Returns and Complaints

This is an English translation for your convenience. The Polish version is the binding one.

This page brings together in one place what applies to withdrawal from the contract, complaints and refunds when you buy the Fresh Start Meal Plan (Dieta na Start in the Polish terms), the Fresh Start Meal Plan: Dairy-Free (Dieta na Start bez nabiału in the Polish terms) or the Fresh Start Bundle. The full rules of sale are set out in the Terms (/en/terms). If anything here sounds different from there, the Terms and the law take precedence.

Who is responsible for what

The seller is Joanna Sirak, a sole trader registered in CEIDG under the business name JOANASI JOANNA SIRAK, NIP (tax ID) 6751435279, REGON 146446576, ul. Tkacka 5/5, 30-050 Kraków, hello@joanasi.com. I am responsible for the set, access, complaints, refunds and your data. Stripe, on my instructions, runs the payment page, collects the payment and technically carries out refunds. Payment matters handled by your bank (for example a chargeback) are between you, the bank and Stripe; I learn of their outcome from Stripe.

If you do not know whom to write to, write to me at hello@joanasi.com. I will not send you away empty-handed.

Withdrawal from the contract within 14 days

As a consumer, you have the right to withdraw from the contract within 14 days of its conclusion, without giving any reason. It is enough to send your statement before the period expires; the model form is at the bottom, but it is not compulsory.

The set has two parts that the Act treats differently:

The ebooks and the guide (digital content). The right of withdrawal in respect of the files expires only if all three conditions of Article 38(1)(13) of the Polish Consumer Rights Act (ustawa o prawach konsumenta) are met together: you expressly request supply of the files before the period expires, you acknowledge that you will thereby lose the right of withdrawal, and I give you a confirmation of the conclusion of the contract on a durable medium. The first two conditions are a box at purchase, unticked by default; ticking it is a condition of placing the order, because I sell the sets only for immediate supply. In the bundle, it covers both ebooks and the guide. The third is my obligation, which is why I make the files available only after sending the confirmation. If any condition is not met, you keep the right of withdrawal in full.

Access to the platform (digital service). I do not exclude the right of withdrawal from this part, and I do not demand payment for use of the platform during the withdrawal period, although Article 35 of the Act would allow it.

Effects. If you validly withdraw from the whole contract, I refund the entire payment within 14 days of receiving your statement, using the same payment method, and close access. If you have lost the right of withdrawal in respect of the files and withdraw only from access to the platform, I close the platform, and the files remain with you; in that case I do not refund the price, because it covers the files that you requested and received. Withdrawal and refund relate to a single order: a refund of the bundle closes both sets from that order, and a set bought separately earlier remains.

How to withdraw

Write to hello@joanasi.com with an unequivocal statement that you are withdrawing from the contract, and give the e-mail address used for the purchase. An ordinary message is enough. You may also send the form from the bottom of this page, by e-mail or by post to ul. Tkacka 5/5, 30-050 Kraków.

Before you withdraw, you may ask for the data you created on the platform (days, dishes, shopping list); I will send it in a machine-readable format.

A complaint is not the same as withdrawal

Withdrawal is cancelling without giving a reason within 14 days. A complaint is a report that something is wrong with the set, and you are entitled to make one regardless of whether the withdrawal period has passed: for two years from the supply of the files and for the whole time I provide access to the platform.

Make a complaint to hello@joanasi.com. It will help if you write: the e-mail address used for the purchase, what the problem concerns (ebook, guide, platform, a specific recipe), what the lack of conformity consists of and what you expect. None of this information is a condition for accepting the complaint; if anything is missing, I will ask.

I reply within 14 days of receiving the complaint, on a durable medium. If I do not reply within that period, the complaint is deemed to have been accepted (Article 7a of the Polish Consumer Rights Act (ustawa o prawach konsumenta)).

What you may demand. If the digital content or digital service is not in conformity with the contract, you may demand that it be brought into conformity. If that is impossible or disproportionately costly, or if I do not bring it into conformity within a reasonable time and without significant inconvenience, you may make a statement on a reduction of the price or on withdrawal from the contract (Chapter 5b of the Polish Consumer Rights Act (ustawa o prawach konsumenta), Articles 43h to 43q). If the law gives you more, you are entitled to it in full.

If you disagree with my reply

You may use free, out-of-court means of handling complaints and pursuing claims. The competent body is the Provincial Inspectorate of Trade Inspection in Kraków (Wojewódzki Inspektorat Inspekcji Handlowej w Krakowie, krakow.wiih.gov.pl). You may also seek help from a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów). The list of all authorised bodies is kept by the President of the Office of Competition and Consumer Protection (Prezes UOKiK): polubowne.uokik.gov.pl. In cross-border matters, the European Consumer Centre helps: konsument.gov.pl. You may also pursue your rights before the common courts.

Statutory information on withdrawal from the contract

The text comes from Annex 1 to the Polish Consumer Rights Act (ustawa o prawach konsumenta). The Act provides a model, so I complete it rather than describe it in my own words; that is why it addresses you formally. The English wording follows the model instructions in Directive 2011/83/EU.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (JOANASI JOANNA SIRAK, ul. Tkacka 5/5, 30-050 Kraków, NIP (tax ID) 6751435279, e-mail: hello@joanasi.com) of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or e-mail). You may use the model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of the platform access service during the withdrawal period, we do not require you to pay for the performance provided until you communicated to us your withdrawal from this contract.

Model withdrawal form

The model comes from Annex 2 to the Polish Consumer Rights Act (ustawa o prawach konsumenta). Complete it and send it back only if you wish to withdraw from the contract.

To: JOANASI JOANNA SIRAK, ul. Tkacka 5/5, 30-050 Kraków, NIP (tax ID) 6751435279, e-mail: hello@joanasi.com

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the supply of the following digital content (*) / for the provision of the following service (*): set or bundle: .................................. (name as shown in the order confirmation).

• Concluded on (*) / received on (*): ..................................
• E-mail address used for the purchase: ..................................
• Name of consumer(s): ..................................
• Address of consumer(s): ..................................
• Signature of consumer(s) (only if this form is notified on paper): ..................................
• Date: ..................................

(*) Delete as appropriate.