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Terms and conditions of the loyalty programme of the online www.maczfit.pl store - run from December 18th, 2018 by Maczfit Foods sp. z o.o. with its headquarters in Warsaw

§1 GENERAL PROVISIONS
  • 1. These Terms and Conditions (hereinafter called the “Terms and Conditions”) set forth the rules of the program and conditions of participation in the loyalty program (hereinafter called the “Program”/”Loyalty Program”), organized by Maczfit Foods sp. z o.o., Iwonicka 37, 05-077 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS No. 0000752666, Tax ID No./NIP: 9512471196, REGON: 381565356, share capital of PLN 775,000.00, e-mail: kontakt@maczfit.pl (hereinafter called the “Organizer”). 
  • 2. The Program is operated on the territory of Poland. The Program runs from 13 July 2019, 00.01 a.m. to 31 May 2020, 11.59 p.m. subject to the provisions of §5. 
  • 3. It is voluntary to join the Program. 
  • 4. The Program enables the Organizer's clients (hereinafter called the “Clients”) purchasing, through the maczfit.pl online store (hereinafter called the “Store”), the dietary program offered in the Store (hereinafter called the “Set”) to earn points that can then be exchanged for prizes (hereinafter called “Prizes”) under the Terms and Conditions. 
  • 5. The Terms and Conditions are available at the maczfit.pl website without interruption and free of charge in such a way that its contents can be acquired, reproduced and preserved by printing or saving to storage media at any time.
§2 PROGRAM PARTICIPANTS
  • 1. A Participant in the Program (hereinafter called the “Participant”) may be a natural person over 18 years of age, having full capacity to act, residing in Poland, who has set up an account referred to in paragraph 3 below, is the Client and acts as a consumer within the meaning of Article 22(1) of the Civil Code. 
  • 2. Participation in the Program is free of charge and possible on condition that the data communications system used by the Participant meets the following minimum technical requirements: a. a computer or a mobile device with Internet access, b. access to e-mail, c. Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later, d. enables cookies and JavaScript in his or her browser. 
  • 3. It is possible to earn points and exchange them for Prizes in the Program by setting up and keeping an account in the Store on the terms specified in the Terms and Conditions of the maczfit.pl website (hereinafter called the “Account”). However, the exchange of points for Prizes requires joining the Program by selecting the suitable button after logging in to the Account and reading the Terms and Conditions. 
  • 4. The Participant can be registered in the Program only once at a time. 
  • 5. The Participant may not make his or her Account available to third parties. 
  • 6. The Participant is in particular obliged to: a. not to provide or transmit content that is prohibited by law, such as content that promotes violence, e.g. defames or violates the personal and other rights of third parties, b. use the Account and the Store in a manner that does not interfere with its operation, in particular through the use of specific software or hardware, c. not to take action such as sending or posting unsolicited commercial communications (spam), d. use the Program and the Account in a manner consistent with the provisions of the law of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the acceptable way of using the Internet. 
  • 7. The public character of the Internet and the use of services provided by electronic means may be associated with the risk of Participants’ data being obtained and modified by unauthorised persons, therefore Participants should employ technical measures to minimise this risk, in particular use anti-virus and identity-protection software for Internet users. 
  • 8. A consumer Participant may withdraw from the Program participation agreement without giving any reason by submitting an appropriate statement within 14 days of the conclusion thereof, unless s/he agreed to perform the agreement before the withdrawal therefrom, in which case the right to withdraw therefrom does not apply. 
  • 9. In order to meet the deadline for withdrawal from the agreement it is sufficient to send a statement before the deadline passes. The Participant may formulate the statement on his or her own or use the model agreement withdrawal statement, which is attached as an Appendix hereto. In the event of withdrawal, the Agreement is deemed null and void and the parties make mutual returns, which means that the Points credited are cancelled.
§3 POINTS
  • 1. The Organizer credits points for the purchase of Sets, in accordance with provisions set out below. The list of available Sets and points to be credited for purchasing a Set can be found on the Store's website. 
  • 2. The Organizer will award points for the purchase of Sets within 3 calendar years from the date of purchasing a Set. The Participant is entitled to complain about wrongly calculated or not calculated points, in line with §6 hereof, subject to the provisions of §2.
  •  3. Points are not redeemable for money. Points are not electronic money.
  •  4. Points are deemed to be credited to the Account as soon as they are registered as credited to it. Points are credited immediately after the Set is paid for. 
  • 5. Points are assigned to a particular Account and it is not possible to transfer them between Accounts. 
  • 6. Points are valid for the duration of this loyalty program, from the date they are credited, subject to further provisions hereof. 
  • 7. If the Participant fails to extend the duration of a Set or to purchase a new Set with a delivery date falling within 3 (three) months from the date of expiry (delivery) of the last Set, points will be cancelled. 
  • 8. Following the expiry of Points, they cannot be exchanged for Prizes and are cancelled. 
  • 9. If one does not purchase Sets, for which points have been credited to the Participant (e.g. in the event of withdrawal from the agreement, under which the purchase was made), or in the event that the Participant commits an abuse or misenters a particular activity, points will not be credited or will be cancelled. 
  • 10. Participation in the Program is not combined with the “Table for two” promotion, which means that points in the Program are not credited or awarded if the Participant takes advantage of the “Table for two” promotion, while the Participant of the Loyalty Program, who acquires points in it, cannot take advantage of the “Table for two” promotion at the same time. 
  • 11. Points credited to Participants under the Organizer's loyalty program being run until 28 June 2019 are not included in this Loyalty Program.
§4 PRIZES
  • 1. The Loyalty Program consists in exchanging a specified number of points earned by the Participant according to §3 of Terms and Conditions, for Prizes of equivalent value according to §4(3) hereof. Points assigned to the Participant's account make up a pool of his or her points (hereinafter called the „Pool”). Subject to §2(3), in order to receive the Prize, the Participant must collect in the Pool an appropriate number of points corresponding to the Prize according to the §4(3) hereof and exchange Points according to these Terms and Conditions at the time when at least 1 (one) Order assigned to his or her Customer Account is being fulfilled, unless indicated otherwise. 
  • 2. After the Prize is selected, the points with the value of the Prize, collected in the Participant's Pool, are exchanged for the Prize. When the Prize is selected, the relevant number of points is deducted from the Pool of points collected in the Participant's account. 
  • 3. A Participant who have collected a number of points specified in this paragraph will be entitled to receive only the following Prizes: a. Threshold 1: 1,000 points – 1 day of any selected Maczfit diet (except DETOX ME and Petit Box); b. Threshold 2: 5,000 points – 3 days of any selected Maczfit diet (except DETOX ME and Petit Box); c. Threshold 3: 10,000 points – 5 days of any selected Maczfit diet (except DETOX ME and Petit Box); d. Threshold 4: 15,000 points – a voucher entitling to receive a Maczfit diet (except DETOX ME and Petit Box) worth PLN 600, selected by the Participant. In case of choosing the Maczfit diet with a lower value, the remainder of the amount may be used, during the Loyalty Program period, to pay for the part of another Maczfit diet, while in case of choosing the Maczfit diet with a value higher than the voucher value, the Participant may pay the difference from his/her own funds. 
  • 4. The expression „except DETOX ME and Petit Box” used in the names of Prizes means that Organizer's „DETOX ME” and „Petit Box” services are not services that can be chosen as part of the Prize for the collected points. 
  • 5. The Participant may freely choose any Prize according to the points collected in the Pool and is not obliged to select Prized in a sequence or from an ordered list given in §4(3) of Terms and Conditions, nor to select all available types of Prizes. 
  • 6. In order to receive a Prize, a Participant must declare selecting the Prize using the features available in the Customer Account after logging in to the Account. A Participant may only declare a Prize with a value at least equivalent to the points s/he has collected that have been credited to her/his Pool. The choice of the Prize results in deducting points from the Participant's pool. 
  • 7. Upon selection of the Prize from the Threshold 1 through 3, the Participant will be asked to indicate the data necessary to deliver the Prize, in particular the date(s) to deliver Prizes by adding them to the period of the Order being currently fulfilled and indicating the selected diet subject to the paragraph 4 above and further provisions of the Terms and Conditions, as well as taking into account the dates and places indicated in the Store and the Store's terms and conditions. 
  • 8. A Participant may not exchange points for a Prize, except for a Threshold 4 Prize (a voucher) if no Orders assigned to his or her customer account are currently being fulfilled for him or her. 
  • 9. If a Participant has several Orders being currently fulfilled, when exchanging Points, the Participant will be asked to specify the period of Orders. The Threshold 1 through Threshold 3 Prize will be added to these Orders. 
  • 10. The phrase “adding the Prize to the Order” referred to in paragraphs 7 and 8, shall mean that the dietary Set selected as part of the chosen Prize is delivered by the time limit specified by the Participant, during the fulfilment of the Ordered Sets (which extends the Order period accordingly) or by the time limit immediately after their fulfilment, respecting the fulfilment deadlines of the Store. 
  • 11. Threshold 4 Prize (voucher) shall be sent by the Organizer to the e-mail address indicated by the Participant in the Account or by postal service to the addresses indicated in the Account. The Participant may use the voucher only during its validity period of 3 (three) months – 90 calendar days from the date of it being sent by the Organizer to the Participant. The day of sending the voucher referred to in the previous sentence is understood as the day of sending a letter or e-mail with the voucher. The voucher will be charged according to the rules in the Terms and Conditions of the Store, taking into account the locations to which the Organizer delivers the Sets, in line with the information provided by the Store. 
  • 12. The Prize shall be delivered at the expense of the Organizer. 
  • 13. Prizes may not be exchanged for money (or any other means of payment), resold, copied, counterfeited or otherwise modified. Acceptable Prizes are only Prizes originally listed by the Organizer. 
  • 14. A Participant is entitled to exchange points for any number of Prizes specified in §4(3) of Terms and Conditions provided that the appropriate number of points has been earned in the Pool and the time limits specified herein are adhered to. The Organizer does not make any restrictions on the maximum number of points that a Participant may collect in his/her Account, however, the choice of each Prize decreases his/her points earned, according to the value of points assigned to a given Prize.
§5 CANCELLATION OF THE AGREEMENT
  • 1. The Participant may cancel the Loyalty Program Participation Agreement at any time with immediate effect by submitting a statement in writing to the Organizer's registered office or by sending an e-mail to kontakt@maczfit.pl. For important reasons, the Organizer may cancel the agreement with the Participant with a 14 days’ period of notice. Important reasons referred to in the previous sentence are the violation by the Participant of the provisions hereof or applicable provisions of the law relating to the Program. Cancellation by the Organizer requires the reason for the cancellation to be indicated. 
  • 2. The termination of participation in the Program will result in the loss of the right to receive the Prize. The Participant intending to terminate the agreement should, as far as possible, convert the points earned into a Prize in advance – if s/he is entitled to do so. If the Participant terminates the agreement without exchanging points for a Prize beforehand or if the Participant terminates the agreement and after exchanging points, there will still be unused points in Participant's account, they will be deleted without the possibility of restoring them. 
  • 3. After a relevant investigation, the Organizer has the right to exclude from the Program any Participant who takes actions in respect to which it is reasonably assumed that there may be attempts to circumvent the Terms and Conditions, security measures or the rules of the Program operation. 
  • 4. The Organizer may discontinue the loyalty program. Such a decision shall be notified to the Participants no later than 30 days in advance. During this time, Participants may exchange points for Prizes.
§6 COMPLAINTS
  • 1. Complaints should be submitted to the Organizer in writing to the address: Iwonicka 37, 05-077 Warszawa or in an e-mail to kontakt@maczfit.pl or using the contact form available at maczfit.pl. 
  • 2. A complaint should include: name, surname, address of the complainant, his/her telephone number and e-mail address as well as a detailed description and reason for the complaint. 
  • 3. The Organizer will investigate the complaint immediately, no later than within 30 (thirty) days of receiving it. 
  • 4. The Organizer shall inform the complainant about the investigation of the complaint within the time limit specified above, in writing or by e-mail to the address given in the complaint report.
§7 PROTECTION OF PERSONAL DATA
  • The Organizer processes personal data of Participants in accordance with applicable law and the Privacy Policy available on the Store's website, maczfit.pl.
§8 NONJUDICIAL METHODS OF RESOLVING COMPLAINTS AND SEEKING REDRESS
  • The Participant may use non-court procedures for complaint examination and seeking redress in accordance with the rules set out on the www.uokik.gov.pl website in the „Resolving consumer disputes”. In particular, the Participant may: 1. receive free assistance in resolving a dispute between a Participant and the Organizer, with the help of a poviat (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Polish Consumer Association); 2. file their complaint via the EU ODR web-based platform at: http://ec.europa.eu/consumers/odr/.
§9 FINAL PROVISIONS
  • 1. Information on the Program will be provided to the Participants by means of messages displayed on the maczfit.pl website or sent by e-mail to the e-mail address provided by the Participant in the Account. 
  • 2. In the event of changes to the Terms and Conditions, the Participant will be notified of any changes hereto by means of information on the maczfit.pl website containing a list of changes and dates of their coming into effect. The effective date of the changes shall not be earlier than 14 (fourteen) days from the date of announcing them. If the Participant does not accept the new content of the Terms and Conditions, he or she is obliged to notify the Organizer about this fact within 14 days from the date of being informed about the change hereto. Notifying the Organizer about the nonacceptance of the new Terms and Conditions shall result in termination of the agreement with effect on the date of Terms and Conditions’ entry into force. 
  • 3. Prizes, promotions or discounts that Participants are entitled to thanks to the number of points collected by them in other (including previous) programs, promotional campaigns etc. are delivered on the principles set out in separate regulations.