Terms and Conditions of using the LightBox.pl website
Table of contents:
- General provisions
- Conditions of use of the LightBox.pl website
- Technical conditions
- Formal conditions
- General conditions
- Sales of services and products by LightBox on the LightBox.pl website
- The scope of paid services provided and products sold
- Conditions of use of services and products sold to the Users
- Conditions of sales of services and products by LightBox
- Blocking or deleting of an account on the LightBox.pl website
- Final provisions
- Terms and Conditions – the Terms and Conditions herein of the LightBox.pl website ;
- LightBox – LightBox limited liability company LLP with its registered office in Gdańsk, 80-266 Gdańsk, 186 Grunwaldzka Str., registered in the District Court Gdańsk North in Gdańsk, 7th Commercial Department of the National Court Register under the number KRS 0000589228, NIP 584-269-68-84, REGON 0000355918;
- User – an individual person, legal person or organizational entity using services provided by LightBox or buying LightBox products on the LightBox.pl website and meeting conditions defined by the Terms and Conditions;
- Contract – a contract for providing services or a contract for sales of products as understood by the Civil Code, made between LightBox and the User, using means of remote communication (including telephone calls)
- LightBox.pl services – services offered electronically on the LightBox.pl website by LightBox for the Users;
- LightBox.pl products – products sold to the Users electronically on the LightBox.pl website by LightBox, which are ready-to-eat meals with a defined energy value;
- LightBox.pl website – the website available online at http://LightBox.pl, together with all subpages being part of it, by means of which LightBox provides LightBox.pl services to the Users and sells them LightBox.pl products;
- Subscription – ways of making payment for using LightBox.pl services chosen by the User or for the purchase of LightBox.pl products in a chosen period.
- The Terms and Conditions define:
- 1.1. use of LightBox.pl services provided by LightBox to the Users,
- 1.2. sales of LightBox.pl services and LightBox.pl products to the Users by LightBox,
- 1.3. making payment for LightBox.pl services and LightBox.pl products.
- The LightBox.pl website is owned and administered by LightBox.
- The Terms and Conditions, as a model contract in the electronic form, binds the Users in accordance with art. 384 § 2 and 4 of the Civil Code.
- The materials made available to the Users as part of specific LightBox.pl services as well as the appearance and contents of the LightBox.pl website are the property of LightBox and subject to protection in accordance with the act of 4 February 1994 on copyright and related rights (Dz. U. of 2006, no. 90, item 631 with further amendments). The making of the Contract does not constitute and cannot be the basis for a claim to make an agreement for the above mentioned proprietary copyrights to be transferred in full or in part by LightBox to the User. LightBox does not own proprietary copyrights to materials or content published by the Users on the LightBox.pl website, except for materials or content published by the Users the rights to which are entitled to LightBox.
- LightBox informs the Users that due to the public nature of the Internet, by means of which LightBox.pl services are provided electronically, using these services may entail the risk related to third parties interfering in the transmission of data sent by means of it between LightBox and the User. LightBox advises that the User pays special attention to the risk related to the User’s account on the LightBox.pl website being used by unauthorised persons in the event when the User does not ensure due caution to protect the confidentiality of the unique User name or password or makes the information available to third parties or remains logged into their account on the LightBox.pl website despite not using it at the moment.
- LightBox advises that when the IT system’s maintenance work is underway, access to the services provided electronically within the LightBox.pl website may be interrupted or impossible. However, LightBox commits to take all possible caution to ensure that such interruptions occur as rarely as possible or are last as short as possible.
- All the information, comments, reviews or statements posted by the Users on the LightBox.pl website are their private opinions. LightBox accepts no responsibility for their content, in particular for any third parties’ rights being infringed with such posts by the Users, and reserves the right to delete them.
III. Conditions of use of the LightBox.pl website
1. Technical conditions
In order to use the LightBox.pl website, it is required that all the following technical conditions are fulfilled:
- 1.1 An active e-mail account;
- 1.2 Access to a web browser enabled device;
- 1.3 Active internet connection of the device mentioned in the point above;
- 1.4 Properly installed Microsoft Windows XP or newer operating system in the device mentioned in the point above;
- 1.5 Properly installed Chrome (25 of newer), or Internet Explorer (version 9.0 or later) or Firefox (version 20 or later) or Safari 5.1 or newer in the device mentioned in the point above;
- 1.6 Cookie acceptance enabled in the User’s web browser mentioned in the point above;
- 1.7 Java Scripts enabled in the User’s web browser mentioned in the point above;
- 1.8 Properly installed Adobe Flash Player software (version 9.0 or later) in the device mentioned in the point above;
- 1.9 Pop-up windows enabled;
- 1.1 *@lightbox.pl addresses added as trusted senders in order to increase the certainty of correspondence from LightBox being delivered to the User.
2. Formal conditions
- 2.1. Any adult person with full legal capacity, either a citizen of Poland or of any other country, as well as any legal person or organizational entity without legal personality, but having legal capacity, can be the User.
- 2.2. The purchase of LightBox.pl products and some of LightBox.pl services are available exclusively to the Users who:
- 2.2.1. Own an account on the LightBox.pl website;
- 2.2.2. Logged into their account on the LightBox.pl website;
- 2.2.3. Paid for the purchase of LightBox.pl products or for specific LightBox.pl service if it is a requirement for being able to access them.
- 2.3. An account on the LightBox.pl website can be held by any User who completed the registration form, in particular defined the unique Username and password, and specified an active e-mail account to be used in correspondence on issues related to purchasing LightBox.pl products and using LightBox.pl services. The User’s account activation requires a confirmation made in accordance with an instruction sent to the User by email to their address specified in the registration form.
- 3.1. The User is obligated to submit only true personal information to LightBox, which is then used by LightBox to assess whether the User complies with formal conditions defined in the Terms and Conditions and which is necessary for LightBox.pl to provide services, and to amend the information only so as to ensure that it reflects their up-to-date status. In the case of medical contraindications, the User should recommend consulting the use of LightBox products with a physician and notify LightBox about it.
- 3.2 The User is obligated to protect confidentiality of the information that gives access to their account on the LightBox.pl website, in particular by not disclosing the information to third parties.
- 3.3 The User is obligated to use only their own account on the LightBox.pl website; they are also not permitted to make their account available for use by any third parties under any circumstances.
- 3.4 LightBox.pl services provided by LightBox are only meant for personal use by the Users and must not be used in part or entirety for any other purposes, in particular consultative or informational for other persons, as well as for comparative or demonstrative purposes.
- 3.5 The User is obligated to use the LightBox.pl website and LightBox.pl services and to purchase LightBox.pl products only in accordance with the Terms and Conditions, the binding provisions of law and common good practices for using the Internet and performing actions on the web.
- 3.6 In the course of using the LightBox.pl website the User must not make use of any materials or content of illegal nature, including infringing the rights of LightBox or third parties, offensive, vulgar or obscene content, contradicting social interaction rules or good manners, and in particular the User must not:
- 3.6.1. define the unique User name in a way that constitutes, even if only phonetically or in a different language, in part or in whole, an offensive, rude or obscene expression or offend religious feelings or advertise other websites, companies, products or services,
- 3.6.2. publish any materials of erotic or pornographic nature or information allowing such materials,
- 3.6.3. publish third parties’ personal information or images,
- 3.6.4. publish the content of private conversations or correspondence with third parties without their prior consent,
- 3.6.5. publish instructions or tips related to a possibility to impersonate another User,
- 3.6.6. publish instructions or tips related to copyright infringement,
- 3.6.7. abuse means of electronic communication in a way that endangers the stability or overloads IT systems used directly or indirectly to provide LightBox.pl services.
- 3.7. The User must not encourage other Users, including by means of any of LightBox.pl services, in particular the site’s blog and forum, to communicate bypassing the LightBox.pl website, publicise materials or information to which LightBox holds proprietary copyrights, publish the addresses of websites offering services competitive to LightBox.pl services and LightBox.pl products, engage in sales, canvassing or promotion, including directing to websites containing information of this nature, and deliberately mislead interested parties on issues related in any way with using LightBox.pl services and purchasing LightBox.pl products.
- 3.8. LLightBox reserves the right to:
- 3.8.1. change temporarily or permanently the parameters of specific LightBox.pl Services and also to stop providing them without having to justify the decision;
- 3.8.2. block or delete materials or content published by the User on the LightBox.pl website that constitute even a partial violation of the provisions of the Terms and Conditions.
IV. Sales of services and products by LightBox on the LightBox.pl website
1. The scope of services and products sold
- 1.1 LightBox.pl services provided to the User by LightBox are diet programmes for a valid subscription period consisting of an appropriate number of balanced diet meals, prepared based on the Food and Nutrition Institute’s recommendations and the User’s goals and guidelines;
- 1.2LightBox.pl products are sold as menus, which can be composed of 4 or 5 ready-to-eat meals with an energy value of 1000, 1200, 1500, 2000 and 2500 kcal, offered for 5 and 7 days and multiples of these periods.
2. Terms and conditions of placing orders
- 2.1 The precondition for making a purchase on the LightBox.pl website is:
- 2.1.1 Holding an active account on the LightBox.pl website;
- 2.1.2 Holding a subscription, valid at a given moment, for a specific LightBox.pl service or LightBox.pl product; the subscription operating rules are set out in Chapter IV pt. 4.
- 2.2. In order to use LightBox.pl services or make a purchase of LightBox.pl products the User should:
- 2.2.1. fill in the registration form correctly (in particular enter the data required in the form, an e-mail address and set a password);
- 2.2.2. become familiar with the content of the Terms and Conditions and accept it in a way defined in point 7 of the chapter V.B herein;
- 2.2.3. gree to make the Contract by confirming the order.
- 2.3. Before placing an order it is necessary to register and activate the User’s account. Obtaining a login is possible while placing the first order, during which the User can submit their proposed login on the registration form and after the registration it will be sent electronically along with the link to activate the account. LightBox reserves the right to refuse to register the login in case when the given login has been assigned before.
- 2.4. The registration is a one-time process and all the next orders are placed based on the User’s logging in by entering a login and a pre-set password.
- 2.5. Additionally, the User can enter the data required to make a VAT invoice in their order.
- 2.6. The login and password have a confidential nature and the User has the sole responsibility for damages made by revealing them to third parties. The User using the login and password is obligated to update their personal details submitted during the registration each time they change. Any responsibility for possible negative consequences of a failure to update such details falls solely on the User.
- 2.7. By placing an order the User is obligated to submit a statement on approving the provisions of these Terms and Conditions. The user is bound by these Terms and Conditions from the moment of placing an order. The use of provisions other than resulting from the Terms and Conditions or generally binding provisions of law is legally ineffective. The above statement reads as follows: “I declare that I have read and accepted the Terms and Conditions of the Lightbox.pl website”.
- 2.8. When an order has been placed, the User receives an e-mail confirming the order.
- 2.9. The Agreement for providing LightBox.pl services or the Agreement for selling LightBox.pl products is deemed made upon the confirmation of an order placed by the User in the ordering process.
- 2.10. LightBox reserves the right of additional verification of the User’s details, for instance by means of a telephone call.
- 2.11. According to the Art. 38 par. 4 of the Consumer Rights Law of 30 May 2014 The User does not have the right to withdraw from the contract as its object is a perishable product or one with a short “use by” date.
3. Terms of sales of products and services by LightBox
- 3.1 Orders for LightBox.pl services and purchase of LightBox.pl products are accepted 7 days a week, 24 hours a day, on the LightBox.pl website. Orders can be placed from any location worldwide. We accept orders within the territory of the Republic of Poland, in cities whose up-to-date list is available on the Lightbox.pl website.
- 3.2 Orders are delivered on days and within hours agreed by telephone or by e-mail with the User. LightBox advises that delivery service may be interrupted in holiday seasons, of which the Users will be notified in advance by LightBox. LightBox advises that if, due to reasons beyond its control, an order cannot be delivered at the time chosen by the User, a new order delivery time will be agreed with the User.
- 3.3 The User can contact LightBox directly by sending an e-mail to the address email@example.com, by telephone or by sending a text message to the number shown on the LightBox.pl website.
- 3.4 Executing the Contract for selling Lightbox.pl products, LightBox commits to carry out an order in accordance with the specification of Lighbox.pl products chosen in the ordering process.
- 3.5 LightBox provides the User with a sales document electronically, in the form of a fiscal receipt or a VAT invoice, if the User requested them to be issued upon the placing of an order and entered the details necessary to make an invoice.
- 3.6 LightBox reserves the right to refuse the execution of an order in the following cases:
- 3.6.1. placing an order in an incorrect way, specifically on an incorrectly completed form;
- 3.6.2. failed attempts to agree a time and place for delivery of the ordered LightBox.pl products;
- 3.6.3. obtaining information from the User after the receipt of their order about nutritional contraindications for consumption of LightBox.pl products;
- 3.6.4. failure to make a payment for the ordered Lighbox.pl products;
- 3.6.5. infringement of the provisions of the Terms and Conditions herein by the User.
- 3.7. The User commits to pay a price specified in the Price List tab on the LightBox.pl website in the form of Subscription for a chosen LighBox.pl product and in accordance with the Order’s version (4 or 5 meals, for a period of 5 or 7 days or multiples of these periods, energy value of 1000, 1200, 1500, 2000 or 2500 kcal) and to collect the ordered LighBox.pl product.
- 3.8. The User is obligated to pay a price in the form of Subscription for chosen LightBox.pl products by means of a(n):
- 3.8.1. standard bank transfer to the LightBox account no. 71 1160 2202 0000 0001 6516 5403, in the title of which the number of the order is required, as indicated in the order confirmation e-mail, or
- 3.8.2. electronically, by online transfer for LightBox in the Pay By Link (PBL) system. The company responsible for handling online payments is Blue Media S.A.
- 3.9. If no payment is registered within 7 days, the order is cancelled.
- 4.1. One of the conditions for using LightBox.pl services or purchasing LightBox.pl products by the User is holding a valid subscription for a specific LightBox.pl service or LightBox.pl product.
- 4.2. The activation of any given subscription will take place each time on the day when the delivery of the LightBox.pl service paid for starts or when the first LighBox.pl product within the order covered by the contract is issued.
- 4.3. The subscription validity is counted in days, starting from the moment of activation until and including the last day of validity of a given subscription.
- 4.4. Flat subscription prices for LightBox.pl products and LightBox.pl services are shown in the Price List tab on the LightBox.pl website.
- 4.5. Subscription prices are shown in Polish zloty (zł) and are gross prices, which means they include value added tax (VAT).
- 4.6. Subscription can be bought solely by making an advance payment of the appropriate amount by:
- 4.6.1. standard bank transfer or
- 4.6.2. electronically, by online transfer.
- 4.7. The User is obligated to specify precisely which Lighbox.pl product or LightBox.pl service they want to buy, the number of days for which their Subscription is purchased and the amount paid due for their Subscription fee in accordance with the Order specification.
- 4.8. The reimbursement of funds that have not been accounted for as Subscription payment can occur only when a complaint by the User who made the payment has been approved by LightBox.
- 4.9 LightBox informs that a given Subscription is always linked to the User’s specific account on the LightBox.pl website, within which it has been settled, and that, in particular, it is not possible to credit it towards the User’s other liabilities or liabilities of another User.
- 1. LightBox reserves the right to make depersonalised publications of the content, chosen at will, of questions addressed by the User to LightBox related to LightBox.pl services and LightBox.pl products and answers given to those questions.
- 2. LightBox limited liability company LLP with its registered office in Gdańsk, 80-266 Gdańsk, 186 Grunwaldzka Str., as the Data Administrator processes the User’s personal data in accordance with the Act on Personal Data Protection of 29 August 1997 in order to execute the contract and protects the data from being accessed by unauthorised persons. The submission of personal data is required for order execution purposes. LightBox can also process the User’s personal data to meet LightBox’s justified needs as defined by the provisions of law, which in accordance with art. 23 par.4 pt.1 of the above mentioned act include the marketing of LightBox’s own products and services.
- 3. The ordering party has the right to access their personal data, update it and request that its processing is discontinued.
- 4. The User can agree to receive from LightBox.pl advertising and commercial information, including by means of electronic communication, also after the execution of the contract with LightBox has ended. The agreement is granted by the ordering party by choosing a relevant option on the registration form or in a declaration made by telephone.
- 5. Cookies are used on the LightBox.pl website, which makes it possible in some extent to adapt the provision of LightBox.pl services and sales of LightBox.pl products to the User’s individual needs and preferences and also serves the purpose of analysing statistics data regarding the use of LightBox.pl services.
- 6. LightBox declares, which the User acknowledges, that making the Contract and providing LightBox.pl services requires each time notifying LightBox about an active e-mail address to be used by the User for correspondence related to LightBox.pl services.
VI. Blocking or deleting account on the LightBox.pl website
1. Blocking services on the LightBox.pl website
- 1.1. LightBox can block the User, temporarily or permanently, from using the LightBox.pl services, by means of which the User publicises materials or content in a way that is contradictory with the Terms and Conditions or infringes the Terms and Conditions.
- 1.2. Blocking by LightBox a possibility to use a given LightBox.pl service in accordance with the Terms and Conditions does not interrupt or suspend the Subscription’s period of validity.
2. Blocking account on the LightBox.pl website
- 2.1 LightBox can block the User’s account on the LightBox.pl website when the User, despite being admonished, violates the provisions of the Terms and Conditions.
- 2.2 Blocking the User’s account on the LightBox.pl website by LightBox in accordance with the Terms and Conditions will result in the User’s temporary loss of access to some or all of LightBox.pl services.
- 2.3 Blocking the User’s account on the LightBox.pl website by LightBox in accordance with the Terms and Conditions will not interrupt or suspend the Subscription’s period of validity.
3. Deleting account on the LightBox.pl website
- 3.1. The User can send an e-mail at any time to firstname.lastname@example.org, requesting to delete their own account on the LightBox.pl website. LightBox commits to delete the account within two business days from registering the request.
- 3.2. LightBox can delete the User’s account on the LightBox.pl website when the User:
- 3.2.1. blatantly infringes the Terms and Conditions despite being admonished;
- 3.2.2. infringes the Terms and Conditions even though their account on the LightBox.pl website has been blocked before;
- 3.2.3. has not accessed the LightBox.pl website over the last 6 (six) months, provided however that they do not have any valid Subscription at the moment.
- 3.3. Deleting the User’s account on the LightBox.pl website results in the irreversible loss of any information gathered by the User there.
- 1. Complaints made with relation to using LightBox.pl services or purchasing LightBox.pl products by the User can be submitted by the User at their discretion:
- 1.1. to the address of LightBox’s registered office, in writing – otherwise being null and void, in accordance with a template available here, with an annotation: COMPLAINT - LightBox.pl;
- 1.2. by means of an e-mail sent to the following address: email@example.com.
- 2. The complaint should identify the User submitting it and include a brief description of the event justifying the complaint along with the justification.
- 3. The complaint will be dealt with within 14 days from the day of receipt and the User submitting the complaint will be notified about the position taken by LightBox by means of an e-mail sent to the e-mail address indicated by the User as used by them for correspondence related to LightBox.pl services.
- 4. In line with the Act of 23 September 2016 on out-of-court consumer dispute settlement, LightBox hereby informs that information on out-of-court ways of dispute resolution between companies and consumers can be found at the ODR platform accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
VIII. Final provisions
- 1. LightBox reserves the right to make amendments in the Terms and Conditions for significant reasons related to changes in:
- 1.1. Conditions of providing LightBox.pl services and selling LightBox.pl products;
- 1.2. Conditions of using LightBox.pl services and purchasing LightBox.pl products;
- 1.3. unctionalities of the LightBox.pl website;
- 1.4. Generally binding provisions of law.
- 2. Amendments to the Terms and Conditions come into force as soon as they are published on the LightBox.pl website.
- 3. Amendments to the Terms and Conditions will not affect orders placed before the amendment, carried out in line with the regulations being in force on the day when the orders were placed.
- 4. The provisions of Polish law apply to matters unregulated by these Terms and Conditions.
- 5. If any of the provisions of the Terms and Conditions herein turns out to be or is deemed invalid by a binding court order, all other provisions of the Terms and Conditions remain in force.
- 6. This Terms and Conditions document has been developed in two language versions: Polish and English. If there is a doubt or a difference between the versions, the Polish language version is binding.
Attachment to the LightBox website Terms and Conditions
- 1. LightBox Optimum
- 2. LightBox Vege
- 3. LightBox No Fish
- 4. LightBox Gluten Free
- 5. Delivery – at no extra charge
Gdańsk, 10 June 2016