Terms and Conditions
Definitions
Business days - days of the week from Monday to Friday, excluding public holidays.
Delivery - the actual act of Boostyfoods delivering the Product specified in the Order to the Buyer via the Supplier.
Supplier - an entity providing transport services with which Boostyfoods cooperates in the delivery of Products.
Registration form - a form available on the Website enabling the creation and registration of an Account.
Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of Delivery, payment and providing the Buyer's personal data.
Civil Code – the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2018, item 1025)
Account – a panel individual to each User, activated on their behalf by Boostyfoods after registration, in which the User's data, including loyalty points, are collected.
Consumer – a natural person performing a legal transaction not directly related to their business or professional activity.
Buyer (or User) – a person using the Website, in particular for the purpose of purchasing Products.
Boostyfoods – Boostyfoods Sp. z o.o. with its registered office in Warsaw at ul. BARTYCKA 22B/21A, 00-716 Warsaw, registered in the National Court Register under number: 0001066793; NIP: 5214043015, REGON: 526816562.
Newsletter – An electronic service provided by Boostyfoods via e-mail, consisting in sending information about Products, promotions and special offers.
Privacy Policy – a document containing information required by Article 13 of the GDPR and regulations relating to the use of cookies by the Website and the Online Store.
Product – an item offered by Boostyfoods in the Store.
Entrepreneur – a natural person, legal person or organizational unit conducting business or professional activity on its own behalf.
Terms and Conditions – these terms and conditions.
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (General Data Protection Regulation).
Website – the internet portal operated by Boostyfoods at boostyfoods.com
Store – the Boostyfoods online store located on the Website.
Sales Agreement – the agreement for the sale of a Product concluded between Boostyfoods (as the seller) and the Buyer.
Electronic Service – a service provided electronically by Boostyfoods to the User or other entities via the Website within the meaning of the Act on the provision of electronic services.
Act on the provision of services by electronic means – Act of July 18, 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2019, item 123).
Consumer Rights Act – Consumer Rights Act of May 30, 2014 (i.e. Journal of Laws of 2019, item 134).
User (or Buyer) – a person using the Website, in particular for the purpose of purchasing Products.
Order - a statement made by the Buyer to NatuCarte using the Order Form expressing their intention to purchase selected Products.
General provisions
Terms and Conditions. These Terms and Conditions set out the rules and conditions for the use of the Website and the Store by Users, and constitute the terms and conditions for the provision of electronic services in accordance with the Act on the provision of electronic services. The Terms and Conditions define in particular the rules for using the Store, placing Orders, delivering the ordered Products, paying the price of the ordered Products, the Consumer's right to withdraw from the Sales Agreement, as well as the rules for submitting and considering complaints.
Acceptance of the Terms and Conditions. The Sales Agreement is concluded and performed under the terms and conditions set out in these Terms and Conditions. Acceptance of the Terms and Conditions is a condition for the conclusion and performance of the Sales Agreement. By using the electronic Services, you accept the Terms and Conditions.
Store Customers. The Store is intended for both Consumers and Entrepreneurs, subject to the exceptions provided for in the Terms and Conditions.
Authorized representative of the Entrepreneur. A natural person acting on behalf of the Entrepreneur, concluding a Sales Agreement and accepting the Terms and Conditions, confirms that they are authorized to act on behalf of and for the Entrepreneur.
Ordering products
Invitation to conclude a contract. Announcements, price lists, advertisements, and other information about Products displayed in the Store constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code.
Prices. The prices on the Store's website do not include any delivery costs or payment costs, which are provided to the Buyer during the Order placement process.
How to place an Order. The Buyer placing an Order completes the Order by selecting the Product(s) they are interested in. A Product is added to the Order by selecting the “ADD TO BASKET” command under the Product presented on the Store's website. After completing the entire order and indicating the Delivery method and payment details in the “BASKET,” the Buyer places the order by sending the Order Form to Boostyfoods, selecting the “PLACE ORDER” button. Each time before sending the Order to Boostyfoods, the Buyer is informed about the total price for the selected Product and Delivery, as well as all additional costs that they are required to bear in connection with the Sales Agreement.
Use of the Account. Placing an Order does not require creating an Account. However, it requires providing the data necessary to complete the Order.
Conclusion of the Sales Agreement. Placing an Order constitutes the Buyer's offer to Boostyfoods to conclude a Sales Agreement for the Products contained in the shopping cart. Boostyfoods confirms receipt and acceptance of the Order by sending an e-mail to the person placing the Order. The Sales Agreement is concluded upon receipt of the above e-mail.
Confirmation of the Sales Agreement. After the conclusion of the Sales Agreement, the confirmation, disclosure, recording, and securing of the terms and conditions of the concluded Sales Agreement shall be made by sending an email to the Buyer containing confirmation of the conclusion of the Sales Agreement together with the specification of the Order placed.
Ordering Products in the subscription model. By choosing to purchase Products in the subscription model, the User concludes an agreement for the periodic delivery of selected Products and agrees to the periodic collection by the payment operator of the price of the Products and the Delivery costs (if Delivery is subject to a fee) for the duration of the subscription in accordance with the set frequency. If the selected subscription is for an indefinite period, the User may terminate the Product subscription agreement at any time via the cancellation link available in the Customer Panel or by contacting Boostyfoods, but no later than 5 days before the start of the next cycle. For the avoidance of doubt, it is confirmed that the rules for terminating the subscription agreement for Products set out in the preceding sentence do not limit the User's right to withdraw from such an agreement on the terms provided for in the Terms and Conditions.
Withdrawal from the Sales Agreement – Product unavailability. In the event that the Product ordered by the Buyer is unavailable or temporarily out of stock, Boostyfoods will inform the Buyer of this fact by contacting them at the phone number or email address provided by the Buyer. If the Buyer does not agree to the fulfillment of the Order in another form within 14 days (e.g., by replacing the Product with a similar one with similar properties and price) from the conclusion of the Sales Agreement, Boostyfoods shall be entitled to withdraw from the Sales Agreement within that period, and if the Buyer agrees, the Sales Agreement shall be performed without the missing Product or at a later date.
Withdrawal from the Sales Agreement – incorrect price. If the Seller finds that the price of the Product has been incorrectly specified on the Store's website, Boostyfoods shall inform the Buyer of this fact by contacting the Buyer at the phone number or email address provided by the Buyer. If the Buyer does not agree to the Order being fulfilled at the updated price, Boostyfoods has the right to withdraw from the Sales Agreement within 14 days of the conclusion of the Sales Agreement, and if the Buyer agrees, the Sales Agreement will be fulfilled without the Product incorrectly priced by Boostyfoods.
Withdrawal from the Sales Agreement – price change. In the event that, for reasons beyond Boostyfoods' control, there are sudden circumstances affecting the price (e.g. change in exchange rates, change in prices of suppliers or subcontractors), Boostyfoods shall be entitled to withdraw from the Sales Agreement, provided that withdrawal from the Sales Agreement shall only be possible after informing the Buyer of the price change and proposing a new price. If the Buyer does not accept the new price within 14 days, Boostyfoods shall be entitled to withdraw from the Agreement within that period.
Withdrawal from the Sales Agreement for reasons attributable to the Buyer. The Buyer shall be obliged to comply with the terms of the Sales Agreement, the principles of social coexistence, and good manners. Boostyfoods is entitled to refuse to conclude the Sales Agreement, suspend the execution of the Order or withdraw from the Sales Agreement within 7 days of discovering a breach - at its discretion - in the event of persistent breach by the Buyer of the provisions of the Terms and Conditions, in particular consisting in ordering cash on delivery shipments and refusing to accept them.
Combining orders. Boostyfoods reserves the right to combine orders placed by the Buyer within a short period of time and send them to the Buyer in one shipment or in fewer shipments than would result from the number of orders placed. This right of Boostyfoods shall not affect the delivery date or delivery costs.
Payments
Payment methods. The Buyer may choose the payment methods for the ordered Product available on the Store's website. The payment methods available to a given Buyer may vary depending on the country from which the Order is placed.
Consequences of non-payment. The Sales Agreement shall be terminated within 5 days of placing the Order if the Seller does not receive payment. Termination of the Sales Agreement in the manner described in this paragraph shall not apply if payment is to be made on delivery.
Accounting document. Boostyfoods documents the sale of Products by issuing a VAT invoice or receipt.
Invoice. In order to receive a VAT invoice, the Buyer should declare at the time of purchase that they are purchasing the Product as an Entrepreneur. The above declaration is made by entering the company name and tax identification number in the appropriate field when completing the Order form. The Buyer accepts the issuance and sending of invoices in electronic form to their email address. The moment of receipt of the invoice by the Buyer shall be deemed to be the moment of receipt of the electronic correspondence with the attached invoice by the Buyer's mail server.
Deliveries
Delivery area. Orders are fulfilled by Boostyfoods exclusively in Poland and the European Union.
Calculation of deadlines. The Delivery and Order fulfillment deadlines indicated on the Store's website are calculated in Business Days:
from the date of crediting the Boostyfoods bank account - if the Buyer chooses to pay by bank transfer, electronic payment or payment card;
from the date of conclusion of the Sales Agreement - if the Buyer chooses to pay by cash on delivery.
Delivery Dates. The approximate delivery time for standard parcels is 3-4 Business Days throughout Europe and 2-3 Business Days for express delivery. Detailed information about the planned delivery date will be provided when placing the order.
Delivery Costs. Any Delivery costs are indicated to the Buyer when placing the Order in the Store via the Order Form. These costs depend on the payment method and Delivery method selected by the Buyer, as well as current promotions. Delivery costs are also indicated on the Store's website.
Product collection. Upon collection of the Product, the Buyer is obliged to check the condition of the shipment. In the event of any shortages or damage, the Buyer should take the necessary steps to determine the Supplier's liability, in particular by drawing up a damage report together with the Supplier.
Extension of delivery time. Boostyfoods reserves the right to extend the order fulfillment time, and thus its shipment or delivery, in particularly justified cases, such as periods of increased purchases (e.g., Christmas), or interruptions in the supply chain. In the event that the shipment of the Order may be delayed, Boostyfoods shall notify the Buyer of the expected delivery time.
Promotions and Programs
Promotions. Boostyfoods may organize promotional campaigns consisting in particular of granting free gifts with purchased Products, occasional discounts on Products, and organizing sales. Boostyfoods shall inform about current promotional campaigns on the Store's website or as part of the Newsletter service. Promotional campaigns, free gifts, and other marketing campaigns resulting in benefits for the Buyer cannot be combined, unless Boostyfoods indicates otherwise in the terms and conditions of the promotion. Discount codes cannot be combined with each other, do not apply to product sets, or to purchases made as part of a regular delivery (subscription). Discount codes apply only to products bearing the Boostyfoods logo.
Loyalty program. Every registered Buyer may participate in a program that awards points in exchange for purchases made by the Buyer at Boostyfoods (“Loyalty Points”). The detailed possibilities for using Loyalty Points are specified in the current terms and conditions presented on the Website. Loyalty Points collected by Buyers are assigned to their Account and are not transferable. Loyalty Points are valid for 2 years, after which they will be redeemed.
Referral program. Each registered Buyer may participate in the Boostyfoods referral program by sending a code dedicated to the Buyer to third parties. If the code is used by a third party, Loyalty Points are credited to the Buyer. Detailed rules for crediting Loyalty Points under the referral program are set out in the current terms and conditions available on the Website.
Right to withdraw from the Sales Agreement
Consumer. Buyers who are Consumers, pursuant to Article 27 of the Consumer Rights Act, have the right to withdraw from the Sales Agreement, without giving any reason and without incurring any costs, except for the costs of returning the Product, within 14 days from the date of conclusion of the Sales Agreement, whereby it is sufficient to send a statement of withdrawal before the expiry of this period.
Product return costs. The direct cost of returning the Product, such as shipping, shall be borne by the Buyer. Boostyfoods does not accept shipments sent at the expense of the addressee or cash on delivery.
Form of the statement of withdrawal. The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to Boostyfoods. Withdrawal from the Sales Agreement may be effected using the form prepared by Boostyfoods. The statement may be sent to Boostyfoods by email or by post to the address of Boostyfoods. To meet the deadline, it is sufficient to send the statement before its expiry.
Exclusion of the right of withdrawal. The right to withdraw from the Sales Agreement does not apply in the cases specified in Article 38 of the Consumer Rights Act, in particular with regard to a Sales Agreement whose subject matter is:
an item that is subject to rapid deterioration or has a short shelf life;
goods delivered in sealed packaging which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery.
Effect of withdrawal. In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded. The Consumer is obliged to return the Boostyfoods Product immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement, unless Boostyfoods has offered to collect the Product itself. To meet the above deadline, it is sufficient to send the Product back to Boostyfoods before the expiry of that period.
Method of refund. If the Consumer effectively exercises their right to withdraw from the Sales Agreement, the amount paid by them, including the costs of delivery to the Consumer, will be refunded via the same payment channel that was used to pay for the goods, unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for them.
Suspension of refund. Boostyfoods shall suspend the refund of the payment received from the Consumer until it receives the goods back or the Consumer provides proof of their return, whichever occurs first.
Consumer liability. The Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product. In particular, it is assumed that the returned Product should be unopened, unused, and have intact security features. It is assumed that a Product from which the protective film has been removed is a used product whose value has been reduced to 0% of its initial value due to the specific characteristics and purpose of the Product.
Warranty
Warranty liability. Boostyfoods undertakes to deliver the Product free from physical and legal defects. Boostyfoods is liable to the Buyer who is a Consumer under the warranty if the Product has a physical or legal defect.
Exclusion of warranty towards Entrepreneurs. Boostyfoods' liability under the warranty towards Buyers who are Entrepreneurs is excluded.
Consumer complaint rights. If the item sold has a defect, the Buyer may request that the item be replaced with one free of defects or that the defect be removed. Boostyfoods is obliged to replace the defective item with one free of defects or remove the defect within a reasonable time without undue inconvenience to the Buyer.
Impossibility or excessive costs. Boostyfoods may refuse to satisfy the Buyer's request if bringing the defective item into conformity with the contract in the manner chosen by the Buyer is impossible or would involve excessive costs compared to the other possible means of bringing the item into conformity with the contract.
Withdrawal from the Sales Agreement. The Buyer may submit a statement of withdrawal from the Sales Agreement or a request for a price reduction due to a defect in the item sold. If the Buyer has requested replacement of the goods with goods free from defects or removal of the defect, the period for submitting a statement of withdrawal from the Sales Agreement or reduction of the price shall commence upon the ineffective expiry of the period for replacement of the goods or removal of the defect.
Warranty period. Boostyfoods is liable under the warranty if a defect is found within two years of the Product being delivered to the Consumer. Claims for removal of a defect or replacement of the Product with a defect-free Product expire one year after the date on which the defect was found. This period cannot end before the expiry of the period specified in the first sentence. The expiry of the period for finding a defect does not exclude the exercise of rights under the warranty if Boostyfoods has fraudulently concealed the defect.
Complaints Procedure
Complaints. Any complaints related to the Product or the performance of the Sales Agreement may be sent by the Buyer to kontakt@boostyfoods.com in electronic or written form.
Content of the complaint. It is recommended that the complaint contain at least:
the Buyer's contact details, including the order number;
a description of the problem, defects, and any damage, together with photos documenting the problem; and
the Buyer's request regarding the manner of handling the complaint.
Deadline. Complaints shall be considered within 14 days of receipt. If the complainant needs to provide additional information, the deadline may be extended by the time it takes for Boostyfoods to receive the missing information.
ELECTRONIC SERVICES
Types of services. Through the Website and the Store, Boostyfoods provides Users with the following free electronic services:
maintaining and managing an Account.
Newsletter service
User account. An Account may be created after successfully completing the Registration Form with the following data: first name, last name, email address. To create an Account, it is also necessary to set a password. Creating an Account is voluntary. A Buyer who wishes to place an Order may do so without creating an Account.
Newsletter. In order to use the Newsletter, the User must provide their email address and consent to receiving the Newsletter.
Free of charge services. The Electronic Services provided by Boostyfoods are free of charge.
Duration of Electronic Services. Electronic Services are provided to the User for an indefinite period. Boostyfoods is entitled to terminate the provision of Electronic Services with immediate effect in the event of a breach of the Terms and Conditions by the User and in the event of termination of business. Termination of the contract for Electronic Services shall be effected by sending a relevant statement to the User to the email address provided during registration. The User may withdraw from the services (terminate the contract for Electronic Services) at any time by sending an email to kontakt@boostyfoods.com as well as – in the case of the Newsletter service – by using the appropriate link at the bottom of the Newsletter message.
Technical requirements. In order to cooperate with the Boostyfoods ICT system and use the Electronic Services, the User must have a device connected to the Internet with any web browser supporting the UFT-8 code page; no additional extensions or plug-ins are required.
User obligations. The User is obliged to use the Website and Electronic Services in a manner consistent with the law, good manners, and principles of social coexistence. Posting any content of an unlawful nature is prohibited. The User should provide true and current data. Boostyfoods is not responsible for the consequences of providing false or outdated data.
Complaints about electronic services. Complaints regarding electronic services may be submitted in electronic form to the following address: kontakt@boostyfoods.com or in writing to the address of Boostyfoods. Complaints shall be considered within 14 days.
PERSONAL DATA
Personal data controller. The controller of Users' personal data is Boostyfoods.
Purposes of data processing. Users' personal data will be processed in connection with and for the purpose of performing contracts for the provision of Electronic Services and Sales Agreements in a manner consistent with the provisions of the GDPR.
Privacy Policy. Detailed information on the processing of Users' personal data can be found in the Privacy Policy.
OUT-OF-COURT DISPUTE RESOLUTION
Out-of-court dispute resolution. Detailed information on out-of-court methods of handling complaints and pursuing claims is available at the offices and on the websites of district (municipal) consumer ombudsmen, provincial trade inspection inspectors, and on the website of the Office of Competition and Consumer Protection.
The out-of-court dispute resolution and claim redress methods available to the Consumer include:
the Consumer may apply to the Provincial Trade Inspection Inspector with a request to resolve the dispute between the Consumer and the Seller,
submitting a request for the case to be heard by a permanent consumer arbitration court operating at the Provincial Trade Inspection Authority,
using free legal assistance from municipal or district consumer ombudsmen,
use legal assistance provided by non-governmental organizations, such as the Consumer Federation, the Association of Polish Consumers.
pursue claims by submitting a complaint via the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/
INTELLECTUAL PROPERTY
Ownership. All content posted on the Website and in the Store, including text, photos, graphics, audio and video files, is the property of the Seller, unless expressly stated otherwise.
Limited right of use. This content is protected by copyright and may only be used for personal use without the consent of the owner. It may not be used publicly in any way without the written consent of the owner, reproduced, modified, etc.
Trademarks and logos. The use of the Boostyfoods logo and name without the prior consent of Boostyfoods is prohibited.
License granted by the User. If the User transfers content protected by intellectual property rights, in particular photos and videos (hereinafter collectively referred to as “Content”), to Boostyfoods, upon transfer of such Content, the User grants Boostyfoods a non-exclusive, transferable, sublicensable, free, and global license to use, exploit, distribute, modify, run, reproduce, publicly perform or display, translate, and exercise any derivative rights to the Content.
Consent to use of image. Upon submission of Content containing the User's image, the User grants Boostyfoods a free license to use and distribute their image, including through publication on the Website and on Boostyfoods' social media channels. If the Content contains images of other people, the User declares that they have obtained consent from such persons for the use and distribution of their image by Boostyfoods.
FINAL PROVISIONS
Limitation of liability. Boostyfoods' liability for damages for non-performance or improper performance of contracts is limited to the actual losses incurred by the User. Boostyfoods' liability for lost profits is excluded.
Jurisdiction. The court having jurisdiction to hear disputes related to the subject matter of these Terms and Conditions, to which the Entrepreneur is a party, shall be the common court for the registered office of Boostyfoods, and in matters to which the Consumer is a party, the court having jurisdiction according to general provisions.
Amendment of the Terms and Conditions. Boostyfoods reserves the right to amend the provisions of these Terms and Conditions, in particular in the event of changes in applicable law, changes in payment methods, changes in the method of delivery or provision of electronic services covered by the Terms and Conditions. Boostyfoods shall publish the consolidated text of the amended Terms and Conditions on the Store's website, indicating the date of entry into force.
Application of the amended Terms and Conditions to Orders placed. Amendments to the Terms and Conditions shall enter into force on the date specified in the information and shall apply to Sales Agreements concluded on or after that date. Amendments to the Terms and Conditions shall not affect Orders placed and processed which are covered by the Terms and Conditions in force at the time of placing the Order.
Amendment of the Terms and Conditions with regard to Users using Electronic Services. Boostyfoods shall notify Users who have concluded a contract for the provision of Electronic Services of any amendments to the Terms and Conditions by e-mail. If the amended Terms and Conditions are not accepted, Customers may terminate the contract for the provision of Electronic Services with immediate effect within fourteen days of receiving the email.