General Terms and Conditions of FIT CATERING B.V.
#1 Definitions.
1. Seller: FIT CATERING B.V., also trading under the name Fit Diet, with its registered office at Van Heekstraat 27H, 3125 BN Schiedam, the Netherlands, registered with the Dutch Chamber of Commerce (KvK) under number 81406754, telephone: +31633304171, e-mail: contact@fitdiet.nl
2. Products: a series of meals with a caloric value of 1200 to 5000 kcal, delivered to the Customer on the days indicated in the Order Form.
3. Customer: the natural person not acting for purposes related to their trade, business, craft or profession, with whom the Seller has concluded an Agreement or intends to conclude one.
4. Distance Agreement: an agreement concluded with the Customer within an organised system for concluding distance agreements (within the Website), without the simultaneous physical presence of the parties, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
5. Agreement/Order: any Agreement concluded between the Seller and the Customer under which the Seller has undertaken towards the Customer to deliver Products at an agreed price.
6. Business Day: a day from Monday to Friday, with the exception of official public holidays.
7. Delivery Area: the area where the Products are delivered, as indicated in the section at the bottom of the Seller's website. The main cities and neighbouring towns are indicated. The possibility of delivery to the address indicated by the Customer when placing an Order is confirmed by the Seller upon acceptance of the Order for processing. If delivery to the address provided by the Customer is not possible, the Customer will be informed accordingly.
8. Website: the Seller's website, www.fitdiet.nl
9. In Writing: communication on paper, communication by e-mail, by fax or by any other means of communication that, in view of the state of the art and generally accepted views, can be considered equivalent thereto.
#2 General provisions.
1. These general terms and conditions apply to every offer made by the Seller and every Agreement concluded. By entering into an Agreement with the Seller, the Customer declares to agree to these general terms and conditions.
2. Deviations from the provisions of these general terms and conditions are only possible expressly and in Writing.
3. In the event of any conflict between the Seller's general terms and conditions and the Agreement, the provisions of the Agreement shall prevail.
4. The Seller is entitled at any time to amend and/or supplement these general terms and conditions. Amendments to the general terms and conditions will be announced by e-mail or via the Seller's website and take effect seven (7) days after their announcement. The most up-to-date general terms and conditions can be consulted on the Seller's website. If the Customer places a new order with the Seller after these general terms and conditions have been amended and/or supplemented, the Customer thereby irrevocably accepts the amended and/or supplemented general terms and conditions.
5. The annulment or nullity of one or more provisions of these general terms and conditions does not affect the validity of the remaining provisions. In such a case, the parties undertake to consult each other in order to agree on a replacement arrangement for the affected provision, taking into account as far as possible the purpose and meaning of the original provision.
#3 Offer and conclusion of the agreement
1. Every offer made by the Seller is without obligation, even if it states a period for acceptance. The Seller is never obliged to accept an Order or to deliver Products.
2. The Customer cannot derive any rights from an offer of the Seller that contains an obvious error or mistake.
3. An offer of the Seller does not automatically apply to any subsequent Agreements. Insofar as no changes have been made to them, these general terms and conditions do, however, also apply to subsequent Agreements without the Seller being obliged to provide the Customer with these general terms and conditions anew each time.
4. Each Agreement is concluded at the moment the offer of one party is accepted by the other party. If the acceptance deviates from the offer, the Agreement is not concluded in accordance with this deviating acceptance, unless the Parties have nevertheless reached agreement in this respect.
5. Without prejudice to the foregoing provisions of this article, the Agreement is in any case concluded if the Seller, with the Customer's consent, has commenced performance of the work. The Seller reserves the right at all times to conclude the Agreement only on the basis of the Customer signing a quotation drawn up by the Seller for that purpose, if any.
6. If the Customer concludes the Agreement (also) on behalf of another natural person, the Customer declares, by entering into the Agreement, to be authorised to do so. The Customer is jointly and severally liable, alongside that person, for the fulfilment of the obligations arising from that Agreement.
#4 Placing an Order.
1. The Seller offers the Customer the possibility of placing an Order via the Website and choosing Products for a specific number of days and deliveries.
2. The Seller reserves the right to add new Products to the offer. The addition of new Products does not constitute an amendment of these general terms and conditions.
3. To place an Order, the Customer indicates the Product offered by the Seller, specifying the type of diet, the diet variant and the caloric value of the meals included in the Product, as well as the days on which the Product is to be delivered. In addition to indicating the Product, the Customer also provides the data necessary for the execution of the Order, including personal data and the delivery address. The manner in which personal data are processed is described in the Privacy Policy available on the Website.
4. After receiving the Order, the Seller sends the Customer, by e-mail to the address provided when placing the order, a declaration of acceptance of the Order, which also constitutes its confirmation.
5. The Order confirmation contains the agreed order conditions, in particular the quantity and type of Product, the total price payable, as well as the duration of the diet.
6. The Customer has the right to object to the content of the Order confirmation within 12 hours of receiving the Seller's message. Failure to raise objections within this period is equivalent to acceptance of the terms of the Order.
7. In the event of any health complaints, or in the case of pregnancy, the Customer must consult a doctor as to whether they can consume the Products without contraindications.
8. The Customer declares that at the time of placing the Order there are no contraindications or restrictions with regard to eating any foodstuffs whatsoever.
#5 Delivery and retention of title
1. The Seller undertakes to make every effort to deliver within the delivery periods specified in the Agreement. The delivery period depends, among other things, on the delivery location (domestic or abroad) and the workload of the suppliers. Delivery takes place between 14:00 and 23:00. Stated delivery periods are never to be regarded as strict deadlines.
2. In the event of late delivery, the Customer must give the Seller written notice of default and grant it a reasonable period to still fulfil its delivery obligation.
3. If the delivery period is exceeded, the Seller is never obliged to compensate the Customer for any damage arising as a result.
4. Products delivered by the Seller remain the property of the Seller until the Customer has fulfilled all obligations arising from the Agreement concluded with the Seller, including obligations arising from non-performance of this Agreement.
5. If the Customer fails to fulfil their obligations or there is a well-founded fear that they will fail to do so, the Seller is entitled to remove, or have removed, the delivered Products subject to the retention of title referred to in paragraph 4 from the Customer or from third parties holding the goods for the Customer. The Customer is obliged to provide full cooperation in this respect, under penalty of a fine of 10% of the amount owed by them per day, without prejudice to the Seller's right to claim full compensation.
6. Deliveries are made for diets for the days from Monday to Saturday (with Saturday being delivered with the same menu as Friday).
The delivery for Monday takes place on Sunday.
The delivery for Tuesday takes place on Monday.
The delivery for Wednesday takes place on Tuesday.
The delivery for Thursday takes place on Wednesday.
The delivery for Friday (with the Saturday option) takes place on Thursday.
Please note! No deliveries are made on Friday for the weekend.
7. The Customer may change the delivery address of the Products until 10:00 on the business day preceding the delivery of the order. If the Customer changes the delivery address after 10:00, the Products will be delivered to the previously indicated address.
8. If the Seller cannot or does not wish to perform the Agreement for any reason whatsoever and the Customer has already paid for the Products, the Seller will refund the amount already paid to the Customer, unless the inability or unwillingness to deliver is attributable to the Customer.
9. If the Products are appropriated by a third party after delivery, the Seller is not liable for the non-performance of the Agreement. The delivery of the Products to the indicated address is documented by taking a photo.
#6 Price and Payment. Payment methods.
1. All amounts stated by the Seller include VAT, unless expressly stated otherwise.
2. The Seller is entitled not to give (further) effect to the Agreement for as long as the Customer is in default with the fulfilment of any payment obligation owed to the Seller.
3. Payment must be made in accordance with the payment methods offered by the Seller and within the period indicated by the Seller. The Seller allows the following payment methods: iDEAL, Bancontact, SEPA, Przelewy24, PayPal, Sofort and cash.
4. SEPA transfers must be made to the following ING bank account: NL66 INGB 0008 8275 78. The Customer must send a confirmation of the SEPA transfer to order@fitdiet.nl. If an order is paid for by SEPA transfer, the Customer must send a confirmation of the payment by e-mail no later than 10:00 on the business day preceding the delivery.
5. If the Customer is declared bankrupt, applies for a (provisional) suspension of payments, becomes subject to the Dutch Natural Persons Debt Restructuring Act (Wet Schuldsanering Natuurlijke Personen) or an application is made for them to be placed under guardianship, if any attachment is levied on the Customer's goods and/or claims, or if the Customer goes into liquidation or is dissolved, the Customer is obliged to inform the Seller thereof immediately and all claims of the Seller against the Customer become immediately due and payable.
6. The Seller is entitled to make the invoices due to the Customer available to them exclusively by e-mail.
7. If timely payment is not made, the Customer is in default by operation of law. From the day on which the Customer's default occurs, the Customer owes interest of 2% per month on the outstanding amount, with part of a month being regarded as a full month.
8. All reasonable costs, including judicial, extrajudicial and enforcement costs, incurred in order to obtain the amounts owed by the Customer, are borne by the Customer. These costs amount to 15% of the amount owed and will be at least € 100.
#7 Complaints.
1. The Customer undertakes to examine (or have examined) the purchased goods upon delivery. In doing so, the Customer must check whether the delivered goods comply with the Agreement, namely:
- whether the correct goods have been delivered;
- whether the delivered goods correspond in terms of quantity to what was agreed;
- whether the delivered goods actually meet the agreed quality requirements or — in their absence — the requirements that may be set for normal use and/or commercial purposes.
2. The Customer can no longer invoke a defect in the performance if they have not protested to the Seller in writing by registered letter within a reasonable time after they discovered the defect or should reasonably have discovered it, have not given the Seller the opportunity to inspect and remedy the defects, have processed or treated the delivered goods in whole or in part, or had them put into use, processed or treated, or have supplied them on to third parties.
3. A reasonable time is understood to mean within 24 hours of receipt of the Products, whereby the Customer must indicate to the Seller in writing, submitting supporting evidence, what the defect is and when and how they discovered it.
4. Minor deviations deemed acceptable in trade cannot constitute grounds for complaint.
5. Even if the Customer complains in time, their obligation to pay for and accept orders placed remains in force.
#8. Liability and indemnification.
1. The Seller bears no liability caused by any inaccuracy or incompleteness in the data provided by or on behalf of the Customer, any other failure to fulfil the Customer's obligations arising from the law or the Agreement, any act or omission of third parties on whom the Seller depends, such as its suppliers, as well as any other circumstance that cannot be attributed to the Seller.
2. The Seller's liability for an attributable failure in the performance of the Agreement, an unlawful act or any other act or omission by the Seller, its employees or third parties engaged by it, is limited to compensation for direct damage. The Seller's liability for direct damage per event (whereby a series of related events is regarded as one event) towards a Customer shall not exceed the total amount that the Customer has paid to the Seller under the Agreement in the twelve (12) calendar months preceding that event (excl. VAT). However, the Seller's total liability shall in no event exceed € 150 (excl. VAT).
3. Direct damage within the meaning of the previous paragraph exclusively means:
a) property damage;
b) reasonable costs that the Customer would have to incur to ensure that the Seller's performance complies with the Agreement;
c) reasonable costs incurred by the Customer to establish the cause and extent of the damage, insofar as the establishment relates to direct damage within the meaning of this Agreement;
d) reasonable costs incurred to prevent or limit damage, insofar as the Customer can demonstrate that these costs have led to a limitation of the direct damage within the meaning of this Agreement.
4. The Seller is not liable for damage other than the direct damage described in the previous paragraph, including consequential damage arising from or in connection with the Agreement, including, without any limitation, loss of profit, loss of turnover, loss of anticipated savings and other similar financial losses such as loss of goodwill or reputation, or other incidental or indirect damage, or punitive or exemplary damages of any kind, regardless of whether the Customer has notified the Seller of such possible damage, compensation or loss.
5. The Customer's right to claim compensation under this Agreement, on the basis of an unlawful act or otherwise, lapses in any event one (1) year after the occurrence of the event giving rise to the claim or proceedings.
6. The limitations of liability contained in these general terms and conditions do not apply if the damage was caused by intent or deliberate recklessness on the part of the Seller.
#9 Force majeure
1. The Seller is not obliged to fulfil any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it by law, by legal act or by generally accepted views. Force majeure is understood to mean — in addition to what is understood by it in legislation and case law — all external causes over which the Seller has no influence and which make the (further) performance of the Agreement impossible or seriously impede it, including: (extremely) bad weather conditions and acts or omissions of third parties on whom the Seller depends, such as its suppliers.
2. If the force majeure situation makes the performance of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect.
3. If, at the time the force majeure situation occurs, the Seller has already partially fulfilled its obligations, or can only partially fulfil its obligations, it is entitled to invoice the part of the Agreement already performed, or the performable part, separately, as if it were an independent Agreement.
4. Damage resulting from force majeure is, without prejudice to the application of the previous paragraph, never eligible for compensation.
#10. Suspension and Dissolution
1. The Seller is, if the circumstances of the case reasonably justify this, entitled to suspend the performance of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if and insofar as the Customer fails to fulfil their obligations under the Agreement, fails to do so on time or in full, or if circumstances that came to the Seller's knowledge after the conclusion of the Agreement give good grounds to fear that the Customer will not fulfil their obligations.
2. If the Customer is declared bankrupt, applies for a (provisional) suspension of payments, becomes subject to the Dutch Natural Persons Debt Restructuring Act or an application is made for them to be placed under guardianship, or if any attachment is levied on the Customer's goods and/or claims, the Seller is entitled to dissolve the Agreement with immediate effect, unless the Customer has already provided adequate security for the payment of the amounts owed and yet to become owed by them under the Agreement.
3. Furthermore, the Seller is entitled to dissolve the Agreement if and insofar as circumstances arise of such a nature that performance of the Agreement is impossible or its continuation cannot reasonably be required of the Seller.
4. The Customer shall never be entitled to any form of compensation in connection with the right of suspension or dissolution exercised by the Seller under this article, with the proviso that if the circumstances that led to the dissolution of the Agreement should reasonably be at the Seller's risk, the Customer shall at most be entitled to a refund or waiver of the price in proportion to the part of the Agreement not performed or not to be performed as a result of the dissolution.
5. Insofar as this can be attributed to them, the Customer is obliged to compensate the damage suffered by the Seller as a result of the suspension or dissolution of the Agreement.
6. If the Seller dissolves the Agreement on the basis of this article, all claims against the Customer become immediately due and payable.
#11. Final provisions
1. Every Agreement and all legal relationships arising from it between the parties are governed exclusively by Dutch law.
2. The parties will not appeal to the courts until they have made every effort to settle the dispute by mutual consultation.
3. All disputes related to Agreements between the Seller and the Customer to which these terms and conditions apply and which do not fall within the competence of the subdistrict court, are settled by the competent court in the district where the Seller has its registered office. The Seller is nevertheless free to submit the dispute to the court having jurisdiction by law, at the Seller's discretion.
4. The Seller may transfer rights and obligations arising from the Agreement and/or these general terms and conditions to third parties and will inform the Customer thereof without delay. If the Customer does not find this transfer of obligations to (a) third party(ies) acceptable, they may terminate the Agreement.
#12 FITCOIN Loyalty Programme
12.1 Collecting FITCOINS
- The Customer can collect FITCOINS by placing an order via the Website, provided that they are logged in with their e-mail address and password during the ordering process.
- The ordering process is as follows:
- choosing the diet, the number of days and the start date;
- adding the diet to the shopping cart;
- proceeding to checkout;
- entering the e-mail address and the required order details;
- creating an account by setting a password.
- By creating an account, the Customer gains access to the customer panel. After logging in, FITCOINS are automatically credited for each eligible order.
- In the customer panel, the Customer has insight into their orders and the current FITCOIN balance.
- FITCOINS are automatically awarded for each order that meets the conditions of this article.
- The conversion rate is: 1 EUR = 1 FITCOIN.
12.2 Granting of the discount
- If the Customer has collected 2500 FITCOINS, they receive a discount coupon worth 25% off a subsequent order.
- The coupon is generated automatically as soon as the required number of FITCOINS has been reached.
12.3 Conditions for using the coupon
- The discount coupon is valid for seven (7) days from the moment of issue.
- The Customer may possess and use only one active coupon at any given time.
- The coupon cannot be exchanged for cash and cannot be combined with other promotions or discounts, unless expressly stated otherwise.
12.4 Other provisions
- FITCOINS are personal, linked to the Customer's individual account and are not transferable to third parties or other accounts.
- FITCOINS are only awarded for orders placed after the Customer has logged in with their e-mail address and password.
- The FITCOIN programme is effective from 25 February 2026. From this date, FITCOINS are awarded for orders that meet the conditions set out in this article.
- The Seller reserves the right to amend, suspend or terminate the FITCOIN programme. Changes will be announced via the Website or by e-mail and take effect seven (7) days after announcement.