Terms of Sale

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

These terms set out the rules on which you buy meal plans from me, namely 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 of both, and what you are entitled to. I address you directly, because a contract should be understandable, not merely lawful. Where the law requires specific wording, I quote it.

1. Seller and contact

The seller and service provider is Joanna Sirak, a sole trader registered in the Central Register and Information on Economic Activity (CEIDG) under the business name JOANASI JOANNA SIRAK, NIP (tax ID) 6751435279, REGON (statistical number) 146446576, address: ul. Tkacka 5/5, 30-050 Kraków. This is also the correspondence address.

Contact on all matters, including complaints and withdrawal from the contract: hello@joanasi.com. I reply fastest by e-mail, in Polish. The contract is concluded in Polish.

I make these terms available free of charge before the contract is concluded, in a way that allows you to download, save and reproduce them. The version you accepted is recorded in the order confirmation.

2. What these terms cover

These terms cover the sale of digital products on the joanasi.com website:

• the Fresh Start Meal Plan set,
• the Fresh Start Meal Plan: Dairy-Free set,
• the Fresh Start Bundle of both sets, bought in a single order.

Each purchase is a separate contract for the product stated in the order. Where I write “set”, I mean the product you bought with that order.

I sell to natural persons buying for a purpose not directly connected with their business or professional activity (consumers). I do not sell to businesses: I do not collect a tax identification number (NIP) and I do not offer purchases on behalf of a business. If you carry on a business but the purchase is not of a professional nature for you, you have the same rights as a consumer.

These terms do not cover the free training plan or the newsletter. Their rules are set out in the Newsletter Terms available at /en/newsletter.

3. What you are buying

The Fresh Start Meal Plan is one product made up of three parts supplied under one paid contract:

• the Fresh Start Meal Plan ebook in PDF format: recipes from the current edition, with nutritional values per serving, preparation time and a list of ingredients;
• the guide in PDF format: how to eat to build strength, health and fitness;
• access to the platform on the joanasi.com website: recipes from the purchased edition, a weekly plan, a summary of calories and macronutrients and a shopping list built from the planned days, as well as the “My materials” area, from which you download the files.

The Fresh Start Meal Plan: Dairy-Free is one product made up of two parts supplied under one paid contract:

• the Fresh Start Meal Plan: Dairy-Free ebook in PDF format: recipes without cheese, yoghurt and milk from the current edition, with nutritional values per serving, preparation time and a list of ingredients;
• access to the platform with the recipes of this edition, on the same terms as above.

This set does not include the guide. Some dishes appear in both meal plans; in the dairy-free version they have different ingredients.

The Fresh Start Bundle is both sets bought together, in a single order and for one price: both ebooks, the guide and access to both plans on the platform.

Each set is a separate plan on the platform, with its own week and its own shopping list; you switch between plans in the platform menu. Buying one set does not give access to the other.

The ebooks and the guide are digital content. Access to the platform is a digital service. You buy them together, for one price, and I am responsible for them together. Downloaded files remain yours without any time limit. You can download them again from the platform for at least 24 months from the purchase; for the same period I guarantee access to the platform for the purchased edition.

What the purchase does not include. The purchase is a one-off: it is not a subscription, it does not renew and I do not take any further payments. It does not include a physical product, a dietary consultation, individual advice or a meal plan drawn up after examining you. It does not include future, separately paid editions or new products; if they are created, they will be sold separately.

Nature of the content. The materials are general and educational. They are not medical advice, a diagnosis or an individual dietary recommendation and do not replace contact with a doctor or a dietitian. You will find the full information on the /en/health-information page; I repeat it in the materials and on the platform.

4. Technical requirements, compatibility and interoperability

You need a working e-mail address, a device with internet access and a browser: I support the current and the previous major version of Chrome, Safari (including on iOS), Firefox and Edge, with cookies and JavaScript enabled. For the ebooks and the guide you need a program that opens PDF files.

The platform works online. You can open downloaded files without the internet. All files are ordinary PDF files without DRM protection and you can open them in any reader. On request, I will provide the data you create on the platform (planned days, chosen dishes, shopping list) in a commonly used, machine-readable format, free of charge; write to hello@joanasi.com.

I am not responsible for the operation of software from other providers (browser, PDF reader, e-mail program), but I am responsible for the platform working properly in an environment that meets the above requirements. You must not provide content of an unlawful nature to the platform.

5. Price and other information about the contract

The price of the set or bundle is shown on the offer page or, for the prices described below, on the platform, and also in the order confirmation. It is the total gross amount in Polish zloty (PLN), payable once. There are no delivery costs, because I do not send anything. I use the subjective VAT exemption (Article 113 of the Polish Value Added Tax Act (ustawa o podatku od towarów i usług)). At your request, made within the period set in Article 106b(3) of that Act, I will issue an invoice documenting a VAT-exempt sale. If the tax rules change in a given period, information about this will be on the offer page before purchase.

A second meal plan at a lower price. If you already have one set, you can buy the second at a lower price after signing in, on the platform, for the e-mail address of your account:

• if your access to the Fresh Start Meal Plan dates from before sales of the Fresh Start Meal Plan: Dairy-Free began (the launch), you can buy the Fresh Start Meal Plan: Dairy-Free for PLN 49; this price is available to you without a time limit;
• if you have one set bought since the launch, you can buy the second for PLN 69, regardless of which one you bought first.

You see the price on the platform before purchase; next to it I show the price of the set on the offer page. These are fixed prices for the groups described, not temporary reductions. I check your eligibility for them when you order, on the basis of the sets assigned to your e-mail address, and I do not combine them with other prices. A purchase for another person, to their address, is at the offer page price. The Fresh Start Bundle has one price, lower than the sum of the prices of both sets bought separately on the offer pages.

If the price is reduced, next to it you will see the lowest price from the 30 days before the reduction. I do not adjust the price individually and I do not set it on the basis of automated decision-making or profiling.

Contacting me costs you only what your tariff provides for. I do not give a guarantee within the meaning of the Polish Civil Code (Kodeks cywilny), which does not change my liability for the set conforming to the contract (point 11). I do not apply a code of good practice. I do not take a deposit or any other security and you are not bound by any minimum period.

6. How you place an order and pay

1. On the offer page (or on the platform, for the prices in point 5) you see a description of the set or bundle, the price and the available payment methods.
2. You give the e-mail address to which you will receive access. You tick the box in which you request supply of the PDF files from the order straight away and acknowledge that once they are supplied you can no longer withdraw from the contract in respect of those files (point 13). I sell the sets only for immediate supply, so you cannot place the order without ticking this box. Consent to the newsletter is separate, voluntary and does not affect the purchase.
3. Directly above the button you see the name of the set or bundle, the price, the payment methods and the minimum period of access to the platform (24 months from purchase). You place the order with the “Buy now” button, which also shows the price (in Polish: “Kupuję i płacę”), which means an order with an obligation to pay. By placing the order, you accept these terms and confirm that you are aware of the Privacy Policy.
4. You go to a payment page operated by Stripe. You can pay by card, by BLIK or by Przelewy24 transfer (and also by Apple Pay or Google Pay, if your device supports them). You give your card details to Stripe; I do not see or store them.
5. After the payment is confirmed, I send you, on a durable medium (by e-mail), a confirmation of the conclusion of the contract, and then I open access in line with your choice from point 2.

If you already have a set. When you buy without signing in, if the e-mail address you give already has access to the set being ordered or qualifies for a lower price under point 5, the payment will not start: I will send a message to that address with a link to your account and your price. On screen you will only see a request to check your inbox, with no information about what that address has; I do not reveal who has bought from me.

Who is the party to the contract. You conclude the contract with me, Joanna Sirak. I am the seller, and I am responsible for the set, access, complaints and your data. Stripe is a payment operator acting on my instructions: it runs the payment page, collects the payment and technically carries out refunds. On your statement you will see the transaction descriptor set for my Stripe account.

When the contract is concluded. The contract is concluded at the moment Stripe confirms a successful payment and I record the paid order. The confirmation message confirms a contract already concluded; it is not the event that creates it. An interrupted, abandoned or unpaid payment does not create a contract. BLIK and Przelewy24 payments are confirmed with a delay; until then the order has a pending status.

7. Confirmation on a durable medium

Separately from Stripe's payment confirmation, I send you by e-mail a confirmation of the conclusion of the contract. It contains information about the contract, the content and version of these terms, a record of the statements you made, information on withdrawal from the contract and the model withdrawal form.

I make the files available for download only after sending this confirmation. Until you receive it, I do not start the performance to which your statement on the loss of the right of withdrawal relates.

8. Delivery and access

I open access automatically after the payment is confirmed and the contract confirmation is sent, usually within a few minutes. Orders placed before this version of the terms with delivery after the withdrawal period chosen are opened on the first day after 14 days have passed from the conclusion of the contract. The page you return to after payment is not proof that the order has been paid; the payment confirmation is.

The ebooks and the guide are delivered at the moment they are made available for download. Access to the platform is provided at the moment it is opened for the purchased edition.

If the payment succeeded and you still have no access after 30 minutes: check your spam and promotions folder, go to the /dostep page and enter the e-mail address used for the payment, and if that does not help, write to hello@joanasi.com giving the address used for the payment and the approximate date and time of purchase. I find the order on the payment system side; you do not have to prove anything more.

9. Access without a password

Access works without a password. You enter the e-mail address used for the purchase and receive a six-digit code and a link at that address. You enter the code or click the link and you are on the platform. The code and the link are single-use and valid for the time stated in the message. The response to a request for a code is always the same, regardless of whether the address is in my database; I do not reveal who has bought from me.

Access is linked to the e-mail address used for the purchase. You may use the platform on several of your own devices. Do not share codes with other people. If you gave an address with a typo when buying, write to hello@joanasi.com from an address you have access to and give the date and time of purchase; I will check this manually on the basis of the transaction data.

10. Licence and permitted use

The ebooks, the guide, the recipes, photos, texts and the layout of the platform are protected by copyright. When access is opened, I grant you a non-exclusive, non-transferable licence for your own personal use, without territorial limitation. The licence for the files is perpetual. The licence for the platform applies for as long as I make it available (points 3 and 11).

You may: use the set for yourself and cook for people in your household, download the files and keep them on your devices, print them for yourself, and generate and download from the platform PDF files with a recipe or a shopping list for your own use.

You may not: resell, lend, sublicense or pass the files on to other people, forward them by e-mail or messaging app, place them on shared drives, in groups, on forums or on services from which third parties could download them, share your access or codes, copy the content into your own products or commercial materials, or remove or circumvent authorship marks and marks identifying the copy.

Every file issued contains an invisible mark identifying the copy. It is used to establish the source of a copy should it reach unauthorised persons. I do not claim that it prevents the file from being copied; a PDF file can by its nature be copied. I do not use DRM. The above does not restrict permitted use under copyright law. The line is simple: cooking for your household is fine, passing them the files or the account is not.

11. Updates, changes and discontinuation of the platform

Corrections to an edition. If I correct the edition you bought, the corrected version is available to you at no extra charge during the re-download period. A new download then gives you the latest version of the same edition. I do not change a previously downloaded file remotely. I inform you about updates and supply them, including security updates, for as long as I make the platform available.

Changes to the platform. I may make changes that are not necessary to maintain conformity with the contract only for valid reasons: a change in the law or an obligation arising from a decision of an authority, security requirements, a change in or discontinuation of a technical provider, the addition of a new feature or the removal of a rarely used feature, provided that this does not restrict your access to the recipes, the weekly plan, the shopping list or the files from the purchased edition. No change may involve a cost for you. I inform you of a change in a clear and comprehensible way.

If a change has a negative impact, to more than a minor extent, on your access to or use of the set, I will inform you in advance on a durable medium, stating its nature, its date and your rights. You may then terminate the contract without notice within 30 days of the change or of receiving the information, whichever is later. In that case I will refund the price in the part attributable to the unused period of access, within 14 days. The right to terminate does not apply if I enable you to keep the set unchanged and in conformity with the contract, at no additional cost.

Discontinuation of the platform. I guarantee access to the platform for at least 24 months from the purchase. If, after that period, I decide to stop making it available, I will notify you by e-mail at least 30 days in advance, and before closing it I will enable you to download the files and your data from the platform. Discontinuation of the platform after the guaranteed period does not take away the files you have downloaded.

12. Liability for conformity with the contract

I am responsible for the set being in conformity with the contract, under the Polish Consumer Rights Act (ustawa o prawach konsumenta) (Chapter 5b, Article 43h et seq.):

• I supply the ebooks and the guide once: I am liable for a lack of conformity that exists at the moment of supply and becomes apparent within two years of that moment; if it becomes apparent within one year, it is presumed to have existed at the time of supply;
• I provide access to the platform continuously: I am liable for a lack of conformity that occurs or becomes apparent during the period for which I provide access.

If the set is not in conformity with the contract, you may demand that it be brought into conformity, which I will do within a reasonable time, without significant inconvenience to you and at my cost. If that is impossible or disproportionately costly, if I do not remedy the lack of conformity, if it persists despite an attempt, or if it is serious enough to justify this immediately, you may make a statement on a reduction of the price or on withdrawal from the contract. I refund the price or part of it within 14 days of receiving the statement, using the same payment method, unless you agree to another. These rights are yours by operation of law; nothing in these terms limits them.

13. Withdrawal from the contract within 14 days

As a consumer, you have the right to withdraw from a distance contract within 14 days of its conclusion, without giving any reason. It is enough to send your statement before the period expires, for example by e-mail to hello@joanasi.com. You may use the model form in the annex, but you do not have to.

The set has two parts that the Act treats differently, so I describe them separately.

A. 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:

1. you expressly request supply of the files before the withdrawal period expires,
2. you are informed that, once they are supplied, you will lose the right of withdrawal in that respect, and you acknowledge this,
3. you receive from me a confirmation of the conclusion of the contract on a durable medium.

You lose the right of withdrawal in respect of the files only at the moment they are actually supplied, if all three conditions were met beforehand. If supply fails, you still have the right of withdrawal.

You meet the first two conditions by ticking this box at purchase: “I want the PDF files from this order right away, before the 14 days for withdrawal are up. I know that once they're delivered, I can't withdraw from the contract for those files any more” (in Polish: “Chcę dostać pliki PDF z tego zamówienia od razu, przed upływem 14 dni na odstąpienie. Wiem, że po ich dostarczeniu nie mogę już odstąpić od umowy w części dotyczącej tych plików”). The box is unticked by default, and ticking it is a condition of placing the order, because I sell the sets only for immediate supply. The statement covers all the files from the order: the ebook, the guide if it is part of the set, and, in the bundle, both ebooks. The third condition 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 and bear no costs.

B. Access to the platform (digital service). I do not exclude the right of withdrawal from this part. If you requested immediate access and withdraw within 14 days, the Act allows me to demand payment for the performance provided up to the moment of withdrawal (Article 35). I do not use this: I do not demand any payment for use of the platform during the withdrawal period.

Effects of withdrawal. If you validly withdraw from the whole contract, I will refund the entire payment received without undue delay, and in any event no later than 14 days after receiving your statement, using the same payment method. The refund is carried out technically by Stripe, because it collected the payment; this does not change the deadline or your rights. I then close access to the platform and to re-downloading the files.

If you have lost the right of withdrawal in respect of the files (part A) and withdraw only in respect of the platform (part B), I close access to the platform, and the files and the licence for them remain with you. In this situation I do not refund the price, because the price of the set or bundle is attributable in full to the files whose supply you requested and which you received; access to the platform has no separate price, so there is no part of the price to refund.

You will find the information on withdrawal in its statutory wording and the model form on the /en/returns page and in the annex below.

14. Complaints and help

Make a complaint to hello@joanasi.com or in writing to ul. Tkacka 5/5, 30-050 Kraków. Write what is wrong, when you noticed it, which e-mail address you used for the purchase and what you expect. I do not require any form or particular format; if anything is missing, I will ask.

I reply to a complaint within 14 days of receiving it, 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)). I deal with an accepted complaint within a reasonable time, without significant inconvenience to you and at my cost.

Out-of-court dispute resolution. 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 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. Participation in proceedings takes place on the terms laid down by the competent body; I do not undertake in advance to submit every dispute to an arbitration court. Independently of this, you may pursue your rights before the common courts.

15. Refund of payment and payment dispute

If I refund the whole price to you, or a payment dispute (chargeback) ends with a refund of the whole amount, the licences for the files from that order expire, and I close re-downloading of the files and access to the platform. I cannot remotely delete a file you have already downloaded and I do not try to; after the licence expires, however, further use of it is not permitted. If the dispute ends without a refund of the payment, or the refund is reversed, I restore access. If you bought the set twice by mistake, write to me: I will refund the overpayment, and access will remain active.

A refund relates to the order for which I make it. A refund of the whole price of the bundle closes access to both sets from that order; access to a set bought earlier in a separate order remains. If the refund covers the only set you have, you are no longer entitled to the lower price for a second set under point 5.

16. Personal data

The rules for processing your data, the legal bases, the recipients, the retention periods and your rights are set out in the Privacy Policy at /en/privacy.

17. Versions of these terms

I always apply to your order the version of these terms that was in force at the moment of purchase. You receive its designation and content in the confirmation of the conclusion of the contract. New versions apply only to orders placed after they come into force. Changes that may affect access to the platform you have already bought are described in point 11.

18. Final provisions

The contract is governed by Polish law. If you live in another Member State of the European Union, this choice does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence. Matters not regulated here are governed by the Polish Civil Code (Kodeks cywilny), the Polish Consumer Rights Act (ustawa o prawach konsumenta) and the Polish Act on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną).

Annex: 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.

The item “E-mail address used for the purchase” is my addition to the statutory model: I do not collect a postal address at purchase, and without the e-mail address I cannot link the withdrawal to the order. The other items come from the model.