In these terms and conditions, the following definitions apply:
| Trade name | FineBites |
| Legal form | Sole proprietorship, Stefan Wagemans trading as FineBites |
| Business address | Het Wielsem 12 E, 5231 BW 's-Hertogenbosch, The Netherlands |
| contact@finebites.eu | |
| Chamber of Commerce (KvK) no. | 91527163 |
| VAT identification number | NL004894707B66 |
3.1 These terms and conditions apply to every offer made by the trader, to every pre-order, and to every distance contract formed between trader and consumer via the website.
3.2 Before a pre-order is placed, the text of these terms and conditions is made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable medium. The terms can also be consulted permanently at finebites.eu/en/terms.
3.3 Deviation from these terms is only possible if the parties have expressly agreed to this in writing (which includes by email).
3.4 If one or more provisions of these terms and conditions prove to be void or voidable, the remaining provisions shall remain in full force. In that case, the parties will consult to agree on a replacement provision that approximates the purpose and intent of the original provision as closely as possible.
4.1 At the time of writing, FineBites is in the pre-order phase: the products are not yet in production and are not yet available for delivery. Via the website, the consumer can place a pre-order entirely free of charge and without obligation, by providing their name, email address and the desired number of bags per flavor.
4.2 A pre-order is a reservation and not an irrevocable purchase agreement. No payment is requested or processed when placing a pre-order. The consumer cannot derive any right to actual delivery from a pre-order.
4.3 The trader aims to start production once a minimum production volume of reservations per flavor has been reached. If this minimum volume is not reached within a reasonable period, the trader reserves the right to cancel or extend the pre-order round. Consumers will be informed of this by email. Since no payment has taken place, no financial obligation whatsoever arises for the consumer in that case, and the trader owes no compensation.
4.4 Once production and delivery are confirmed, the consumer receives a final order confirmation by email containing at least: the products and quantities ordered, the total price including VAT, the expected delivery time, and the method of payment. At that point the contract is formed as described in article 5.
4.5 The consumer may withdraw a placed pre-order at any time, free of charge and without giving reasons, by sending an email to contact@finebites.eu, as long as no final order confirmation as referred to in paragraph 4 has yet been sent.
4.6 The offer on the website contains a description of the products that is as complete and accurate as possible, including the ingredients list, allergen information, nutritional values and Nutri-Score. Obvious mistakes or errors in the offer do not bind the trader.
5.1 The contract is formed at the moment the trader sends the final order confirmation referred to in article 4.4 to the consumer, or – if no separate order confirmation is sent – at the moment of actual delivery of the products.
5.2 The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible formation of the contract. If, based on this review, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or attach special conditions to its performance.
6.1 For products, the following applies: the consumer may cancel a contract relating to the purchase of a product during a withdrawal period of 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).
6.2 The withdrawal period referred to in paragraph 1 starts on the day after the product is received by the consumer, or by a third party designated in advance by the consumer.
6.3 During the withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle here is: "handle it as you would in a shop".
6.4 See article 8 for an important exception to the right of withdrawal that applies specifically to the sealed packaging of FineBites products.
6.5 If the consumer wishes to exercise their right of withdrawal, they must notify the trader of this within the withdrawal period by means of an unambiguous statement (for example, by email to contact@finebites.eu). The consumer must return the product as soon as possible, but no later than 14 days after this notification.
7.1 If the consumer exercises their right of withdrawal, the costs of returning the product are borne by the consumer.
7.2 If the consumer has already made a payment, the trader will refund this amount, including any standard shipping costs, as soon as possible and in any case within 14 days after dissolution of the contract. The trader may withhold reimbursement until it has received the product back, or until the consumer has demonstrated that they have returned the product, whichever comes first.
7.3 The trader uses the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
7.4 If the value of the product has diminished upon return due to careless handling or use beyond what is permitted under article 6.3, the consumer is liable for this reduction in value.
8.1 Sealed packaging for hygiene reasons. FineBites products are delivered in a sealed foil bag. This seal is applied to protect food safety and hygiene. Under Section 6:230p, opening clause and under (e), of the Dutch Civil Code (Burgerlijk Wetboek), the right of withdrawal is excluded once the seal of the bag has been broken after delivery. As long as the seal of the bag is intact, the consumer may fully exercise the regular right of withdrawal under article 6.
8.2 The trader points out to the consumer that breaking the seal before the withdrawal period has expired means that the right of withdrawal for that product lapses.
9.1 All prices stated by the trader are in euros and include VAT.
9.2 The founding member price communicated during the pre-order phase applies as described on the website at the time of the pre-order, including any duration (for example: the first year after delivery) of that price arrangement. The trader will honor this commitment for consumers who registered as a founding member, even if the regular price changes afterwards.
9.3 For other orders not tied to a founding member commitment, the trader reserves the right to change prices. Price changes affecting a contract already formed (article 5) are not applied retroactively.
10.1 Payment is made on delivery (cash/pay-on-delivery model), unless expressly stated otherwise on the website or in the order confirmation. No payment is charged or reserved when placing a pre-order.
10.2 Once the trader switches to a different payment method (for example, prepayment via an online payment method), this will be clearly communicated to the consumer before a contract as referred to in article 5 is formed, and these terms will be updated accordingly.
10.3 The consumer must promptly report inaccuracies in payment details provided or stated to the trader.
11.1 The place of delivery is the address that the consumer has provided to the trader.
11.2 Stated delivery times are indicative and are communicated as accurately as possible, particularly given that this concerns the very first production batch of a new product. The trader is not liable for delay resulting from circumstances beyond its reasonable control (see also article 15, Force majeure).
11.3 If delivery of an ordered product proves impossible, the trader will make an effort to deliver a replacement product, or otherwise inform the consumer and promptly refund any amounts already paid, no later than within 14 days.
11.4 The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer, unless expressly agreed otherwise.
12.1 The trader guarantees that the products comply with the contract, the specifications stated on the website, reasonable requirements of soundness, and the best-before date stated on the packaging.
12.2 The products are manufactured at an IFS- and BRCGS-certified production facility in the Netherlands. Full and up-to-date ingredient, allergen and nutritional information is stated on the packaging and on the website. It is the consumer's responsibility to consult this information, in particular in the case of allergies, intolerances or specific dietary needs. The products contain gluten.
12.3 Stated Nutri-Score, nutritional and health claims are based on the trader's product specifications and are checked periodically. If a consumer notices a discrepancy between the product information and the product actually delivered, they are requested to report this via article 13.
12.4 Any claim of non-conformity must be reported by the consumer to the trader as soon as possible, but no later than within two months of discovery.
13.1 Complaints about the performance of the contract, the products or the website must be submitted to the trader fully and clearly described, via contact@finebites.eu.
13.2 Complaints submitted to the trader will be answered in substance within a period of 14 days, counted from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within this period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
13.3 Complaints about a product should, where possible, be accompanied by photos and the best-before/batch details on the packaging, so that the complaint can be properly traced.
13.4 If the parties are unable to resolve a matter between themselves, the consumer is free to turn to the competent Dutch court (see article 17) or to make use of the European ODR platform, see article 17.3.
14.1 The trader's liability for damage arising from or related to the performance of a contract is, to the extent permitted by law, limited to a maximum of the invoice amount of the relevant order, with a maximum of €250 per event or series of related events.
14.2 The trader is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
14.3 The limitations in this article do not apply to the extent that the damage results from intent or deliberate recklessness on the part of the trader, or insofar as there is death or personal injury, or insofar as mandatory consumer law prescribes further-reaching liability (including statutory product liability for defective products).
14.4 Nothing in these terms limits or excludes liability to the extent that this is not permitted under mandatory law.
15.1 The trader is not obliged to fulfil any obligation towards the consumer if it is prevented from doing so as a result of a circumstance that is not due to its fault, and that is not attributable to it by law, a legal act, or generally accepted standards.
15.2 Force majeure under these terms also includes: problems at suppliers or the production facility, disruptions in the (food) production chain, transport problems, strikes, and government measures that hinder production or delivery of the products.
15.3 Insofar as the force majeure situation lasts longer than three months, both parties have the right to dissolve the contract in writing. Amounts already paid by the consumer will in that case be refunded proportionally.
16.1 All intellectual property rights to the website, the FineBites brand name, logos, product and packaging designs, texts, images and other content belong exclusively to the trader or its licensors.
16.2 It is not permitted, without the trader's prior written consent, to copy, distribute or otherwise use material from the website or the FineBites brand identity, other than for personal, non-commercial use (including sharing a link to the website).
17.1 Dutch law exclusively applies to all contracts between the trader and the consumer to which these terms and conditions relate, even if the consumer resides abroad. The applicability of mandatory consumer protection provisions of the country where the consumer has their habitual residence remains unaffected, insofar as those provisions offer the consumer a higher level of protection.
17.2 Disputes between consumer and trader that cannot be resolved by mutual agreement will be submitted to the competent court in the Netherlands.
17.3 Consumers within the European Union can also file a complaint via the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr. The trader's email address for this platform is contact@finebites.eu.
18.1 The trader may amend these terms and conditions from time to time. The most current version can always be consulted via the website, with the date of the last change stated at the top of this page.
18.2 A pre-order or contract formed before a change will remain subject to the version of the terms that applied at the time of formation, unless the change is in the consumer's favor or is legally required.
For questions, comments or complaints, please contact:
FineBites (Stefan Wagemans)
Het Wielsem 12 E, 5231 BW 's-Hertogenbosch, The Netherlands
Email: contact@finebites.eu
KvK: 91527163 · VAT: NL004894707B66