• General information

    Maczfit Foods sp. z o.o. based in Warsaw, operates their website at www.maczfit.pl and provides a Mobile Application under the name Maczfit in which it offers customers the use of its services, including, in particular, the ability to order the products, goods and services offered by Maczfit.

    These Terms and Conditions define the types and scope of the electronic provision of Services, both through the Website and through the Application, the rules for concluding contracts, the rights and obligations of the Customer and the Service Provider and the modalities of withdrawal and Complaint Proceedings. For the purposes of these Terms and Conditions, the Website and the Application will, hereinafter, be referred to, together, as ”Maczfit".

    The Terms and Conditions also govern the rules for placing and executing orders by telephone and by e-mail.

    Maczfit Foods may also make available and offer its services, goods or products using places or channels other than those specified in these Terms and Conditions – in which case, unless otherwise specified, the terms of Service will be specified separately in the relevant place or channel.

  • §1 Definitions
    • Service Provider- Maczfit Foods Sp. z o. o., ul. Iwonicka 37, 02-924 Warszawa, is entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000752666, Tax Reg. no. NIP: 9512471196, Statistical Reg. no. REGON: 381565356, tel.: +48 734 461 099, e-mail: [email protected], BDO number: 000142534.
    • Website/ Service – The website is owned by the Service Provider and is available at www.maczfit.pl.
    • Mobile Application / Application – The software, under the name "Maczfit", was created by the Service Provider and is made available to customers via Google Play, AppStore and AppGallery; it is intended for installation on a mobile device, where customers can use the services offered by the Service Provider.
    • Customer – a natural person who has full legal capacity, a natural person carrying out a business activity, a legal person or an organisational unit which is not a legal person to whom special provisions confer legal capacity, who contracts with Maczfit or uses other services available at Maczfit.
    • Consumer – a natural person carrying out a legal act with the service provider not directly related to his/her business or professional activities.
    • Entrepreneur - a customer who is an entrepreneur within the meaning of Art. 43 [1] of the Civil Code.
    • Product- ready-made meals and delivery service, thereof; dietary programmes specified in detail at Maczfit, implemented by the Service Provider under the conditions set out in these Terms and Conditions and in the information at Maczfit.
    • Service – electronic services provided by the Service Provider through Maczfit.
    • Contract – a contract concluded at a distance between the Customer and the Service Provider using Maczfit, the object of which is the ordering of products or goods by the Customer.
    • Customer Account – a dossier of information, held at Maczfit, concerning the customer and including the Customer’s address data and order history.
    • Subscription Period – the period of time during which the Service Provider delivers products to the Customer.
    • Order – a statement of the customer's intentions aimed directly at the conclusion of a contract, specifying in particular, the type and number of products or goods.
    • Registration Form- the form, available at Maczfit, for opening a Customer Account.
    • Goods – any goods available at Maczfit which are not a Product within the meaning of these Terms and Conditions.
    • Working day – one day within the period from Monday to Friday, except public holidays.
    • Mobile Device/ Device – a device that allows a Customer to use an application and a data transmission service, in particular a mobile phone or tablet, running on the operating system AndroidTM, IOS or other, as specified in the Application.
    • Google - The Google Ireland, Co. Ltd, registered at Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Republic of Ireland, the operator of the Google Play Online Store.
    • Google Play - an online mobile application store called: Play Store, which is run by Google, for AndroidTM mobile devices.
    • Apple Distribution International - The Apple Distribution International Company, headquartered in the Republic of Ireland at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, registered under number 470672 in the Registrar of Companies of the Republic of Ireland, is an AppStore operator.
    • AppStore - an online mobile app store run by Apple Distribution International, designed for iOS mobile devices.
    • Aspiegel Limited – a company, incorporated in the Republic of Ireland at 1F, Simmonscourt House, Ballsbridge, Dublin, D04 W9H6 Republic of Ireland, registered under number 561134 in the Company Registration Office of the Republic of Ireland, which operates the App Gallery online store.
    • AppGallery – an online mobile app store run by Aspiegel Limited, intended for mobile devices running Android TM or any other designated directly in the AppGallery.
    • Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Legal Journal of 2014, No. 827);
    • Civil Code – the Act of 23 April 1964 (Legal Journal No. 16, pos. 93 as amended).
    • Terms and Conditions – this document.
  • §2 General provisions
    • 1. The Service Provider undertakes to provide both Website and Application Services to the Customer both within and under the conditions set out in these Terms and Conditions.
    • 2. Contact with the service provider is through:

    - e-mail address: [email protected];

    - by telephone: +48 734 461 099.

    • 3. These Terms and Conditions will be continuously available at Maczfit, in such a way as to enable them to be acquired, reproduced and perpetuated by printing or writing on the medium at any time.
    • 4. The Service Provider will inform that the use of electronically supplied services may entail a threat on the part of any internet user, consisting of the possibility of introducing malicious software into the customer's computer system and the acquisition and modification of its data by unauthorised persons. In order to avoid the risk of such threats, the Customer should put appropriate technical measures in place, in order to minimise the occurrence thereof, in particular anti-virus programmes and a firewall.
    • 5. Using Maczfit means any activity of the Customer that acquaints him or her with the content contained at Maczfit – in the Service or Application, respectively.
    • 6. Minimum technical requirements for the use of the Service are:

    - a computer or mobile device, with internet access; 

    - access to e-mail; 

    - web browser 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;

    - Cookies and Javascript enabled in the web browser.

    • 7. Minimum technical requirements for the use of the Application:

    - mobile device operating system: Android version 5.0 or higher or iOS version 10.0 or higher;

    - installing the Application on a compatible mobile device;

    - internet access on a mobile device;

    - access to e-mail;

    - an active data transmission service, correctly configured on a mobile device, provided by a telecommunications operator or an active wireless connection;

    - having a user account on Facebook (facebook.com) or Google (google.com) - in the case of registration and login to the Application using these service accounts.

    • 8. In order to use the Application, the Customer should:

    - refer to the Terms and Conditions and App information available on Google Play, AppStore or AppGallery, respectively;

    - download the Application from Google Play, AppStore or AppGallery;

    - install the Application on a mobile device by following the directions displayed on the screen of the mobile device during installation.

    • 9. In addition, in order to use certain Mobile Application Services or functionalities, it may be necessary to include location services on the mobile device and to provide access to those services and to the camera embedded in the mobile device. In order to optimise the use of such services or functionalities, it is recommended that applications be allowed to access these Services on a permanent basis.
    • 10. The Service Provider can also display Push Notifications to Customers using the Application on the mobile device, as part of selected Services or functionalities. Push Notifications are only displayed to Customers who have given their consent, by accepting the appropriate prompt in the Application or by selecting the appropriate options in the mobile device settings.
    • 11. Where the Customer uses the Application, the provisions of these Terms and Conditions will also constitute the Agreement to the content of the Application, concluded at the time of the acceptance of these Terms and Conditions. The Application Agreement is for an indefinite period and will terminate when the Application is uninstalled from the Customer's mobile device. The Customer can, at any time, stop using the Application by removing it from the mobile device in the manner standard for the particular version of the operating system installed on the mobile device. The deletion of the Application does not affect the performance of contracts within the subscription period, except that if the Customer has chosen an order with the option of subscription payment (available only in the Application), the subscription will be cancelled at the end of the subscription period.
    • 12. Upon conclusion of the Application Agreement, the Service Provider grants the Customer a licence to use the Application. The licence will be non-exclusive, non-transferable and unlimited territorially. The licence to use the Application is free of charge. The licence is granted for an indefinite period, but not longer than the duration of the Application Agreement. The licence authorises the use of the Application on the Customer's mobile devices without the right to sub-license, in the following fields of operation:

    - introduction to the memory (including RAM) of a mobile device,

    - storage in the memory of a mobile device and display in that mobile device,

    - temporary multiplication, necessary to use the Application, in the memory of the mobile device,

    - adaptation of the Application necessary to use it, via a mobile device, with regards to the configuration of the hardware and software.

    • 13. A breach by a Customer of the Terms of the Licence, referred to in the above paragraph, will entitle the Service Provider to terminate the contract with immediate effect and, in the case of a Customer who is a Consumer, request that the infringement cease, after prior notification to that Consumer / Customer.
    • 14. Any customer using Maczfit is obliged in particular:

    - not to deliver or transmit unlawful content;

    - to use Maczfit in a way that does not interfere with its functioning, in particular by using specific software or devices;

    - to use any content, posted within the framework of Maczfit, for personal use only;

    - to use Maczfit in a manner consistent with the provisions of the law, in force within the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general Rules of Use of the Internet.

  • §3 Services and General Conditions of Service
    • 1. The Service Provider allows you, via Maczfit, to use the free services that are provided by the Service Provider 24 hours a day, 7 days a week.
    • 2. The Services provided by the Service Provider in the Website differ from the services and functionality provided within the Application, as described below.
    • 3. The Customer can view the content presented in both the Service and the Application. In particular, industry-related content may be presented. The termination of the provision of a Service, consisting in the provision of content available on both the Service and the Application to the Customer, takes place when the Customer closes the Service website or closes the Application.
    • 4. Both the Service and the Application provide a Customer Account Service. This service is available for the Customer to register himself / herself on the Service or in the Application. Registration is achieved by completing the Registration Form and having it accepted. Activation of the Customer Account takes place after the Customer confirms the registration, in accordance with the instructions contained in the message sent by the Service Provider to the e-mail address provided by the Customer during the registration. The contract for the provision of Service which is maintenance of the Customer' Account, will be concluded for an indefinite period and will terminate when the Customer requests that his / her Customer Account be deleted.
    • 5. A Customer Account in the Service and Application is the same account, which means that the Customer with a Customer Account in the Service or Application can log in, using the same login data (login and password) in the second of these places, respectively.
    • 6. The Service Provider also allows a Customer Account to be registered in the Application and Service and permits logging into that Customer Account using the Customer Account on Google's external website (google.com) or Facebook (facebook.com). A Customer who registers with a Google or Facebook account makes his/her name public in the Application and Service, which the Application stores and uses as part of the Customer's Account.
    • 7. The Service Provider, through both the Service and the Application, allows any selected Product or Goods, to be purchased, the execution and delivery of which will be made within the time specified in the Order. Detailed rules for the submission and execution of contracts will be laid down in subsequent paragraphs of these Terms and Conditions.
    • 8. The Customer may receive commercial information from the Service Provider in the form of e-mails, sent to the address specified by the Customer and/or in the form of SMS messages, sent to the telephone number specified by the Customer (Newsletter service). The provision of the newsletter service is governed by separate Terms and Conditions available at Maczfit.
    • 9. Only within the service, has the Customer the opportunity to post individual and subjective statements relating to, among other things, a Product, Goods or a transaction process that may be visible to other customers of the Service. The Customer, when adding such a statement, states that he/she has all rights to the content, in particular copyright, related rights and industrial property rights. The Contract for the Provision of a Service, consisting in the posting of Opinions on Products or Goods in the Service, shall be concluded on a time-marked basis and shall be terminated as soon as the opinion is added.
    • 10. The statements referred to, in the section above, should be edited in a transparent and understandable manner and must not infringe the applicable law, including the rights of third parties – in particular, they must not be defamatory, infringe personal goods or constitute unfair competition. By posting a statement, the Customer agrees to use the same, free of charge and to publish it by the Service Provider, as well as to produce works within the meaning of the Copyright and Related Rights Act (Legal Journal of 1994 no. 24 pos. 83).
    • 11. Additionally – and only using the Application- the Customer may use the Services and functionalities provided by the Service Provider, such as:

    - the ability to evaluate and comment on individual meals from his/her Order – ratings will not be visible to other users of the Application;

    - water tracker - allowing the Customer to control the amount of water he/she drinks per day, set goals to achieve and receive Push Notifications with reminders and information about progress towards the goal;

    - synchronisation of the Application with other applications in the Customer's mobile device - to the extent indicated directly in the Application, allowing the Customer to store and preserve specified data in the Application;

    - receive notifications, particularly Push, about specific actions in the Application, including, for example, the availability of delivery facilities, in destinations selected by the Customer.

    • 12. The Service Provider has the right to organise occasional competitions and promotions, the terms of which will be specified at Maczfit. Maczfit promotions will not be merged unless otherwise specified by the rules of the promotion. If you choose points in the Loyalty Programme, the Customer cannot benefit from the 5% discount ("Table for Two").
    • 13. In the event of a breach by a Customer of the provisions of these Terms and Contract for the Provision of Service and after 14 days' notice, unsuccessfully requesting that the breach terminates, the Service Provider can terminate provision of Service.
  • §4 Purchase of a Product or Goods
    • 1. The information on the Products or Goods provided at Maczfit, in particular their descriptions, technical and performance parameters and prices, shall form the basis for the conclusion of a contract, within the meaning of Article 71 of the Civil Code.
    • 2. The Service Provider allows the Customer to place an Order for the preparation and delivery of the Product throughout the subscription period, in accordance with the Order.
    • 3. The Service Provider allows the placing of Orders:

    - by telephone: +48 734 461 099 Mondays to Fridays from 6 a.m. to 7 p.m. and Saturdays from 6 a.m. to 7 p.m. 8 a.m. to 2 p.m.;

    - by e-mail to: [email protected] -7 days a week, 24 hours a day;

    - through Order Forms available at Maczfit - 7 days a week, 24 hours a day.

    • 4. The condition for the placing of Orders is to have an active e-mail account and, in the case of orders placed through the Order Forms available at Maczfit, also to have a Customer Account and to log in to it.
    • 5. Subject to the other provisions of these Terms and Conditions, in order to place an Order, the Customer shall, after logging in to his/her Customer Account, indicate the Product offered by the Service Provider at Maczfit, specify or select the type of dietary programme, the caloric content of the meals included in the product and the period of time during which the product will be delivered (subscription period) or indicate the product offered by the service provider at Maczfit. In addition to providing the above data, the Customer also provides the data necessary for completing the Order, including personal data and the address for delivery.
    • 6. In the case of placing an Order through the Order Forms available at Maczfit, the Order is submitted electronically, to the Service Provider by the Customer and constitutes an offer to conclude a contract for the products or goods subject to the order. An electronically submitted offer will commit the Customer if the Service Provider sends confirmation of acceptance for the performance of the Order to the e-mail address provided by the Customer, which constitutes a statement by the Service Provider of acceptance of the Customer's Order and upon receipt by the Customer of a contract concluded in accordance with the content of the Order.
    • 7. When choosing Products to order, the Customer should choose those that do not affect his or her health, or affect his or her diet, including food allergies and other diseases or ailments, requiring the elimination or the restricted consumption of certain products.
    • 8. In the case of placing an Order by telephone or by sending an electronic message, the Customer should:

    - provide, in the text of the electronic message addressed to the Service Provider or by telephone, the name of the Product or Goods from among the Goods or Products presented in the Maczfit offer, with the required quantity thereof and, in the case of a Product ordered, also the subscription period;

    - indicate the method of delivery and the form of payment, from among the methods of delivery and payment, given at Maczfit;

    - provide the data needed for completion of the Order, in particular, the name, place of residence and e-mail address.

    • 9. Information on the Order, referred to in the section above, is forwarded electronically, each time, by the Service Provider, together with information that the Customer's conclusion of the Contract requires payment for the Product or Goods ordered, upon conclusion of the Contract. In the case of the Customer who is a Consumer, the Service Provider sends the Customer confirmation of the terms of the Order, each time an Order is placed by telephone or e-mail. The contract is concluded when the Customer, who is a Consumer, sends an electronic message to the e-mail address of the Service Provider, in response to confirmation of the conditions of the Order sent by the Service Provider, in which the Customer accepts the content of the Order sent and agrees to it being completed and accepts the content of the Terms and Conditions and, in the case of placing an order involving Goods, confirms his/her having read the notice of withdrawal from the contract.
    • 10. The Contract is in Polish, with its content compatible with the Terms and Conditions.
    • 11. The Service Provider shall issue and send to the Customer an electronic VAT invoice, covering the products or goods ordered by the Customer. The invoice will be sent to the e-mail address given during the placing of the Order by the Customer.
    • 12. The Customer has the right to order 1 (one) Product as a trial combo; the trial combo can be ordered and sent to the same delivery address only 1 (one) time – regardless of which Customer orders the trial combo for that address and whether the Customer orders the trial combo via the Website or via the Application. If a trial combo has already been ordered for a given delivery address, the Customer will be informed of this by a message from Maczfit. In this case, to order a trial combo, the Customer is asked to select and indicate a different delivery address. The Customer can only order a trial combo by placing an Order directly in the Maczfit Service or Application, after logging into the Customer Account. It is not possible to order a trial kit combo by phone or by e-mail.
    • 13. A Customer can order a voucher. The Customer can order the voucher only in the Service. In the case of an Order for a voucher, that is, choosing the amount of the voucher, paying the Order, the Customer receives the voucher code electronically. The Customer can redeem the voucher both in the Service and in the Application. After selecting the Product, he/she should enter the voucher’s code. Amounts remaining will stay in the Customer's Account and may be used for subsequent Orders, as long as the voucher remains valid. The voucher cannot be converted into cash. The voucher cannot be cashed for the purchase of Goods.
    • 14. In the case of an Order for a voucher, the voucher’s code is sent electronically. A letter with a paper version of the voucher is sent by registered letter within 7 working days if the Customer has chosen this option.
    • 15. The Service Provider allows customers with a Maczfit Customer Account, to order the Product covered by the "Select the Menu" Service (hereinafter referred to as "Select the Menu Service" or "Menu Selection"). Menu Selection is a functionality that allows the Customer to choose individual meals within the dietary programme offered in the Menu Selection Service.
    • 16. In order to use the Menu Selection Service, the Customer logs into his/her Customer Account at Maczfit.
    • 17. As part of the Menu Selection Service, the Customer selects the calorie content of the product, upon placing the Order, according to the instructions available at Maczfit. The Service Provider will provide the Product with the calorific value ordered by the Customer and in accordance with the standard menu proposed by him/her, provided that the Customer has the option of replacing each meal from the standard menu as he/she is given the opportunity to change each meal for a different one of the three available options offered in the pot presented at Maczfit, until this pot is exhausted; information about this, will be presented to the Customer at Maczfit each time.
    • 18. The exchange of meals as part of the Menu Selection is possible and only available on the dates indicated directly by Maczfit, after logging in to the Customer Account. After the time limits indicated, it will not be possible to exchange meals and the Customer will receive the Product according to the standard menu indicated by Maczfit.
    • 19. In the course of Menu Selection, the Customer may make a further change to the meals mentioned, change the delivery address and change the delivery date of the Order, by such as suspending delivery or changing the delivery date, in accordance with the provisions indicated in these Terms and Conditions for other Orders, while in the course of Menu Selection, the dates within which the Customer may make them are changed. These dates will be indicated to the Customer at Maczfit each time, after the Customer has logged in to the Customer Account.

  • §5 Time required for the completion and delivery of an order
    • 1. Orders will be executed in accordance with the dates in the Order calendar, indicated at the time of placing the Order and the dates available therein.
    • 2. The Customer can change the delivery address indicated in the Order, using the functionality available, after logging in to the Maczfit Customer Account. The Customer chooses the date available at Maczfit, where delivery to the changed address will be executed. If delivery to the address chosen by the Customer is not possible, the Customer will be asked to indicate another address.
    • 3. On Saturdays and Sundays, Products are delivered over the two days. It is possible to order Products for Saturdays only, or for Sundays only. No deliveries are made Sundays. Deliveries of Orders for Sundays will only be made on the Saturday preceding the Sunday to which the Order relates. In the case of public holidays, in accordance with the applicable rules (non-working days) and on other holidays or on holidays expressly indicated by the Service Provider, supplies may be delivered in a way other than as indicated in this section; the Service Provider will inform Customers of this, on an ongoing basis.
    • 4. Delivery is carried out by the Service Provider or companies acting on his/her behalf.
    • 5. The possibility of delivery to the address indicated by the Customer during the placing of the Order is confirmed by the Service Provider when accepting the Order for execution. The Customer shall be informed whenever delivery is not possible to a given address.
    • 6. The Service Provider will inform the Maczfit Customer about the time intervals during which delivery is possible. Delivery of the Product on Business Days and Saturdays takes place between 2 a.m. and 10 a.m. The Customer has the option to specify the latest delivery time by which he would prefer the Product to be delivered. A Customer with a Customer Account also has the option to change the specified, preferred time frame using the functionality available in the Customer Account; this change will only be taken into account from the date indicated in the Maczfit when making this change.
    • 7. Delivery of the Product will take place as far as possible by the time indicated as ‘preferred’ by the Customer, but not later than 10 a.m.
    • 8. The cost of delivery of the Product in those cities listed on the Service Provider's website is included in the price of the Product specified in the "Price List" available at Maczfit, with the exception as described in the following sentence. Where the region specified by the Service Provider and indicated on the map available at https://www.maczfit.pl/gdzie-dowozimy/ or the Application has been divided by the Service Provider into zones, the cost of delivery is included in the price of the Product for deliveries within the First Zone while the following sentence applies to deliveries to localities within the Second Zone. In case of placing an Order with delivery outside the area where the price of the product is included, the cost of delivery will be indicated or given to the Customer at the time the Order is placed.
    • 9. The Service Provider may establish with the Customer, a new date for completing an Order in the event that the completion of an Order on the original date has become impossible for reasons beyond the Service Provider's control and where nothing can be done to change the situation; the Customer will be informed thereof immediately.
    • 10. The Service Provider delivers the ordered Products to the address indicated in the Order and documents this delivery by taking a photograph.
    • 11. If a Customer who is not a Consumer, fails to pick up the delivered Product, due to the absence of the person authorised to take it, or any other circumstance(s) not notified within the dates indicated to Maczfit, as the dates for editing the Order, or where delivery address details have been provided erroneously, the Product will, effectively, be deemed to have been delivered. In this case, the Customer who is not a Consumer, shall not be entitled to claim a refund for that part of the Product, for the day in question or make any other claim for non-receipt of the Product.
    • 12. When independent factors, not being the fault of the Service Provider, such as weather conditions, decisions of the state authorities and the like, impede or prevent the delivery, the Service Provider cannot be held liable for failing to deliver the Products to the Customer who is not a Consumer and such a Customer will not be entitled to complain, or be compensated or indemnified.
    • 13. In case of cancellation of the Product Order for the remaining subscription period, the Customer will be entitled to a refund in respect of the unused subscription period, calculated from the date of the effective delivery of the Customer's cancellation to the Service Provider, subject to the provisions concerning the Products ordered under the subscription payment option, referred to in § 7.
    • 14. If the Product is changed during the subscription period to a Product of a higher value, the Customer will be obliged to pay a surcharge within the time limits specified by the Service Provider. In this case, the Service Provider will also inform the Customer on which dates he/she will receive the higher value Product, as this will depend on the date of payment by the Customer. The Customer has the opportunity to change the Product to a higher value Product through individual contact with the Customer Service office – by e-mail or by phone- as well as using the functionality available at Maczfit, after logging in to the Customer Account. The change is effectively made when the payment, referred to in the first sentence, has been made to the Service Provider.
    • 15. The Customer has the right to defer deliveries during the Subscription Period after notifying the Service Provider by telephone or email. Information on the cessation of deliveries should be notified in advance, within the time limit indicated by Maczfit. The Subscription Period will be extended by the number of days on which delivery was halted.
    • 16. A Customer who has a Customer Account with Maczfit may also halt deliveries, as referred to in section 15 above and in accordance with the rules and deadlines set out at Maczfit, using the functionality of the Customer Account for this purpose, after logging in to it and following the instructions displayed therein. The Customer can also resume deliveries using the functionality available at Maczfit. When the Customer resumes deliveries, using the functionality available at Maczfit after logging in to the customer account, he/she should choose the delivery date of the renewed Order, from among the dates available, further to the information at Maczfit.
  • §6 Time taken for completing and delivering Orders
    • 1. The delivery of Goods is limited to deliveries within the Republic of Poland, in particular to the towns indicated at Maczfit and available, at the time the Order is placed, for delivery to the address indicated by the Customer when placing the Order.
    • 2. Delivery takes place through a shipping company. Delivery costs will be passed on to the Customer each time by Maczfit.
    • 3. The Service Provider at Maczfit informs the Customer of the amount to be charged for the delivery of the Goods and the time which will be required in order to complete the order. If Goods are ordered together with the Product, the Goods will be delivered together with delivery of the Product.
  • §7 Payments
    • 1. Prices of Products or Goods are given in Polish zlotys and include all price components such as VAT, Customs duties and other charges.
    • 2. The payment methods available in the Service differ from the payment methods available in the Application, as set out in this paragraph.
    • 3. The following payment methods can be used by the Customer for the Service:

    - a traditional transfer to the Service Provider's bank account indicated by the Service Provider upon accepting the Order,

    - payment, using an electronic payment,

    - payment, via PayPo Sp. z o.o. based in Warsaw.

    • 4. The following payment methods are available in the Application:

    - electronic payment;

    - subscription payment - effected in accordance with the conditions laid down in section 6 et seq.;

    - payment with PayPo Sp. z o.o. based in Warsaw.

    • 5. If the service provider does not receive the Customer's payment, the Service Provider may contact the Customer to remind him/her to pay, including e-mailing the Customer. Failure to pay, within 3 days of placing the Order and then within an additional 3 days, will result in a refusal to accept the Order placed by the Customer.
    • 6. Further to section 4 above, the Customer placing an Order for Products in the Application may choose a form of payment consisting of an automatic, periodic charge of the means of payment indicated by the Customer with an amount corresponding to the amount of the charge for the Products of the Customer's choice, delivered during the subscription period of his/her choice (hereinafter referred to as a "Subscription Payment"). In this case, payment for subsequent subscription periods will be collected on the fixed dates indicated in the Application, provided that, due to the nature of the order, the Customer is always obliged to pay before the start of each subsequent subscription period, to which the payment relates.
    • 7. Subscription Payment is charged in advance for the entire subscription period, at the amount indicated by the Service Provider in the Application. The Contract for the preparation and delivery of Products ordered using subscription payment, unless otherwise indicated, will be concluded for an indefinite period, until the Customer or Service Provider terminates the same, in accordance with these Terms and Conditions.
    • 8. The Subscription Payment for the following subscription period will be collected in advance before the start of that subscription period, within the date indicated in the Application – at the latest when, according to the information in the Application, it is possible to place an Order for the Product delivered on the first day of the new subscription period. In some cases, the payment deadline, referred to in the previous sentence, may be changed, for example if it is not possible to make a payment through the form chosen by the Customer.
    • 9. In the event that a Subscription Payment for the following subscription period cannot be made through the payment form chosen by the Customer, for example, in the absence of funds on the Customer's card, the Service Provider will request the Customer to remedy the breach by choosing another payment method or form. In this case, the Service Provider will delay completion of the Order until the Customer's payment has been received. In this case the Customer can also resume completion of the Order by changing the selected form of payment to another, available in the Application, through the functionality available in the Customer Account.
    • 10. The Customer may cancel the subscription at any time, but not later than before the payment date for the next subscription period; such a cancellation will take effect on the last day of the current subscription period. This means that the Customer can cancel subscriptions for the following subscription period before payment for that period has been collected. In this case, Orders will only be executed until the end of the current subscription period and the contract will be terminated at the end of that period. For these types of cancellation, the Customer uses the subscription cancellation option in his or her Customer Account.
    • 11. The Service Provider may also terminate the contract for the preparation and delivery of ordered Products in the subscription payment model, subject to a 14-day deadline, effective on the last day of the subscription period. For this purpose, the Service Provider will e-mail the customer on the e-mail address specified by him/her in the Customer Account.
    • 12. The Customer can choose PayPo Sp. z o.o. based in Warsaw, as a form of payment for both the Service and the Application. In such a case, the Customer shall conclude a corresponding agreement separately with that entity on the basis of which, PayPo Sp. z o.o. will pay Maczfit for the Order, on behalf of the Customer, further to the terms agreed. The Service Provider cannot be a party to such funding agreements and can have no influence on the provision of such funding by PayPo. For more information about this form of payment, the Customer should contact this payment provider directly. 
  • §8 Electronically withdrawing from the contract for the provision of services
    • 1. In the case of contracts for the provision of continuous and indefinite services by electronic means (e.g. Customer Account services, newsletter), the customer has the right to withdraw from the contract.
    • 2. Withdrawal from the agreement referred to in section 1 may take place at any time and without giving a reason. For this purpose, a statement of withdrawal from the contract, for service provision should be submitted.
    • 3. The statement referred to in section 2, can be submitted by the customer in accordance with the template in Annexe no. 1 to these Terms and Conditions.
  • §9 Withdrawal from the contract of sale for Products or Goods
    • 1. The Service Provider informs that further to Art. 38 point 4 and point 12 of the Consumer Rights Act, a Customer who is a Consumer shall not have the right to cancel the Order of Products referred to in Article 27 of the above-mentioned Act.
    • 2. In the case of the Order for Goods, the provisions, indicated below, concerning the right of withdrawal will apply.
    • 3. A Customer who is a Consumer may withdraw from the Contract without giving a reason, by making a statement within 14 days. It is sufficient to maintain this deadline by sending a statement before it expires.
    • 4. The Customer may formulate a statement on his own or use the template statement for cancelling the Contract, which is attached as Annexe No. 2 to the Terms and Conditions.
    • 5. The 14-day period will be counted from the date on which the Goods were delivered.
    • 6. The Service Provider will e-mail the Consumer with confirmation of receipt of the cancellation statement, upon receipt thereof.
    • 7. In the event of a cancellation from a Contract concluded at a distance, the contract shall not be deemed to have been concluded. What the Parties have provided shall be returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. Reimbursement should be made immediately, no later than within 14 days. The goods should be returned to the following address: Szymanów 9d, 05-532 Baniocha.
    • 8. The Service Provider shall immediately, but not later than 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, reimburse the Consumer for all payments made by him/her, including the cost of the delivery of the Goods. The Service Provider shall reimburse the payment using the same method of payment as the Consumer used, unless the Consumer agrees to a different method of reimbursement, with no cost to the Consumer. The Service Provider may withhold the refund of payments received from the Customer until the item has been received by the Service Provider or the Customer provides proof of its return, whichever occurs earlier, unless the Service Provider has offered to collect the item himself/ herself from the Customer.
    • 9. If the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Service Provider, the Service Provider shall not be obliged to reimburse the Consumer for the additional costs incurred by him/her.
    • 10. The Consumer shall bear only the direct cost of returning the Goods, unless the Service Provider has agreed to bear this cost.

  • §10 Warranty for defects
    • 1. The Service Provider undertakes to deliver the Goods or Product without defects.
    • 2. The Service Provider shall be further liable to a Customer who is a Consumer, to guarantee against defects, in accordance with the terms laid down in Article 556-576 of the Civil Code. For Customers who are not Consumers, the warrantee shall not pertain.
    • 3. Complaints resulting from a breach of the customer's legally guaranteed rights should be addressed to the address of the Service Provider, i.e. Szymanów 9D, 05-532 Baniocha or to e-mail: [email protected]
    • 4. In order to deal with a complaint, the customer should send or deliver the claimed goods or product, if possible, by attaching proof of purchase to it. The goods or products should be sent to the address referred to in Paragraph 1. 3.
    • 5. The Service Provider undertakes to process each complaint within 14 days.
    • 6. In the case of deficiencies in the complaint, the Service Provider will request the Customer to complete the complaint as required and, immediately, but not later than 7 days from the date of receipt of the request by the Customer.
    • 7. In the event that the Service Provider fails to act properly or fails to act altogether with regard to the services provided electronically via Maczfit, the Customer shall be entitled to submit a complaint electronically to the address: [email protected] or by writing to Szymanów 9d, 05-532 Baniocha.
    • 8. In the complaint, the Customer should provide his or her full name, address for correspondence, along with the type of problem and a description thereof.
    • 9. The Service Provider undertakes to consider any complaint concerning the services provided electronically within the framework of Maczfit within 30 days and, if this is not possible, to inform the Customer, during that period, regarding when the complaint will be processed. In the case of deficiencies in the complaint, the Service Provider will ask the Customer to supply any missing information or details, in order to proceed with the complaint to the extent necessary within 7 days from the date of receipt of the request by the Customer.
  • §11 Non-judicial means of settling complaints and seeking redress
    • The Customer who is a Consumer has, among other avenues open to him/her, the following options for taking advantage of non-judicial means of dealing with complaints and seeking redress:

    - he/she has the power to refer a dispute, arising out of the contract, to the permanent, amicable, consumer court at the Trade Inspectorate with an application for settling a dispute resulting from the Contract concluded;

    - he/she is entitled to ask the District Inspector of the Trade Inspectorate, to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Service Provider;

    - he/she may obtain free assistance to resolve a dispute between the Customer and the Service Provider by using the free assistance of the District (Municipal) Consumer Ombudsman or a social organisation whose statutory tasks include Consumer Protection; these bodies include such as the Federation of Consumers and the Polish Consumers' Association. The advice is provided by the Consumer Federation on the free, consumer helpline number 800 007 707 and by the Polish Consumer Association at the following e-mail address: [email protected];

    - he/she can submit his/her complaint via the EU ODR (Online Dispute Resolution) online platform, available at: http:/ / ec.europa.eu/consumers/odr.

  • §12 Final provisions
    • 1. The personal data provided by customers to the Service Provider is collected and processed in accordance with applicable law and in accordance with the Privacy Policy.
    • 2. All rights to the content of Maczfit, including Property Copyrights, intellectual property rights to the name, internet domain, as well as forms and logos, belong to the Service Provider and can only be used in a specific manner and in accordance with the Terms and Conditions.
    • 3. Any dispute arising between the Service Provider and the Customer, who is a Consumer, shall be dealt with by the competent courts, in accordance with the relevant provisions of the Code of Civil Procedure.
    • 4. The settlement of any disputes arising between the Service Provider and the Customer who is an entrepreneur shall be subject to the court competent for the establishment of the Service Provider.
    • 5. The provisions of the Civil Code, the provisions of the Act on the Provision of Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law, apply in matters not regulated in these Terms and Conditions.
    • 6. Any changes to these Terms and Conditions will be notified to each Customer via information from Maczfit, including the date of their entry into force. The date of entry into force of the amendments shall be not less than 14 days from the date that they are announced. If a Customer with a Customer Account does not accept the new content of the Terms and Conditions, he/she should notify the Service Provider of this fact within 14 days of the date of notification of the change to the Terms and Conditions.
    • 7. Notification to the Service Provider of the non-acceptance of the new content of the Terms and Conditions,

    - in the case of the Customer's use of the Application, will result in the termination of the Application agreement, which has the same effect as the removal of the Customer's Application, specified in §2 of the Terms and Conditions. In this case, the existing provisions of the Terms and Conditions shall apply to the completion of Customer orders.

    - in the case of the Customer’s use of the Service, will result in the termination of the contract for the provision of the Customer Account Service from the date of completion of all active Customer Orders.

    Changes to the Terms and Conditions will not affect Customer orders already completed.