Terms of Service

§1 INTRODUCTION

The owner of the website available at www.protein-catering.pl (hereinafter referred to as “Seller” or “Vendor” ) is Protein Point Magdalena Stachnicka with the registered office in Szczecin, postal code 70-513, ul. Małopolska 4/2 , registered in the Central Register and Information on Business Activity under NIP number 8561762504, REGON number 368094970, telephone: +48 604224333, e-mail: kontakt@protein-catering.pl.

The Catering Regulations define the types and scope of services provided electronically, by telephone and via the Website, the rules for concluding agreements via the Website and e-mail, the rules for performing these agreements, the rights and obligations of the Client and the Seller, as well as the procedure for withdrawal from the agreement and the complaint procedure.

§2 Definitions

1. Seller – the company Protein Point Magdalena Stachnicka with its registered office in Szczecin, postal code 70-513 at Malopolska 4/2, registered in the Central Register and Information on Business Activity under the number NIP 8561762504, REGON 368094970, telephone: +48 604224333, e-mail: szczecin@proteinpoint.eu , the seller is a Party to the Sales Agreement and the Administrator of the Personal Data processed for the purpose of implementing the Agreement.
2. Product, Diet – A set of 4 meals with a total caloric content of 1,200 to 4,000 kcal delivered to the customer from Sunday to Thursday for Monday – Friday.
3. Customer – any entity purchasing through the Online Service, placing an order by phone or e-mail.
4. Internet Service – the online store operated by the Seller at the Internet address.
5. Agreement concluded at a distance – an agreement concluded with the Customer within an organized system of concluding agreements at a distance (within the Internet Service), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the agreement.
6. Terms of Service – these terms and conditions of the Website.
7. Order – the Customer’s declaration of intent made via the Order Form, e-mail or by telephone and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
8. Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. By Sales Agreement is also understood – applying to the characteristics of the Product – a contract for performance.
9. Third Party – companies cooperating with the Seller in order to implement the terms of the Sales Contract between the Seller and the Customer. These companies process personal data only for the purposes of the Contract.
10. Business day – one day from Monday to Friday except for public holidays.
11. Consumer Rights Act, Act – the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended).
12. Delivery zone – the delivery area of the Service is available on the Website covering the indicated zone. The possibility of delivery to the address indicated by the Customer when placing the Order is confirmed by the Seller when accepting the Order for execution. In addition, in a situation where delivery to the indicated address is not possible, the Customer is informed about it.
13. Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).

§3 General provisions

1. The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Terms and Conditions.
2. The Client undertakes to use the Website in accordance with applicable laws and rules of social coexistence. The Client using the Vendor’s services is obliged to comply with these Regulations.
3. The Customer agrees to the collection, storage and processing of personal data by the Vendor and External Entities, which are processed and the purpose of their processing is:

1. Detailed conditions for the collection, processing and protection of personal data by the Seller are defined in the “Privacy Policy” of the online catering service
2. All prices listed on the Website are in Polish zloty (PLN), are gross prices including all necessary components.

§4 Ordering a Product

1. The Seller allows the Customer to place an order through the Website to select a Product for a specific number of days and deliveries in accordance with the catering offer described in the diet tab
2. The Seller reserves the right to add new Products to the offer. Adding new Products does not constitute an amendment to the Terms and Conditions
3. The seller allows you to place orders:
   
   1. By phone at +48 604224333
   2. Monday through Friday from 9 a.m. to 5 p.m.
   3. by email to kontakt@protein-catering.pl 7 days a week 24 hours a day, via the Order Form available on the Website 7 days a week 24 hours a day.
4. In order to place an order, the Customer indicates the Product offered by the Seller, specifying the type of diet, the variant of the diet and the calorie content of the meals included in the Product and the days that the Product will be delivered. In addition to indicating the Product, the Customer also provides the data necessary for the execution of the order including Personal Data and delivery address. Personal Data and the way it is processed is described in the catering’s Privacy Policy and Section III of these Terms and Conditions.
5. Upon receipt of an order, the Seller shall send the Customer, via e-mail to the e-mail address provided during order placement, a statement of acceptance of the order, which is also a confirmation of the order. The moment the message is received by the Customer, the Contract is concluded.
6. The order confirmation message contains the agreed terms and conditions of the order, in particular the quantity and type of the Product, the total price to be paid (including delivery costs) and information about the expected delivery time of the Product.
7. The Customer has the right to raise objections to the contents of the order confirmation within 12 hours of receiving the message from the Seller. Failure to raise objections within the specified period is equivalent to acceptance of the terms of the order.

§5 Terms of execution of the Sales Agreement and delivery of the product

1. Orders in catering are taken in advance to allow the Seller to carefully prepare the order. Order processing time is shown in the table below:

Tab. 1

1. The order is confirmed at the time:
   
   1. Sending to the email address of Customer Service kontakt@protein-catering.pl a payment confirmation from your bank account containing details to identify your order (Name, surname, address, Product ordered)
   2. Making an online payment by an Internet payment provider
2. The hours in Table 1 are non-negotiable and non-extendable deadlines.
3. The hours in Table 1 are also binding in relation to making changes to the order such as changing the Product or the delivery address.
4. Deviations from points 3 and 4 may be applied, but only after agreement with the Seller and e-mail confirmation from his side.
   The Seller reserves the right to suspend or refuse the execution of orders in the following cases:
   
   1. Placing an order in an incorrect manner, preventing its execution;
   2. Failure to agree with the Customer on the place and date of delivery of the Product;
   3. failure to make payment for the purchased Product;
   4. gross violation by the Customer of the provisions of these Regulations.
5. The cost of delivery of the Product within the cities listed on the Seller’s website is included in the price of the Product specified in the “Price List” available on the Website, with the exception described in the next sentence.
6. In case of execution of orders outside the delivery zone in a specific city, an additional fee may be added.
7. If an order is placed with delivery outside the area where the price of the product is included, the cost of delivery will be agreed with the customer individually.
8. The Seller reserves the right to establish with the Customer a new date for delivery of the order in case the delivery of the order on the original date is impossible due to reasons beyond the Seller’s control, the removal of which is not possible.
9. The Customer has the right to withhold deliveries during the order period after prior telephone or e-mail notification to the Seller. Information about withholding of deliveries should be notified in advance as specified in Table 1. The order period will be extended by the number of days in which the withholding of deliveries occurred.
10. In addition to the information, required as standard when placing an order, the Customer is obliged to inform the Seller about any health ailments, including food allergies and other diseases or ailments, requiring elimination or restriction of consumption of certain products.
11. Completion of the order taking into account the information referred to in paragraph 12 above, does not constitute acceptance of the Seller’s responsibility for any adverse well-being of the customer or negative reaction of the body to the set of ingredients, in particular due to the lack of knowledge and influence of the Seller about the other liquids and products taken by the customer.
12. In a situation where there are factors beyond the Seller’s control that hinder or prevent the delivery of the Product, there will be no possibility to claim compensation or refund. We are talking about cases such as those related to major weather difficulties.
13. In the event that there is misappropriation of the Product by third parties after delivery by the Seller, the Seller shall not be liable for non-performance of the Contract.
14. Delivery of the package to the indicated address is documented by taking a photo by the Seller.

1. In case of cancellation of an order, the Customer is entitled to a refund of the amount for the unused days, taking into account the termination time specified in Table 1.
2. If the Product is changed to another Product during order processing, the Customer must pay the difference in the order. The change will be taken into account in accordance with Table 1.
3. In the event that the Customer fails to pick up the Order due to the absence of the person authorized to pick up the Order or any other circumstance/circumstances not reported within the time limits marked in Table 1, or incorrect delivery address details, the subject of the Order shall be considered effectively delivered. In such a case, the Customer shall not be entitled to claim a refund for the portion of the Order falling on the day in question or to make any other claim for non-receipt of the Order.

§6 Payment methods

1. The Seller allows the following methods of payment:

   1. traditional transfer to the Seller’s bank account held by mBANK with the number: 37 1140 2004 0000 3102 8450 6953

   2. online transfer or card payment via tPay.com system

2. Payment for the ordered Product must be made in full before the start date. If payment for the order is not made by this date, the order is considered cancelled.

3. The day of payment is considered to be the day when the payment is credited to the Seller’s account, or when the confirmation of the electronic transfer is sent as a PDF file.

§7 Withdrawal from the Product Delivery Contract

The vendor informs that on the basis of Article 38 item. 4 and pt. 12 of the Act of May 30, 2014 on Consumer Rights, the Customer who is a consumer is not entitled to the right of withdrawal referred to in Article 27 of the said Act.

§8 Complaint procedure

1. Complaints related to the performance of the Product Agreement must be submitted within 24 hours from the date of the event justifying the complaint. The exception is complaints regarding unfulfilled delivery – in this case, the complaint must be submitted by 12:00 pm on the day the delivery was to be made. Complaints are considered by the Seller within 7 calendar days from the date of receipt of the complaint, with the exception of a complaint regarding delivery, which is considered immediately.

2. The submitted complaint should include:

   1. Customer identification (name and surname or company name, residential or business address and e-mail address).

   2. The subject of the complaint, photographic documentation with an indication of the period of time to which the complaint relates and the circumstances justifying the complaint.

3. If the time limits for filing a complaint specified in paragraphs 1 – 2 are exceeded, the complaint will not be considered. The Seller will immediately notify the Customer of the reason for not processing the complaint. Refunds for complaints considered favorably in favor of the Customer will be made no later than within 14 working days.

§9 Seller’s liability

1. The Seller is not responsible for the introduction of incorrect data by the Client (in particular, by providing incorrect data in the forms available on the website, e.g. Personal, or contact data) or the Client’s actions in a way that hinders or prevents the provision and implementation of services by the Seller.
2. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Website due to the need for maintenance, review or expansion of the technical base or software. Suspension or termination of the provision of individual functionalities of the Website may not violate the Client’s rights.

§10 Consumer Rights

1. Detailed information about the possibility for the Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:

   a.https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

   b.https://www.uokik.gov.pl/sprawy_indywidualne.php

   c.http://www.uokik.gov.pl/wazne_adresy.php

2. The consumer has the following examples of out-of-court means of dealing with complaints and claims:

3. The Consumer is entitled to apply to a permanent amicable consumer court, as referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to resolve a dispute arising from the Agreement concluded with the Seller.

4. The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.

5. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
   may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including, but not limited to, the Federation of Consumers, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707

§11 Personal Information

1. The administrator of the Customers’ personal data collected via the Website is the Seller.

2. The personal data of Customers collected by the administrator through the Website are collected for the purpose of executing the Sales Agreement, and if the Customer gives separate consent – also for marketing purposes.

3. The Customer has the right to access the content of his/her data and to correct it.

4. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude such an agreement.

5. Detailed ways of data categories and how they are used are described in the catering’s Privacy Policy

    

§12 Copyright

1. Copyright and intellectual property rights to the Website as a whole and its individual elements, including graphics, works, designs and signs available within its framework belong to the Seller or other authorized third parties and are protected by the Copyright Law and other provisions of generally applicable law. The protection granted to the Website covers all forms of their expression.
2. The Website should be treated like any other work subject to copyright protection. The Customer is not entitled to copy the Website, except as permitted by the provisions of mandatory law. The Customer also agrees not to modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to determine the source code of the Website, except as permitted by mandatory provisions of law.
3. Trademarks of the Seller and third parties should be used in accordance with applicable laws.

§13 Final Provisions

1. The Seller reserves the right to amend these Terms and Conditions. The Seller will notify the change of the Terms and Conditions on the Website at least 7 calendar days before the changes to the Terms and Conditions become effective. The change in the provisions of the Terms and Conditions does not apply to Customers who placed an order during the validity of the previous version of the Terms and Conditions.
2. In other matters not regulated by the provisions of these Regulations, relevant provisions of Polish law shall apply.
3. The Regulations shall come into force on February 1, 2024.