General Terms and Conditions
1 Basic provisions
These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the relationships arising from the provision of services in the areas of consulting for PAS/GAPS therapy, the D.A.N. protocol (currently M.A.P.S.) nutritional counseling, coaching, as well as lecturing and consulting activities provided by Gabriela Miková (hereinafter referred to as the “Consulting Services”).
2 Identification of the contracting parties
The provider of consulting and lecturing services is Gabriela Miková -Company ID No. 68199350 with registered office at Spartakovců 6014/3, 708 00 Ostrava and business premises at Spartakovců 6014/3, 708 00 Ostrava (hereinafter referred to as the “Provider”).
The client is any legal entity or natural person who places an order for the provider’s consulting or lecturing services electronically via the website www.elaconsulting.cz by completing a form, by email, or by telephone (hereinafter referred to as the “Client”).
For the purposes of these terms and conditions, the term “Services” shall mean consulting in the field of nutritional therapy and dietetics, as well as lecturing and coaching activities offered by the Provider.
These terms and conditions shall apply unless otherwise expressly agreed between the client and the provider.
3 Contractual Relationship
A contractual relationship between the cient and the provider arises upon the submission of an electronic order for services (hereinafter referred to as the “Order”) by the client and its acceptance by the provider. The contractual relationship means that the Provider is obliged to deliver the ordered services to the client, and the client is obliged to pay the agreed price for those services.
The provider is not obliged to accept the client’s order if:
the client has previously failed to fulfill obligations related to the provision of services,
based on the client’s information or behavior, the provider has reasonable doubts as to whether the client understands the subject matter of the services,
or the provider has doubts about the client’s genuine interest in using the services.
If the client is a minor the provider is entitled to request written consent from the client’s legal guardian for the provision of the services.
The client acknowledges that nutritional consulting services do not constitute healthcare services within the meaning of Act No. 372/2011, on healthcare services as amended, nor specific healthcare services within the meaning of Act No. 373/2011, on specific healthcare services, as amended. If the client’s health condition requires a special dietary regime, the client is obliged to consult their attending physician regarding the use of the services and must inform the provider accordingly.
4 Provision of services
Gabriela Miková (hereinafter referred to as the “Consultant”) is obliged to provide the client with professional services to the best of her abilities and knowledge.
The client undertakes to cooperate with the consultant in a serious and fair manner, particularly by providing truthful information regarding their health condition, limitations, diet and any changes occurring as a result of the consulting process. Failure to do so may prevent the services from delivering the expected outcomes.
Although the consultant provides services in accordance with her education and current scientific knowledge it cannot be guaranteed that the exact desired results will be achieved. The outcome depends on a range of factors that are and cannot be fully under the consultant’s control (for example, environmental influences, client’s health condition, and the client’s willingness and determination to follow all recommendations provided by the consultant). Nevertheless, proper adherence to the consultant’s guidance significantly increases the likelihood of achieving the desired results.
The client may request termination of the services at any time, provided that the client pays for services already rendered and covers any costs incurred by the consultant in connection with the executed order.
5 Service fees and payment terms
The client is obliged to pay the fee for services as listed on the website www.elaconsulting.cz Unless otherwise agreed, the client must pay the full amount prior to the commencement of the service, specifically by the due date stated on the advance invoice.
If the service is not paid for by the due date, the client thereby instructs the provider to cancel the reserved appointment, and it is understood that the client no longer wishes to use the service. In such cases the cancellation policy shall apply (see: Cancellation Policy).
Prepaid services (such as Starter packages, intensive, restart, or consultation packages) are valid for one year from the date of payment. After this period, unused services can no longer be redeemed or claimed for reimbursement.
Payments may be made by bank transfer or in cash.
The service fee covers the proper provision of consulting services as specified in the client’s completed and paid order submitted via the contact form, email, or telephone. Any goods or additional services recommended by the provider are optional; the client is under no obligation to purchase them. Such recommendations are not a condition for properly receiving the service.
Cancellation policy:
Cancellation of an ordered service, or failure to pay for it, at least 14 days prior to the scheduled appointment is subject to a cancellation fee of CZK 5,000, which serves as a non-refundable deposit. This deposit will be deducted from the total price of the service when the service is provided.
If the Client withdraws from the services or terminates them early in accordance with the law or these terms and conditions, the Client is entitled to a refund of the unused portion of the services, reduced by the cancellation fee. The cancellation fee is set at 50% (fifty percent) of the full price of the unused services under the relevant order.
Cancellations of consultations are accepted up to 24 hours before the scheduled appointment. For Monday consultations, cancellations must be received by 3:00 p.m. on the preceding Friday. Up to two cancellations of ordered services are accepted free of charge; thereafter, a cancellation fee of 75% of the price of the ordered service will be charged. Failure to cancel before a scheduled consultation will also result in a cancellation fee of 75% of the price of the ordered service.
Beyond the above, the client is not entitled to any refund of the service fee if they fail to use all or part of the ordered services (in particular no refund will be provided for periods during which the client unilaterally failed to attend scheduled consultations or meetings with the provider ceased communication with the provider or otherwise failed to comply with the agreed terms of cooperation).
If the services are terminated early by mutual agreement, in accordance with the law or these terms and conditions, the client hereby authorizes the provider to issue a corrective tax document if necessary for the proper settlement of the early termination.
Complaints and Claims
The client is entitled to raise objections, complaints or claims (hereinafter referred to as “Claims”) against the provider in connection with the provision of services.
Claims may concern the content of the services the manner in which they are provided or the conduct of the consultant.
The provider shall prepare a written complaints report together with the client, and the client shall receive a copy of this report.
The provider will resolve the claim within 30 (thirty) days from the date it is lodged, unless the provider and the client agree otherwise in writing.
The provider will conduct the necessary investigation and evaluate whether the claim is justified or unjustified. If the provider considers the claim justified the provider shall at their own expense, take the necessary corrective measures to remedy the issue and provide compensation to the client. Compensation may include, in particular, the re-provision of services originally delivered incorrectly or a discount on the services provided.
If the provider considers the claim unjustified the client shall be informed without undue delay.
Data protection and confidentiality
By submitting an order for services, the client grants the provider consent to process their personal data in connection with the provision of services. For the purposes of client records, the Provider is entitled to process the client’s first and last name,age, residential address, telephone number and email address.
For the purposes of initial diagnostics in the form of consultations,diagnostic measurements and other ordered services, the provider is entitled to process information about the client’s health condition, copies of laboratory results, copies of medical reports and physiological data provided by the client or obtained by the consultant through examination.
The client acknowledges that providing personal data is voluntary but necessary for the proper provision of services.
The provider undertakes to maintain confidentiality regarding all facts learned during the provision of services, the disclosure of which to third parties could cause harm to the client. Breach of confidentiality does not include cases where the provider uses the client’s personal data to fulfill a legal obligation (e.g., providing witness testimony) or to enforce the provider’s legal rights against the client in accordance with the law. The provider may disclose the client’s personal data, to the necessary extent, to processors, employees or legal, tax, and other advisors who are bound by a duty of confidentiality at least to the extent provided in these Terms and Conditions.
If the client discovers or suspects that the provider or a processor is handling their personal data in a manner contrary to the protection of their private and personal life or in violation of the law -particularly if the data is inaccurate with respect to its intended use-the client may:
- a) request an explanation from the provider or the processor;
- b) request that the provider or the processor remedy the situation, in particular by blocking, correcting, supplementing or deleting the personal data.
If such a request is found to be justified, the provider or processor shall promptly remedy the issue. Should the provider or processor fail to comply, the client has the right to file a complaint with the Office for Personal data protection. If the client suffers non-material harm as a result of personal data processing, claims for compensation shall be handled in accordance with a special law (§ 13 of Act No. 40/1964, the Civil Code as amended). If the Provider or processor breaches obligations imposed by law in connection with personal data processing they shall be jointly and severally liable.
By submitting an order, the client also consents to receiving informational emails related to the services (e.g., news, special offers, invitations) at the email or postal address provided to the provider, for as long as the ptovider retains the client’s personal data. The client has the right to withdraw this consent at any time by written notice to the provider or by another means permitted by law.
Copyright and Disclaimer for Digital Products
(PDF Lectures, Educational Materials)
All rights reserved. No part of these materials may be freely distributed, copied, photocopied, stored, or shared without the prior written consent of the author -Gabriela Miková. The documents contain security codes that can detect illegal distribution of these materials. Do not risk violating copyright law. Fines start at CZK 100,000 and may include up to 2 years of imprisonment.
Disclaimer - This electronic book is intended solely for educational and informational purposes. It is not to be considered medical advice or guidance. The information contained in the educational materials should not be used for the treatment, diagnosis, or prevention of any disease without approval from a qualified healthcare professional. The author, Gabriela Miková, assumes no responsibility for any harm, loss, or injury caused directly or indirectly by the information contained in these educational materials or brochures. By continuing to read these materials you agree to these terms.
Final and General Provisions
The client is obliged to submit all notices and communications to the provider in writing. Unless the communication involves a change or termination of the contractual relationship, email correspondence without a certified electronic signature is acceptable. The same applies to communications from the Provider to the Client.
If a notice or communication is sent by registered mail, it is considered delivered even if the recipient refuses to accept it, fails to collect it within 5 (five) days of its storage at the post office after an unsuccessful delivery attempt if no delivery address exists if the recipient is not present at the delivery address.
Notices and communications shall be sent as registered mail to the delivery addresses of the parties, as provided in the Service Order. Both the provider and the client are entitled to change their delivery address by providing written notice to the other party.
These Terms and Conditions constitute an integral part of the service order concluded between the client and the provider.
The rights and obligations arising from these Terms and Conditions form part of the contractual relationship between the client and the provider. The Provider reserves the right to amend these Terms and Conditions at any time by publishing the changes or a new version on the website www.elaconsulting.cz.
These Terms and Conditions come into effect on the date of issuance stated below.
Effective Date: June 20, 2025
