§ 1 BASICS
The owner and manager of White Marlin is the company WM Catering Sp. z o.o. with registered office in Sopot, entered in the register of entrepreneurs of the State Court Register under number KRS 0 000 940 453, register court, where the documents of the company are kept: District Court Gdańsk-Pornoc in Gdańsk, VIII Economic National Division of the Registry of Courts with headquarters address and address for service:
Armii Krajowej street, 116 / 3, 81-824 Sopot, Tax id: 5851496021, REGON: 520948038,
e-mail: catering@whitemarlin.pl, contact number +48 798-586-291 (hereinafter referred to as "service provider" or "seller").
§ 2 DEFINITIONS OF THE LEGAL REGULATION
DELIVERY ADDRESS - means the exact delivery address of the service item specified by the Customer when ordering, including location, postcode, city district, street, apartment number, intercom code, possible access to the key of the gate/entrance door, or information on the type and location of meals.
PRICE LIST - price list of services available on the website www.whitemarlin.pl
CUSTOMER DATA - data provided by the customer when ordering and necessary for its fulfilment, including name, address, telephone number, e-mail address.
DIET/PRODUCT - a series of meals, in the quantity and calorie content chosen by the Customer, delivered in the frequency specified in the order.
WORKING DAY - includes a day from Monday to Friday, except holidays.
ORDER FORM - electronic service, a form on the website whitemarlin.co.uk/diet catering, on the DIETA tab, with which you can order a diet.
CUSTOMER/USER - a fully capable natural person, legal entity or organisational unit without legal personality who, by law, has the legal capacity to use or intends to use the services of White Marlin.
Civil Code - Code of 23 April 1964 (Journal of Laws No 16, item 93 as amended).
NEWSLETTER - an electronic service provided by the Service Provider via e-mail that allows the Customer to receive regular information from the Service Provider about new services, features and news as well as other content such as promotions, discount codes, surveys, nutrition advice, Christmas greetings and much more.
TERMS AND CONDITIONS - means these General Terms and Conditions for Services of White Marlin.
WEB SERVICE/SERVICE - Internet service owned by the service provider and accessible at whitemarlin.pl, through which the customer can place an order for the provision of the service and obtain information about the services of White Marlin.
SERVICE ZONE - the area of services indicated in the information area on the website of the Internet service, which includes the indicated capitals and the surrounding villages. The possibility of delivery to the address specified by the Customer during the order is confirmed by the service provider upon acceptance of the order for realisation.
CONTRACT - a contract concluded by means of electronic communication between the Customer and White Marlin Diet Catering, the subject matter of which is the provision of a service to the Customer.
CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827).
ORDER - a declaration of intent by the customer submitted via the order form and aimed directly at concluding a service contract with the seller.
§ 3 GENERAL PROVISIONS
The Service Provider undertakes to provide the Services on the Website to the Customer to the extent and under the conditions set out in these Terms and Conditions.
The customer is obliged to use the website in a manner consistent with its intended use, with these Terms and Conditions, and in a manner consistent with the law and good morals, with due regard for personal rights, personal data and copyright and intellectual property rights of the service provider, other customers and clients and third parties.
The Customer is obliged to provide the service provider with true and correct data necessary for the performance of the Services.
In the situation of any health contraindications, the Customer should consult a doctor about the possibility of using White Marlin Diet Catering products before placing an order with White Marlin Diet Catering.
The controller of the personal data processed at White Marlin Dietetic Catering
in connection with the implementation of these Terms and Conditions is the service provider. Personal data shall be processed for the purposes, to the extent and on the basis of the grounds of
and rules as indicated in these terms and conditions and in the privacy policy published on the website, at the link https://whitemarlin.pl/catering-dietetyczny/polityka-prywatnosci .
All prices quoted on the website are given
in Polish zloty (PLN), are gross prices including all necessary components.
The service provider reserves the right to extend the diet offer with new products, and the addition of new products does not constitute an amendment to the terms and conditions.
§ 4 ORDERING PROCEDURE
The service provider allows the customer to place an order on the website by selecting a diet for a specific number of days and deliveries according to the offer described at https://whitemarlin.pl/catering-dietetyczny/diety/ or at https://whitemarlin.pl/catering-dietetyczny under the DIETS tab.
The customer, may also place an order by sending an email to the service provider's email address catering@whitemarlin.pl or by telephone at: 798-586-291.
If an order is placed by telephone, it is necessary to confirm the order by means of an e-mail sent by the Customer to the service provider's e-mail address catering@whitemarlin.pl.
Orders placed Monday to Friday by 1pm, are placed on the third day from the day the order is placed (i.e. an order placed on Monday by 1pm is placed on Thursday of the same week, an order placed after 1pm will start on Friday of the same week).
Orders placed on Friday after 13:00 up to and including Sunday are placed for Thursday of the following week.
An order placed by telephone or e-mail is deemed to have been placed as soon as the customer receives confirmation of its receipt by e-mail, containing the following information: customer details, order number, selected diet variant, delivery address, dates and times of individual deliveries and other information relevant to the order. Upon receipt by the customer, a contract is concluded.
The customer has the right to raise objections to the contents of the order confirmation within 24 hours of receiving the message from the seller. Failure to raise objections within the specified period is tantamount to acceptance of the terms of the order.
In addition to the information required as standard when placing an order, the ordering party is obliged to inform White Marlin Diet Catering of any health complaints, including food allergies and other illnesses or ailments, which require the elimination or restriction of the consumption of certain products.
Acceptance and fulfilment of the order - also taking into account the information referred to in paragraph 6 above - does not constitute acceptance of responsibility on the part of White Marlin Dietetic Catering for a possible unfavourable feeling of the client or a negative reaction of the body to the set of ingredients, in particular due to lack of knowledge and influence of the other liquids and products taken by the client.
In the event that the data provided in the Order is incomplete, untrue or otherwise unclear - the service provider reserves the right to suspend the execution of the Order until the data is completed or clarified.
The customer is obliged to provide the seller with the relevant contact information (landline/cell phone number and e-mail address). The customer is responsible for providing a correct e-mail address and for ensuring that the e-mail address provided is accessible. It is the customer's responsibility to ensure that the telephone number provided is correct and that the customer is reachable at least at one of the telephone numbers provided. The seller is not liable for any damage resulting from a failure to fulfil the obligations listed above.
The prices of the individual sets, valid on the day of placing a given order, are specified in the White Marlin Diet Catering price list.
§ 5 ORDER PROCESSING PROCEDURE
Delivery of White Marlin Diet Catering products is available in the delivery area indicated on the Website, between 1am and 7am. Tri-City between: 19:30-2:00.
Each meal is delivered in a sealed container with a self-adhesive label indicating its contents and the energy value of the meal along with the storage conditions, placed together with the other meals included in the meal set in a collective packaging - a paper bag/carton with the White Marlin Diet Catering logo with the client's details such as name, surname, address, time of delivery and type of diet.
Orders placed and properly paid on a working day before 1 p.m. will be processed on the two working days following the date of the order (i.e. Monday after 1 p.m. the order is placed on Thursday). Orders placed on a working day after 1pm and on Saturdays, Sundays and public holidays will be processed from the third working day following the date of the order (i.e. Monday after 1pm the order is placed on Friday).
Exceptions are orders placed on Friday after 1pm up to and including Sunday - these will be fulfilled on Thursday of the following week.
Depending on the zone/location, an additional catering fee will be charged.
If the customer fails to collect the order due to the absence of the person authorised to collect the order or any other circumstance/circumstances not reported by 1 p.m. on the two days preceding the delivery, the subject of the order shall be deemed effectively delivered. In such an event, the customer shall not be entitled to claim a refund for the part of the Order attributable to the day in question or to make any other claim for non-receipt of the order.
The Seller shall not be liable in the event of theft of a product that was previously delivered to the delivery address indicated by the Customer. The Seller documents the leaving of the product by taking a photograph.
In the case of a public holiday, the products are delivered on the evening of the day before such a day. In the case of weekends (Saturday and Sunday diets are delivered together in accordance with Saturday delivery).
The Seller reserves the right to modify the product delivery schedule. In such a situation, the Seller undertakes to inforḿ the customer electronically (or by telephone) in time for the possible modification of the delivery schedule in the order.
The seller reserves the right to interrupt the processing of orders
during the holiday period. The retailer will inform the customer of the occurrence of such a break in advance.
§ 6 PAYMENT FOR THE ORDER
The purchaser is obliged to make payment for the order on the basis of the order confirmation in one of the following ways:
If the customer chooses to pay by bank transfer, electronic payment or payment card, the day of payment shall be deemed to be the day on which the seller's bank account is credited.
The service provider is entitled to withhold the order until the payment for the order in question has been received. The service provider will inform the customer of the fact of withholding. In the event that the service provider exercises this right, the date of the order will be deemed to be the date of payment.
The online payment service provider is Blue Media S.A.
Sales made through the online shop are recorded by the company using a cash register. The company issues electronic invoices to customers in the name of the individual or the company.
§ 7 COMPLAINTS
In the event that the subject matter of the order or the manner in which it is carried out does not comply with the order placed or these terms and conditions, the customer shall be entitled to lodge a complaint ("Complaint").
The complaint should be submitted by e-mail to: catering@whitemarlin.pl.
A complaint shall be deemed to have been lodged as soon as the customer has received an acknowledgement of receipt, but in any event no later than 12:00 noon on the working day following the day on which the complaint was lodged.
If the subject of the complaint is accepted, White Marlin Dietetic Catering will inform the customer of the possibility of replacing the subject of the order on a given working day or of compensating for the failure to fulfil the subject of the order by contacting the customer by telephone or e-mail.
If White Marlin Dietetic Catering determines that the complaint is unfounded, in particular with regard to the compliance of the subject matter of the complaint with the Order, White Marlin Dietetic Catering will inform the customer of the fact that the complaint has not been accepted.
within a period of no more than 1 day providing adequate justification.
In the event that the complaint is not accepted in accordance with paragraph 5 above, that the meal or meals being replaced cannot be delivered to the client for reasons attributable to the client, or that the client fails to return the advertised meal or meals intact to the representative (supplier) of White Marlin Catering Dietetic, who delivered the meal or meals to the client for replacement, White Marlin Catering Dietetic shall be owed an amount corresponding to the value of the meal or meals delivered to the client in accordance with the White Marlin Catering Dietetic price list currently in force.
§ 8 AMENDMENT OF THE ORDER AND TERMINATION OF THE CONTRACT
Once the contract has been concluded, it is possible to change the type of diet and the delivery address of the diet, provided that the client effectively informs the service provider of this fact no later than 1 p.m. 2 days in advance of the delivery to which the change relates, in the case of modification of a diet delivered on Monday, by 1 p.m. on Thursday, in the case of modification of a diet delivered on Saturday and Sunday, by 1 p.m. on Wednesday.
If a diet is changed during the course of the order to a higher-value package, the customer must make a surcharge by 4pm 2 days before delivery.
The client is not entitled to a refund of the difference if the package is reduced.
The customer has the right to terminate the contract without stating a reason with a notice period of 2 working days.
The declaration of termination of the contract and the change of order shall be made in writing or sent by e-mail to catering@whitemarlin.pl.
The period of notice shall run from the date on which the customer sends the e-mail containing the declaration of intent or the date on which the written declaration of intent is delivered to the service provider.
The retailer is obliged to reimburse the customer immediately, no later than within 14 calendar days of receipt of the customer's notice of termination, the payments made by the customer for the unused days including the notice period.
The seller shall refund the payment using the same means of payment used by the customer, unless the customer has expressly agreed to a different method of refund that does not incur any costs for the customer.
§ 9 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
Taking into account the subject of the contract being a service closely related to the subject of the service being perishable or having a short shelf life, as well as the fact that part of the service is an item delivered in sealed packaging which cannot be returned for health protection or hygienic reasons once the packaging has been opened, if the packaging has been opened after delivery, according to the wording of the provisions of Article 38(4) and (5) of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended), the customer is not entitled to withdraw from the contract as concluded off-premises or at a distance.
§ 10 TERMS OF USE OF THE NEWSLETTER
The use of the Newsletter is free of charge. Subscription to the Newsletter is possible by ticking the appropriate checkbox at https://whitemarlin.pl/catering-dietetyczny.
In order to subscribe to the newsletter, the Customer is required to provide his/her name and e-mail address and to tick the box accepting the Terms and Conditions and Privacy Policy.
The customer may, at any time and without giving reasons, cancel the
from the Newsletter by sending an appropriate request to the Service Provider,
in particular by e-mail to: catering@whitemarlin.pl.
§ 11 LOYALTY PROGRAMME AND DISCOUNTS
White Marlin Dietetic Catering introduces a loyalty programme designed for customers - hereinafter referred to as the "Loyalty Programme".
The Loyalty Programme is based on bonus sales, whereby customers are awarded points for certain actions in the Customer Panel.
As soon as an account is created, the customer becomes a member of the Loyalty Programme.
The Loyalty Programme participant receives points according to the scheme, located at https://whitemarlin.pl/catering-dietetyczny/program-lojalnosciowy/.
Points are credited as soon as the conditions specified above are met and are converted according to the 6%, 9%, 12% rule.
The service provider may increase or decrease the number of points received for the purchase of certain products.
Points can only be used for discounts, they cannot be exchanged for cash or vouchers.
Loyalty points only accrue during purchases without the use of discount codes.
A discount code is one that has been created directly for the customer or appears as a general discount (e.g. START).
Loyalty points obtained from purchases are only usable in the Service Provider's shop.
The amount of Loyalty Points accrued is 6% of the net order value. Exceeding a total order amount of PLN 6,000, the value of Loyalty Points accrued increases sequentially to 9% of the order value, after exceeding PLN 12,000 to 12% of the order value.
Loyalty Points can be used with each order, regardless of the discount codes used at the same time.
Customers can also use general or individual discount codes, which specify in percentage terms the amount of discount granted for a specific order.
The amount of the discount will be calculated on the total order. The granted discount will be transferred to the last days of the order. The value of the daily allowance after the discount cannot be less than PLN 1, in which case the remaining discount is transferred to the preceding days.
Customers will receive an additional discount for the length of their order, which will be calculated from the 11th day of each order. The amount of the discount is 0.4% for each additional day of the order e.g. if a customer orders a diet for 15 days, the additional discount will be 2% (5×0.4%).
The order length discount is applied together with Loyalty Points and general and individual discount codes, but is calculated as the last component of the order, i.e. after all other applied discounts have been taken into account.
§ 12 OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
This section of the terms and conditions applies only to service recipients and customers who are consumers.
Detailed information concerning the possibility of using out-of-court complaint and claim procedures by a buyer who is a consumer, as well as the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/spory_konsumenckie.php and https://www.uokik.gov.pl/wazne_adresy.php.
A consumer may also obtain assistance in resolving a dispute using the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
§ 13 PERSONAL DATA
The data administrator is WM Catering sp. z o.o. NIP: 5851496021, REGON: 520948038 registered at ul. Armii Krajowej 116/3 with the postal code 81-824 Sopot.
Data protection is carried out in accordance with the requirements of generally applicable legislation and is stored on secure servers and in secure documents.
The service provider processes data such as name, surname, e-mail address, residential address, telephone number and IP address for the purpose of providing services and for marketing purposes (only after obtaining the relevant consents from the persons concerned).
The service provider is also the controller of the data of newsletter subscribers and users of its products and services.
Personal data shall be processed in accordance with data protection legislation, the implemented privacy policy, to the extent and for the purpose necessary for the establishment, formation of the content of the contract, amendment or termination thereof and the proper performance of the electronically provided services, to the extent and for the purpose necessary for the fulfilment of legitimate interests (legally justified purposes).
The customer has the right of access, rectification, erasure or restriction of processing, the right to object, the right to lodge a complaint with a supervisory authority.
Contact with the person supervising the processing of personal data in the Service Provider's organisation is possible by e-mail at: catering@whitemarlin.pl
The Service Provider reserves the right to process data after the termination of the Contract or the withdrawal of consent only to the extent for the purpose of asserting possible claims in court or if national or EU regulations or international law oblige the Service Provider to retain the data for a maximum period of 10 years.
The Service Provider shall have the right to make the User's personal data and other data of the User available to entities authorised under the relevant legislation (e.g. law enforcement agencies).
The deletion of personal data may take place as a result of the withdrawal of consent or the lodging of a legally permissible objection to the processing of personal data.
The Service Provider shall not make personal data available to entities other than those authorised by the relevant legislation.
The service provider has implemented security measures such as anti-virus, monitoring of data storage locations to minimise possible data security breaches.
Personal data shall only be processed by persons authorised by the service provider or by processors with whom the service provider works closely.
§ 14 COPYRIGHT
Copyrights and intellectual property rights to the website as a whole and its individual elements, including content, graphics, works, designs and signs available as part of the website belong to White Marlin Catering Dietetyczny Sp. z o.o. and are protected by copyright and other applicable laws.
§ 15 FINAL PROVISIONS
Contracts concluded through White Marlin Dietetic Catering are concluded in accordance with Polish law and in the Polish language.
Amendments to the Terms and Conditions - the Service Provider reserves the right to make amendments to the Terms and Conditions for important reasons, i.e.: change of the law; change of the delivery or payment method; addition of new electronic services - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions and addition of new payment methods. The amended Terms and Conditions are binding upon the Customer/Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer/Customer has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. Should the amendment to the terms and conditions result in the introduction of any new fees or an increase in the current fees, the service recipient/customer has the right to withdraw from the contract. The amendments to the Rules and Regulations shall in no way affect the service recipients'/customers' acquired rights prior to the effective date of the amendments to the Rules and Regulations, in particular, the amendments to the Rules and Regulations shall not affect any Orders already placed or placed and any service contracts concluded, executed or performed.
Matters not covered by these Rules and Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights and other relevant provisions of universally applicable law.
If any provision of the Rules of Procedure proves to bę or is declared invalid by a final court decision, all other provisions of the Rules of Procedure shall remain̨ in force.