I. General information

1. The owner of the online shop located at http://www.lovecatering.pl (henceforth: Shop) is Love Catering private limited company with the headquarters in Cracow, registered in the register of entrepreneurs run by the District Court for Kraków-Śródmieście, 11th Commercial Department of the National Court Register, KRS number: 0000736485, NIP number: 944-225-98-86, REGON number: 380505122.

2.Shop enables concluding with Love Catering (henceforth: Seller) sale-acquisition agreements of the goods which Shop has got on offer (henceforth: Sale-Acquisition Agreements and Goods, respectively).

3.The legal entity which can conclude a Sale-Acquisition Agreement via Shop may be a natural person (of legal age) as well as a legal person (henceforth collectively: Clients).

4.The administrator of personal data is Love Catering with headquarters in Cracow, 30-148 Cracow, Samuela Bogumiła Lindego Street 7.

5.Everyone who visits Shop is called User within this set of rules, whether they conclude a Sale-Acquisition agreement or not.

6.The rules below (hencforth: Rules) are dedicated to all Users and define the rights and obligations of Seller, Users and Clients, which are connected to registration, placing orders and concluding Sale-Acquisition Agreements via Shop.

7.Information about Goods in Shop, e.g. descriptions and prices are an invitation to conclude a Sale-Acquisition Agreement as in art. 71 of Civil Code , in accordance with Rules.

8.Conclusion and execution of Sale-Acquisition Agreements via Shop are done according to Rules. During the process of conclusion and execution of Sale-Acquisition Agreements in Shop, Client confirms that they have read Rules and they confirm that they accept it in its legal form. The Customer’s use of the services of the Store shall be understood as their acceptance of these Regulations.

9.Sale of Goods is done only via distance selling, and Client cannot come to the headquarters of Seller and pick up their purchase in person.

10.The content of Rules is available on the Shop website at http://lovecatering.pl for Client to print, download and save.

II. Terms and Conditions of Electronic Provision of Services

1.The possibility of concluding Sale-Acquisition Agreements in Shop is a service provided via electronic means within the meaning of the Act of 18 July 2002 on provision of services by electronic means (henceforth: Service); Love Catering private limited company is the provider of the service and Client is the recipient of the service.

2.Becoming familiar with Rules and accepting them is a necessary condition o start using Shop.

3.Seller enables User registration in Shop by setting up an individual User account (henceforth: Account).

4.Setting up Account in Shop allows for quick verification of User and significantly reduces the time devoted to making future purchases. Additionally, registered Users are entitled to special offers and discounts.

5.Account can be set up by clicking on the link “Set up an account” in the top right corner of the main Shop website. In order to swt up Acount, User has to insert their data according to the commands displayed by the system. After the successful setup, User receives a confirmation e-mail via their mailbox. 

6.In case of password loss User may recover it via the password recovery procedure by acting according to the instructions displayed on screen.

7.Seller may deprive User of the right to using Shop as well as limit their access to its resources in part or in whole with immediate effect if User infringes Rules, especially when User:

– submitted personal details which are untrue, not precise, outdated, misleading or violating the rights of a third party,

– has violated the personality rights of a third party, especially the personality rights of other Users of Shop

– has displayed other behaviours which Seller interprets as as behaviours contrary to the obligatory legal regulations or general rules of using the Internet , or slighting the good name of Seller. 

8.A User who has been deprived of the right to using Shop cannot register again without receiving the approval of Seller.

9.It is forbidden for User to provide unlawful content, especially User is obliged:

– not to provide or relay content forbidden by legal regulations, e.g. promoting violence, slighting or infringing personality rights and other rights of a third party,

– to use Shop without causing any disruptions to its functioning, especially via the use of certain software or devices,

– not to undertake actions such as sending out or putting within Shop unsolicited trade information (Spam),

– to use Shop according to the legal regulations obligatory in the territory of Poland and the provisions of Rules.

10.Seller shall not be responsible for for any technical problems which are independent from Seller and may prevent the browsing of the Shop website and making purchases within it.

11.Seller shall not be responsible for the occurrence of any errors concerning the configuration of User’s device or them not having submitted the data necessary for the delivery of Service. Seller reserves the right to suspension of the provision of the Service until the error is fixed or until Seller receives all the missing information data from User.

12.Seller reserves the right to temporary suspension of the provision of Service on account of maintenance or modification of the website http://lovecatering.pl . Seller will make all necessary effort to make sure that technical breaks are limited to the necessary minimum length.

III. Goods and their price

1.Seller publishes all the information concerning substantial features of Goods on the website.

2.All the prices of Goods are given in PLN and include all the elements, 8% VAT tax included.

3.The price indicated next to each of the Goods is binding at the moment of placing an order by User.

4.Seller reserves the right to change the prices of the Goods which there are on offer in Shop; to withdraw and introduce new Goods to the offer, to carry out, and to modify and cancel promotional actions on the website. The abovementioned right has no impact on the prices of Goods in Orders accepted for execution before the new price, conditions of promotional actions or sales are effective.

5.Promotional offers (including discounts resulting from the possession of discount codes or gift vouchers) cannot be merged, unless the rules of a given promotional action allow sucha a possibility. It is possible to use only one discount code/gift voucher with a single purchase, unless the content of the discount code/gift voucher states otherwise.

6.The free promotional extras shall not be subject of exchange or complaint.

7.Until the moment of consumption, all the meals should be kept in the fridge.

8.All the single use containers used by Love Catering can be used in microwave ovens.

9.A person placing an order is required to inform about all the health issues which may have influence on the introduction of a diet.

IV. Placing and execution of Orders

1.An Order is issuing by User an intention of concluding a Sale-Acquisition Agreement of the Goods indicated by them via appropriate order forms on the Shop’s website.

2.Orders are executed within the territory of Poland, Małopolska voivodeship (mainly Cracow and its vicinity).

3.Orders can be placed 24/7, 7 days a week, via Shops’s website.

4.The maximum time of execution of an Order is 2 working days (delivery time not included).

5.An Order placed by Client and confirmed by Seller  until 10 AM on a working day (i.e., from Monday to Friday, henceforth: Working Days) will be executed and sent to Client the day after Order was sent (with point III.6 of Rules effective).

6.In case Client chooses to pay via bank transfer, credit card or the electronic payment system tPay, the price of Order has to be fully covered in order for it to be relayed for execution (i.e., confirmed with the presence of the payment on the bank account of tPay or on Seller’s bank account).

7.For Orders placed on Working Days after 3 PM, on Saturdays or Sundays and national celebrations, the execution of Order starts on the second Working Day after the day when Order has been placed and confirmed by Seller (for payment in cash), and on the closest Working Day immediately after the day when Order has been fully paid for – i.e., the day of the booking of the payment on the bank account of tPay or Seller’s bank account.

8.In case Order should be relayed for verification, it will be executed on the closest Working Day immediately after the day when it has been placed.

9.Regardless of the provisions set out in section IV items 1 to 8, if the production is suspended for reasons beyond the control of the Seller, the order shall be extended by the number of days for which the production has been suspended. The Customer shall not have the right to cancel the order for this reason.

V. Conclusion of Agreement

1.Clients’ Orders are taken via Shop’s website (http://lovecatering.pl) after the completion of the entire registration/log in procedure and/or placing the Order. In Order, among other things, the User has to:

– choose the ordered Goods

– specify the delivery address

– choose the payment method.

2.Submission of personal data in Order form is indispensable to conclude Sale-Acquisition Agreement. User should submit correct data which enable contact and delivery of the orderd Goods. User is the only person responsible for the validity of the submitted data.

3.The condition for successful placement of Order is filling in all the required fields marked with an asterisk (*) in Order form and acceptance of the conditions of Rules.

4.The information provided in Order form should be true, up to date and precise. Seller reserves a right to refuse to execute Order if the submitted data is wrong or imprecise enough to make it impossible to execute Order, especially to deliver the package. Before Seller refuses to execute Order, they will try to contact User in order to receive the data within the scope allowing for the execution of Order.

5.Seller reserves the right to refuse to execute Order, or to cancel Order placed by User who has not collected the ordered Goods previously, failed to pay, or when there is reasonable doubt to the authenticity of Order.

6.Sale-Acquisition Agreement of Goods offered via Shop is concluded in the moment when the confirmation of the receipt of Order is sent to Client via e-mail.

7.Saving, protection, sharing and confirmation of the crucial provisions of Sale-Acquisition Agreement is done by sending to Client a confirmation of Order via e-mail. It is the 2nd March 2000 Act about the protection of some consumer rights and liability for damage caused by dangerous product, as well as other legal documents, that is applied when concluding Sale-Acquisition Agreements by means of distance communication.

VI.Payment Methods

1.Shop accepts the following payment methods:

– tPay payment

– payment card: VISA, VISA Electron, Master Card and Maestro – please note that the price is charged to the payment card at the moment of placing the order

– cash on delivery of Goods.

2.The data concerning the payment card and bank account are not known to Seller. Autorisation of electronic payment methods takes place on websites of the respective banks.

3.Payments can be done only by persons authorised to use the means upon which the payments are executed.

4.The settlement of a payment for Goods ordered in Shop is done via tPay service.

5.If Client chooses a payment method other than cash on delivery, Seller reserves a right to refuse to execute Order within Sale-Acquisition Agreement if: 

– Client’s contact information is wrong or imprecise to the point that it makes the delivery impossible

– the transaction has not been authorised in the tPay system or in the system of card payment

– the payment for Order was not settled within two Working Day from the placing of Order.

6.Seller reserves the possibility to disable the payment method “cash on delivery” for Clients who did not collect their Orders two times in a row.

VII. Conditions and Cost of Delivery

1.The delivery of Goods is limited to the territory of Poland, Małopolska voivodeship, the city of Cracow and vicinity, Mazowieckie voivodeship, the city of Warsaw and vicinity. The Seller reserves the right to make deliveries to the locations previously not served and to cancel deliveries to the locations previously served.

2.The delivery of ordered Goods takes place via parcel service.

3.Orders which exceed a certain value are sent at the expense of Shop. The information on the current price limit is always indicated on product pages of Shop and in the “basket”when the order is being placed. Otherwise, Client covers the delivery cost, about which they are informed before the acceptance of Order being placed. Placing Order by Client implies the acceptance of the binding delivery cost.

4.The delivery cost will be indicated on an invoice in accordance with the information displayed in the sum up field of Order.

5.Because the delivery is done via parcel service, it is mandatory to provide a phone number and to confirm Client’s presence in the place of delivery between 4 AM and 9 AM.

6.In case of Orders not executed because of Client’s fault, especially in case of not being present in the place of delivery between 4 AM and 9 AM, an unjustified denial to collect the Goods, submission of a wrong address or postal code, Seller reserves a right to charge Client with the cost of re-transport, independently from the value of Order. 

7.Seller considers the submission of the delivery address at which the parcel should be sent as binding, at the stage of placing Order. Shop reserves a possibility to change the delivery address upon a Client’s request, until the moment when the parcel is taken over by the parcel  service. After the parcel service takes over the parcel, it is impossible to change the delivery address.

8.While collecting the parcel delivered by the parcel service, Client should check the condition of the outer packaging in the presence of the delivery man. In case it is damaged, Client and the delivery man shall draw up a Damage Protocol in duplicate signed by both.

VIII. Returns of Goods (The Right to Withdraw from Distance Contract)

1.Each Client has – on the basis of the rules of law – a right to withdraw from a concluded Sale-Acquisition Agreement without stating the reason, within the time indicated below.

2.Client has a right to withdraw from a concluded Sale-Acquisition Agreement within a period of 14 days, which starts on the day when Client receives Goods. The deadline will be considered observed if Client sends their statement settling out their decision to withdraw from the Sale-Acquisition Agreement to the address indicated below.

3.In case Client resigns from Goods purchased in Shop (i.e., the execution of the right to withdraw from Sale-Acquisition Agreement) according to the rules stated in this paragraph, the Sale-Acquisition Agreement shall be considered not concluded, and Client is free from all obligations. The services rendered by the parties are returned in an unchanged form, unless the change was necessary within the framework of ordinary handling.

In this case, the price shall be paid for the Goods, with the costs of the original shipment, if the Customer has chosen the cheapest method of delivery. If the Customer has chosen a method of delivery other than the cheapest method offered by the Seller, the Seller shall reimburse the costs of delivery of the ordered goods up to the amount equal to the value of the cheapest available option of shipment. The Customer shall bear direct costs of item return, in particular the cost of packaging and the postage for return shipping.

Such costs shall be returned to the Customer immediately after their withdrawal from the Sales/Purchase Agreement, but no later than within 14 days from the date of withdrawal from the Sales/Purchase Agreement, by bank transfer to the account specified by the Customer in the return/complaint form. Details regarding the return of costs shall be agreed with the Customer by e-mail or by phone.

IX. Complaints

1.Seller answers to Client who is a consumer, as described in the art. 221 of the Civil Code, for non-compliance of Sale-Acquisition Agreement with the Goods purchased by this Client, as described in the Act on specific terms and conditions of consumer sale.

2.Complaints resulting from the infringement of Client’s rights which are guaranteed by the law, or on the basis of Rules, shall be sent to Seller via e-mail at hello@lovecatering.pl

3.The complaint shall be printed and sent via e-mail or post.

4.Seller is obliged to consider every complaint within the period of 14 Working Days (since the day on which Seller receives back the Goods being the matter of the complaint).

5.Client has a right to file a complaint if Client identifies an inconsistency between the terms and conditions of the Sale-Acquisition Agreement and the delivered Goods, especially in case of identifying:

– faults of Goods

– mechanical damage resulting from delivery; however, in such a case Client shall draw up a Damage Protocol in the presence of the delivery man and shall describe precisely the damage of Goods

– an incosistency of Goods with the Goods mentioned in Order.

6.The differences in the visual aspect of Goods delivered and Goods ordered and seen on Shop’s website shall not be a basis for a complaint, as such differences may result from different settings (parameters) of Client’s screen. 

7.Seller verifies if a complaint is well-founded and informs Client about it via e-mail. In case a complaint is considered valid, the damaged Goods shall be exchanged for full-valued Goods, and if that is impossible (e.g. on account of it being out of stock), Seller shall give Client back the equivalent of the price of the Goods together with the primary delivery cost, within a period of 14 days since the sending out via e-mail the information on the fact that the complaint has been considered well-founded. If a complaint is considered unjustified, Shop discusses with Client via e-mail whether the Goods shall be sent back to them at their expense, or disposed.

X GDPR clause

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), i.e. GDPR. Pursuant to Article 13 of GDPR, we provide you with the following information:

1.The Data Controller is Love Catering sp. z o.o. with its registered office in Kraków, 30-148 Kraków, ul. Samuela Bogumiła Lindego 7, entered in the register of entrepreneurs kept by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register under KRS [National Court Register] No.: 0000736485, NIP [VAT No.]: 944-225-98-86, REGON [National Official Business Register No.]: 380505122.

2.Personal data is collected to execute orders and services, and for marketing and promotional purposes of the Data Controller.

3.Personal data is processed in accordance with GDPR:

– pursuant to Article 6 section 1(a) – the processing of personal data is on the basis of the consent given,

– pursuant to Article 6 section 1(b) – the processing of personal data is necessary for the performance of an agreement or to take steps prior to entering into an agreement, on request,

– pursuant to Article 6 section 1(c) – the processing of personal data is necessary for compliance with a legal obligation,

– pursuant to Article 6 section 1(f) – the processing of personal data is necessary for the purposes of legitimate interests, to be communicated to you at all times.

4.The processing of personal data is also subject to other specific provisions, including the Act on the Provision of Services by electronic means.

5.Personal data is collected by the Data Controller voluntarily, based on the consent given. However, if the consent to the processing is not given, the Order cannot be executed.

6.The person whose personal data is processed by the Data Controller shall have the right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office.

7.Personal data shall be stored:

A.until expiry of the limitation period for claims,

B.until expiry of the legal obligation to store personal data,

C.to the extent that the processing of personal data is based on the consent (the right to withdraw the consent at any time),

D.to the extent necessary for direct marketing, until you object to the processing for the purpose of direct marketing.

8.Personal data shall be processed for the following purposes:

– performance of the agreement,

– administrative activities in connection with the acceptance and execution of the order,

– activities performed via electronic means of communication,

– invoicing,

– charging fees,

– handling complaints,

– debt collection, if any,

– service quality control,

– own services marketing.

9.Every data subject shall have the right to access, rectify and erase their data, the right to restrict the processing of their data, the right to data portability, the right to object to the processing of their data, and the right to withdraw the consent to the processing at any time. The data subject shall have the right to lodge a complaint with the President of the Personal Data Protection Office if the processing of their personal data violates generally applicable laws. The provision of personal data is voluntary, but necessary to execute the Order.

10.Upon the request of the Data Controller, the data may be transferred to entities processing personal data, including:

– couriers delivering the Seller’s Diet Sets,

– entities which cooperate with the Seller for the preparation of the Diet Sets,

– IT service providers based in Poland,

– documentation archiving service providers,

– entities processing data for the purpose of debt collection,

– law firms providing legal support,

– marketing agencies,

– accounting offices.

The entities specified above shall process the data under the agreement with the Data Controller and following the instructions of the Data Controller.

11.The Data Controller processing personal data shall apply technical organisational measures to ensure the protection of the processed personal data, and in particular shall protect the data against unauthorised access, loss, damage or destruction.

12.Detailed information on the processing and protection of personal data by the Seller can be found in the Privacy Policy published at www.lovecatering.pl.

XI. Technical requirements of using Shop

1.In order to familiarise themselves with Shop’s offer and make purchases within it via the Internet (to conclude Sale-Acquisition Agreements with Seller), User should have at their disposal computer hardware which meets the following technical requirements: a computer with an Internet browser WWW enabling cookies, JavaScript and Flash, and access to e-mail.

2.In order to use Shop, User shall on their own obtain the access to a computer station or a final device with the Internet access.

3.Among particular dangers connected to browsing Shop’s website and making purchases on it there is using the website without applying safeguards described in the documentation of the browser. It pertains especially to mechanisms broadening the functionality of browsers by functions which exceed the HTML standard. In case of wrong configuration of the safeguards of the browser there is also a possibility of stealing data sent to and from the WWW server. Moreover, browsing the website of Shop requires that User provides: IP address, domain, and the address of the previously visited website (the website from which User connected with Shop by clicking an appropriate link), browser, operational system, etc.

XII. Final Provisions

1.Seller reserves a right to modify Rules. All changes to  Rules shall be effective since their publication date on Shop’s website, however they do not infringe the rights of persons who concluded Sale-Acquisition Agreements before the implementation of the changes.

2.Lack of acceptance of Rules disables User from making purchases. Seller shall let User familiarise themselves with Rules at the time of placing Order. Clients who possess Account in Shop shall be informed about the changes in Raules via e-mail. Client who does not accept the changes introduced to Rules has a right to delete their Account at any time.

3.All the trade names and names of Goods are trade marks or registered trademarks of respective companies of respective owners and have been put on website solely for identification purposes.

4.The provisions of Polish law, in particular the Civil Code, the Consumer Rights Act, the Act on Provision of Services by Electronic Means, and EU law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, shall apply to all matters not governed by these Regulations.

5.If any provision of the Regulations proves or is held to be invalid by a final judicial decision, all other provisions of the Regulations shall remain in force.