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GENERAL TERMS AND CONDITIONS APPLICABLE IN THE SLOVAK REPUBLIC

General Terms and Conditions for the delivery of the Service
I.
General provisions
  1. For the purposes of these General Terms and Conditions (hereinafter referred to as “GTC”), the term:
    • Provider means NFI, s.r.o., Jánošíkovo nábrežie 1212/2, 031 01 Liptovský Mikuláš, ID No.: 52 640 019, registered in the Commercial Register of the District Court of Žilina, Section Sro, Insert 73182/L (hereinafter referred to as the “Supplier”). Other contact details of the Provider:
      – Correspondence address: Jánošíkovo nábrežie 1212/2, 031 01 Liptovský Mikuláš
      – Banking connection: account held at Tatra banka, a.s., IBAN: SK80 1100 0000 0029 4607 6371
      – E-mail: protocol@nfidiet.sk
      – Phone number: 0919 201 133
    • The Beneficiary is a natural or legal person who uses the services supplied by the Provider on the basis of the contractual relationship and these GTC (hereinafter referred to as the “User”).
    • Website means the website www.nfiprotokol.sk or any other website(s) which is redirected to the content of www.nfiprotokol.sk with the Supplier’s knowledge and of which the Supplier is the operator.
    • Services are any services provided by the Provider that are listed on the Website.
    • Subscriber means a natural or legal person who orders the Services by electronic communication with the Supplier (e.g. by email or via the Website), in person at the Supplier, by telephone, or by other demonstrable means, solely for the purpose of doing business.
    • The subject matter of the Services Agreement is the provision of any Services (hereinafter referred to as the “Services Agreement”) that are listed on the Website.
    • The Contract is concluded between the Supplier and the User in accordance with Article III. paragraph 4. of these GTC by electronic means remotely or in person at the premises of the Provider.
    • The supervisory authority is the SOI Inspectorate for the Žilina Region, Supervision Department, located at Predmestská 1359/71, 010 01 Žilina.
    • In the case of Users of the www.nfiprotokol.sk portal, the GTC and the Contract for the provision of Services shall be concluded in the Slovak language. For Users of the www.nfidiet.com and www.nfidiet.co.uk portals, the GTC and the Services Agreement are concluded in English.
    • The provisions of the GTC are an integral part of the Service Contract. Different arrangements in the Service Contract shall prevail over the provisions of these GTC.
  2. These GTC govern the rights and obligations of the Supplier and the User in the provision of services ordered through electronic communication with the Supplier (e.g. by email or via the Website), in person at the Supplier, by telephone, or by other demonstrable means and are an integral part of the Service Contract, unless otherwise specified in these GTC or individually agreed with the Customer.
II.
Information on the services supplied

The service provided by the Supplier is the development of an individual meal plan (hereinafter referred to as the “NFI Protocol”) for a specific period of time. The NFI protocol is a specially developed dietary protocol that uses the chemical interaction of individual food components to target the breakdown of lipids from the body. The NFI protocol consists mainly of legumes, nuts, seeds, fruits and vegetables. It does not contain any foods of animal origin. The food combinations are designed to break down lipids from the targeted areas as efficiently as possible and in the shortest period of time. For each patient, NFI chemical reactions are precisely calculated based on input data such as age, height, weight, gender, physical activity, blood lab results, prescribed antidiabetic or insulin treatment, so the result achieved is never random. As the accuracy of the calculation of chemical reactions is very important in the NFI diet, the plans must be recalculated based on the newly achieved weight every two weeks at the latest (even 5-6 kg weight loss can occur within two weeks) and also based on the change in the patient’s health status (drop in blood pressure and glycaemia). The NFI protocol is always fully nutritionally balanced for the individual, i.e. there is no need to take any supporting vitamins or minerals while following it.

III.
Ordering the Services and concluding the Service Contract
  1. By filling in the contact form on the Website, the Customer and the Supplier are not bound by anything.
  2. The contract for the provision of the Service between the Customer and the Supplier is concluded by the Customer’s acceptance of these GTC, provided that the Customer pays the full price for the Service according to the payment information sent by the Supplier in accordance with Article III, paragraph 4. of these GTC. Consent to the GTC may be given by the Customer by ticking the consent box when completing the Registration Form, or by electronic (e-mail), telephone or personal communication between the Customer and the Supplier. The latest moment of consent to these GTC shall be the payment of the payment by the Customer according to the payment information sent by the Supplier in accordance with Article III. paragraph 4. of these GTC, unless an earlier moment of consent is proven.
  3. The Supplier undertakes to provide the Service in accordance with the delivery terms set out in these GTC (Article V.) upon receipt of the price for the Service.
  4. The basis for payment of the price for the Service is the price for the bi-weekly NFI protocol listed at www.nfiprotokol.sk in the “Price List” section. This price is also listed in the User’s NFI Account in the “Buy NFI Protocol” section. A different price can only be negotiated in specific cases (e.g. Type 1 Diabetic) based on email communication with the Supplier.
  5. If the Customer discovers a discrepancy between what he/she ordered and what he/she wanted to order, he/she is obliged to immediately inform the Supplier of this fact by e-mail message sent to protocol@nfidiet.sk.
  6. In case of doubt as to the moment of conclusion of the Service Contract, the latest moment of conclusion of the Contract shall always be deemed to be the crediting of the price for the Service to the Supplier’s account in accordance with the payment information provided to the Customer by the Supplier. In the case of payment by Slovak Post, this shall be the delivery of the information letter by Slovak Post to the Supplier.
IV.
Payment terms
  1. The prices for the Services are set out on the Website. The Supplier is not subject to VAT.
  2. When ordering via the Website, the price of the Service is paid in advance based on the price and payment details specified in the “Price List” section and also in the User’s NFI Account in the “Buy NFI Protocol” section. In the case of an Internet Order, it is not necessary to indicate the Variable Symbol / Invoice Number (“VS”). The name of the payer or the name indicated in the “Message to the Recipient” if different from the name of the payer shall be used to identify the User. Upon receipt of payment (bank transfer from a bank other than the Supplier’s bank may take 2-3 days), the Supplier shall send the Customer a tax document (invoice) accounting for the Customer’s payment.
  3. When collecting the Service in person at the Supplier’s premises, the User is issued and printed an invoice directly at the surgery. The due date is 4 days and the User shall indicate the invoice number as VS during payment.
  4. As the Supplier is not a VAT payer the price is always quoted without value added tax.
  5. In the event that the User pays a price for the Service that is obviously incorrect (lower than the price shown on the Website), the Supplier shall not be obliged to provide the Service at the incorrect price. If the Customer does not agree with the correct price, the Customer may withdraw from the Service Contract.
  6. The Supplier reserves the right to unilaterally adjust the prices of the Services published on the Website, provided that the new prices of the Services are valid on the date of their publication on the Website. Such price adjustment shall not apply to Services ordered prior to the change.
V.
Delivery terms
  1. Unless otherwise agreed between the parties, delivery of the Service shall be made electronically to the Customer’s email address provided to the Supplier prior to the provision of the Service during the completion of the Registration Form. The Customer’s email address must be capable of receiving files in “.doc”, “.xlsx” and “.pdf” format. The Supplier shall not be liable for damages caused by the non-functionality of the Customer’s e-mail address or its low capacity of receiving data.
  2. The NFI protocol is sent to the User’s email address in pdf format. Typical delivery time is no later than the next business day after receipt of payment or email order.
  3. The delivery period shall commence from the date of delivery of complete and duly signed documentation to the Supplier. This period is an estimated period because unexpected legal or factual events may occur in connection with the Service which are beyond the Supplier’s prior control. Therefore, these time limits are not binding on the Supplier and the Supplier cannot be held liable for any extension of the time limit for delivery of the Service.
  4. The Customer is entitled at any time after the conclusion of the Contract for the provision of the Service to keep himself informed about the ongoing progress in the provision of the Service by sending an e-mail message, by telephone or in person.
VI.
Granting of consent

By completing the registration form, the Recipient agrees to the Terms and Conditions. By checking the box “I agree to the terms and conditions”, the Recipient also agrees to the Principles of processing and protection of his/her personal data that he/she has provided to the Provider.

Worldwide Terms and Conditions
(NFI Diet Worldwide Terms and Conditions)

The page herein (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“the Products, plans, items”) listed on our website to you. Please read fully and carefully these terms and conditions before placing any order of any of our products from our website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. We advise you that you should print a copy of these terms and conditions for future reference. To accept these conditions please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products, plans or items from our web-site.

1. INFORMATION ABOUT US

We operate the websites: www.nfiprotokol.sk, www.nfidiet.com, www.nfidiet.co.uk, www.nfidiet.cz

Copyright registration number: 284726104 Account number: 148535

2. YOUR STATUS

Upon placing an order through our website, you warrant and agree that: (1) you are legally capable of entering into binding contracts; and
(2) you are at least 18 years old and not over 80

(3) You are aware of the program you are eligible for; (4) you are buying the product(s) for yourself; (5) you acknowledge that you should seek medical advice before starting any weight loss program; (6) you are aware that you should not use the Product(s), plan(s) or item(s) if you are over the age of 80, underweight, breastfeeding, bariatric surgery, pregnant, or have any other medical condition which affects your dietary requirement which also include behaviour disorders or eating dis-orders (such as bulimia and anorexia).

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 All contracts are completely exclusively on line via one of the websites as referred to in paragraph “1. INFORMATION ABOUT US”, unless otherwise stated in written form and agreed by both parties.

4. AFTER PLACING AN ORDER

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the Product(s) that you have ordered (“the Confirmation Email”). The con-tract between us (“the Contract”) will only be formed when we send you the Confirmation Email.

4.2 The Contract will relate only to those Products we have confirmed in the Confirmation email. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Confirmation Email. 4.3 We will send to you a further email when the Products have been dis-patched to you along with details to enable you to track your order (“the Dispatch Email”).

5. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Confirmation Email or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation Email, unless there are exceptional circumstances.

We aim to give you next working day delivery (if the option next day delivery is chosen from the drop down menu at the checkout) if you live in Mainland UK ( or 2 working days delivery for; Islands, Highlands & NI) and place your order before 12pm on a working day Monday to Thursday. Orders placed on a Friday will not be delivered until Monday. However we are not responsible for any delivery problems / delays / weather conditions that the courier may encounter which result in a delay in delivery. There-fore we are not always able to guarantee next working day delivery, but we will delivery your parcel to you within a reasonable period of time.

6. RISK AND TITLE

6.1 The Products will be at your risk from the time of delivery.

6.2 Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges where applicable.

7. PRICE AND PAYMENT

7.1 The price of the Products and our delivery charges will be as quoted on our website from time to time, except in cases of obvious error.

7.2 Product prices include VAT. 7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email. 7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when confirming the order of the Products to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error. 7.6 Payment for all Products must be via PayPal or by direct bank transfer. We will not dispatch your order until payment has been received in full.

8. OUR REFUNDS POLICY

8.1 We are governed by The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”). The statutory rights of cancellation under the Regulations do not apply to certain products such as food and personalised items. As the Products we are selling are perishable food items, the Regulations relating to the return of unwanted goods do not apply.

8.2 We are committed to selling only high quality products but we also know that, for one reason or another, there may be a time when you need to exchange or return something you’ve ordered from us. We will refund any unused Product returned within 5 days of the date on the receipt of your order, provided you can show us your dispatch note and/or receipt and the Product is in a reasonable, re-saleable condition, with it’s original packaging. We will examine the returned Products and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, with-in 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of the Products in full. 8.3 If you return a Product to us for any other reason (for instance, be-cause have notified us in accordance with clause 17 that you do not agree to a change in these terms and conditions or in any of our policies, or be-cause you consider that the Product is defective), we will examine the re-turned Products and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Products in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. 8.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Please note refunds will be made to the original account only and will be subject to deduction of any transaction or banking charges that were incurred from any transaction.

9. WARRANTS

We warrant to you that any Products purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

10. OUR LIABILITY

10.1 Subject to clause 10.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products. Nothing in this agreement excludes or limits our liability for:

10.2 (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; (d) defective products under the Consumer Protection Act 1987; or (e) any other matter for which it would be illegal for us to exclude or at-tempt to exclude our liability.

11. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. NOTICES

All notices given by you to us must be given to NFI Diet at either of the two addresses info@nfidiet.co.uk, info@nfidiet.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

13. TRANSFER OF RIGHTS AND OBLIGATIONS

13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“the Force Majeure Event”).

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist at-tack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications net-works; and (f) the acts, decrees, legislation, regulations or restrictions of any government. 14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

15.2 A waiver by us of any default will not constitute a waiver of any sub-sequent default. 15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

16. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

18. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Scotland, England and Wales.