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Terms and Conditions Smart Meals

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
8. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for communication on distance;
9. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

Article 2 – Identity of the Business
Smart Meals;
Energieweg 77B, 2382 NH Zoeterwoude;
Email address: info@smart-meals.nl
Chamber of Commerce number: 28116946
If the business’s activities are subject to a relevant licensing system:
information about the supervisory authority:
If the business owner practices a regulated profession:
– the professional association or organization to which they belong;
– the professional title and the location within the EU or the European Economic Area where it was granted;
– a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the business and to every distance contract concluded between the business and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for review at the business’s premises and will be sent free of charge as soon as possible upon the consumer’s request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, at the consumer’s request, either electronically or by other means.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision in the event of conflicting general terms and conditions. most favorable.

Article 4 – The Offer
1. If an offer is valid for a limited time or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly evaluate the offer. If the business uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the business.
3. Each offer must contain sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
o the price, including taxes;
o any delivery costs;
o the manner in which the contract will be concluded and the steps required to do so;
o whether or not the right of withdrawal applies;
o the method of payment, delivery, and performance of the contract;
o the time limit for accepting the offer, or the time limit within which the business guarantees the price;
o the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
o whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
o the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the event of a long-term transaction.

Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed receipt of this acceptance, the consumer may rescind the contract.
3. If the agreement is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the business operator shall observe appropriate security measures for that purpose.
4. The business may—within the legal framework—determine whether the consumer is able to meet his payment obligations, as well as ascertain all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business has valid grounds not to enter into the contract, it is entitled to refuse an order or request, providing a reason, or to attach special conditions to its fulfillment.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the business’s location where the consumer can file a complaint;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6.1 – Right of withdrawal
1. When purchasing products, the consumer has the right to cancel the contract within 14 days without providing a reason. This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and notified to the business receives the product. The customer must then store the products in a frozen state and return them to the supplier.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will unpack or use the product only to the extent necessary to determine whether he wishes to keep it. If the consumer exercises their right of withdrawal, they must return the product to the business, along with all accessories provided and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the business.

Article 7 – Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, at most the costs of return shipment will be at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 – Exclusion right of withdrawal
1. The business may exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the business has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were produced by the business in accordance with the consumer’s specifications;
b. which are clearly personal in nature;
c. which by their nature cannot be returned;
d. which can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. The right of withdrawal may be excluded only for services:
a. relating to lodging, transportation, restaurant services, or recreational activities to be provided on a specific date or during a specific period;
b. for which performance has begun with the consumer’s express consent before the cooling-off period has expired;
c. relating to betting and lotteries.

Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the business may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the business has no control. This dependence on fluctuations and the fact that any prices listed are indicative prices must be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases effective 3 months or more after the conclusion of the agreement are permitted only if the business has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the contract effective as of the day the price increase takes effect.
5. The prices listed in the offer of products or services include VAT.

Article 10 – Conformity and Warranty
1. The business warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the business also guarantees that the product is suitable for use other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Article 11 – Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to the provisions of Article 4 of these General Terms and Conditions, the company will fulfill accepted orders with due diligence, but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation for damages.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the merchant.
6 The risk of damage to and/or loss of products rests with the business until the time of delivery to the consumer or to a representative designated in advance and notified to the business, unless expressly agreed otherwise.
7. If the consumer is not present, the delivery provider is entitled to leave the package with a neighbor or at a pickup location. The consumer is responsible for monitoring the tracking information and picking up the package immediately upon delivery.
8. If a package is lost, the consumer must report the loss to Smart Meals within 24 hours so that an investigation can be initiated. If the loss is not reported within this time frame, the package will not be reimbursed.

9. Je bent ervan op de hoogte dat:
– I am personally responsible for being home or picking up my package on time when it is delivered, even if my package is delayed by one day.
– When a PostNL point is full, it is automatically delivered to the next point.
– Evening delivery does not deliver to a business address.
– If something is wrong with the order, you must send post-order photos to info@smart-meals.nl within 24 hours.
– The package must be accepted at all times. If it is refused, the package will thaw and, as a result, will not be reimbursed.

Article 12 – Duration transactions: duration, cancellation and extension
cancellation
1. The consumer may terminate a contract entered into for an indefinite period that provides for the regular delivery of products  of diensten, te allen tijde opzeggen met inachtneming van daartoe overeengekomen opzeggingsregels en een opzegtermijn van ten hoogste één maand.
2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period. of a maximum of one month.
3. The consumer can conclude the agreements referred to in the previous paragraphs:
o cancel at any time and are not limited to cancellation at a specific time or period;
o at least cancel in the same way as they entered into by him;
o always cancel with the same notice period as the entrepreneur has stipulated for himself.

extension
4. An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer has extended this can terminate the agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of at most one month and a notice period of a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50 percent. If an advance payment is stipulated, the consumer may not assert any rights regarding the fulfillment of the order or service(s) in question until the stipulated advance payment has been made.
3. The consumer is obligated to immediately report any inaccuracies in the payment information provided or listed to the business.
4. In the event of nonpayment by the consumer, the business has the right—subject to legal limitations—to charge the consumer for reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur, fully and clearly described, within a reasonable time, after the consumer has discovered the defects.
3. Complaints submitted to the business will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.

Article 15 – Disputes
1. Contracts between the entrepreneur and the consumer to which these general conditions relate are exclusively governed by Dutch law.

Article 16 – Supplementary or deviating provisions
Provisions supplementing or deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 – Payment with Klarna
 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

  • Pay in [14] days: The payment period is 14 days from the date the goods are shipped or the date the tickets are issued/the service becomes available. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria, Switzerlandandthe Netherlands.
  • Financing: With Klarna’s financing service, you can pay for your purchase in flexible or fixed monthly installments according to the terms stated at checkout. The installment payment is due at the end of each month after Klarna issues a separate monthly invoice. Further information regarding Slice It—including terms and conditions and Standard European Consumer Credit Information—can be found here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmark, and Finland.
  • Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland, and the Netherlands. Your account will be debited immediately after you place your order.
  • Direct Debit: Your account will be debited after the goods or tickets are shipped, on the service’s availability date, or—in the case of a subscription—in accordance with the schedules provided. You will be notified of the date(s) by email.
  • Card Payments: Available in Sweden, Germany, and Austria. The amount will be held on your card and will be charged after the goods or tickets are shipped or on the service’s availability date. In the case of a subscription, the amount will be charged according to the schedule provided.
  • [PLEASE ADJUST THE TEXT ABOVE AND BELOW ACCORDING TO THE PAYMENT METHODS AND MARKETS USED]

The payment methods “Pay in [14] days,” “Slice It,” and direct debit are only available if you pass a credit check. To this end, during the ordering process and while processing your purchase, we forward your data to Klarna for an address and credit check. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the terms of use for each country can be found at klarna.com. Your personal data is handled in accordance with applicable data protection laws and in accordance with the information in Klarna’s privacy statement.