Terms & Conditions
Introduction
These are our general terms and conditions. They apply to any sale by NXR Twenty Five 04 Services Limited (“NXR” or “us”) to any person (“the Customer” or “you”) of any product or products. NXR is a company registered in Malta bearing registration number C-71485 and having its registered office at Tad-Dawra, Triq ta’ Marmora, Mensija, San Gwann SGN 1831, Malta. Please ensure that you read and understand these terms and conditions before you order
Contact details
NXR Twenty Five 04 Services Limited, Tad-Dawra, Triq ta’ Marmora, Mensija, San Gwann SGN 1831, Malta. Email: help@shop.foodplan.mt
Communication will be in English or Maltese only.
Health
We strongly recommend that you seek medical advice before starting any weight loss or nutritional programme. The information provided by NXR is not medical advice or a substitute for medical treatment. You should not use NXR if you are underweight, pregnant, breastfeeding, under 18 or have any medical condition which affects your dietary requirements. If you have any food allergies or intolerances, you should read the ingredients carefully to ensure that the meals are suitable for you.
Orders
By completing the website order form you are making an offer to purchase our products. We may refuse to accept an order for any reason (including if products are not available, we cannot authorise payment, there has been a pricing or product description error, or if you are not eligible to buy NXR products). Your offer is accepted by us and our contract concluded when we send email order confirmation to you. Any products which we have not confirmed in the email will not form part of the contract. On occasion (where we are out of stock or have discontinued a particular product), we may substitute a product ordered by you with a suitable alternative. Where we do so, we will confirm the substitute product either on the packing slip which accompanies your order or in your My Account page at www.foodplan.com.mt. Once we have confirmed your order, we will be under a duty to supply you with the products you have ordered. We do not accept orders from addresses outside the Republic of Malta.
Prices
All prices quoted include VAT where applicable. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the stated price, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject the order and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the product to you at the incorrect (lower) price.
Delivery
We will seek to deliver your first hamper promptly and certainly within 7 days of your order. It is agreed by you that anyone at the delivery address is entitled to accept delivery of your hamper. Risk of damage to or loss/theft of your hamper will pass to you on delivery or upon carrying out your delivery instructions. Our courier will attempt to deliver three times. We will confirm by email when your order has been despatched. Our courier company will send a separate email indicating when they expect to deliver. Delivery will take place during normal business hours on the indicated day of delivery. Our courier may give an indication of a shorter delivery window, however, this may not always be possible. Any estimated delivery time slot is indicative only and we do not guarantee delivery within that period. If all attempts to deliver fail, your hamper will be returned to us. In those circumstances, we will issue a full refund less the costs of returning the hamper to us.
Our Plans
Our plans, which are for the repeat delivery to you of hampers 3 days per week, continue indefinitely until cancelled by either you or us. Each of our plans has a different initial minimum hamper commitment (of hampers for 1, 4, 8 or 12 weeks, depending on the plan) and, save as noted below, may not be cancelled by either you or us before receipt by you of that initial minimum commitment. You may cancel your plan at any time after receipt of the initial minimum commitment by giving us not less than 2 working days prior notice (to allow us to cancel the packaging and dispatch of your next hamper). We will, of course, notify you in the event that, after delivery of the initial minimum commitment to you, we wish to cancel your plan.
If you wish to cancel your plan before receiving your initial minimum commitment, then you will be charged a cancellation fee of €50. This cancellation fee is added to the amount paid by you for hampers already received. Please note that no cancellation fee will be charged if you cancel your plan during our 14 days money-back guarantee period.
To cancel your plan you may contact us by email, Live Chat on the website or via the My Account page on the website. We will promptly acknowledge receipt of your cancellation.
Guarantee
Each of our plans is backed by our 14-day money-back guarantee. This guarantee period includes any statutory cancellation period to which you may be entitled (including under the Consumer Affairs Act, Chapter 378 of the Laws of Malta. Accordingly, if for any reason you are not satisfied, you may cancel your plan at any time from the point of order until 14 days after the date of delivery of your first hamper to you.
To cancel your plan during our 14 day money-back guarantee period, you may use our cancellation form which can be sent to you on request by email or Live Chat on the website or, if you prefer, you may notify us of your decision to cancel by email, Live Chat on the website or via the My Account page on the website. We will promptly acknowledge receipt of your cancellation.
In order to invoke the money-back guarantee, please contact our customer service team to arrange the return of meals in accordance with our returns policy.
Invoking of the 14-day cancellation/guarantee is limited to one occasion per account within a 12 month period.
Returns
When acknowledging receipt of the cancellation of your plan, we will issue you with a return authorisation number. Please ensure that you mark your return authorisation number clearly on the outside of the packaging of any hamper you wish to return, to enable us to identify it as your hamper when we receive it. If any product is unreasonably damaged or missing from the returned hamper, we may (at our discretion) charge you for such product (at the price charged for that product as part of your hamper).
If you wish to return products yourself:
Returns should be sent to NXR Twenty Five 04 Services Limited, Tad-Dawra, Triq ta’ Marmora, Mensija, San Gwann SGN 1831, Malta You will pay the cost of returning products to us by courier. We will provide you with a refund (less any applicable cancellation fee or charges for damaged or missing products) within 14 days of receipt by us of either the returned products or evidence from you that you have returned the products to us. Your refund will be made by the same means of payment as was used by you to pay for your hamper.
If you wish us to collect products from you:
Please contact us by email, Live Chat on the website or via the My Account page on the website to arrange a collection. We will provide you with a full refund (less the cost of collection of the products (typically being between €15 and €40) and any applicable cancellation fee or charges for damaged or missing products) within 14 days of you informing us of your decision to return the products. Your refund will be made by the same means of payment as was used by you to pay for your hamper.
Privacy
The personal data collected by us from you, may be utilised by us to: (i) manage the delivery of goods to you, (ii) pass information about you to our agents, advisors and employees to carry out services for us, (iii) notify you about enhancements to our services such as: functionality changes to the website, new services and special features, and offers or competitions we think you will find interesting, (iv) market our goods and services and those of any third parties and (v) contact you by mail, telephone, email, text message, or any other reasonable method.
If you wish not to be contacted in regards to the marketing of our goods and services and those of any third parties, you can contact us by using the contact information set out above.
Governing Law
These terms and conditions shall be subject and interpreted according to the Laws of Malta, and any dispute arising therefrom shall be submitted to the exclusive jurisdiction of the Courts of Malta.