General Terms and Conditions and Complaint Procedure 

I. 

Basic Provisions 

These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued by: 

NutriWorks s.r.o. 

Company ID: 56689519 

VAT ID: 2122393592 

Registered office: Laborecká 2875/17, 052 01 Spišská Nová Ves 

Registered in the Commercial Register of the District Court Košice, Section: Sro, Insert No. 61106/V 

Phone contact: +421 949 241 251 

e-mail: [email protected] 

web: www.denisadzuganova.com 

(hereinafter referred to as the “seller“) 

• These general terms and conditions (also referred to as “GTC“) govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside their business activities as a consumer, or within their business activities (hereinafter referred to as the “buyer“) through the web interface located on the website available at the internet address www.denisadzuganova.com (also referred to as the “online store“).

• The provisions of the terms and conditions are an integral part of the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of these terms and conditions.

• These GTC and the purchase contract are concluded in the Slovak language.

• Every buyer is obliged to familiarize themselves with these GTC before sending the order. By placing an order, the buyer confirms their agreement with these general terms and conditions.

II. 

Information about Goods and Prices 

• Information about goods and services, including the indication of the price of individual goods and services and their main features, is provided with individual goods and services in the online store catalog. The prices of goods and services are listed including value-added tax. The prices of goods and services remain valid for the period during which they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.

• Any discounts from the purchase price of goods and services cannot be combined unless the seller and the buyer agree otherwise.

III. 

Order and Conclusion of the Purchase Contract 

• The seller offers goods listed in the e-shop. The buyer can order the offered goods through the e-shop.

• The seller offers services listed on the website www.denisadzuganova.com. The buyer can order services via email at [email protected]

• The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer. These costs do not differ from the basic rate.

• The buyer places an order for goods electronically – by clicking on the “Add to Cart” button and then duly filling out the electronic order form, which they send to the seller. The buyer is obliged to provide truthful and complete information when ordering goods.

• When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment, and delivery.

• Immediately before sending the order, the seller informs the consumer explicitly, clearly, and comprehensibly, in a manner appropriate to the means of remote communication used, about the main features of the goods or the nature of the service, the total price including all taxes, costs, and fees for transport, the duration of the contract, if it is for a fixed term, and the minimum duration of the buyer’s obligations.

• Each offer is limited by the quantity of goods the seller has available. After confirming the order, the seller is entitled to notify the buyer that the goods are sold out; such notification is considered a withdrawal from the contract by the seller.

• The buyer is obliged to pay the seller the price stated in the e-shop for the specific goods. The price is stated including VAT and other taxes and fees, including shipping costs.

• Any promotional discounts apply only to goods expressly marked in the seller’s promotional offer, and only until the stock of such goods is exhausted.

• Before sending the order, the buyer is allowed to check and change the data they have entered into the order. The buyer sends the order to the seller by clicking on the “Order – Order with obligation to pay” button. The data provided in the order is considered correct by the seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the buyer’s confirmation that they have familiarized themselves with these terms and conditions.

• Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when ordering. This confirmation is considered the conclusion of the contract.

• All orders received by the seller are binding. The buyer can cancel the order until the notification of receipt of the order is delivered to the buyer by the seller. The buyer can cancel the order by phone at the seller’s phone number or by electronic message to the seller’s email, both listed in these terms and conditions.

• In the event of an obvious technical error on the part of the seller in stating the price of goods in the online store, or during ordering, the seller is not obliged to deliver the goods to the buyer at this completely obviously incorrect price even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer a modified offer to their email address. The modified offer is considered a new proposal for a purchase contract, and the purchase contract is in such a case concluded by confirmation of acceptance by the buyer to the seller’s email address.

IV. 

Payment Terms and Goods Delivery 

The price of services under the purchase contract can be paid by the buyer in the following ways: 

• cashless by bank transfer to the seller’s account

The price of goods and any costs associated with the delivery of goods under the purchase contract can be paid by the buyer in the following ways: 

• cashless via payment gateway

• cashless by transfer to the seller’s account via payment gateway

• cash on delivery upon receipt of the goods

Online consultations cannot be paid cashless via payment gateway, nor cashless by transfer to the seller’s account via payment gateway 

In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract. 

In the case of payment via payment gateway, the buyer proceeds according to the instructions of the relevant provider. 

The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not an advance payment. 

The seller delivers goods within the territory of the Slovak and Czech Republic. 

The goods are delivered to the buyer: 

• to the address specified by the buyer in the order

• an electronic publication in PDF and ePUB version is immediately sent to the buyer’s email address specified in the order after payment

• The choice of delivery method is made during the ordering process.

• The costs of delivering goods depending on the method of shipment and receipt of goods are stated in the buyer’s order and in the seller’s order confirmation. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

• If the seller is obliged by the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If it is necessary to deliver the goods repeatedly or in a different manner than stated in the order due to reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of goods, or the costs associated with a different method of delivery.

• Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods’ packaging and in the event of any defects, notify the carrier without delay. In case of finding a breach of packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

• The seller issues a tax document – invoice to the buyer. The tax document is sent to the buyer’s email address.

• The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking possession of the goods. The responsibility for accidental loss, damage, or destruction of the goods passes to the buyer at the moment of taking possession of the goods or at the moment when the buyer was obliged to take possession of the goods but, contrary to the purchase contract, did not do so.

V. 

Withdrawal from the Contract 

• A buyer who has concluded a purchase contract outside their business activities as a consumer has the right to withdraw from the purchase contract without giving any reason.

• The withdrawal period from the contract is 14 days from the day of taking possession of the goods.

The buyer cannot, among other things, withdraw from the purchase contract: 

• for the provision of services, if they have been fulfilled with the buyer’s prior express consent before the expiry of the withdrawal period and if the seller informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract and if the service has been fully provided

• in other cases mentioned in § 7 sec. 6 of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Business Premises, as amended.

• To meet the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period. The buyer shall send the withdrawal from the purchase contract to the seller’s email or delivery address stated in these terms and conditions. The seller shall immediately confirm receipt of the form to the buyer.

• A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.

• If the buyer withdraws from the purchase contract, the seller is not obliged to return the received financial means to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.

• The buyer must return the goods to the seller undamaged, unused, and unpolluted and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer’s claim for a refund of the purchase price.

• The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier of goods has discontinued production or import of goods. The seller shall immediately inform the buyer via the email address provided in the order and return all financial means, including delivery costs received under the contract, within 14 days of the notification of withdrawal from the purchase contract, in the same manner or as specified by the buyer.

REFUND OF SERVICE PRICE 

If the provision of Services is terminated prematurely in accordance with the law or by mutual agreement of the parties, you are entitled to a refund of the paid price for unused Services, according to the following rules:  

The price of unused Services is the positive difference between the agreed price and the sum of the initial list prices of the used Services (i.e., the price of used Services is determined based on the sum of the unit initial prices of the Services listed in the Provider’s price list valid at the time when the provision of Services was agreed; if the Services are not listed in the price list, their usual price according to legal regulations on pricing is used).  

In the event of withdrawal from the contract, the price for the initial consultation is considered to be €125, the price for the prepared meal plan is €200, the price for each control consultation is €25, and the price for monthly online support is €70. 

If Services are provided with a discount or at a more advantageous price than would correspond to the simple sum of the initial unit prices of the individual provided Services (hereinafter referred to as “Discount”) and if the contractual relationship is terminated for reasons set by law (i.e., for example, due to withdrawal due to defects in the provided Services, subsequent impossibility of performance, and others), the Discount will be proportionally considered in the value to which the Provider is entitled. 

A request for a change of appointment must be delivered to the Provider no later than 24 hours before the appointment, after which there is no right to change the appointment. 

If you do not attend the provision of services at the agreed time (and if a change of appointment was not agreed in time by the above procedure / if the termination of the provision of Services was not timely agreed upon request), this Service is considered used; this means no refund, rescheduling of the Service, or other compensation applies. 

The maximum duration of the 3-month online program is 4 months. 

VI. 

Rights from Defective Performance 

• The seller is responsible to the buyer that the goods have no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took possession of the goods:

• the goods have the properties agreed upon by the parties, and if there is no agreement, they have such properties as the seller or manufacturer described or as the buyer expected with regard to the nature of the goods and based on the advertising conducted by the seller

• the goods are suitable for the purpose for which they are intended by the seller or for which goods of this type are usually used

• the goods are in the appropriate quantity or weight

• the goods comply with the requirements of legal regulations

In case of a defect, the buyer can file a complaint with the seller and request: 

• replacement of the goods with new goods

• a reasonable discount on the purchase price

• withdrawal from the contract

The buyer has the right to withdraw from the contract, 

• if the goods have a defect that cannot be removed and which prevents the item from being used properly as an item without defects

• if the buyer cannot properly use the goods due to a larger number of defects in the goods

• The seller is obliged to accept a complaint at the registered office or place of business. The consumer can also make a complaint at a person designated by the seller. The seller is obliged to issue the buyer a written confirmation stating when the buyer exercised the right, what the content of the complaint is, and what method of complaint resolution the buyer requires, as well as a confirmation of the date and method of complaint resolution, including confirmation of repair and its duration, or a written justification for rejecting the complaint.

• If the consumer files a complaint, the seller or a designated person is obliged to inform the consumer about their rights arising from defective performance. Based on the consumer’s decision on which rights arising from defective performance they are exercising, the seller or a designated person is obliged to determine the method of handling the complaint immediately, in complex cases no later than three working days from the day the complaint is filed, in justified cases, especially if a complex technical assessment of the goods’ condition is required, no later than 30 days from the day the complaint is filed. Once the method of handling the complaint is determined, the complaint, including the removal of the defect, must be handled immediately, and in justified cases, the complaint can also be handled later. However, handling the complaint, including removing the defect, must not take longer than 30 days from the day the complaint is filed. The futile expiration of this period is considered a substantial breach of contract, and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of filing the complaint is considered the moment when the buyer’s expression of will (exercise of the right from defective performance) reaches the seller.

• The seller informs the buyer in writing about the result of the complaint no later than 30 days from the day the complaint is filed.

• The buyer is not entitled to rights from defective performance if the buyer knew about the defect before taking possession of the item, or if the buyer caused the defect themselves.

• The choice of method for handling the complaint and its resolution, if there are multiple options, belongs to the buyer.

• The rights and obligations of the parties regarding rights from defective performance are governed by § 499 to 510, § 596 to 600, and § 619 to 627 of Act No. 40/1964 Coll. of the Civil Code, as amended, and Act No. 250/2007 Coll. on Consumer Protection, as amended.

• Additional rights and obligations of the parties related to the seller’s liability for defects are governed by the seller’s complaint procedure.

VII. 

Delivery 

• The contracting parties may deliver all written correspondence to each other via electronic mail.

• The buyer delivers correspondence to the seller at the email address provided in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in the order.

VIII. 

Out-of-Court Dispute Resolution 

• The consumer has the right to contact the seller with a request for remedy if they are not satisfied with the way the seller handled their complaint or if they believe the seller violated their rights. The consumer has the right to submit a proposal for the initiation of alternative (out-of-court) dispute resolution to a subject of alternative dispute resolution if the seller has responded negatively to the request under the previous sentence or has not responded within 30 days of its sending. This does not affect the consumer’s ability to turn to the court.

• The Slovak Trade Inspection, headquartered at Prievozská 32, 827 99 Bratislava, ID: 17 331 927, is competent for out-of-court resolution of consumer disputes from the purchase contract, which can be contacted for this purpose at the address Slovak Trade Inspection, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, or electronically at [email protected] or [email protected]. Internet address: https://www.soi.sk/. The platform for online dispute resolution located at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer from the purchase contract.

• The European Consumer Centre of the Slovak Republic, headquartered at Mlynské nivy 44/a, 827 15 Bratislava, internet address: http://esc-sr.sk/ is the contact point according to Regulation of the European Parliament and Council (EU) No. 524/2013 of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Consumer Dispute Resolution Online).

IX. 

Final Provisions 

• All agreements between the seller and the buyer are governed by the legal order of the Slovak Republic. If a relationship established by the purchase contract contains an international element, the parties have agreed that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.

• The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of Act No. 250/2007 Coll. on Consumer Protection, as amended.

• All rights to the seller’s websites, especially copyrights to content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the websites or their parts without the seller’s consent.

• The seller is not responsible for errors resulting from third-party interference in the online store or from its use contrary to its intended purpose. The buyer must not use procedures when using the online store that could negatively affect its operation and must not engage in any activity that could allow them or third parties to unlawfully interfere with or unlawfully use the software or other components forming the online store and use the online store or its parts or software in a manner that would be contrary to its purpose or intended use.

• The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible.

• The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the validity period of the previous wording of the terms and conditions.

These terms and conditions take effect on January 1, 2025