From €23.80/month Start
Lose up to 6.5lb per week
Between:
Diet Expert Limited (“Diet Expert”)
And
You (“you” or the “Customer”)
Please read carefully
1 - Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
2 - Diet Expert
Diet Expert Limited is a limited company registered in Ireland with the Company Registrations Office with registration number 537481. Diet Expert’s registered office address is Camden Business Centre, 12 Camden Row, Dublin 8, Ireland.
Diet Expert's VAT number is 3230341PH.
You can contact Diet Expert by email to [email protected] or by phone on +353 (0) 1 479 0567 or +44 (0) 203-755-5336 or at the above address.
3 - Health Prerequisites
Any information on this website is not offered as medical advice and should not be considered medical advice. Any information is followed at your own risk. Always seek medical advice from a qualified health professional in relation to any medical condition, treatment or dietary requirements.
The products on this website are not to be purchased to cure any disease or ailment. Results are not guaranteed for any weight management products or programmes. It is important that you read and understand the label / packaging of any product that you purchase from Diet Expert before consumption. The onus is on you the Customer to ensure that you are satisfied to consume the purchased product.
You are required to completely review our medical checklist prior to starting any total food replacement diet programme. You should confirm “Yes” to statements A – E and confirm “No” for every part of question F in order to proceed to purchase the programmes/ products on this website.
Diet checklist:
A. The Customer is aged between 18 and 65.
Reason: Very low calorie diets are not suitable for infants, children or adolescents as they interfere with normal growth and development. They are not suitable for the elderly as they are more susceptible to adverse effects that are associated with rapid weight loss.
B. The Customer has been recently accessed by a medical doctor and has not been given any advice specific or general in nature that would preclude you from commencing these dietary programmes or from consuming these products.
Reason: A medical assessment is essential before embarking on any total food replacement plan, to ensure that this diet programme is suitable for you.
C. The Customer has a BMI (Body Mass Index) greater than 20.
Reason: Very low calorie diets lead to dramatic weight loss rapidly. Notwithstanding your use of our Assessment Tool, you are required to consult a qualified health professional to ensure that you have a BMI of over 20.
D. The Customer is not pregnant.
And
E. The Customer is not breastfeeding.
Reason: These diets are NOT suitable for women if they are pregnant or breastfeeding. The weight loss associated with these diets would adversely affect breastfeeding.
Drastic weight loss may harm the development of the baby in the uterus.
F. Please carefully read through the following conditions. If you have ANY of these conditions, a very low calorie diet, as you would get from our products, is NOT suitable for you.
Absolute contraindications:
- Children and adolescents
- Pregnant or nursing women
- Behavioural disorders, particularly eating disorders, alcoholism, drug addiction
- Porphyrias
- Cerebral arteriopathy
- Liver and kidney diseases
- Insulin-dependent diabetes (Type 1 diabetes)
- Noninsulin-dependent diabetes (Type 2 diabetes) treated with oral antidiabetic agents
- Blood disorders, cancer
- Electrolyte disorders
- Orthostatic hypotension
- Cardiovascular or cerebrovascular diseases (cardiac rhythm disorders, recent heart attack, unstable angina, decompensated heart failure, recent stroke)
- Inherited metabolic disorders
- Crohn's disease
Relative contraindications:
- Gout
- Lithiasis
- Severe ischemic heart disease
Information in this website is not delivered as medical advice and should never be taken as medical advice. You use it at your own risk. Always seek medical advice from a health care professional regarding any medical condition, treatment or nutritional need.
Fluid recommendations:
While on the weigh and slim plan, it is important that you drink plenty of water. Our bodies require enough water daily to work efficiently. We recommend that you take regular sips of water (between 2.5 and 4 litres) daily to ensure an adequate fluid intake and keep your body hydrated.
4 - License to use website
Unless otherwise stated, Diet Expert and/or its licensors own the intellectual property rights in this website and the material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not, without the prior written approval of Diet Expert Limited:
Cookies
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Diet Expert’s use of cookies in accordance with the terms of Diet Expert’s Privacy Policy / cookies policy.
5 - Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Diet Expert’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Diet Expert’s express written consent.
6 - Restricted access
Access to certain areas of this website is restricted. Diet Expert reserves the right to restrict access to areas of this website, or indeed this entire website, at Diet Expert’s discretion.
If Diet Expert provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Diet Expert may disable your user ID and password in Diet Expert sole discretion without notice or explanation.
7 - User content
In these terms and conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Diet Expert a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Diet Expert the right to sub-license these rights, and the right to bring an action for infringement of these rights. For the avoidance of doubt, Diet Expert is granted a right to use your user content for marketing purposes and activities.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Diet Expert or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Diet Expert reserves the right to edit or remove any material submitted to this website, or stored on Diet Expert servers, or hosted or published upon this website.
Notwithstanding Diet Expert rights under these terms and conditions in relation to user content, Diet Expert does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
8 - No website warranties
This website is provided “as is” without any representations or warranties, express or implied. Diet Expert makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Diet Expert does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
9 - Accuracy of Content
Diet Expert has taken all reasonable care to ensure the content of this website is correct. All products have been fairly described. All prices stated for products and services are inclusive of VAT and are correct at time of publishing. All prices for products and services are exclusive of delivery costs (delivery costs are dealt with at Clause 23 below). We accept no responsibility for any inaccuracies regarding pricing and reserve the right to alter prices without notification and to refund any orders which cannot be honoured or fulfilled. In the event that there does happen to be a pricing error, the correct price will be set out in the Dispatch Confirmation.
We will take all reasonable care to ensure that the product images and descriptions are as accurate as possible however, due to the photographic process and the calibration and settings of individual computer screens, we cannot guarantee an exact match to the product as displayed on your screen.
10 - Limitations of liability
Diet Expert will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website, or the use or the inability to use the products and/or the services in compliance with these terms and conditions, or any misuse of the products and/ or services in a manner not in accordance with their intended use:
These limitations of liability apply even if Diet Expert has been expressly advised of the possibility of such damages and/ or potential loss.
11 - Exceptions
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these terms and conditions will exclude or limit Diet Expert’s liability in respect of any:
12 - Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable. If you do not think they are reasonable, you must not use this website.
13 - Other parties
You accept that, as a limited liability entity, Diet Expert has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Diet Expert’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect Diet Expert as well as Diet Expert’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
14 - Indemnity
You hereby indemnify Diet Expert and undertake to keep Diet Expert indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Diet Expert to a third party in settlement of a claim or dispute on the advice of Diet Expert’s legal advisers) incurred or suffered by Diet Expert arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
15 - Breaches of these terms and conditions
Without prejudice to Diet Expert’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Diet Expert may take such action as Diet Expert deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
16 - Variation
Diet Expert may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
17 - Assignment
Diet Expert may transfer, sub-contract or otherwise deal with Diet Expert’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
18 - Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19 - Entire agreement
These terms and conditions, together with Privacy Policy, constitute the entire agreement between you and Diet Expert in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
20 - Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Ireland, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ireland.
21 - How to Order
There are several ways to order products from the Diet Expert website; by using the diagnostic tool or directly from the online store.
This agreement will be concluded in the English language.
The assessment tool:
If you go through the assessment tool here are the steps you should follow:
- Provide an answer to all the questions asked in the assessment tool, choose the programme that is suitable for you and click “Start”
- Read the assessment and at the bottom of the page, confirm the programme duration and click “Continue”
- Select the amount of products that are needed for the length of the programme that you have selected and click “Continue”
- Complementary products may be offered in the next page, you can choose some or ignore and click “Continue”
- Verify the summary of the programme, log in or create your account before clicking on “Proceed to checkout”
- Enter your billing address, select your shipping method and your payment method. Review your order and add comments in the comment box if required. Go through the “Health prerequisites checklist” in the Terms and Conditions and tick the box to confirm that you have fully read and agree with these Terms and conditions before clicking “Place order now”
- Proceed with the payment
- Wait for the confirmation that the payment has gone through
- If you have paid by Credit, debit card, paypal and the payment is confirmed instantly, you will receive a confirmation e-mail with your order summary.
The Online store
If you decide to order products through our Online store here are the steps to follow:
- Select your product(s) by browsing through the categories. Select the quantity desired and click “add to cart”. The website will notify you that the product has been added.
- To pay for your order click on “View cart and Checkout” after adding a product or go to “My cart”
- Review your items, log in or create your account and click “Proceed to checkout”
- Enter your billing address, select your shipping method and your payment method. Review your order and add comments in the comment box if required. Go through the “Health prerequisites checklist” in the Terms and Conditions and tick the box to confirm that you have fully read and agree with these Terms and conditions before clicking “Place order now”
- Proceed with the payment
- Wait for the confirmation that the payment has gone through
- If you have paid by Credit, debit card, paypal and the payment is confirmed instantly, you will receive a confirmation e-mail with your order summary.
We accept payments via Paypal and all major credit and debit cards through the services of a payment agent. Our payment agent is certified as PCI DSS Compliant (Payment Card Industry Data Security Standard) level 1.
An order is confirmed when the payment is received. If you select a delayed payment method, your order will be complete when Diet Expert is notified that the payment has been received.
A copy of the completed order and agreement between the parties will be stored by the Company and a copy will be available to the Customer on request by sending an email to [email protected], subject to confirmation of the Customer/requestor’s identification.
22 – Availability
We will endeavour to hold sufficient stock to meet all orders. However, we will contact you as soon as possible if products you have ordered are not available and give you an expected delivery time or you may be given the choice to replace the unavailable product with an equivalent product.
23 – Deliveries
All prices stated for products and services are exclusive of delivery costs. Delivery costs are displayed before the conclusion of the purchase order. The price of the shipping will be displayed when the Customer has checked out their shopping basket and they have filled in their billing / shipping information but before entering payment details.
Deliveries within the European Union will be carried out by Chronopost International. The following are the estimated delivery times per country:*
Country |
Country Code |
Estimated number of working days for delivery |
GERMANY |
DE |
2 |
AUSTRIA |
AT |
3 |
BELGIUM |
BE |
2 |
BULGARIA |
BG |
4 |
CROATIA |
HR |
4 |
DENMARK |
DK |
3 |
SPAIN |
ES |
2 |
ESTONIA |
EE |
4 |
FINLAND |
FI |
4 |
GREAT BRITAIN |
GB |
2 |
GREECE |
GR |
6 |
HUNGARY |
HU |
3 |
IRELAND |
IE |
3 |
ITALY |
IT |
2 |
LATVIA |
LV |
4 |
LIECHTENSTEIN |
LI |
2 |
LITHUANIA |
LT |
4 |
LUXEMBOURG |
LU |
2 |
NETHERLANDS |
NL |
2 |
POLAND |
PL |
3 |
PORTUGAL |
PT |
2 |
ROMANIA |
RO |
4 |
SLOVAKIA |
SK |
3 |
SLOVENIA |
SI |
3 |
SWEDEN |
SE |
3 |
SWITZERLAND |
CH |
2 |
CZECH |
(RÉP.) |
3 |
(*) The delivery times stated are to be taken into account from the order dispatch date which should be on the same day if orders are completed before 12 noon or the following working day if otherwise. No orders are shipped on weekends and bank holidays. There are no deliveries on Saturdays and Sundays. The stated delivery time does not take into account force majeure situation that could prevent an on-time delivery from taking place, nor delivery issues caused by the buyer (incorrect or incomplete) address. Once the parcel is shipped Diet Expert provides the customer with a tracking number, the status of which can be inspected on the Chronopost website (www.chronopost.fr). Notwithstanding our commitment to on-time delivery the Company will have no responsibility for any late delivery.
24 - Right to Cancel Your Diet Programme and this Agreement
Pursuant to the terms of the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001 (“the Regulations”) a fourteen (14) day “cooling off period” for consumers commences on the day that they receive the product.
If you wish to exercise your right to cancel this agreement and your programme pursuant to these provisions you must notify Diet Expert in writing of your cancellation of the agreement and also return within the cooling off period, all products received to the return address provided by the Diet Expert consultant. The products must be in adequate condition and unopened. While you are in control of our products you must take good care of our products. The direct costs of returning the products must be borne by you.
We will refund the original purchase price of the returned products (excluding delivery charge) within thirty (30) days after we receive the products by way of refund to you through, in so far as practicable, the manner by which you originally made the purchase payment (ie. to your credit card or to your bank/ paypal account). Please email [email protected] prior to returning any products giving a reason for the return.
Please also specify the reason for the cancellation or return at the back of the original invoice and send it together with the products. Cancellation packages devoid of details identifying the sender will not be processed. Please note that products damaged or opened by you will not be refunded.
Please see below in relation to Returns, Exchanges and Refunds.
25 - Returns, Exchanges and Refunds
Products:
Returns
Aside from any cancellation during the cooling off period, any returns for a refund must be prior approved by Diet Expert. Without this approval, the package will by refused by Diet Expert and sent back to you at your own cost. As regards returned boxes, only unopened boxes will be exchanged. Please note that products damaged or opened by you will not be refunded.
Medical circumstances
In the event that specific medical circumstances arise whereby the consumption of the products becomes medically inadvisable, Diet Expert will refund unused products only if a medical certificate is provided within thirty (30) days from the date of purchase. Products should also be sent back within thirty (30) days and shipped at your own cost.
We will refund the original purchase price of the returned products (excluding delivery charge) within thirty (30) days after we receive the products by way of refund to you, in so far as practicable, through the manner by which you originally made the purchase payment (ie. to your credit card or to your bank/ paypal account). Please email [email protected] prior to returning any products giving a reason for the return. Please note that products damaged or opened by you will not be refunded.
Exchanges
If you wish to exchange unused, unopened and in-date products, this can be done within thirty (30) days after delivery. You should send back the unwanted items and the original invoice together with a letter listing the products returned and the products expected in exchange. The cost of the shipping the replacement products to you is to be paid by credit / debit card or by wire transfer. The Diet Expert consultant will contact you in order proceed with the payment for the shipping costs. The new products will be shipped on the following working day.
Exchanges will be refused if they are requested after the 30 day period. As regards returned boxes, only unopened boxes will be exchanged. The manner of return of products for exchange must comply with certain return shipping prerequisites (as outlined below)
Service provisions:
Diet Expert does not refund any service provisions.
Unclaimed Returned packages
Unclaimed packages returned to Diet Expert are sent back to the post office within fifteen (15) days. Diet Expert will send you an e-mail to notify you about the package return. The shipping cost is at your own cost and is less than or equal to the exact amount paid by Diet Expert.
26 – Limitation of Warranties
Diet Expert does not offer any warranty over and above the Customers statutory consumer rights.
It is your responsibility to check the content of the product package as soon as it is delivered. Any reservation or claims regarding the number, description or the condition of the products when received by you must be communicated to Diet Expert customer services. You have three (3) days once your package is received by you to address your claims by contacting Diet Expert.
Diet Expert shall not be responsible in any way whatsoever for any flaws or deteriorations in products caused by external events, accidents, sabotages, or any force majeure event, or if the products have been improperly stored or damaged by you.
Booster and Gourmet Programmes Goal Achievement
As part of its "diet trust" offer, Diet Expert offers a “Goal Achievement Promise” at the end of the Booster or Gourmet programme.
Diet Expert reserves the right, in its sole discretion to vary the terms or to terminate and cancel the Goal Achievement Promise at any time and without notice to you.
Results
Warning: The results of following the Programmes vary from one individual to another depending on their profile (gender, age, state of health, lifestyle, number of diets followed, physical activity practice, etc.) and they cannot be guaranteed.
27 - Loyalty Points
Any Loyalty Points awarded in respect of any Loyalty Points scheme provided by the Company are provided subject to the following terms:
Loyalty Points must be used within 6 months of the last order. The period runs from the date of the last invoice. After the six months, your points are cancelled.
Loyalty points cannot be used to purchase gift vouchers.
Loyalty Points are not transferrable or redeemable for cash.
Loyalty Points are not transferable between Customers.
Loyalty Points from different Customer accounts cannot be used or redeemed at the same time or on the same purchase.
If a Customer returns purchases in circumstances where he/she tendered for the products using Loyalty Points, the points will be re-allocated back to the Customer’s loyalty points account balance.
Diet Expert can organize commercial or promotional offers that result in gaining Loyalty Points.
Diet Expert will not be liable for any unauthorised use or spend of a Customers loyalty points in any circumstances, including loss or theft.
By participating in the Loyalty Points scheme, the Customer consents to Diet Expert retaining his or her information, including details of purchase, and using that information to inform the Customer of offers and services that may be of interest. A Customer can close their account at any time by notifying Diet Expert in writing. If an account is closed for any reason, all rights to spend the Loyalty Points on that account are lost.
Diet Expert reserves the right, in its sole discretion and at any time, to cancel, amend the terms, or restrict the Loyalty Points scheme. Where the Loyalty Points scheme is cancelled you have no ability to claim any unused Loyalty Points.
28 - Organisation of appointments with the independent Dietitian
As part of your Booster or Gourmet programmes an appointment for a consultation with an independent dietitian (an “Appointment”) will be made for you. Appointments with the independent dietitian (the “Dietitian”) are for telephone or Skype consultations with the Dietitian and are scheduled by mutual agreement between you and Diet Expert.
Appointments are scheduled in advance. In case of non-attendance, you must inform Diet Expert at least 48 hours in advance.
An appointment can be rescheduled on a once-off basis only up to 48 hours in advance with the prior agreement of Diet Expert.
If after two attempts Diet Expert is unsuccessful at contacting you in order to schedule an Appointment, Diet Expert shall not be obliged to make any further Appointment arrangements for you. You must contact Diet Expert at your own initiative within 7 days to arrange the next Appointment for yourself. If no Appointment has been made by you within this period, Diet Expert reserves the right to stop the dietary programme support and the availability of consultations with the Dietitian for you.
If two consecutive pre-arranged Appointments cannot be completed due to your unavailability, Diet Expert reserves the right to stop the dietary programme support and the availability of consultations with the Dietitian for you.
29 - Personal Data
Without prejudice to Diet Expert’s rights under Clause 7 regarding user content submitted by you, Diet Expert conforms to the laws on the protection of privacy. Accordance with the law relating to computers, files and liberties, you have the right to access, modify, rectify and delete data concerning you. To exercise this right, contact Diet Expert.
30 - Liabilities
Weight loss objective
Dietary programmes offered by Diet Expert constitute on the one hand, a support that will help you achieve the goals and on the second hand, they are based on experience and statistics that demonstrate the product’s and programme’s effectiveness. Diet Expert may provide such data on request. However, the goals of weight loss are average objectives and are produced by Diet Expert on an indicative basis exclusively.
The achievement of these objectives depends on careful monitoring by you of your own diet programmes and also of your general health which may influence weight loss. Weight loss also depends on other factors such as a balanced lifestyle, exercise and healthy eating. In this respect, Diet Expert draws your attention to the fact that dietary supplements proposed by Diet Expert cannot replace a balanced diet. As a result of the foregoing, Diet Expert cannot be held to an obligation of result in achieving the weight loss objectives. You agree that neither Diet Expert nor any person related to the Diet Expert website, can be held responsible in case the results achieved do not comply with set targets.
Prior to embarking on your weight loss programme, as with any diet or exercise regime you are advised to consult your qualified medical professional beforehand and get confirmation of your general health. If in doubt before starting or during your weight loss programme, speak to our consultant or your medical doctor immediately.
Following a programme
Diet Expert cannot be held liable for damages of any kind that may result from use of products sold which are not conform to what recommended by Diet Expert as part of its diet programmes.
Internet User communications
Diet Expert cannot be held responsible for the lack of achievement of the objective of a nutrition programme based on false information provided by you since such false information may make the programme unsuitable.
31 - Contract duration
This contract is for a fixed term, being the duration of the particular diet programme as specified
If for any reason you decide to discontinue its diet programme, Diet Expert undertakes to refund the unopened products (excluding shipping), provided the products are returned and in compliance with the conditions laid down in Clause 25.
32 - Direct Marketing
You will be given the option to subscribe to our mailing list where we may contact you for marketing purposes. We will never pass your details on to any external third party, unless we have specific permission from you, or we are compelled by law to do so. This is without prejudice to Diet Expert’s rights under Clause 7 regarding user content submitted by you.
* The weight loss achieved varies from one individual to another and hence can not be guaranteed, it also relies on careful monitoring of the programme and stabilisation phase.
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