard also by contacting the Service Provider using the data indicated in clause 13 of the Regulations.

c. Payment using the voucher (does not apply to the Service – the juice diet delivered outside the Delivery Zone).

10.2. Oneclick Payment is made available through Dotpay.pl Website belonging to Dotpay sp. o.o. with its registered office in Kraków at ul. Wielicka 72, 30-552 Kraków (KRS no. 0000700791) and allows the Customer to make payments under the BodyChief service contract with a single click, without the need to provide full details of the card when making subsequent payments through the Dotpay system - this solution allows reduction of the number of steps in the payment process. The use of the Oneclick Payments at Bodychief requires the Customer to give their consent to saving their card details by the Dotpay system upon making the first payment. For security reasons, every Oneclick Payment made through the Dotpay system is carried out using three-domain authorization (3D-Secure). The Customer may withdraw their consent to Oneclick Payments. 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 operator:

a. in writing – personally at the registered office of Dotpay (registered office’s address – ul. Wielicka 72, 30-552 Kraków) or by post within the meaning of article 3(21) of the Act of 23 November 2012 – the Postal Law (Dz.U. item 1529 as later amended) to the registered office’s address,

b. orally – by phone at: +48 12 688 26 00 or personally to the protocol during a visit at Dotpay’s registered office,

c. electronically – in the form of an e-mail sent to [email protected] or using a contact form available at www.dotpay.pl

10.3. 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.

10.4. If the Customer pays through the Dotpay.pl system (electronic payments or transactions made using a payment card, including the so called Oneclick Payments), such payments shall be handled by DOTPAY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków, ul. Wielicka 72, 30-552 Kraków, entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000700791, kept by the District Court for Kraków-Śródmieście in Kraków, 11th Economic Division, NIP no. 6342661860, REGON no. 240770255 with share capital of PLN 4,000,000.00, paid-up in whole.

10.5. The Customer shall make a payment for the Service at the latest by 2.00 p.m., one Working Day before the date of the Service commencement specified in the accepted Order.

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

11.1. 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.

11.2. Delivery outside the Delivery Zone, referred to in point 10) subpoint 1 is possible only in the case of the Service – the juice diet and is delivered by courier service to the address specified by the Customer when placing the Order. Such a delivery is limited to the territory of Poland.

11.3. The cost of delivery is included in the price of the Service.

11.4. The delivery is made directly by the Seller or as subcontracted by the Seller. The Service – the juice diet delivered outside the Delivery Zone, is rendered solely by courier service by the order of the Seller.

11.5. Delivery are made according to the executed Service Provision 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) is initiated according to the Order received for performance according to the following rules:

a. if a bank account or a settlement account of the Seller is credited with the payment from the Customer for the Service on a Working Day by 2.00 p.m., the Service shall begin on the following Working Day, however not earlier than on the day of the Service commencement specified in the accepted Order;

b. if a bank account or a settlement account of the Seller is credited with the payment from the Customer for the Service on a Working Day after 2.00 p.m., the Service shall begin on the second Working Day after that day, however not earlier than on the day of the Service commencement specified in the accepted Order.

11.6. The Delivery 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. If the Service covers also 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.

12. PROMOTIONS, VOUCHERS AND DISCOUNT CODES

12.1. The Seller reserves the right to make changes on the on-going basis to the prices of the Services and to carry out and cancel promotional campaigns. Any changes of prices 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.

12.2. 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.

12.3. The following provisions concerning vouchers and discount codes shall apply, unless separate regulations of using a voucher or a discount code specify otherwise. Vouchers and discount codes shall not apply in the case of the Service – the juice diet.

12.4. 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.

12.5. A voucher has a specified value and entitles the Customer to use it on the Seller’s Website according to these Regulations and terms and conditions given on the voucher, by the deadline and up to the value given therein. A voucher does not constitute a Service, but only a document that 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.

12.6. A voucher holder shall be authorised to use it once by a deadline given therein (a validity date) and in the stipulated value by purchasing a Service on 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 before its expiry.

12.7. On the Website, a voucher shall replace funds of the value given therein in order to make a payment for the Service. The voucher cannot be exchanged for money.

12.8. 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 given in the voucher. Neither is the Customer entitled to use a voucher again 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 before its expiry.

12.9. 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).

12.10. 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.
12.11. 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.

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.

13. 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. Polska 13, 60-595 Poznań, 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.

14. COMPLAINTS REGARDING THE WEBSITE AND SERVICES

14.1. Any complaints about the operation of the Website or Services may be filed by the Customer via e-mail to [email protected] or in writing to: ul. Polska 13, 60-595 Poznań, Poland.

14.2. The Service Provider recommends that the following information be given in a complaint: (1) information and circumstances concerning the object of complaint, in particular the type and dates of non-conformity; (2) a claim of the Service Customer / Customer, and (3) contact data of the person who files the complaint, which will make it easier and faster to handle the complaint by the Service Provider. The requirements given in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description.

14.3. The Service Provider shall respond to a complaint as soon as possible, however not later than within 14 calendar days of the date of its filing.

15. WITHDRAWAL FROM THE CONTRACT

15.1. This section of the Regulations governs the contractual right to withdraw from the Service Contract reserved for both parties thereof, i.e. the Seller and the Customer.

15.2. The Customer shall have the right to withdraw from the Service Contract for convenience by 2.00 p.m. of the Working Day preceding the date of the Service commencement specified in an accepted Order.

a. 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. Polska 13, 60-595 Poznań, 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.

b. 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.

15.3. The Seller shall have the right to withdraw from the Service Contract for important reasons, it is: (1) provision of the Service goes beyond 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 (3) 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.

15.4. The contractual rights to withdraw from the contract 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.

16. STATUTORY WITHDRAWAL FROM THE CONTRACT BY THE CUSTOMER

16.1. This article of the Regulations shall apply only to Service Customers and Customers who are consumers and it concerns contracts made between them and the Service Provider.

16.2. The consumer shall not be entitled to withdraw from a remote contract with respect to contracts that concern: (1) provision of services, if the Seller has provided the service completely upon explicit consent of the consumer who has been informed before the start of the service provision that after the Seller provides the Service, the consumer shall lose the right to withdraw from the contract; (2) objects that are not prefabricated, are custom-made or are designated to fulfil individual needs of the consumer; (3) perishable goods or goods with a short life; (4) a delivery in a sealed package that cannot be returned after it is unsealed due to the protection of health or for hygienic reasons, if the package has been opened after delivery.

16.3. Subject to article 14(2) hereof, the consumer who has made a remote contract may withdraw from the contract within 14 calendar days for convenience and without incurring any costs, subject to art. 15(4) hereof.

16.4. If the consumer exercises the right to withdraw from the contract after submitting a request to start the Service provision before the expiry of the deadline for withdrawing from the contract, the consumer shall pay for any services provided before the time of withdrawal. A due amount shall be calculated on the pro-rata base to the scope of the services provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration are excessive, the amount shall be calculated according to the market value of the service provided.

16.5. 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. Polska 13, 60-595 Poznań, 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.

16.6. The deadline for withdrawing from the Service Contract is calculated from the date of executing thereof.

16.7. A contract withdrawal form given in Schedule 2 to the Act on Consumer Rights is enclosed as Schedule 1 hereto.

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

17.1. This article of the Regulations shall apply exclusively to Service Recipients and Customers who are consumers.

17.2. Detailed information concerning any methods available to the consumers in respect of handling complaints and filing claims out of court and rules of access to such procedures are available in the offices and on websites of local (municipal) Consumer Ombudsmen, NGOs involved in consumer protection, Provincial Inspectorates of Commerce Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php.

17.3. A consumer may seek assistance in resolving a dispute by using the assistance of a local (municipal) Consumer Ombudsmen or NGOs involved in consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

17.4. The online platform for resolving disputes between consumers and entrepreneurs on the EU level is available at http://ec.europa.eu/consumers/odr (ODR platform). The ODR platform is an interactive and multilingual website with a point of comprehensive services for consumers and entrepreneurs who seek an out-of-court resolution of a dispute concerning contractual obligations that result from an online sale contract or service contract.

18. COPYRIGHTS

18.1. 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.

18.2. 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.

18.3. 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.

18.4. As part of the license granted, the Service Recipient is entitled to use the Application by downloading, installing, 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.

18.5. Trademarks of the Service Provider and any third parties shall be used according to the applicable rules of law.

19. PROVISIONS FOR BUSINESS CUSTOMERS

19.1. This article of the Regulations applies exclusively to Service Customers and Customers who are not consumers.

19.2. 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.

19.3. 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.

19.4. 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.

19.5. 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.

19.6. 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.

The non-consumer Customer shall not be entitled to any reimbursement of the difference, if the package is reduced.

19.7. 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.

19.9. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the statutory guarantee towards the non-consumer Customer shall be excluded.

19.10. 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.

19.11. 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.

19.12. 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.

19.3. 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.

19.14. 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.

20. FINAL PROVISIONS

20.1. Any contracts made by BodyChief shall be executed in accordance with the Polish law and in the Polish language.

20.2. Amendments to the Regulations. The Service Provider reserves the right to make amendments to these Regulations for a valid reason, which may include: amendments to the rules of law; changes of delivery or payment methods; adding new E-Services – within the scope such changes affect the performance of the provisions of these Regulations; and adding new methods of payment. The amended Regulations shall be binding for the Service Customer/Customer, provided they have been notified properly of any such changes and have not terminated the contract within 14 calendar days of the date of notification. If the amendments to the Regulations result in the introduction of any new fees or in increasing the present fees, the Service Provider/Customer who is a consumer may withdraw from the contract. No amendments to these Regulations can violate the rights acquired by the Service Customers/Customers who are consumers before the effective date of such amendments; in particular, the amendments of these Regulations shall not affect any Orders being placed or already placed or any Service Contracts that have been made or are being or have been already performed.

20.3. For any matters not regulated herein, the commonly applicable provisions of the Polish law, and 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 Consumer Rights Act, and any other relevant provisions of the generally applicable law.

 

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