Terms and Conditions

Terms & Conditions – UK

1. General

These are the terms and conditions (the Terms and Conditions) upon which you use or access our Services.

1.1 We operate the Interface as a health and fitness membership application that individual users can access via a Subscription. It is for information purposes only and is not intended as a substitute for medical or other professional advice.

1.2 The Services are provided on an “as is” and “as available” basis. We reserve the right to modify or discontinue, temporarily or permanently, any part of our Services from time to time. Where this is the case, we will let you know as soon as reasonably practicable and shall refund you for any sums paid in advance (if applicable) in respect of Services which will no longer be provided where we have not provided a materially suitable replacement.

1.3 These Terms and Conditions refer to our Privacy Policy which also applies to your use of our Services.

1.4 If you are accessing our Services via a mobile application, additional terms and conditions may apply to your use of our Services (for example Apple or Android application store terms and conditions), although in the event of conflict, our Terms and Conditions take precedence.

1.5 We may transfer our rights and obligations under these Terms and Conditions to another organisation at any time, for example if we decide to sell FitChef.

2. Contact details

2.1 FitChef B.V. (hereinafter “FitChef” or “We”) is a private limited liability company registered in the Netherlands with its registered office in Breda (4819 BC) at Cimburgalaan 2, with email address: [email protected], registered in the Commercial Register of the Chamber of Commerce under number 76435008 and is engaged in the sale of online memberships that provide access to recipes, weekly menus, and shopping lists, as well as other lifestyle services and products that meet the personal needs, goals and preferences of the user, thereby simplifying the process of eating healthily and/or varied and ordering groceries.

2.2 To contact us, please email [email protected].

2.3 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered with us.

3. Definitions

• 3.1 Agreement: the agreement that is established between FitChef and the Customer in the form of a subscription with different duration periods, including a trial period, 1 month, 3 months or 12 months.
• 3.2 Application: software running in the foreground and intended to perform specific tasks for the end user (the Customer).
• 3.3 Customer(s): means the consumer(s) entering into an agreement with FitChef.
• 3.4 Effective Date: the date on which the Agreement between FitChef and the Customer comes into effect.
• 3.5 Force Majeure Event: includes, but is not limited to, acts of God, natural disasters, war, terrorism, strikes, governmental regulations, pandemics, or any other events beyond the reasonable control of FitChef.
• 3.6 Interface: the platform, app, or site where the Customer and FitChef interact regarding subscription services.
• 3.7 Personal Data: identifiable information provided by the Customer, such as name, email, dietary preferences, etc.
• 3.8 ‘Powered by FitChef’: reference in reseller material indicating they offer FitChef’s services.
• 3.9 Registration: the process of signing up via the registration form on the Website.
• 3.10 Reseller: affiliate partner promoting FitChef (e.g. websites, influencers).
• 3.11 Services: the Interface, Website and/or Subscription.
• 3.12 Subscription: paid access to FitChef’s software tools and services.
• 3.13 Website: the website www.fitchef.com operated by FitChef B.V.

4. FitChef: our identity and modus operandi

4.1 FitChef is a Dutch company offering services from the Netherlands and complies with European consumer law. FitChef sells and delivers weekly menus with recipes based on the personal data, needs and wishes provided by the Customer. FitChef does this on the basis of the data received by the Customer in a subscription form. FitChef processes all data internally (i.e. within FitChef and its affiliated companies) and does not share this data with third parties without specific explicit consent from the Customer. FitChef works with partners such as Resellers. These partners, unless expressly authorised by the Customer, do not receive personal data, such as names, dietary preferences or other (sensitive) personal data from Customers. This strict policy is designed to ensure the privacy of the Customers in the best possible way. All data shared by Customers with FitChef will remain strictly within FitChef to ensure the integrity of such data.

4.2 Expertise: FitChef is expert in the sale and delivery of weekly menus based on the needs of its Customers and provides these services in collaboration with partners for the benefit of its Customers. FitChef does not employ or utilize the services of registered dietitians. Accordingly, it does not provide dietary advice for the treatment of disease conditions. FitChef’s service is provided through its Website, mobile application or on a Reseller’s own website through a (sub)domain chosen by them. Any information shared by the Customer with FitChef’s Interface will only be seen, read, used and processed by FitChef for generating the service requested by the Customer. This information will not be shared in any way with Resellers or other collaboration partners without the explicit consent of the Customer.

4.3 Data Management: The Customer has the ability to provide data on FitChef’s Interfaces or via the Reseller’s subdomain at any time and update it at any time if required.

4.4 Consent: During the registration process, the Customer is given the option to expressly consent to sharing data with specified third parties. If the Customer chooses to share data with third parties, the Customer can change this at any time during the Subscription period. Consent can also be withdrawn by the Customer at any time, including for specific processing purposes. Full cancellation means that FitChef will no longer be able to provide the service. For details, please see FitChef’s Privacy Policy. The privacy policy can be found on the website or at https://fitchef.com/privacy-policy.

5. Navigating the application process at FitChef

5.1 In order to complete the registration process for the initial nutritional consultation (calculation of the Customer’s macro needs), the Customer must agree to FitChef’s Terms and Conditions and Privacy Policy. Without the Customer’s agreement to these Terms and Conditions, FitChef will not be able to complete the registration process. If the Customer does not agree, FitChef will not share or receive any information.

5.2 The Customer has two options:

• (I) If the Customer agrees to the Terms and Conditions and enters into an Agreement, then the Customer may immediately proceed and use the Subscription.
• (II) If the Customer agrees to the Terms and Conditions but does not wish to enter into an Agreement, FitChef will retain a limited amount of data in accordance with its Privacy Policy. In this case, the Customer will continue to receive emails from FitChef. The Customer may unsubscribe from receiving these emails at any time. If the Customer does so, the Customer will not receive any further emails from FitChef and all (personal) data will be deleted in accordance with the Privacy Policy.

6. Cooperation with partners

6.1 FitChef works with partners, such as Resellers.

6.2 The services offered by FitChef are provided exclusively by FitChef. The Customer who lands on a Reseller’s website and sees FitChef (or ‘Powered by FitChef’) services listed and clicks on them will be redirected to FitChef’s Interface, which may run on the Reseller’s domain or another FitChef website. FitChef is also responsible for drafting and sending marketing emails on behalf of the Reseller. Any personal information that the Customer subsequently shares on the Interface can only be accessed by FitChef. All data will be processed and kept strictly confidential by FitChef and will not be shared with any Reseller without the express consent of the Customer.

6.3 A fee will be paid for the cooperation between FitChef and a partner (Resellers). No personal information about the Customer will be used to determine this fee. It is therefore not possible to link the fee to an individual Customer without the express consent of the Customer.

7. The Terms and Conditions

7.1 These Terms and Conditions (together with any other documents referred to in these Terms and Conditions) contain the legal provisions applicable to:

• I. Customer’s use of the Interface(s); and
• II. The purchase of Services, provided that the Customer is considered to be a “consumer” and not using the Services for any commercial or business purposes.

7.2 By placing an order on the Interface, the Customer expressly and unequivocally agrees to our Terms and Conditions and Privacy Policy.

7.3 FitChef reserves the right to amend these Terms and Conditions from time to time by updating them on the Interfaces, although any such amendments will not affect orders already placed by the Customer with FitChef. If FitChef amends the Terms and Conditions to the detriment of the Customer, the Customer will have the right to terminate the Agreement. The publication date of the updated terms and conditions shall be considered as its effective date.

8. Access to FitChef’s Interfaces

8.1 Subject to Customer’s compliance with these Terms and Conditions (including any other applicable terms and conditions), FitChef grants the Customer access to use the Services. It is the Customer’s responsibility to ensure that the equipment (mobile phone, computer, laptop, notebook, tablet or other device) meets all necessary technical specifications required to access and use the Interface and is compatible with the Interface. However, FitChef cannot always guarantee that the Interface will be accessible at all times, function properly and/or be free of viruses.

8.2 By visiting the Interface, the Customer is deemed to have taken note of, understood and accepted the provisions contained in the Terms and Conditions. FitChef is not liable for any damage that has occurred or may occur as a result of errors or inaccuracies in the information on the Interface or in the functioning thereof.

Interface Restrictions

8.3 FitChef may, from time to time, restrict access to certain functions, sections or content of the Interfaces, to users who have registered with FitChef (e.g. to improve the services or to provide the Customer with an even better tailor-made offer).

8.4 The Customer must ensure that all registration details provided are accurate. The Customer must keep login information confidential and must not disclose it to third parties.

8.5 The Customer is responsible for all activities that take place using the login details and must immediately notify FitChef of any unauthorised use or other breach of security of which the Customer becomes aware.

8.6 FitChef reserves the right to deactivate login details at any time if, in the opinion and judgment of FitChef, the Customer fails to comply with any of the provisions of these Terms and Conditions or if any details provided by the Customer for registration as a user are found to be incorrect.

Information on the Interfaces

8.7 FitChef strives to provide accurate and up-to-date information regarding the Services on the Interfaces. Unfortunately, it is possible that some information may no longer be accurate, complete or up to date at any given time. Accordingly, FitChef reserves the right to amend such information at any time without notice to the Customer.

8.8 The offers and statements made by FitChef are of a general nature. They are not (always) suitable for the Customer and therefore do not always apply in a specific case. Nor can the Customer derive any rights from the information on the Interfaces. The information on the Interfaces, newsletters, marketing mails and other statements made by FitChef are exclusively based on the applicability of Dutch law, and in the case of products and services advertised and delivered to Customers in other countries, by applicable laws.

9. Applicability and offers

9.1 These Terms and Conditions apply to any offer made by FitChef and any Agreement concluded between FitChef and the Customer.

9.2 The text of these Terms and Conditions shall be made available to the Customer electronically in such a way that it can be easily stored by the Customer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Terms and Conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the Customer’s request.

9.3 If any provision of these Terms and Conditions is invalid or is nullified, the remaining provisions of these Terms and Conditions shall remain in full force and effect. The invalid provision will be replaced by a new provision that corresponds as closely as possible to the old provision in terms of purpose, content and scope.

9.4 FitChef may, at any time, impose (further) requirements for communication between the parties or the performance of legal acts by email.

10. The offer

10.1 All offers made by FitChef are non-binding unless otherwise expressly stated in writing by FitChef.

10.2 FitChef offers a number of different Subscription types (Basic, Premium and Pro). Each of the aforementioned Subscription types requires payment before the Customer can access them.

10.3 The offer will expressly state whether the offer has a limited validity period or is made subject to conditions and which Subscription type applies.

10.4 Obvious mistakes or errors in the offer do not bind FitChef.

10.5 The offer made for FitChef is expressly not intended for resale or transmission to third parties, unless otherwise agreed between the parties.

10.6 The Customer warrants the accuracy and completeness of the information provided by or on behalf of him to FitChef on which FitChef bases its offer.

11. Conclusion of an Agreement

11.1 An agreement with FitChef is entered into on the Interface and the time the Customer accepts the offer and meets the conditions set out therein.

11.2 The Agreement referred to in Articles 9.1 and 11.1 is entered into between FitChef as service provider and the Customer as user.

11.3 Amendments or additions to the Agreement can only be agreed between the parties in writing with the exception of Article 24 of the Terms and Conditions.

11.4 If the Customer has accepted the offer electronically, FitChef will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by FitChef, the Customer may dissolve the Agreement.

11.5 If the Agreement is concluded electronically, FitChef will take appropriate technical and organisational measures to protect the electronic transmission of data and FitChef will ensure a secure web environment. In the event of electronic payment by the client, FitChef will take appropriate security measures.

11.6 To create an account and place an order with FitChef, the Customer must be eighteen (18) years of age or older. Accordingly, FitChef does not sell and/or provide Services to persons under eighteen (18) years of age. When using FitChef’s Services, you must always provide accurate information and use your true identity. As further described in clause 10.6, you must keep your contact details up-to-date. The use of information that does not belong to you or for which you are otherwise not authorised, or the use of FitChef’s services in a manner inconsistent with these Terms and Conditions, will be considered misuse.

11.7 FitChef will provide the Customer with the following information, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier, no later than upon delivery of the Subscription or digital content:

• a) FitChef’s email address to which the Customer can send complaints.
• b) The conditions under which and the manner in which the Customer may exercise the right of cancellation, or a clear statement concerning the exclusion of the right of cancellation.
• c) Information about an after-sales service.
• d) The price including VAT.
• e) The conditions for terminating the Agreement.
• f) The model cancellation form.
• g) In the case of a long-term transaction, the provision of this paragraph applies to the first Subscription.

12. Right of cancellation for Customers

12.1 When providing Services, the Customer has the option of cancelling the Agreement without giving reasons for a period of fourteen (14) calendar days from the Effective Date.

12.2 The right of cancellation does not apply if the service has been delivered in full. By placing the order and agreeing to the Terms and Conditions, the Customer declares that he loses his right of cancellation at the moment the Subscription services are fully performed.

12.3 By requesting the Subscription online, the Customer has given express prior consent to perform the Service. The Customer must pay pro rata for the services provided, until the moment the Customer invokes the right of cancellation.

12.4 To exercise the right of cancellation, the Customer will comply with the reasonable and clear instructions provided by FitChef in this regard at the time of the offer and/or at the latest at the time of delivery. To facilitate the exercise of the right of cancellation, FitChef has attached a cancellation form to the confirmation email received by the Client. The cancellation form can also be found at the bottom of these Terms and Conditions (Article 25 et seq.).

13. Duration, renewal and end of the Agreement

13.1 The Agreement is entered into for the minimum duration specified when placing an order of three (3) or twelve (12) months, unless otherwise agreed between the parties (“Initial Term”).

13.2 After the expiry of the Initial Term agreed between FitChef and the Client, the Agreement shall automatically continue until the Customer gives one month’s written notice to the other party.

13.3 During the agreed Initial Term, the Agreement cannot be terminated prematurely by the Customer.

13.4 The notice period referred to in Article 13(1) starts from the moment FitChef has received the notice of termination. During the notice period, the Customer’s payment obligation continues.

13.5 During the agreed Initial Term and after the expiry thereof, FitChef may terminate the Agreement, subject to three months’ notice.

13.6 Without affecting any other right or remedy available to it, FitChef may terminate the Agreement with immediate effect by giving written notice to the Customer if:

• a) the Customer fails to pay any amount due in connection with the Agreement on the due date for payment and remains in default for not less than one month from the payment due date; and
• b) the Customer commits a material breach of any other term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so.

13.7 FitChef may exclude Service agreements from the right of cancellation, but only if performance has begun with the Customer’s express prior consent.

14. Prices

14.1 During the validity period stated in the offer, the prices of the Subscriptions offered will not be increased, except for price changes due to changes in applicable taxation (including VAT).

14.2 FitChef may increase the Subscription prices within 3 months after the conclusion of the Agreement if such increases are as a result of legal or regulatory changes and, in such circumstances, the Customer has the right to terminate the Agreement with effect from the day on which the price increase takes effect.

14.3 FitChef may increase its Subscription prices after 3 months of the Effective Date and the Customer shall have the right to terminate the Agreement with effect from the day on which the price increase takes effect.

14.4 FitChef has the right to increase rates annually according to the consumer price index. If the consumer price index is negative, prices will not be reduced.

14.5 The prices mentioned in the offer of services include VAT or any other applicable tax.

15. Payment

15.1 Unless otherwise stipulated in the Agreement or additional conditions, the Subscription fees due by the Customer must be paid for the entire Initial Period at the point in which the Customer enters into the Agreement.

15.2 Following the Initial Period, payment of the Subscription fees shall be made by the Customer monthly in advance by direct debit, unless the parties have agreed otherwise.

15.3 FitChef may arrange for a third party to act as collector of the monthly Subscription fees.

15.4 The Customer has a duty to promptly report inaccuracies in payment details provided or stated to FitChef.

15.5 If the client does not timely comply with his payment obligation(s), the client, after being notified by or on behalf of FitChef of the late payment and FitChef has granted the client a period of 14 days to still comply with his payment obligations, after the failure to pay within this 14-day period, will owe the statutory interest on the amount due and FitChef is entitled to charge the extrajudicial collection costs incurred by or on behalf of FitChef. These collection costs amount to a maximum of: 15% over the outstanding amount with a minimum of £40.

16. Commitments for Customers

16.1 When composing recipes and weekly menus, FitChef carefully takes into account the intolerances/dietary preferences specified by the Customer. Nonetheless, it is possible that one or more parts of recipes or week menus may conflict with these intolerances/dietary preferences. FitChef cannot guarantee that the service provided will always fully follow the intolerances and/or dietary preferences specified by the Customer. The Client is obliged to always check the displayed recipes and/or weekly menus for products/ingredients, which the Client wants or should avoid. For further details, please refer to our health disclaimer.

16.2 The recipes and weekly menus are composed on the basis of the personal data provided by the Customer, such as (non-exhaustive) height, weight, age, gender and purpose, among other things, for calculating nutritional values. The Customer is obliged to provide and keep FitChef provided with the correct personal data so that FitChef can compile the best possible service for the Customer.

17. Guarantee for customers

17.1 FitChef’s services focus on an outcome, without guaranteeing the desired results.

17.2 Furthermore, the delivered item must comply with the Agreement.

17.3 The Customer is obliged to examine the delivered service, or have it examined, immediately at the time the service is made available to him. In doing so, the Client must examine whether the quality and/or quantity of the service provided corresponds to that which has been agreed upon and meets the requirements agreed upon by the parties in this respect. If there is a defect, the Client will inform FitChef immediately after discovering it.

17.4 The warranty is void if:

• a) The Customer has modified the service itself or had third parties modify it.
• b) There is damage due to careless use by the Customer.
• c) A defect has arisen due to, or resulting from, improper use, or after processing or treatment in a manner other than as prescribed.
• d) The defect is caused by or the result of circumstances beyond FitChef’s control.

17.5 FitChef endeavours to provide its Services to the Customer without interruption or disruption. It is technically impossible to prevent every failure or interruption in the Service, while necessary maintenance may also cause a failure or interruption in the Service. The Customer is not entitled to compensation or any other form of reimbursement in the event of a failure or interruption in the Service.

17.6 The Customer must comply with the requirements set out in ‘Access to FitChef’s Interfaces’.

18. Liability

18.1 FitChef is in no way liable for damages, of any kind, resulting from erroneous, inaccurate and/or incomplete information provided by the Customer, including any intolerances of Customers. The Customer has its own duty of care to carefully check recipes and products/ingredients for allergens.

18.2 Subject to Article 18.3, if we fail to comply with these Terms and Conditions, our total liability to the Customer shall not exceed the amount that is twice the monthly Subscription fee paid by the Customer.

18.3 Nothing in this Agreement excludes or limits our liability for:

• a) Death or personal injury caused by our negligence;
• b) Fraud or fraudulent misrepresentation;
• c) Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
• d) Defective products under the Consumer Protection Act 1987; or
• e) Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

19. Force majeure

19.1 In the event of force majeure, FitChef has the right to suspend the Agreement or to terminate the Agreement by written notice to the Customer, without FitChef being obliged to compensate for direct or indirect damage or fulfilment of the Agreement, unless the damage was caused intentionally or gross negligence.

19.2 Force majeure means: telecommunication failures, failures in electronic messaging, malfunctions on the internet, the unexpected failure of third parties (including labour unrest at third parties or among its own staff), business disruption, technical defects, fire, strikes, boycotts, the consequences of natural disasters, prevention of the possibility of fulfilment as a result of legal measures including sanctions by the competent supervisory authorities, import restrictions, measures by any domestic, foreign or supranational government. Force majeure also applies if these difficulties affect third parties involved by FitChef in the execution of the Agreement, or are a consequence of the measures taken by the third party.

19.3 If an aforementioned circumstance as referred to in Article 19(2) occurs, FitChef will – in order to limit any adverse consequences arising therefrom for the client – take those measures that can reasonably be required of it.

20. Privacy

20.1 In order to use FitChef’s services, the Customer provides data, including Personal Data, to FitChef. This data will be stored in files of FitChef itself and will not be shared with Resellers unless the Client expressly indicates that the Personal Data may be shared with the Reseller.

20.2 FitChef reserves the right to process, provide to and exchange Personal Data with third parties, or exchange and process within the group of affiliated companies of which FitChef is part, if this is necessary for the execution of the Agreement entered into between FitChef and the Customer and/or if there is a legitimate interest. This includes the provision of information regarding the optimal provision of the weekly menus and recipes and the optimisation of the debtor policy.

20.3 Processing Personal Data includes collecting, storing and using it.

20.4 The processing of Personal Data takes place for the purpose of:

• a) To be able to follow up on the Agreement to provide personalised weekly menus and recipes to the Customer;
• b) Keeping records;
• c) Where authorised by the Customer to inform him about matters concerning chosen services and/or products or to inform the Customer about other activities or offers related to FitChef.

20.5 The processing of Personal Data on the website of a partner (Reseller) of FitChef takes place only through the Interface that is under the responsibility of FitChef.

20.6 The Customer has the right to access his data. In doing so, the Customer may request correction or deletion of his Personal Data. However, deletion may only take place if the data is no longer relevant for the performance of the Agreement.

21. Intellectual property rights

21.1 You acknowledge and agree that unless otherwise specified, and subject to these Terms and Conditions, we are the owner or the licensee of all Intellectual Property Rights in our Services, including the material published on our Interface and any software, logos, branding or domains contained within or made available through the Interfaces. Those works are protected by copyright laws and treaties around the world and all such rights are reserved. You are not permitted to use any of the aforementioned materials without FitChef’s prior written consent.

21.2 These Terms and Conditions do not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.

21.3 You are not permitted to use our business name, trading name, logos or branding without our approval and you shall not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in or comprising part of the Services.

21.4 By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that:

• a) your Feedback does not contain the confidential or proprietary information of third parties;
• b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback;
• c) we may have something similar to the Feedback already under consideration or in development; and
• d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in such Feedback.

22. Complaints

22.1 FitChef is committed to providing exceptional service to the Customer(s). However, if, for any reason, the Customer is not fully satisfied with the Service, FitChef invites the Customer to review the Money-Back Guarantee Policy (Article 27) before filing a complaint. However, the Customer is entitled to use the complaints procedure mentioned in Article 22.

22.2 Complaints about the execution of the Agreement must be submitted to FitChef fully and clearly described within a reasonable time after the Customer has discovered the defects, but at the latest within 4 weeks after the Customer could have discovered the complaint.

22.3 Complaints submitted to FitChef will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, FitChef will respond within the 14-day period with a notice of receipt and an indication of when the Customer can expect a more detailed response.

22.4 If you have any complaints or need assistance, please feel free to contact us at [email protected].

23. Disputes and competent court

23.1 Agreements between FitChef and the Customer to which these Terms and Conditions relate are governed by Dutch law. This choice of law does not affect the protection enjoyed by the Customer under the mandatory law of the country of residence.

23.2 Disputes that may arise between FitChef and the Customer as a result of an Agreement entered into by FitChef and the Customer may be dealt with by FitChef before the competent court in the Netherlands (District Court Zeeland – West Brabant, location Breda), unless mandatory law provides otherwise. This is on the understanding that, from the moment FitChef invokes this provision, the Customer has one month to choose to have the dispute adjudicated by the competent court according to the law.

24. Amendment of the Agreement

24.1 FitChef expressly reserves the right to unilaterally amend these Terms and Conditions at any time to anticipate future changes in relevant laws and regulations if there will be reason to do so.

24.2 If FitChef intends to change the Terms and Conditions, it will notify the Customer at least seven (7) days in advance.

24.3 If and insofar as the Customer does not make use of the option of (timely) cancellation or termination, and the Customer continues to use the services of FitChef despite the announced effective date of the (new) Terms and Conditions, these Terms and Conditions will apply to the legal relationship between FitChef and the Customer from that moment on.

25. Cancellation Form

To invoke the cancellation right under Article 12, the Customer must complete and return the model cancellation / dissolution form. Alternatively, the Customer can dissolve the Agreement by sending FitChef an e-mail with the information contained in this document. In either case, FitChef can be reached at:

Email: [email protected]

Postal address:
FitChef B.V.
Cimburgalaan 2
4819 BC Breda

26. General

26.1 FitChef may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Agreement. The Customer may not assign, transfer, charge or otherwise dispose of the Agreement or any of its rights or obligations arising under it without the prior written consent of FitChef.

26.2 The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

26.3 Each party acknowledges that in entering into the Agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.

26.4 Provisions of these Terms and Conditions that expressly or by their inherent nature should survive termination or expiry of these Terms and Conditions shall survive termination or expiry and shall continue to have effect and be binding.

26.5 These Terms and Conditions do not confer any rights on any third party pursuant to the Agreements (Rights of Third Parties) Act 1999.

26.6 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.

26.7 No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

27. Money-back guarantee policy

27.1 Eligibility for Money-back Guarantee: This money-back guarantee applies only to the initial purchase of a Subscription through the Interface, with a validity of 14 days from the purchase date. To be eligible for a refund, the Customer must demonstrate compliance with FitChef’s service usage guidelines while expressing dissatisfaction with the value received.

27.2 Claim Process: To request a refund under our money-back guarantee, contact our customer service team within the 14-day period at [email protected]. Please provide your email address used for registration, and a brief explanation as to why the Subscription did not meet expectations. The FitChef team will review your claim, may request additional information or feedback on how to improve the FitChef service, and will process approved refund requests within 7 days, with credit to the original payment method.

27.3 Limitations and Exclusions: This guarantee does not apply to additional purchases or renewals of the subscription. Refunds are limited to the subscription fee paid for the first billing cycle and do not cover any additional charges or fees, including transaction fees or charges for additional services. The money-back guarantee does not affect any legal rights under applicable law.

27.4 Final Discharge and Indemnification of Claims: By accepting reimbursement under the FitChef Money-Back Guarantee, the Customer acknowledges that this constitutes a full and final settlement and discharge of all obligations, liabilities and claims against FitChef relating to or arising out of the Customer’s Subscription. This includes known or unknown claims, demands, disputes or causes of action against FitChef relating to the subscribed service.

27.5 No Further Claims: Upon receipt of the refund, the Customer agrees not to initiate any further claims, actions or legal proceedings against FitChef in relation to the refunded Subscription service. This final release is binding and conclusive on the Customer and his heirs, executors, administrators, successors and assigns.

27.6 Understanding and Agreement: It is understood that this release of claims is an important and binding legal agreement. By accepting the money-back guarantee and associated refund, the Customer confirms that he/she has fully read, understood and agrees to these Terms and Conditions. If the Customer has any questions or needs clarification on this final release, FitChef encourages the Customer to contact the customer service team before proceeding with the refund request.

27.7 FitChef reserves the right to modify or terminate this Money-Back Guarantee Policy at any time and without notice. However, the policy in force at the time of the Customer’s purchase will apply to the refund request.

These Terms and Conditions were updated on 14-11-2024.

Model cancellation / dissolution form

Only complete and mail this form to [email protected] if you wish to revoke the Agreement.

To FitChef B.V.,

I hereby inform you that I wish to revoke my Agreement regarding the weekly menus.

Ordered on:

Name:

Mail address:

Terms & Conditions – EU

1. General

1.1. FitChef B.V. (hereinafter “FitChef” or “we”) is a private company with limited liability, engaged in the sale of online memberships that provide access to recipes, weekly menus, and shopping lists, as well as other lifestyle services and products that meet the personal needs, goals, and preferences of the user, thereby simplifying the process of eating healthy and/or varied and ordering groceries, having its registered office in Breda (4819 BC) at Cimburgalaan 2, with mail address: [email protected], registered in the Commercial Register of the Chamber of Commerce under number 76435008.

2. Definitions

Some words begin with a capital letter in certain parts of the text. This is done to give extra emphasis to the specific meaning given to these words, as explained below.

• 2.1. Customer (or Customers): the consumer(s) entering into an agreement with FitChef.
• 2.2. Interface: the platform, communication environment or system where the Customer and FitChef interact (e.g., website, app, reseller domain).
• 2.3. Agreement: the subscription-based agreement between FitChef and the Customer (trial, 1 month, 3 months, or 12 months).
• 2.4. Effective Date: the date on which the Agreement takes effect.
• 2.5. Conditions: these (and future) General Terms and Conditions.
• 2.6. Reseller: a partner (e.g., website, app, influencer) that promotes FitChef for commission.
• 2.7. Websites: the website www.fitchef.com, maintained by FitChef B.V., Breda.
• 2.8. ‘powered by FitChef’: statements by Resellers indicating they offer FitChef’s services.
• 2.9. Application: software operated by the end user (Customer) to access FitChef services.
• 2.10. Personal data: any information provided by the Customer that identifies them personally, including but not limited to name, email address, dietary preferences. Not shared with Resellers without explicit consent.
• 2.11. Registration: the Customer’s completed sign-up via the Website registration form.

3. FitChef: our identity and modus operandi

3.1. FitChef is a Dutch company offering services from the Netherlands and complies with European consumer law. FitChef sells and delivers weekly menus with recipes based on the personal data, needs and wishes provided by the Customer. FitChef does this on the basis of the data received by the Customer in a subscription form. FitChef processes all data internally (i.e. within FitChef and its affiliated companies) and does not share this data with third parties – except for specific explicit consent from the Customer. FitChef works with partners such as Resellers. These partners, unless expressly authorised by the Customer, do not receive personal data, such as names, dietary preferences or other (special) personal data from Customers. This strict policy is designed to ensure the privacy of the Customers in the best possible way. All data shared by Customers with FitChef will remain strictly with FitChef to ensure the integrity of such data.

3.2. FitChef is expert in selling and delivering weekly menus based on the needs of the Customer and provides these services itself in cooperation with partners for the benefit of the Customers. The service is provided by FitChef through its website www.fitchef.com or on a Reseller’s own website through a (sub)domain chosen by them. All data shared by the Customer with FitChef’s Interface will only be seen, read, used and processed by FitChef for generating the service requested by the Customer. This information will not be shared in any way with Resellers or other cooperation partners without the explicit consent of the Customer.

3.3. The Customer has the ability to provide data on FitChef’s Websites or via the Reseller’s subdomain at any time and change it as needed.

3.4. During the subscription process, the Customer is given the option to expressly consent to sharing data with specifically named third parties. If the Customer chooses to share data with third parties, the Customer can change this at any time during the subscription period. Consent can also be withdrawn by the Customer at any time, even for specific processing purposes. Full withdrawal does mean that services can no longer be provided by FitChef. For details, please see the privacy policy.

4. Navigating through the application process at FitChef

4.1. When completing the sign-up process for the initial nutrition consultation (calculating the Customer’s macro needs), it is necessary for the Customer to agree to FitChef’s Terms and Conditions and Privacy Policy. Without the Customer’s agreement to these Terms, FitChef cannot complete the sign-up process. If the Customer does not agree, FitChef will not share or receive any data.

4.2. The Customer has two options:

• (I) If the Customer agrees to the Terms and Conditions and enters into an Agreement, then the Customer can immediately proceed and use FitChef’s services.
• (II) If the Customer agrees to the Terms but does not wish to enter into an Agreement, FitChef retains a limited amount of data according to its privacy policy. In this case, the Customer will continue to receive emails from FitChef. The Customer may unsubscribe from receiving these emails at any time. Once the Customer does so, the Customer will not receive any further emails from FitChef and all (personal) data will be deleted in accordance with the privacy policy. The privacy policy can be found on the website or at https://fitchef.com/privacy-policy.

5. Cooperation with partners

5.1. FitChef works with partners, such as Resellers.

5.2. The services offered by FitChef are provided solely by FitChef. The Customer who lands on a Reseller’s website and sees FitChef (or ‘powered by FitChef’) services listed and clicks on them will be redirected to FitChef’s Interface, which may run on the Reseller’s domain or another FitChef website. FitChef is also responsible for drafting and sending marketing emails on behalf of the Reseller. Any personal information that the Customer provides on the Interface will only be accessible to FitChef. All data will be processed and handled strictly confidentially by FitChef, without any data sharing with Resellers, subject to the Customer’s explicit consent.

5.3. For the cooperation between FitChef and a partner (Resellers), a fee is paid. When determining the aforementioned fee, no personal information of the Customer is used. Reduction to an individual customer is therefore not possible, subject to the explicit consent of the Customer.

6. The General Terms and Conditions

6.1. These Terms (together with any other documents referred to in these Terms) contain the legal provisions applicable to:

• (a) Customer’s use of the website https://fitchef.com or Resellers’ subdomains and any application for mobile devices or computers developed by or on behalf of FitChef (together, the “Website” or “Site” or “App”); and
• (b) the purchase of services, provided that the Customer is considered to be a “consumer” as defined in Directive (EU) 2011/83 of 25 October 2011, as transposed into national law from time to time (together with Directive 2019/771 of 20 May 2019, Directive 85/374 of 25 July 1985 and, in general, EU legislation for the benefit of consumers as transposed into national law from time to time, referred to as the “Consumer Legislation”).

6.2. By placing an order on the Websites, the Customer expressly and unequivocally agrees to our Terms and Conditions and Privacy Policy.

6.3. FitChef reserves the right to change these Terms from time to time by updating them on the Sites, although any such change will not affect orders already placed by the Customer with FitChef. If FitChef amends the Terms to the detriment of the Customer, the Customer will have the right to cancel the Agreement. The publication date of the updated Terms shall be considered as its effective date.

7. Access to the Websites and/or Application of FitChef

Functioning Website and/or Application

7.1. Subject to Customer’s compliance with these Terms (including any other applicable terms and conditions), FitChef grants Customer access to use the services offered by FitChef through its Websites or Application. It is the Customer’s responsibility to ensure that the equipment (mobile phone, computer, laptop, notebook, tablet or other device) meets all necessary technical specifications required to access and use the Website, and is compatible with the Website. However, FitChef cannot always guarantee that the Websites or Application will be accessible at all times, function properly and/or be free of viruses. FitChef therefore asks for the visitor’s understanding in this regard.

7.2. By visiting the Websites or Application, the Customer is deemed to have taken note of, understood and accepted the provisions contained in the section “Access to FitChef’s Website and/or Application” and the Terms and Conditions. FitChef is therefore also not liable for any damage that has arisen or may arise due to errors or inaccuracies in the information on these Websites or Application or in the functioning thereof.

Restrictions Website and/or Application FitChef

7.3. FitChef may – from time to time – restrict access to certain functions, sections or content of the Websites, or the entire Websites, to users who have registered with FitChef (e.g. to improve the services or to provide the Customer with an even better tailor-made offer).

7.4. The Customer must ensure that all registration details provided are correct. The Customer must treat data required to log in confidentially and not disclose it to third parties.

7.5. The Customer is responsible for all activities that take place using the login details and must immediately notify FitChef of any unauthorised use or other breach of security of which the Customer is aware.

7.6. FitChef reserves the right to deactivate login details at any time if, in the opinion and judgment of FitChef, the Customer fails to comply with any of the provisions of these Terms and Conditions or if any details provided by the Customer for registration as a user are found to be incorrect.

Information on the Website

7.7. FitChef strives to provide accurate and up-to-date information regarding the services on the Websites or Application. Unfortunately, there is a possibility that some information may no longer be accurate, complete or current at any given time. Accordingly, FitChef reserves the right to amend such information at any time without notice to the Customer.

7.8. The offers and expressions made by FitChef are of a general nature. This is not (always) appropriate for the Customer and therefore does not always apply in the specific case. Nor can the Customer derive any rights from the information on the Websites or Application. The information on the Websites, newsletters, marketing mails and other statements made by FitChef are exclusively based on the applicability of Dutch law.

8. Intellectual property rights FitChef

8.1. All expressions made by FitChef on the Website or Application are protected by copyright and other intellectual property rights. These expressions may not be copied, reproduced or otherwise disclosed without the prior written consent of FitChef.

8.2. FitChef reserves the right to amend this disclaimer at its discretion. Such changes will not be communicated.

9. Applicability and offers

9.1. These Terms apply to any offer made by FitChef and any distance agreement concluded between FitChef and the Customer.

9.2. The text of these Conditions shall be made available to the Customer electronically in such a way that it can be easily stored by the Customer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the Conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the Customer’s request.

9.3. If any provision of these Terms is invalid or is nullified, the remaining provisions of these Terms shall remain in full force and effect. The invalid provision will be replaced by a new provision that corresponds as closely as possible to the old provision in terms of purpose, content and scope.

9.4. FitChef can always set (further) requirements for communication between parties or performing legal acts by email.

9.5. FitChef reserves the right, without giving reasons, to refuse the services to be provided with a refund of any monies already paid.

10. The offer

10.1. All offers by FitChef are non-binding unless otherwise expressly stated by FitChef in writing.

10.2. FitChef offers a number of different subscription types (Basic, Premium and Pro). Each of the aforementioned subscription types requires payment before the Customer can access them.

10.3. The offer will expressly state whether the offer has a limited validity period or is made subject to conditions and which subscription type applies.

10.4. Obvious mistakes or errors in the offer do not bind FitChef.

10.5. The offer made for FitChef is expressly not intended for resale or transmission to third parties, unless otherwise agreed between the parties.

10.6. The Client warrants the accuracy and completeness of the data provided by or on behalf of him to FitChef on which FitChef bases its offer.

11. Conclusion of Agreements

11.1. An agreement with FitChef is established on the Interface and the moment the Customer proceeds to accept the offer and meet the conditions set out therein.

11.2. The Agreement referred to in Articles 9.1 and 11.1 is entered into between FitChef as service provider and the Customer as user.

11.3. Changes or additions to the Agreement can only be agreed between the parties in writing with the exception of Article 24 of the Conditions.

11.4. If the Client has accepted the offer electronically, FitChef will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by FitChef, the Client may dissolve the Agreement.

11.5. If the agreement is concluded electronically, FitChef will take appropriate technical and organisational measures to secure the electronic transfer of data and FitChef will ensure a secure web environment. In the event of electronic payment by the client, FitChef will observe appropriate security measures.

11.6. To create an account and place an order with FitChef, the Customer must be eighteen (18) years of age or older. Consequently, FitChef does not sell and provide services to persons under eighteen (18) years of age. When using FitChef’s services, you must always provide accurate information and use your true identity. As further described in clause 10.6, you must keep your contact details up-to-date. The use of information that does not belong to you or for which you are otherwise not authorised, or the use of FitChef’s services in a manner inconsistent with these Terms, will be considered misuse.

11.7. FitChef will include the following information with the Customer, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier, at the latest upon delivery of the service or digital content:

• a) FitChef’s email address to which the Customer can send complaints;
• b) the conditions under which and the manner in which the Customer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
• c) the information on existing after-sales service;
• d) the price including VAT;
• e) the requirements for terminating the agreement;
• f) the model withdrawal form;
• g) in the case of a long-term transaction, the provision of this paragraph only applies to the first delivery.

12. Right of withdrawal for Customers on supply of services

12.1. When providing services, the Customer has the option of dissolving the Agreement without giving reasons for a period of fourteen (14) calendar days. This period begins upon entering into the Agreement.

12.2. The right of withdrawal does not apply if the service has been delivered in full. By placing the order and agreeing to the Terms and Conditions, the Customer declares that he loses his right of withdrawal at the moment the service is fully delivered.

12.3. By requesting the service online, the Customer has given express prior consent to perform the service. The Customer must pay pro rata for the services provided, until the moment the Customer invokes the right of withdrawal.

12.4. To exercise the right of withdrawal, the Customer will comply with the reasonable and clear instructions provided by FitChef in this regard at the time of the offer and/or at the latest at the time of delivery. To facilitate the exercise of the right of withdrawal, FitChef has attached a withdrawal form to the confirmation email received by the Client. The withdrawal form can also be found at the bottom of these Terms (Article 25 et seq.).

13. Duration, renewal and end of the Agreement

13.1. The Agreement is entered into for the minimum duration of three (3) or twelve (12) months, unless otherwise agreed between the parties.

13.2. After the expiry of the minimum duration agreed between FitChef and the Client, the Agreement is automatically converted into an Agreement for an indefinite period of time.

13.3. During the agreed minimum duration, the Agreement cannot be terminated prematurely by the Customer.

13.4. After expiry of the minimum duration agreed between the parties in Article 13(1), the Customer may terminate the Agreement subject to one month’s notice.

13.5. Termination takes place by means of a written statement to FitChef (whether or not by electronic means) and subject to the applicable notice period.

13.6. The notice period starts from the moment FitChef has received the notice of termination. During the notice period, the Customer’s payment obligation continues.

13.7. During the agreed minimum duration and after the expiry thereof, FitChef is entitled to terminate the Agreement (prematurely), subject to three months’ notice.

13.8. FitChef is also authorised to terminate the Agreement with immediate effect on the basis of an important reason. Substantial reasons are in any case considered, but not limited to, the situation that the Client is in default with respect to his payment obligation for one month and/or the circumstance that FitChef is unable to execute the agreement for a prolonged or permanent period of time due to a cause not attributable to it.

13.9. FitChef may exclude the following service from the right of withdrawal:

• (a) Service agreements, after full performance of the service, but only if performance has begun with the Customer’s express prior consent.

14. Prices

14.1. During the validity period stated in the offer, the prices of the services offered will not be increased, except for price changes due to changes in VAT rates.

14.2. Price increases within 3 months after the conclusion of the Agreement are only allowed if they are the result of legal regulations or provisions. The Customer is allowed to have the Agreement dissolved in the event of the aforementioned change.

14.3. FitChef may proceed with a price increase as of 3 months after the establishment of the Agreement. Price increases from 3 months after the establishment of the Agreement give the Customer the authority to terminate the Agreement with effect from the day on which the price increase takes effect.

14.4. FitChef has the right to increase rates annually according to the CBS consumer price index. If the CBS consumer price index is negative, prices will not be reduced.

14.5. The prices mentioned in the offer of services include VAT.

15. Payment

15.1. Unless otherwise stipulated in the Agreement or additional conditions, the amounts due by the Customer must be paid simultaneously with the conclusion of the Agreement for the entire agreed minimum duration.

15.2. Payment is then made monthly in advance by direct debit, unless the parties have agreed otherwise.

15.3. The payments will be collected on behalf of an affiliated company of FitChef B.V., namely FitChef USA B.V., with FitChef B.V. remaining the contracting party.

15.4. FitChef may arrange for an external party of its determination to act as collector of the monthly subscription fees.

15.5. The Customer has a duty to promptly report inaccuracies in payment details provided or stated to FitChef.

15.6. If the client does not timely comply with his payment obligation(s), the client, after being notified by or on behalf of FitChef of the late payment and FitChef has granted the client a period of 14 days to still comply with his payment obligations, after the failure to pay within this 14-day period, will owe the statutory interest on the amount due and FitChef is entitled to charge the extrajudicial collection costs incurred by or on behalf of FitChef. These collection costs amount to a maximum of: 15% over the outstanding amount with a minimum of €40.

15.7. FitChef is entitled, in case of late payment and after expiry of the period referred to in Article 15.6, to suspend its services with immediate effect and without prior notice. If the Client still fulfils its obligations, FitChef will continue to provide the service. The Client remains obliged to pay the agreed amounts over the period of suspension.

16. Commitments for Customers

16.1. When composing recipes and weekly menus, FitChef carefully takes into account the intolerances/dietary preferences specified by the Customer. Nonetheless, it is possible that one or more parts of recipes or week menus may conflict with these intolerances/dietary preferences. FitChef cannot guarantee that the service provided will always fully follow the intolerances and/or dietary preferences specified by the Customer. The Client is obliged to always check the displayed recipes and/or weekly menus for products/ingredients, which the Client wants or should avoid. For further details, please refer to our health disclaimer.

16.2. The recipes and weekly menus are composed on the basis of the personal data provided by the Customer, such as (non-exhaustive) height, weight, age, gender and purpose, among other things, for calculating nutritional values. The Customer is obliged to provide and keep FitChef provided with the correct personal data so that FitChef can compile the best possible service for the Customer.

17. Guarantee for customers

17.1. FitChef’s services focus on an outcome, without guaranteeing the desired results.

17.2. Furthermore, the delivered service must comply with the agreement.

17.3. The Customer is obliged to examine the delivered service, or have it examined, immediately at the time the service is made available to him. In doing so, the Client must examine whether the quality and/or quantity of the service provided corresponds to that which has been agreed upon and meets the requirements agreed upon by the parties in this respect. If there is a defect, the Client will inform FitChef immediately after discovering it.

17.4. The warranty is void if:

• a) The Customer has modified the service itself or had third parties modify it.
• b) There is damage due to careless use by the Customer.
• c) The defect is caused by or the result of circumstances beyond FitChef’s control.

17.5. FitChef endeavours to provide its services to the Customer without interruption or disruption. It is technically impossible to prevent every failure or interruption in the service, while necessary maintenance may also cause a failure or interruption in the service. The Customer is not entitled to compensation or any other form of reimbursement in the event of a failure or interruption in the service.

17.6. The Customer must comply with the requirements set out in ‘Access to FitChef’s Sites and/or Application’.

18. Liability

18.1. The liability of FitChef is in all cases – barring intent or recklessness bordering on intent – limited to a maximum of twice the monthly subscription fee. At all times, FitChef’s liability is limited to a maximum amount of €500.

18.2. FitChef is in no way liable for damages, of any kind, resulting from erroneous, inaccurate and/or incomplete data provided by the Customer, including any intolerances of Customers. The Customer has its own duty of care to carefully check recipes and products/ingredients for allergens.

18.3. The aforementioned limitations of liability apply except insofar as the statutory provisions on the Customer’s obligation to compensate for damages dictate otherwise.

19. Force majeure

19.1. In the event of force majeure, FitChef has the right to suspend the agreement or to terminate the agreement by means of a written statement, without FitChef being obliged to compensate for direct or indirect damage or fulfilment of the agreement, unless the damage was caused by intent or gross negligence.

19.2. Force majeure is in any case understood to mean: telecommunication failures, failures in electronic messaging, malfunctions on the internet, the unexpected failure of third parties (including labour unrest at third parties or among its own staff), business disruption, technical defects, fire, strikes, boycotts, the consequences of natural disasters, prevention of the possibility of fulfilment as a result of legal measures including sanctions by the competent supervisory authorities, import restrictions, measures by any domestic, foreign or supranational government. All this even if these difficulties occur with third parties involved by FitChef in the execution of the agreement, or are a consequence of the measures taken by the third party.

19.3. If an aforementioned circumstance as referred to in Article 19(2) occurs, FitChef will – in order to limit any adverse consequences arising therefrom for the client – take those measures that can reasonably be required of it.

20. Privacy

20.1. In order to use FitChef’s services, the Customer provides data, including Personal Data, of himself to FitChef. These data will be stored in files of FitChef itself and will not be shared with Resellers unless the Client expressly indicates that the Personal Data may be shared with the Reseller.

20.2. FitChef reserves the right to process, provide to and exchange Personal Data with third parties, or exchange and process within the group of affiliated companies of which FitChef is part, if this is necessary for the execution of the Agreement entered into between FitChef and the Customer and/or if there is a legitimate interest. This includes the provision of information regarding the optimal provision of the weekly menus and recipes and the optimisation of the debtor policy.

20.3. Processing Personal Data includes collecting, storing and using it.

20.4. The processing of Personal Data takes place for the purpose of:

• a. To be able to follow up on the Agreement to provide personalised weekly menus and recipes to the Customer;
• b. Keeping records;
• c. Where authorised by the Customer to inform him about matters concerning chosen services and/or products or to inform the Customer about other activities or offers related to FitChef.

20.5. The processing of Personal Data on the website of a partner (Reseller) of FitChef takes place only through the Interface that is under the responsibility of FitChef.

20.6. The Customer has the right to access his data. In doing so, the Customer may request correction or deletion of his Personal Data. However, deletion may only take place if the data is no longer relevant for the performance of the Agreement.

21. Intellectual property

21.1. All intellectual property rights relating to the FitChef name and the Interface belong exclusively to FitChef and/or its licensees. This material may not be reproduced and/or disclosed by print, photocopy, film, digital or any other means.

22. Complaints

22.1. FitChef is committed to providing exceptional service to the Customer(s). However, if, for any reason, the Customer is not fully satisfied with the Service, FitChef invites the Customer to review the Money-Back Guarantee Policy (Article 28) before filing a complaint. However, the Customer is entitled to use the complaints procedure mentioned in Article 22.

22.2. Complaints about the execution of the agreement must be submitted to FitChef fully and clearly described within a reasonable time after the Customer has discovered the defects, but at the latest within 4 weeks after the Customer could have discovered the complaint.

22.3. Complaints submitted to FitChef will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, FitChef will respond within the 14-day period with a notice of receipt and an indication of when the Customer can expect a more detailed response.

22.4. If you have any complaints or need assistance, please feel free to contact us at [email protected].

23. Disputes and competent court

23.1. Agreements between FitChef and the Client to which these Terms relate are governed by Dutch law. This choice of law does not affect the protection enjoyed by the Client under the mandatory law of the country of residence.

23.2. Disputes that may arise between FitChef and the Client as a result of an agreement entered into by FitChef and the Client may be dealt with by FitChef, unless otherwise provided by mandatory law, also by the competent court in the Netherlands (District Court Zeeland – West Brabant, location Breda). This on the understanding that, from the moment after FitChef has invoked this provision, the client has one month to choose to have the dispute adjudicated by the competent court according to the law.

24. Amendment of Agreement

24.1. FitChef expressly reserves the right to unilaterally amend these Terms at any time – to anticipate future changes in relevant laws and regulations – if there will be reason to do so.

24.2. If FitChef intends to change the Terms, it will notify the Customer at least seven (7) days in advance.

24.3. Notwithstanding the foregoing possibility to unilaterally change the Terms, the Customer has the right to have the agreement dissolved in the event of – a drastic change of the Terms (Article 6:237 under c of the Dutch Civil Code). There is no such authority if the change is necessary for FitChef’s business operations. The Client can terminate the agreement via the account that the Client has with FitChef or via FitChef’s customer service with due observance of the agreements regarding changing, suspending, revoking and terminating the agreement.

24.4. If and insofar as the Client does not make use of the option of (timely) cancellation or termination, and the Client continues to use the services of FitChef despite the announced effective date of the (new) Terms and Conditions, these Terms and Conditions will apply to the legal relationship between FitChef and the Client from that moment on.

25. Withdrawal form FitChef

25.1. The Client has the right to revoke the agreement with FitChef within a period of 14 days after signing the agreement without giving a reason. The Client has this right under, inter alia, Article 12 of the General Terms and Conditions.

25.2. To invoke this right, the Customer must complete and return the model withdrawal / dissolution form. Alternatively, the Customer can dissolve the agreement by sending FitChef an e-mail with the information contained in this document. In either case, FitChef can be reached at:

Email: [email protected]

Postal address:
FitChef B.V.
Cimburgalaan 2
4819 BC Breda

26. Exercising the right of withdrawal Customer

26.1. To exercise the right of withdrawal – successfully – FitChef must be informed, via an unambiguous statement, of the decision to withdraw from the agreement. For this purpose, this model withdrawal / dissolution form can be used. However, the Customer is not obliged to do so.

27. Consequences of revocation

27.1. If the Client exercises the right of withdrawal, FitChef will refund all payments made by the Client up to that point to the account number known to FitChef. This does not apply in all cases, in particular if the service has already been partially provided and FitChef may require a pro rata payment from the Client (see Article 12(3) of the General Terms and Conditions).

28. Dutch original is binding

The Dutch version of the general terms and conditions is the primary and legally binding document, while the English version serves as a translation of the Dutch original. If there is any uncertainty or discrepancy, the Dutch original text on https://fitchef.nl/voorwaarden takes precedence.

29. Money-back guarantee policy

29.1. Eligibility for Money-back Guarantee: This money-back guarantee applies only to the initial purchase of a subscription plan through our website, with a validity of 14 days from the purchase date. To be eligible for a refund, the customer must demonstrate compliance with FitChef’s service usage guidelines while expressing dissatisfaction with the value received.

29.2. Claim process: To request a refund under our money-back guarantee, contact our customer service team within the 14-day period at [email protected]. Please provide your email address used for registration, and a brief explanation as to why the service did not meet expectations. The FitChef team will review your claim, may request additional information or feedback on how to improve the FitChef service, and will process approved refund requests within 7 days, with credit to the original payment method.

29.3. Limitations and exclusions: This guarantee does not apply to additional purchases or renewals of the subscription. Refunds are limited to the subscription fee paid for the first billing cycle and do not cover any additional charges or fees, including transaction fees or charges for additional services. The money-back guarantee does not affect any legal rights under applicable law.

29.4. Final discharge and indemnification of claims: By accepting reimbursement under the FitChef Money-Back Guarantee, the customer acknowledges that this constitutes a full and final settlement and discharge of all obligations, liabilities and claims against FitChef relating to or arising out of the customer’s subscription. This includes known or unknown claims, demands, disputes or causes of action against FitChef relating to the subscribed service.

29.5. No further claims: Upon receipt of the refund, the customer agrees not to initiate any further claims, actions or legal proceedings against FitChef in relation to the refunded subscription service. This final discharge is binding and conclusive on the customer and his heirs, executors, administrators, successors and assigns.

29.6. Understanding and Agreement: It is understood that this indemnity of claims is an important and binding legal agreement. By accepting the money-back guarantee and associated refund, the customer confirms that he/she has fully read, understood and agrees to these terms and conditions. If the customer has any questions or needs clarification on this final discharge and indemnification of claims, FitChef encourages the customer to contact the customer service team before proceeding with the refund request.

29.7. FitChef reserves the right to modify or terminate this Money-Back Guarantee Policy at any time and without notice. However, the policy in force at the time of the customer’s purchase will apply to the refund request.

Model withdrawal / dissolution form

Only complete and mail this form to [email protected] if you wish to revoke the agreement.

I hereby inform you that I wish to revoke my agreement regarding my FitChef subscription.

Ordered on:

Name:

Email address: