§1 INTRODUCTION
The owner of the internet service available at www.smartfitfood.com (hereinafter referred to as the "Seller") is SmartFit Food Ltd with its registered office in Milton Keynes, MK11LS , Unit 7, Mount Avenue entered into the Companies House with reg no 11469084, telephone: + 447496009964, email: info@smartfitfood.com.
The catering regulations specify the types and scope of provision of services by electronic means, by phone and via the Website, the terms of contracting via the Website and e-mail, rules of performing these agreements, rights and obligations of the Customer and the Seller and the procedure for withdrawal from the contract and complaint procedure.
§2 Definitions
1. Seller - SmartFit Food Ltd with its registered office in Milton Keynes, MK11LS , Unit 7, Mount Avenue, entered into the register of Companies House under number 11469084, telephone: +447496009964, email: info@smartfitfood.com. The Seller is a Party to the Sales Agreement and the Administrator of Personal Data processed in order to perform the Contract.
2. Product, Diet - A set of 3 to 5 meals with a total calorie diet with a total caloric value from 800 to 4000 kcal delivered to the customer every day or every other day (depending on the order).
3. Customer - any entity making purchases via the Website, placing an order by phone or e-mail.
4. Internet Service - an online store run by the Seller at the internet address www.smartfitfood.com
5. Contract concluded remotely - an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Website), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the conclusion of the contract, inclusive.
6. Regulations - these regulations of the Website.
7. Order - Customer's declaration of intent submitted via the Order Form, e-mail or phone and aiming directly at the conclusion of the Product Sales Agreement or Products with the Seller.
8. Sales Agreement - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement is also understood as the use contract for the benefit of the Product.
9. Third Party - companies cooperating with the Seller in order to implement the terms of the Sales Agreement between the Seller and the Customer. These companies process personal data only for the purposes of the Agreement.
10. Business day - one day from Monday to Friday, excluding public holidays.
11. Consumer Rights Act, Act - Law of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
12. Transport zone - the delivery area Services including the main cities and surrounding towns. 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, if the delivery can not be delivered to the address provided, the customer is informed about it.
13. Civil Code - 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 Client in the scope and on the terms specified in the Regulations.
2. The Customer undertakes to use the Website in accordance with applicable law and the rules of social conduct. The customer using the services of the Seller is obliged to comply with these Regulations.
3. The Customer agrees to the collection, storage and processing by the Seller and Third Parties. The personal data that is processed and the purpose of their processing are:Name and surnameVerification of payment, customer's comments and maintaining e-mail correspondence, making changes to the order, deliveries E-mail address E-mail correspondence, contact with the customer, settlement of orders and information about possible changes in the orderTelephone numberTo inform about sudden delays in delivery, changes or breaks in catering work and to contact in the event of a problem with the delivery of a productDelivery address. Delivery of the product, calculation of discounts or subsidies for delivery
4. The detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Privacy Policy" of catering.
5. All prices provided on the Website are given in British Pounds (GBP), they are gross prices containing all necessary components.
§4 Product order
1. The Seller allows the Customer to place an order through the Website choosing the Product for a specific number of days and deliveries in accordance with the catering offer described in the ORDER tab.
2. The Seller reserves the right to increase the offer with new Products. The addition of new Products does not constitute a change to the Regulations
3. The seller allows placing orders:a. by phone on +447496009964 b. from Monday to Friday from 8:00 to 17:00, c. electronically to www.smartfitfood.com, 7 days a week, 24 hours a day, via the Order Form available on the Website for 7 days a week, 24 hours a day.
4. In order to place an order, the Customer shall indicate the Product offered by the Seller, specifying the type of diet, diet variant and caloric 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 to perform the order, including Personal data and delivery address. Personal data and the method of their processing is described in the Privacy Policy of catering and point III of these Regulations
5. After receiving the order, the Seller shall send to the Customer electronically to the e-mail address provided during the ordering of the order, which is also its confirmation. Upon receiving the message by the Customer, the Agreement is concluded.
6. The message confirming the order contains specified order conditions, in particular the quantity and type of the Product, the total price to be paid (along with delivery costs) and information about the expected delivery time of the Product.
7. The customer has the right to make reservations regarding the content contained in the order confirmation within 12 hours of receiving the message from the Seller. Failure to submit objections within the specified period is tantamount to acceptance of the terms of the contract.
8. The customer has the right to order a maximum of two Products as a trial set. Subsequent orders will be treated as placing an order for a Product at a regular price corresponding to the price of the Product in the shortest
§5 Conditions for the implementation of the Sales Agreement and product delivery
1. Orders in catering are accepted in advance allowing the Seller to carefully prepare the order. The order fulfillment time is shown below:
Monday: orders received before 12pm will be delivered on Tuesday, any orders placed after 12pm will be delivered on Thursday
Tuesday: orders received up to 23:59 will be delivered Thursday
Wednesday: orders received before 12pm will be delivered Thursday, orders received after 12pm will be delivered on Sunday
Thursday: orders received by 23:59 will be delivered on Sunday
Friday: orders received by 23:59 will be delivered on Sunday
Saturday: orders received by 2pm will be delivered on Sunday, orders received after 2pm will be delivered on Tuesday
Sunday: orders received by 23:59 will be delivered on Tuesday
2. The order is confirmed when: a. Customer send a message to the e-mail address of the Customer Service Office info@smartfitfood.com with Payment confirmation from a bank account containing details allowing identification of the order (Name, surname, address, ordered Product) b. Online payment made by the online payment provider c. cash payment chosen in order form
3. Times given above are incontestable and non-extendible dates.
4. The times given above are also binding in relation to making changes to the order, such as changing the Product or delivery address.
5. Deviations from points 3 and 4 may be applied, but only and exclusively after consultation with the Seller and e-mail confirmation from his side.
6. The Seller reserves the right to suspend or refuse orders in the following cases:a. placing the order in an improper manner, preventing its implementation;b. ineffective reconciliation with the Customer of the place and time of delivery of the Product;c. failure to make a payment for the purchased Product;d. gross violation by the Customer of the provisions of these Regulations.
7. The cost of Product delivery in the cities listed on the Seller's website is included in the price of the Product defined in the "Price List" available on the Website, with the exception described in the next sentence.
8. In the case of orders outside of the delivery zone in a particular city, an additional fee may be added.
9. In the case of placing an order with delivery outside the area where the price of the product is included, the cost of delivery will be determined individually with the customer.
10. The Seller reserves the right to set a new order completion date with the Customer in the event that order processing in the original time is impossible due to reasons beyond the Seller's control, and removal of which is not possible.
11. The Customer has the right to withhold deliveries during the term of the contract by giving the Seller a prior notification by telephone or via e-mail. Information about the interruption of deliveries should be reported in advance as specified in Table 1. The contract period will be extended by the number of days on which the delivery was stopped.
12. In addition to the information normally required when ordering, the Customer is obliged to inform the Seller about any health problems, including food allergies and other diseases or ailments that require the elimination or restriction of consuming certain products.
13. Execution of the order including the information referred to in paragraph 13 above, does not constitute acceptance of the Seller's liability for a possible unfavorable mood of the Customer or negative reaction of the body to the set of components, in particular due to lack of knowledge and influence of the Seller on other fluids and products accepted by the customer.
14. In the event of Customer's failure to collect Orders due to the absence of a person authorized to pick up the order or any other circumstance / circumstances not reported in the dates indicated in Table 1, or incorrect delivery address details, the subject of the order shall be considered effectively delivered. In this case, the customer is not entitled to demand a refund amount due for the Order in the part attributable to the given day or reporting any other claims for not receiving the Order.
15. In the event that there are factors independent of the Seller, which impede or prevent the delivery of the Product, it will not be possible to claim compensation or refund. We are talking about cases, for example related to large weather difficulties.
16. In the event that the Product is misappropriated by third parties after delivery by the Seller, the Seller shall not be liable for failure to comply with the Agreement. Delivery of the package to the address indicated is documented by the Seller taking the photo.
17. In case of cancellation of the order, the Customer is entitled to a refund of the unused days taking into account the time of termination of the contract specified in Table 1.18. In case of changing the Product while processing orders for another Product, the Customer must pay the difference in the order. The change will be included in accordance with Table 1.
§6 Payment methods
1. The seller allows the following payment methods:
a. traditional transfer to the Seller's bank account:
SmartFit Food, Starling Bank,
Sort code: 608371
Account number 14476930
b. cash (in this case, the receipt will be sent to the e-mail address provided electronically).
c. by card when driver delivers your first package.
2. Payment for the ordered Product should be made in full amount within 3 days from the moment of order confirmation. In the absence of payment for the order within this period, the order is considered cancelled.
3. The day of payment is considered the day of posting the payment on the Seller's account, or sending the confirmation of the electronic transfer in the form of a PDF file.
§7 Withdrawal from the Product Delivery Agreement
The Seller informs that pursuant to art. 38 points 4 and point 12 of the Act of 30 May 2014. on consumer rights, the Customer who is a consumer is not entitled to withdraw from the contract referred to in art. 27 of the said Act.
§8 Complaint proceedings
1. Complaints related to the implementation of the Product Agreement should be submitted within 24 hours from the day of the occurrence justifying the submission of a complaint. Exceptions are complaints about unrealized delivery - in this case the complaint should be submitted by noon. 12.00 on the day the delivery was to be made. Complaints shall be considered by the Seller within 7 calendar days from the date of receipt of the complaint, except for a complaint regarding delivery, which shall be considered promptly.
2. A complaint should contain:
a. Customer identification (name and surname or company name, address of residence or business address and e-mail address).
b. The subject of the complaint, photo documentation along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint
3. In the event of exceeding the deadlines for filing complaints referred to in paragraph 1 - 2, the complaint will not be considered. The Seller shall immediately notify the Customer of the reason for not considering the complaint. Refunds for claims considered in favour of the Customer will be made no later than within 14 business days.
§9 Seller's liability
1. The Seller shall not be liable for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the site, eg. Personal or contact) or acting in a way that hinders or prevents the provision and performance 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 extension of the technical database or software. Suspension or termination of the benefits of individual functionalities of the Website may not violate the Customer's rights.
§10 Consumer rights
1. Detailed information on the Consumer's option of out-of-court settlement of complaints and rules of access to these procedures is available at the offices and on the websites of consumer ombudsmen, social organizations whose statutory tasks include consumer protection.
2. The consumer is entitled to apply to a permanent amicable consumer court with a request to settle the dispute arising from the Contract concluded with the Seller.
4. The consumer is entitled to ask the Trade Inspector to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
5. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free help of a municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection.
6. can obtain free assistance in settling the dispute between the Customer and the Seller, also using the free help of consumer ombudsman or social organization, whose statutory tasks include protection of consumers.
§11 Personal data
1. The Seller of the personal data of Customers collected via the Website is the Seller.
2. Customer's personal data collected by the administrator via the Website is collected in order to implement the Sales Agreement, and if the Customer agrees to separate consent - also for marketing purposes.
3. The customer has the right to access their data and correct them.
4. Providing personal data is voluntary, but failure to provide the personal data required in the Regulations to conclude a Sales Agreement results in the inability to conclude this contract. 5. Detailed ways of data categories and how they are used are described in the Privacy Policy of catering.
§12Copyright
1. Copyrights and intellectual property rights to the Website as a whole and its individual elements, including graphics, works, designs and characters available within its framework belong to the Seller or other authorized third parties and are protected by the Copyright and other generally applicable provisions of law rights. The protection granted to the Website covers all forms of their expression.
2. The Internet service should be treated like any other work subject to copyright protection. The Customer shall not have the right to copy the Website, except as permitted by the provisions of mandatory binding law. The customer also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way try to determine the source code of the Website, except for cases permitted by the provisions of mandatory binding law.
3. Trademarks of the Seller and third parties should be used in accordance with applicable law.
§13 Final Provisions
1. The Seller reserves the right to change these Regulations. The Seller shall notify the Website of changes to the Regulations on at least 7 calendar days before the amendments to the Regulations come into force. The change in the provisions of the Regulations does not apply to Customers who placed an order during the previous version of the Regulations.
2. In other matters not covered by the provisions of these Regulations, the relevant provisions of law in the United Kingdom shall apply.
3. The Regulations shall enter into force on 25 May 2018.
