Terms & Conditions

Article 1 – Definitions In these terms and conditions, the following terms shall have the following meanings:

Reflection period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or performance obligation is spread over time;

Durable medium: any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract during the reflection period;

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, where exclusive use is made of one or more means of distance communication until the conclusion of the contract;

Means of distance communication: a medium that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same space.

General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur: Airfryer Specialist (Sub brand of "FOMO Shop), Rooseveltlaan 538, 3527AT Utrecht; Email: info@airfryer-specialist.com, Chamber of Commerce number: 89082192, VAT identification number: NL004689154B59.

Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is 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 can be viewed at the entrepreneur, and they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it 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 consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are void or are destroyed at any time, the agreement and these terms and conditions shall otherwise remain in effect, and the relevant provision shall be replaced in mutual consultation as closely as possible with a provision that approximates the purpose of the original provision as much as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

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 make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

the possible costs of shipping;

the way in which the agreement will be concluded and which actions are necessary for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and implementation of the agreement;

the period for accepting the offer, as well as the period within which the entrepreneur guarantees the price;

the level of the rate for communication at a distance if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the used communication medium;

whether the agreement will be archived after it is concluded, and, if so, how the consumer can consult it before the conclusion;

how the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, restore it;

the languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct by electronic means; and

the minimum duration of the distance agreement in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down.

If the consumer has accepted the offer electronically, the entrepreneur 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 the entrepreneur, the consumer can dissolve the agreement.

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

The entrepreneur can - within the law - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to motivate and to refuse an order or request, motivated or to attach special conditions to the implementation.

Together with the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the entrepreneur's business establishment where the consumer can go with complaints;

the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information about guarantees and existing service after purchase;

the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal When delivering products: When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 30 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.

During the reflection period, the consumer will handle the product and the packaging carefully. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is only liable for the reduction in value of the product that is the result of a way of handling the product that goes further than allowed in paragraph 2.

The consumer is not liable for the reduction in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the reflection period by means of the standard withdrawal form or in another unambiguous manner.

As soon as possible, but within 30 days from the day following the notification referred to in paragraph 5, the consumer will return the product, or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.

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

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for returning the product.

If the consumer withdraws after first explicitly having requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity start during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.

The consumer bears no costs for the performance of services or the supply of water, gas, or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the standard withdrawal form; or

the consumer has not explicitly requested the start of the performance of the service or the supply of gas, water, or electricity, or of district heating during the reflection period.

The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium if:

prior to delivery, he has not explicitly agreed to commence with the performance of the agreement before the end of the reflection period;

he did not acknowledge losing his right of withdrawal when giving his consent; or

the entrepreneur failed to confirm this statement from the consumer.

If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

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

The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.

The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 7 – Consumer Obligations During Cooling-off Period During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 8 - Exclusion of Right of Withdrawal The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products that: a. have been made according to the consumer's specifications by the entrepreneur; b. are clearly of a personal nature; c. cannot be returned due to their nature; d. can quickly deteriorate or age; e. whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control; f. for individual newspapers and magazines; g. for audio and video recordings and computer software, if the consumer has broken the seal; h. for hygienic products, if the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period; b. for which the delivery has started with the express consent of the consumer before the withdrawal period has expired; c. relating to betting and lotteries.

Article 9 - The Price During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. In deviation from the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and the fact that any prices mentioned are indicative will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed to them and: a. they are the result of legal regulations or provisions; or b. the consumer has the right to terminate the contract from the day the price increase takes effect. The prices stated in the offer of products or services include VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Return of the products must be in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

• The consumer has repaired or altered the delivered products themselves or has had them repaired or altered by third parties;
• The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The inadequacy is (partly) the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution The entrepreneur will take the greatest possible care when receiving and implementing orders for products. The place of delivery is the address that the consumer has made known to the company. In accordance with what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be or only partially executed, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation. In case 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 14 days after dissolution. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and an-nounced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing Performance Contracts: Duration, Termination, and Renewal Termination The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, in accordance with agreed termination rules and a notice period of at most one month. The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the definite period, in accordance with agreed termination rules and a notice period of at most one month. The consumer can terminate the agreements mentioned in the previous paragraphs:

• at any time and is not limited to termination at a specific time or in a specific period;
• at least terminate in the same way as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself. Renewal An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period. In deviation from the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of day, news, and week newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer can cancel this extended agreement towards the end of the extension with a notice period of at most one month. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel it at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once per month, delivery of day, news, and week newspapers and magazines. An agreement with limited duration to deliver newspapers, periodicals, and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the commencement of the reflection period referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs which are made known to the consumer in advance.

Article 14 - Complaints Procedure Complaints about the execution of the agreement must be fully and clearly described within 7 days after the consumer has observed the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible to the dispute resolution procedure. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 15 - Disputes The law of the Netherlands exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer is domiciled abroad.