- Foodies in Heels: FMS Europe BV, having its registered office in Eindhoven under KvK no. 66926963.
- Customer: the person with whom Foodies in Heels has entered into an agreement.
- Parties: Foodies in Heels and client together.
- Consumer: a customer who is also an individual acting as a private person.
Applicability of delivery terms
- These terms of delivery apply to all work, orders, agreements and deliveries of services or products by or on behalf of Foodies in Heels.
- The parties can deviate from these terms of delivery only if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of additional and/or different general and/or delivery terms and conditions of the customer or third parties.
Payments and payment period
- The full purchase price is always paid immediately in the webshop. For reservations, in some cases a down payment is expected. In that case, the buyer will receive proof of the reservation and the down payment.
- For the provision of services, Foodies in Heels may require a down payment of the agreed amount upon entering into the agreement.
- The customer must have fulfilled payments for delivered products and/or services, which have not yet been paid in full, no later than 14 days after delivery of the product and/or service.
- Payment deadlines are considered fatal payment deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment period, the customer is legally in default and in default, without Foodies in Heels having to send the customer a reminder or give notice of default.
- Foodies in Heels reserves the right to make a delivery contingent upon immediate payment or to require security for the total amount of the services or products.
Consequences of not paying on time
- If the customer fails to pay within the agreed period, Foodies in Heels is entitled to charge the legal interest rate of 2% per month for non-commercial transactions and the legal interest rate of 8% per month for commercial transactions from the day the customer is in default, with part of a month being counted as a whole month.
- If the customer is in default, the customer shall also owe extrajudicial collection costs and any damages to Foodies in Heels.
- Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
- If the customer fails to pay on time, Foodies in Heels may suspend his/her obligations until the customer has fulfilled his/her payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Foodies in Heels 's claims against the customer are immediately due and payable.
- If the customer refuses his/her cooperation in the execution of the agreement by Foodies in Heels, the customer is still obliged to pay the full agreed price to Foodies in Heels .
Right of advertising
- As soon as the customer is in default, Foodies in Heels is entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
- Foodies in Heels invokes the right of complaint by written or electronic communication.
- As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Foodies in Heels, unless the parties agree otherwise.
- The cost of recovering or bringing back the products shall be borne by the customer.
Right of Withdrawal
- A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
- it is not a product that can spoil quickly, such as food or flowers;
- it is not a product that has been customized or adapted specifically for the consumer;
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.);
- the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.);
- the product is not a trip, transportation ticket, catering order or form of leisure activity;
- the product is not a loose magazine or loose newspaper;
- it is not an (order for) emergency repair; and the consumer has not waived his/her right of withdrawal.
- The 14-day cooling-off period mentioned in paragraph 1 begins:
- on the day after the consumer receives the last product or part of 1 order;
- once the consumer receives the first product with a subscription;
- once the consumer has acquired a service for the first time; or
- once the consumer has confirmed that the consumer will purchase the digital content over the Internet.
- During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises his/her right of withdrawal, the consumer will return the product with all delivered accessories and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instruction provided by the entrepreneur.
- Should the returned product be damaged or the packaging damaged more than necessary to try the product, we may pass this depreciation on to you. Therefore, always treat the product with the utmost care.
- The consumer can express his/her appeal to the right of withdrawal by using the return portal. On the return portal the consumer canmakehis/her return notificationand print a shipping label to return (part of) the order.
- The consumer is obliged to return the product to Foodies in Heels within 14 days after having expressed his/her right of withdrawal via the return portal at www.foodiesinheels.nl , failing which his/her right of withdrawal lapses.
- The cost of return shipping will be borne by the consumer.
Refund of monies paid and reimbursement of delivery costs
- If the consumer has timely exercised his/her right of withdrawal and, as a result, has timely returned part or all of the order to Foodies in Heels , Foodies in Heels will refund the amount (if any) paid by the consumer, in full or for that part of the order that was returned, to the consumer within 14 days of receipt by Foodies in Heels .
- Only if the consumer has returned the entire order in a timely manner as mentioned under paragraph 1, Foodies in Heels will also refund the initial shipping costs paid by the consumer (if any) along with the refund following from paragraph 1.
Return cost reimbursement
If the consumer invokes his/her right of withdrawal and returns all or part of the order in a timely manner, the cost of returning the order will be at the consumer's expense and risk.
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
- Foodies in Heels may invoke his/her right of retention and in that case hold products of the customer until the customer has paid all outstanding bills with respect to Foodies in Heels , unless the customer has provided adequate security for those costs.
- The lien also applies under previous agreements from which the customer still owes payments to Foodies in Heels.
- Foodies in Heels is never liable for any damages the customer may suffer as a result of the exercise of his/her lien.
Unless the customer is a consumer, the customer waives his/her right to set off a debt owed to Foodies in Heels against a claim against Foodies in Heels.
Retention of title
- Foodies in Heels remains the owner of all products delivered until the customer has fully satisfied all his/her payment obligations to Foodies in Heels, including claims for failure to perform the agreement.
- Until such time, Foodies in Heels may at any time invoke his/her retention of title and repossess the items.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Foodies in Heels invokes his/her retention of title, the agreement shall be deemed terminated and Foodies in Heels shall be entitled to claim damages, lost profits and interest.
- Delivery will take place while supplies last.
- Delivery of products ordered online is made to the address specified by the customer.
- If the agreed amounts are not paid or not paid on time, Foodies in Heels has the right to suspend his/her obligations until the agreed part is still paid.
- Late payment constitutes creditor default, with the result that the customer cannot hold a late delivery against Foodies in Heels .
- For orders placed on weekdays before 11:59 p.m., these orders will be shipped the same day and, in most cases, delivered the next day.
- Orders placed on Saturday and Sunday before 11 p.m. will be shipped on Sunday and, in most cases, delivered on Monday.
- The delivery times given by Foodies in Heels are indicative and if exceeded shall not entitle the customer to rescission or damages unless the parties have expressly agreed otherwise in writing.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Foodies in Heels is unable to deliver within 14 days after written notice or the parties have agreed otherwise.
- For delivery outside the Netherlands, the standard delivery times mentioned in paragraph 1 must be extended by 1 working day.
The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Delivery and transfer of risk
The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is brought into the customer's control.
Transportation costs shall be borne by the customer unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a product delivered has been opened or damaged, the customer must, before taking delivery of the product, have a note of this made by the forwarder or delivery person, failing which Foodies in Heels cannot be held liable for any damage.
- If the customer takes care of transporting a product himself, the customer must report any visible damage to products or packaging to Foodies in Heels prior to transport, failing which Foodies in Heels cannot be held liable for any damage.
The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
- delivered items necessary for the performance of the underlying agreement;
- items from Foodies in Heels present with the customer; and
- items delivered under retention of title.
- When parties have entered into an agreement with a service character, it contains for Foodies in Heels only an obligation of effort and therefore no obligation of result.
- The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Execution of the agreement
- Foodies in Heels performs the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship.
- Foodies in Heels has the right to have the agreed services performed (in part) by third parties.
- The execution of the agreement shall be by mutual agreement and after written agreement and payment of any agreed advance by the client.
- It is the customer's responsibility to ensure that Foodies in Heels can begin execution of the agreement in a timely manner.
- If the customer has not ensured that Foodies in Heels can begin execution of the agreement in a timely manner, the resulting additional costs and/or additional hours shall be borne by the customer.
- The customer shall make all information, data and documents relevant to the proper performance of the agreement available to Foodies in Heels in a timely manner and in the desired form and manner.
- The customer guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
- If and to the extent requested by the customer, Foodies in Heels will return the relevant documents.
- If the customer fails to make available the information, data or documents reasonably required by Foodies in Heels , or fails to do so on time or properly, and the performance of the agreement is delayed as a result, the resulting extra costs and extra hours shall be borne by the customer.
Performance of a service
- Foodies in Heels will make every effort to perform the services to the best of its ability and guarantees the timely and complete fulfillment of the agreements made, all in accordance with the law and social custom and with due observance of the care of a good service provider under Article 7:401 of the Dutch Civil Code.
- If at any time Foodies in Heels foresees that his/her obligations cannot be fulfilled, not in a timely manner or not properly fulfilled, Foodies in Heels must notify the customer immediately.
The customer indemnifies Foodies in Heels against all third party claims related to the products and/or services provided by Foodies in Heels .
- The customer should examine a product delivered or service provided by Foodies in Heels for any deficiencies as soon as possible.
- If a product delivered or service provided does not meet what the customer could reasonably expect from the agreement, the customer must notify Foodies in Heels as soon as possible, but in any case within 1 month of discovering the shortcomings. This can be done fastest by sending an email to firstname.lastname@example.org.
- Consumers should notify Foodies in Heels within 2 months of discovering the deficiencies at the latest.
- In doing so, the customer shall provide as detailed a description of the shortcoming as possible, so that Foodies in Heels is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- In any case, if a complaint relates to work in progress, this cannot result in Foodies in Heels being held to perform work other than that agreed upon.
- As of February 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere then you are free to file your complaint through the European Union platform.
Notice of default
- The customer must send notices of default in writing to Foodies in Heels.
- It is the customer's responsibility that a notice of default actually reaches Foodies in Heels (in a timely manner).
Joint and several liability customer
If Foodies in Heels enters into an agreement with multiple customers, each is jointly and severally liable for the full amounts owed to Foodies in Heels under that agreement.
Liability Foodies in Heels
- Foodies in Heels is liable for any damage suffered by the customer only if and to the extent that such damage was caused by intentional or deliberate recklessness.
- If Foodies in Heels is liable for any damages, it is only liable for direct damages arising out of or in connection with the performance of an agreement.
- Foodies in Heels is never liable for indirect damages, such as consequential damages, lost profits, lost savings or damages to third parties.
- If Foodies in Heels is liable, such liability shall be limited to the amount paid out by a concluded (professional) liability insurance policy and in the absence of (full) payment by an insurance company of the amount of the damage, liability shall be limited to the (part of the) invoice amount to which the liability relates.
- All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Foodies in Heels shall in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.
Right of rescission
- The customer has the right to dissolve the agreement if Foodies in Heels imputably fails to fulfill his/her obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
- If the fulfillment of the obligations by Foodies in Heels is not permanently or temporarily impossible, dissolution can only take place after Foodies in Heels is in default.
- Foodies in Heels has the right to dissolve the agreement with the customer, if the customer does not fulfill his/her obligations under the agreement in full or in a timely manner, or if Foodies in Heels has knowledge of circumstances that give him/her good reason to fear that the customer will not be able to fulfill his/her obligations properly.
- In addition to the provisions of article 6:75 of the Dutch Civil Code, a shortcoming of Foodies in Heels in the fulfillment of any obligation towards the customer cannot be attributed to Foodies in Heels in a situation independent of the will of Foodies in Heels , as a result of which the fulfillment of his/her obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of his/her obligations cannot reasonably be required of Foodies in Heels .
- The force majeure situation mentioned in paragraph 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
- If a force majeure situation arises that prevents Foodies in Heels from fulfilling 1 or more obligations to the customer, those obligations will be suspended until Foodies in Heels is able to fulfill them again.
- From the moment a force majeure situation has lasted for at least 30 calendar days, either party may rescind the contract in writing in whole or in part.
- Foodies in Heels is not liable for any compensation or damages in a force majeure situation, even if it receives any benefit as a result of the force majeure situation.
Modification of the agreement
If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.
Change of delivery terms
- Foodies in Heels is entitled to amend or supplement these terms of delivery.
- Changes of minor importance may be made at any time.
- Major substantive changes will Foodies in Heels discuss with the customer in advance whenever possible.
- A consumer is entitled to terminate the contract in the event of a material change in the terms of delivery.
Transfer of Rights
- Customer's rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Foodies in Heels.
- This provision counts as a clause with effect under property law as referred to in Article 3:83(2) of the Civil Code.
Consequences of nullity or voidability
- Should one or more provisions of these terms of delivery prove to be void or voidable, this shall not affect the remaining provisions of these terms.
- A provision that is void or voidable is in that case replaced by a provision that comes closest to what Foodies in Heels had in mind when drafting the terms and conditions on that point.
Applicable law and competent court
- These terms of delivery and any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
- The Dutch court in the district where Foodies in Heels is located has exclusive jurisdiction to hear any disputes between the parties, unless otherwise required by mandatory law.
Applicability of delivery terms
- These terms of delivery are applicable as of September 01, 2021.