Terms and Conditions

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of Foodimus
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Consumer’s Obligations During the Cooling-Off Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 – Obligations of Foodimus in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance of the Agreement and Extra Guarantee
Article 13 – Delivery and Execution
Article 14 – Long-Term Transactions
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Nature of Services and Medical Disclaimer
Article 18 – Disputes

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional Agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are supplied by Foodimus or by a third party based on an agreement between that third party and Foodimus;
Cooling-Off Period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or professional activity;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Long-Term Agreement (Duurovereenkomst): an agreement that entails the regular delivery of goods, services, and/or digital content over a specified period;
Durable Data Carrier: any means – including email – that enables the consumer or Foodimus to store information addressed to them personally in a way that allows for future consultation or use during a period tailored to the information’s purpose, and that permits the unchanged reproduction of the stored information;
Right of Withdrawal (Herroepingsrecht): the consumer’s option to waive the distance agreement within the cooling-off period;
Foodimus: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance Agreement: an agreement concluded between Foodimus and the consumer within the framework of an organised system for the remote sale of products, digital content and/or services, where up to and including the conclusion of the agreement, only one or more means of distance communication are used;
Model Withdrawal Form: the European model withdrawal form, see Article 6;
Means of Distance Communication: means that can be used to conclude an agreement without the consumer and the trader meeting simultaneously in the same room.

Article 2 – Identity of Foodimus

Foodimus B.V. H.J.E. Wenckebachweg 123, 1096 AM Amsterdam hello@foodimus.com Chamber of Commerce (KvK) number 84863129

Article 3 – Applicability

These general terms and conditions apply to every offer made by Foodimus and to every distance agreement concluded between the trader and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Foodimus will indicate how the general terms and conditions can be viewed at Foodimus before the distance agreement is concluded, and that they will be sent free of charge as quickly as possible at the consumer’s request.

If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically, in deviation from the previous paragraph and before the distance agreement is concluded, in such a way that the consumer can easily store them on a Durable Data Carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically, and that they will be sent free of charge electronically or otherwise at the consumer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favourable to them in the event of conflicting conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If Foodimus uses images, these are a true representation of the products, services, and/or digital content offered.

Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, Foodimus will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Foodimus, the consumer can dissolve the agreement.

If the agreement is concluded electronically, Foodimus will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, Foodimus will observe appropriate security measures.

Foodimus can, within legal frameworks, inform itself whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, Foodimus has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

Foodimus will send the following information to the consumer no later than upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a Durable Data Carrier:

a) the visiting address of the Foodimus establishment where the consumer can file complaints; b) the conditions under which and the manner in which the consumer can exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal; c) information about guarantees and existing after-sales service; d) the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement; e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite; f) if the consumer has a Right of Withdrawal, the Model Withdrawal Form.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

The consumer can dissolve an agreement regarding the purchase of a product during a Cooling-Off Period of at least 14 days without giving reasons. Foodimus may ask the consumer for the reason for withdrawal, but not oblige them to state their reason(s).

The Cooling-Off Period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

a) if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Foodimus may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times. b) if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part; c) in agreements for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, received the first product. d) for services and digital content not supplied on a material carrier: the day following the conclusion of the agreement.

Article 7 – Consumer’s Obligations During the Cooling-Off Period

During the Cooling-Off Period, the consumer will handle the product and the packaging with the utmost care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to in a store.

The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.

The consumer is not liable for the depreciation of the product if Foodimus has not provided them with all legally required information about the Right of Withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises their Right of Withdrawal, they must report this to Foodimus within the cooling-off period by means of the Model Withdrawal Form or by other unequivocal means.

The consumer must return the product as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, or hand it over to (an authorized representative of) Foodimus. This is not necessary if Foodimus has offered to collect the product themselves. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.

The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Foodimus.

The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product.

If the consumer exercises their Right of Withdrawal, all Additional Agreements will be dissolved by operation of law.

Article 9 – Obligations of Foodimus in Case of Withdrawal

If Foodimus makes the notification of withdrawal by the consumer possible electronically, it will immediately send a confirmation of receipt after receiving this notification.

Foodimus will reimburse all payments made by the consumer, excluding any delivery costs charged by Foodimus for the returned product, without delay, but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless Foodimus offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.

Foodimus uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

Article 10 – Exclusion of the Right of Withdrawal

Foodimus can exclude the following products and services from the Right of Withdrawal, but only if Foodimus has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which Foodimus has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by Foodimus to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after the full performance of the service, but only if: a. the performance has begun with the consumer’s explicit prior consent; and b. the consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the agreement.

Article 11 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, Foodimus can offer products or services whose prices are subject to fluctuations in the financial market and over which Foodimus has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if Foodimus has stipulated this and:

a. these are the result of statutory regulations or provisions; and b. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Performance of the Agreement and Extra Guarantee

Foodimus guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Foodimus also guarantees that the product is suitable for other than normal use.

An extra guarantee provided by Foodimus, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against Foodimus under the agreement if Foodimus has failed to fulfil its part of the agreement.

Extra guarantee is understood to mean every commitment by Foodimus, its supplier, importer, or producer that grants the consumer certain rights or claims that go beyond what they are legally obliged to do in the event they have failed to fulfil their part of the agreement.

Article 13 – Delivery and Execution

Foodimus will observe the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to Foodimus.

With due observance of what is stated about this in Article 4 of these general terms and conditions, Foodimus will execute accepted orders with due speed but no later than within 30 days, unless a different delivery term has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.

After dissolution in accordance with the previous paragraph, Foodimus will immediately repay the amount paid by the consumer.

The risk of damage and/or loss of products rests with Foodimus until the moment of delivery to the consumer or a representative designated in advance and made known to Foodimus, unless explicitly agreed otherwise.

Article 14 – Long-Term Transactions

Long-term transactions include the annual and monthly subscriptions to My Foodimus.

The monthly membership of My Foodimus begins with a free trial period of 30 days. The free trial period is intended to let new members try out My Foodimus. The monthly membership fees will be charged at the end of the free trial period, unless the membership is cancelled before the end of the free trial period.

The monthly membership will continue each month until cancelled. The consumer authorizes Foodimus to charge the monthly membership fees via the chosen payment method on the calendar day on which the paid membership started. If a monthly payment is not successfully processed due to the expiration date, insufficient balance of the payment method, or another reason, Foodimus may deny the consumer access until a valid payment has been obtained. The consumer remains responsible for the amount that Foodimus was unable to collect.

The monthly membership can be cancelled up to 15 days before the monthly billing date. After the consumer has cancelled, the consumer retains access to My Foodimus until the end of the monthly billing period. If the membership is cancelled, the account will be automatically closed at the end of the current billing period.

The costs for the annual membership are paid directly. A withdrawal period of no later than 14 days applies here. If the Right of Withdrawal is exercised and the consumer has received a physical gift with the annual subscription, this must be returned in accordance with the conditions of Articles 7 and 8. After 14 days, it is no longer possible to stop the annual subscription and receive a refund. If the Confident in your Body Guide was chosen and this gift is not desired, it is not possible to exchange this gift for the Your 50 Days of Foodimus book.

Article 15 – Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement.

Klarna executes the entire post-payment process for Foodimus. This means you will receive a payment overview from Klarna. With the Klarna App, you can view and pay this payment overview, safely and easily from your smartphone. In the Klarna online environment, you can manage your payment overviews from your computer or tablet. Klarna will keep you informed via push notifications & email when a payment overview is ready for you. To approve your request for post-payment, Klarna performs a data check. Klarna maintains a strict privacy policy as described in its privacy statement. Should your request for payment with Klarna unexpectedly not be authorized, you can of course pay for your order with another payment method. You can always contact Klarna with questions.

In the case of the sale of products with advance payment, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has taken place.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to Foodimus.

If the consumer does not meet their payment obligation(s) in time, they owe the statutory interest on the amount still owed after being notified by Foodimus of the late payment and Foodimus granting the consumer a term of 14 days to still meet their payment obligations. Foodimus is also entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500,=; 10% on the subsequent € 2,500,= and 5% on the next € 5,000,= with a minimum of € 40,=. Foodimus can deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 – Complaints Procedure

Foodimus has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to Foodimus fully and clearly described in a timely manner after the consumer has discovered the defects.

Complaints submitted to Foodimus will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, Foodimus will reply within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more extensive answer.

The consumer must give Foodimus at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Nature of Services and Medical Disclaimer

Foodimus operates solely as an online platform that offers the consumer the opportunity to purchase products, services, and digital content to support a proactive approach to general health and a healthy lifestyle.
The offer from Foodimus is aimed at strengthening the consumer’s overall health and well-being based on their own initiative and prevention efforts.
Foodimus expressly does not provide medical advice, does not diagnose illnesses, and does not recommend specific medical treatments. All information, opinions, suggestions, products, and services offered through the platform are not intended to replace the expertise, advice, diagnosis, or treatment of a qualified doctor, dietitian, psychologist, or other professional healthcare provider.
The Consumer acknowledges and accepts that the use of Foodimus’s products, services, and information is entirely at their own risk. For questions about health, medical conditions, or the suitability of a product or service in relation to an existing medical condition, the Consumer must always consult a competent healthcare provider.
Foodimus accepts no liability for damage or injury resulting from the use, misuse, or interpretation of the information provided, or the failure to consult a professional healthcare provider.