Terms & Conditions of the LightBox.pl Website

Table of contents

  1. Definitions
  2. General provisions
  3. Conditions of use of the LightBox.pl website
    1. Technical conditions
    2. Formal conditions
    3. General conditions
  4. LightBox services
    1. The scope of services
    2. LightBox meal sets
    3. Terms & conditions of placing orders by the Customers
    4. Terms & conditions of accepting and fulfilling orders by LightBox
  5. Privacy policy
  6. Blocking or deleting a Customer account on the LightBox.pl website
  7. Complaints
  8. Final provisions

I. Definitions

  1. Terms & Conditions – the Terms and Conditions of the LightBox.pl website;
  2. 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 221012905;
  3. Customer – a natural person, legal entity or organization using the services provided by LightBox;
  4. Contract – a contract for sales, as understood by the Civil Code, between LightBox and the Customer, using means of remote communication;
  5. LightBox meal set – a set of diet meals for one day prepared for the Customer;
  6. LightBox services – preparation and delivery of LightBox meal sets, maintaining a Customer account on the LightBox.pl website;
  7. LightBox.pl website – the website available online at https://www.lightbox.pl,  together with all its subpages, by means of which LightBox offers and sells its services to the Customers.

II. General provisions

  1. The Terms & Conditions define terms and conditions of using LightBox services.
  2. The LightBox.pl website is owned and administered by LightBox.
  3. The Terms & Conditions, as a model contract in electronic form, binds the Customers in accordance with art. 384 § 2 and 4 of the Civil Code.
  4. LightBox informs Customers that due to the public nature of the Internet, by means of which 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 Customer.
  5. LightBox advises that when the IT systems are under maintenance, access to the services provided electronically via the LightBox.pl website may be interrupted or impossible. However, LightBox commits to taking all possible caution to ensure that such interruptions are as rare and short as possible.
  6. The appearance and content of the LightBox.pl website as well as all other content and materials made available to the Customers as part of LightBox services are the property of LightBox and subject to protection in accordance with the act of 4 February 1994 on copyright and related rights.

III. Conditions of use of the LightBox.pl website

1. Technical conditions
In order to use the LightBox.pl website the following technical conditions are a minimal requirement:

  • 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 point 1.2 above;
  • 1.4. Correctly installed Microsoft Windows Vista or newer operating system on the device mentioned in point 1.2 above;
  • 1.5. Correctly installed web browser on the device mentioned in point 1.2 above;
  • 1.6. Java scripts and pop-up windows enabled in the Customer’s web browser mentioned in point 1.5 above;
  • 1.7. *@lightbox.pl addresses added as trusted senders in the e-mail application in order to increase the certainty of correspondence from LightBox being delivered to the Customer.

2. Formal conditions
Any adult person with full legal capacity, both a citizen of Poland and of any other country, as well as any legal entity or organization without legal personality, but possessing legal capacity, can be the Customer.

3. General conditions

  • 3.1. The Customer is obligated to submit only true personal data to LightBox and to update the data each time any changes occur. The Customer bears responsibility for possible negative consequences of the data not being updated.
  • 3.2. The Customer 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. The Customer bears exclusive responsibility for any damage caused by providing third parties with the information enabling them to log into the Customer’s LightBox.pl account or by remaining logged into their LightBox.pl account despite not using it in a given moment.
  • 3.3. The Customer is obligated to use only their own account on the LightBox.pl website; they are also not permitted to make their account on the LightBox.pl website available for use by any third parties under any circumstances.
  • 3.4. The Customer is obligated to use the LightBox.pl website 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 World Wide Web. The Customer must not abuse means of electronic communication in a way that endangers the stability or overloads IT systems used directly or indirectly to provide LightBox services.
  • 3.5. In the course of using the LightBox.pl website the Customer must not make use of any content of illegal nature, including infringing the rights of LightBox or third parties, offensive, vulgar or obscene content, contradicting the rules of social interaction or civility.

IV. LightBox services

1. The scope of services

LightBox services include:

  • 1.1. Preparing balanced, ready-to-eat meals offered as LightBox meal sets;
  • 1.2. Delivery of LightBox meal sets to an address provided by the Customer, in cities where LightBox delivers (the updated list of cities is available on the LightBox.pl website);
  • 1.3. Running a Customer account on the LightBox.pl website.

2. LightBox meal sets

  • 2.1 LightBox meal sets are offered and sold as sets of meals within a specified diet for one day with a defined daily energy value.
  • 2.2 Meal sets in the LightBox All Day programme are composed of five ready-to-eat meals with a defined energy value.
  • 2.3 LightBox Office meal sets are composed of four ready-to-eat meals. The Customer should prepare the fifth – their evening meal, supplementing the selected meal set’s calorie value – on their own.
  • 2.4 LightBox After Ten meal sets are composed of four ready-to-eat meals. The Customer should prepare the fifth – their breakfast, supplementing the selected meal set’s calorie value – on their own.
  • 2.5 The LightBox.pl website provides detailed information about the types of offered diets and their composition as well as planned menus and nutritional values of meal sets and specific meals under the following tabs: “Diets”: https://www.lightbox.pl/en/#diets and “Menu”: https://www.lightbox.pl/en/menu/biezace-menu.
  • 2.6 Flat rate prices for LightBox meal sets are listed on the LightBox.pl website under the “Pricing” tab: https://www.lightbox.pl/en/cennik.
  • 2.7 Prices for LightBox meal sets are expressed in Polish zloty and are gross prices, which means that they include VAT.
  • 2.8 The price of a LightBox meal set includes delivery to an address provided by the Customer, in cities located within the area of LightBox delivery. The updated list of cities is available on the LightBox.pl website under the “Where We Deliver” tab: https://www.lightbox.pl/en/#cities.
  • 2.9 LightBox reserves the right to change the parameters of LightBox services temporarily or permanently, including introducing new types of LightBox meal sets and withdrawing those previously offered, changing their prices as well as introducing delivery service in previously unlisted cities and discontinuing delivery service in previously listed cities.

3. Terms and conditions of placing orders by Customers

Using LightBox services, the Customer can place orders for LightBox meal sets via the LightBox.pl website, by telephone or by e-mail.

  • 3.1. Orders placed via the LightBox.pl website
    In order to place an order for LightBox meal sets via the LightBox.pl website the Customer should:
    • 3.1.1. Choose the parameters of LightBox meal sets according to individual needs using an order form on the on the LightBox.pl website;
    • 3.1.2. Correctly fill in the registration form (in particular enter an e-mail address, set a password and enter the data required in the form, including address details required for delivery purposes);
    • 3.1.3. Become familiar with the contents of the Terms & Conditions herein and accept it by stating the following: “I have read and accept the LightBox.pl Website Terms & Conditions including the Privacy Policy”.
    • 3.1.4. Agree to the Contract by confirming the order and committing to pay the amount specified in the order by clicking on the button “I CONFIRM MY ORDER. I WILL PAY ONLINE OR BY BANK TRANSFER”.
  • 3.2. Orders placed by telephone at (+48) 513 513 661.
    In order to place an order for LightBox meal sets by telephone the Customer should:
    • 3.2.1 Call the LightBox Customer Service Office at (+48) 513 513 661 and – after being connected and notified about the conversation being recorded – continue if they agree;
    • 3.2.2 Specify the selected type and number of LightBox meal sets, their energy value, number of daily meals (4 or 5) and delivery times;
    • 3.2.3 Provide personal details required to make a delivery, especially: first name and surname, phone number, e-mail address, as well as address details required for delivery purposes;
    • 3.2.4 Agree to the Contract by confirming the order verbally and committing to pay the amount specified by a LightBox consultant.
  • 3.3. Orders placed by e-mail at one of the following addresses: kontakt@lightbox.pl, powiadomienie@lightbox.pl, zamówienia@lightbox.pl
    In order to place an order for LightBox meal sets by e-mail the Customer should:
    • 3.3.1 Specify in an e-mail message the selected type and amount of LightBox meal sets being ordered, their energy value, number of daily meals (4 or 5) and delivery times;
    • 3.3.2 Provide personal details required to make a delivery, especially: first name and surname, phone number, as well as address details required for delivery purposes;
    • 3.3.3 Agree to the Contract by express their intent to purchase LightBox meal sets specified in the e-mail message;
    • 3.3.4 Send the e-mail to one of the following addresses: kontakt@lightbox.pl, powiadomienie@lightbox.pl, zamówienia@lightbox.pl.
  • 3.4. In their order the Customer may provide additional details required to issue a VAT invoice.
  • 3.5. LightBox reserves the right to additionally verify the Customer’s details, for instance by making a telephone call.
  • 3.6. Upon placing the order the Customer receives an e-mail message with the confirmation of the submitted order to an e-mail address provided during the registration process via the LightBox.pl website or an e-mail address provided during placing the order by telephone or an e-mail address from which the Customer sent their order.
  • 3.7. For orders placed via the LightBox.pl website the contract is deemed valid when the Customer clicks on the button “I CONFIRM MY ORDER. I WILL PAY ONLINE OR BY BANK TRANSFER”, and for orders placed by telephone or e-mail – as soon as the Customer receives an e-mail message from LightBox confirming the acceptance of their order.
  • 3.8. According to the Art. 38 par. 4 of the Consumer Rights Law of 30 May 2014, the Customer does not have the right to withdraw from the contract as its object is a perishable product and has a specified, short “use by” date.
  • 3.9. LightBox does not accept responsibility for the Customer’s nutritional contraindications regarding dietary requirements, which the Customer should consult with their physician prior to starting using the LightBox meal sets. LightBox also advises that even though diet recommendations provided on the LightBox.pl website and by telephone by LightBox dietitians are based on professional nutritional knowledge according to current norms and recommendations in this field, no responsibility can be accepted for possible consequences of using the recommended types of LightBox meal sets, due to incomplete diagnostic knowledge about the Customer’s individual health condition and possible food intolerance.

4. Terms and conditions of accepting and fulfilling orders by LightBox

  • 4.1. Orders are accepted via the LightBox.pl website and by e-mail 7 days a week, 24 hours a day and also by telephone by the LightBox Customer Service Office at (+48) 513 513 661 during the Customer Service Office working hours.
  • 4.2. Orders for the following day are accepted until 1 pm on the day preceding the delivery date (until 8 am in case of Lactose Free and Gluten&Lactose Free diets). Orders for Monday are accepted until 1 pm on Saturday at the latest – for all types of diets. LightBox advises that the schedule for accepting orders may change in holiday periods.
  • 4.3. Orders are carried out within the territory of the Republic of Poland in cities currently listed on the LightBox.pl website.
  • 4.4. LightBox meal sets are delivered on days and at times agreed with the Customer and are possible every day from Monday to Friday and on Saturday for the two days of weekend, during morning hours. LightBox advises that the delivery timetable may change in holiday periods of which LightBox will inform its Customers in advance. LightBox advises that if – for reasons beyond its control – delivery will not be possible at the time indicated by the Customer, it will agree another time of delivery with the Customer.
  • 4.5. LightBox commits to fulfil an order in line with the specification of meal sets chosen by the Customer from the offer presented on the LightBox.pl website.
  • 4.6. The Customer can contact LightBox directly by mean of electronic mail at kontakt@lightbox.pl or by telephone at (+48) 513 513 661 or by sending a text message to (+48) 600 323 208.
  • 4.7. The Customer commits to pay the price specified on the LightBox.pl website under the „Pricing” tab: https://www.lightbox.pl/en/cennik for the LightBox meal sets they ordered in line with the selected order parameters and to collect the ordered LightBox meal sets.
  • 4.8. The Customer is obligated to pay for the ordered LightBox meal sets by:
    • 4.8.1. Executing a standard bank transfer to the LightBox account no. 71 1160 2202 0000 0001 6516 5403, which provides the number of the order in the title, as indicated in the order confirmation e-mail, or
    • 4.8.2. Electronically, by online transfer for LightBox in the Pay By Link (PBL) system. The company responsible for handling online payments for LightBox is Blue Media S.A.
  • 4.9. LightBox electronically provides the Customer with a sales document, in the form of a fiscal receipt or a VAT invoice, if the Customer requested them upon placing an order and entered the details necessary to issue an invoice.
  • 4.10. LightBox reserves the right to refuse the fulfilment of an order in the following cases:
    • 4.10.1. The order is placed incorrectly, specifically the form is completed incorrectly;
    • 4.10.2. Attempts fail to agree a time and place for delivery of the ordered LightBox meal sets;
    • 4.10.3. Information is obtained from the Customer after the receipt of their order about nutritional contraindications for consumption of LightBox meal sets;
    • 4.10.4. The Customer fails to make a payment for the ordered LightBox meal sets;
    • 4.10.5. The Customer infringes the provisions of the Terms and Conditions herein.
  • 4.11. LightBox informs that the purchased services including the preparation and delivery of LightBox meal sets is always linked to the Customer’s specific account on the LightBox.pl website, which has been used to order and pay for the services, and that it is not possible to credit a given order towards the Customer’s other liabilities or liabilities of another Customer.

V. Privacy policy

1. LightBox is highly committed to the protection of privacy and treats Customer data with due care, respecting the requirements related to personal data protection laws in force, particularly the 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 (OJ L 119, p. 1) (GDPR).

2. LightBox limited liability company LLP with its registered office in Gdańsk, 80-266 Gdańsk, 186 Grunwaldzka Str. is the administrator of the Customer’s personal data and can be contacted by writing to the above address or in a way specified on the LightBox.pl website.

3. Providing services by LightBox includes the following activities on the part of LightBox: administrative activities related to accepting and fulfilling orders by means of electronic communication, invoicing, accepting payments, handling complaints, possibly collection of debts, service quality control and marketing of own services.

4. LightBox processes personal data (including first name, surname, a postal and e-mail address and a telephone number) and the data collected in connection with visits to the LightBox.pl website by the Customer.

5. Data provision is voluntary, but to some extent necessary to finalise a Contract, and it may also be required by the provisions of law – failing to provide personal data will make it impossible to finalise a Contract.

6. Personal data will be processed by LightBox in order to:

  • 6.1 Fulfil the contract (deliver LightBox meal sets), based on an order placed for LightBox meal sets – throughout the period when the order is carried out;
  • 6.2 Recommend a suitable diet by a LightBox dietitian (involves information about health conditions), based on consent granted – until consent is revoked;
  • 6.3 Market LightBox own products or services, based on the data administrator’s legitimate interest – until the Customer objects to processing personal data for this purpose, and after the contract has been fulfilled, based on consent granted – until consent is revoked. Direct marketing of its services by LightBox is deemed a legitimate interest. The following data will be processed in this scope: first name and surname, contact details.
  • 6.4 For accounting purposes, based on accountancy regulations, for 5 years from the beginning of the year succeeding the financial year in which a payment related to the executed Contract was finally settled, accounted for or redeemed.
  • 6.5 To collect any debts and pursue claims as well as defend LightBox’s rights in penal proceedings based on LightBox’s legitimate legal interest – until the period of LightBox’s limitation for claims expires, in line with the binding provisions of law. LightBox’s ability to pursue claims is deemed a legitimate legal interest.

7. The Customer has the right to:

  • 7.1 Access their data; by executing this right, the Customer is entitled to receive a confirmation from LightBox that their personal data is processed, obtain a copy of their data and information about: the processing purposes, personal data categories, categories of recipients to which personal data was or will be revealed, planned period of personal data storage, sources from which LightBox obtained it.
  • 7.2 Correct their data; by executing this right, the Customer is entitled to demand from LightBox that their incorrect or incomplete data be corrected or completed.
  • 7.3 Delete their data; by executing this right, the Customer is entitled to demand from LightBox that personal data related to them be deleted in cases specified in the art. 17 of GDPR, particularly in the case when the personal data is no longer needed for purposes it has been collected for or an objection to processing the data has been successfully submitted.
  • 7.4 Restrict the processing of their data; if the Customer has reservations about the correctness of their data; if they believe that LightBox should not process their data, but at the same time don’t want it to be deleted; if such personal data is no longer needed by LightBox, but the Customer needs it with connection to pursuing claims; if the Customer expressed an objection to their data being processed and it is the duty of  LightBox to check if it should be further processed.
  • 7.5 Move their data; by executing this right, the Customer is entitled to obtain from LightBox their personal data provided to LightBox in a structured, commonly used format suitable for machine reading, they are also entitled to demand that LightBox send their data to another administrator if it is technically possible. The above entitlement covers only the personal data processed by LightBox based on a given consent or a contract (order being carried out).
  • 7.6 Submit an objection for reasons related to a special situation to their personal data being processed based on legitimate legal interests executed by LightBox and submit an objection to their personal data being processed or direct marketing purposes by LightBox; by executing this right, the Customer is entitled to submit, for reasons related to a special situation, an objection to their personal data being processed based  on legitimate legal interests executed by LightBox. However, in spite of the objection, LightBox is entitled to continue processing such data if it proves the existence of important, legally legitimate grounds for processing, superior to the interests, rights and freedoms of the person whom the data concerns, or grounds for determining, pursuing or defending claims.
  • 7.7 Revoke consent at any moment. The revocation has no effect on the legitimacy of processing based on the consent prior to the revocation.
  • 7.8 Submit a complaint with the personal data protection supervisory body – President of the Office for Personal Data Protection (PUODO).

8. Data can be handed over to parties that process personal data on the Administrator’s request, for instance couriers carrying out deliveries of LightBox meal sets, parties that LightBox cooperates with in the scope of preparation of meal sets, IT providers with their seats in Poland, providers of document storage services, parties processing data for debt collection purposes, providers of legal services, marketing agencies and accounting companies – provided that such companies process data based on a contract with the administrator and entirely in line with the administrator’s requests.

VI. Blocking or deleting account on the LightBox.pl website

1. Blocking an account on the LightBox.pl website

  • 1.1 LightBox can block the Customer’s account on the LightBox.pl website when the Customer, despite being warned, violates the provisions of the Terms & Conditions.
  • 1.2 Blocking the Customer’s account on the LightBox.pl website by LightBox in accordance with the Terms & Conditions will result in the Customer’s temporary loss of access to LightBox services.
  • 1.3 Blocking the Customer’s account on the LightBox.pl website by LightBox in accordance with the Terms & Conditions  does not interrupt the carrying out of the current order.

2. Deleting an account on the LightBox.pl website

  • 2.1. The Customer can send an e-mail at any time to kontakt@lightbox.pl, requesting the deletion of their own account on the LightBox.pl website. LightBox commits to delete the account within two business days from registering the request.
  • 2.2. LightBox can delete the Customer’s account on the LightBox.pl website when the Customer:
    • 2.2.1. Blatantly infringes the Terms & Conditions despite being warned;
    • 2.2.2. Has not accessed the LightBox.pl website over the last 3 (three) years, provided however that they do not have any valid order at the moment.
  • 2.3. Deleting the Customer’s account on the LightBox.pl website results in the irreversible loss of any information gathered by the Customer there.

VII. Complaints

  • 1. Complaints made with relation to using LightBox services by the Customer, can be submitted by the Customer at their discretion:
    • 1.1. by sending an e-mail to the following address: kontakt@lightbox.pl;
    • 1.2. by post, to the following address: LightBox Sp. z o.o. sp.k. 80-266 Gdańsk, al. Grunwaldzka 186, with a COMPLAINT annotation.
  • 2. The complaint should include the first name, surname and address of the Customer submitting it, the number of order it concerns and the delivery date  if it concerns a specific LightBox meal set as well as a brief description of the event justifying the complaint.
  • 3. The complaint will be dealt with within 14 days from the day of receipt and the Customer submitting the complaint will be notified about a position taken by LightBox by means of an e-mail sent to the address indicated by the Customer as used by them for correspondence related to LightBox services.
  • 4. LightBox informs the Customer (being also the Consumer) of a possibility to use out-of-court methods of handling complaints, for instance by submitting by the Customer after the end of complaint proceedings a request for mediation or a request for the matter to be heard by an arbitration court (it can be downloaded at: http://www.uokik.gov.pl/download?plik=6223). A list of Consumer Arbitration Courts operating at Voivodship Trade Inspectorates is available at: http://www.uokik.gov.pl/ważne_adresy.php#fag596. Out-of-court claims procedures after the end of complaint proceedings are free of charge.

VIII. Final provisions

  • 1. LightBox reserves the right to make amendments in the Terms & Conditions for significant reasons related to changes in:
    • 1.1. Conditions of providing LightBox services and changes in the scope of services;
    • 1.2. Conditions of using LightBox.pl services;
    • 1.3. Functionalities of the LightBox.pl website;
    • 1.4. Generally binding provisions of law.
  • 2. Amendments to the Terms & Conditions come into force as soon as they are published on the LightBox.pl website.
  • 3. Amendments to the Terms & 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 & Conditions.
  • 5. If any of the provisions of the Rules herein turns out to be or is deemed invalid by a binding court order, all other provisions of the Rules remain in force.
  • 6. The price list of LightBox diets: www.lightbox.pl/cennik is an attachment to the LightBox.pl website Terms and Conditions.
  • 7. 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.

 

Gdańsk, 23 May 2018

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