Terms and Conditions

1. Definitions

“FoodMyDay” (hereinafter is also referred to as “we”) is located at Vink 28, 8121LA Olst, (Chamber of Commerce number 93457960, bank account number NL96RABO 0198452470 in the name of Y.Filimonchuk).

FoodMyDay sells and delivers weekly meal sets containing ready-made frozen meals based on a flexible membership.

In addition, members can access our Recipe Generation Tool to get recipe suggestions based on their preferences and personal goals.

FoodMyDay can also offer gift vouchers, unique meal sets (such as the trial set) and vouchers and discount codes.

The meal sets based on a membership, additional products, and/or gift vouchers, vouchers and discount codes will hereinafter also be referred to as the “products” or “agreements”.

“Customer” (hereinafter is also referred to as “you”) who wishes to use the FoodMyDay’s services declares, by placing his order via the website https://www.foodmyday.com” (hereinafter: the “Website”), that he/she is expressly acting in his/her capacity as a consumer, ie not in the capacity of a trader or for any professional use. The Customer also declares that he/she is 18 years or older.

2. Applicability

These general terms and conditions apply to all agreements (including memberships and separate orders) that FoodMyDay concludes with customers via the Website.

We reserve the right to change these terms and conditions. We will inform you at least seven (7) days in advance of any proposed changes. If you object to the amended general terms and conditions, you have the option to terminate your agreement, in which case you can cancel your agreement via your account or via one of our contact options that you can find on our website (https://www.foodmyday.com/contact), taking into account the deadline for changes, pausing, canceling and revoking which can be consulted via the Frequently Asked Questions or via your account (hereinafter referred to as: the “deadline for changes”). However, if you do not terminate or cancel the agreement (in a timely manner), and you continue to use our products from the announced effective date of the amended general terms and conditions, the amended general terms and conditions will apply to your agreement from that moment on.

3. The offer

The products and/or services offered, including the stated prices, constitute a non-binding offer that can be accepted by you. The offer is valid while stocks last and can be changed at any time.

Our offer contains the most complete and accurate description of the products and/or services offered. However, we cannot prevent mistakes from being made and we note that FoodMyDay is not liable in the event of apparent errors in the offer. Images are for illustrative purposes only and the packaging delivered may differ in images from the product illustrated online.

Our offer is aimed at end consumers in the Netherlands. The ordered products, such as our meal sets, gift voucher(s) and/or other services, are expressly not intended for resale. Therefore, only household size orders will be accepted.

4. Conclusion of agreement

An order can be placed via the Website by following the provided steps.

To place an order, we ask you to create an account to manage your order and preferences and so that you can place orders more quickly and easily in the future. You can indicate your meal preferences in your account. If you do not change your meal preferences in a timely manner taking into account the deadline for changes, your meals will be selected automatically. You can also add various additional products and/or extra meals to your order in your account at an additional cost.

After creating an account, you can complete and confirm the online order form made available by FoodMyDay in the ordering procedure. Upon confirmation of the order, payment will be requested according to the specified payment method. By completing the online order form you submit a quotation to FoodMyDay. Receipt of the submitted quotation is immediately confirmed electronically. However, this order confirmation does not automatically constitute acceptance of the quotation and an agreement is not immediately concluded.

FoodMyDay reserves the right to refuse to accept the quotation without giving reasons until the deadline for changes . A right to delivery of the ordered meal sets and/or other ordered services arises after the deadline for changes and after acceptance by FoodMyDay. In any case, FoodMyDay may refuse to accept a quotation if at least one of the following situations arise:

if the order is not fully paid;
in the event of stock depletion or an item being no longer available;
if an incorrect offer is determined;
to a delivery address outside the Netherlands;
in case of force majeure.

An agreement can be entered into for an indefinite or fixed period.

To create a FoodMyDay account and place an order, you must be eighteen (18) years or older. FoodMyDay does not sell or supply products to persons under the age of eighteen (18).

Order processing and communication usually take place via e-mail and automated order processing. You must ensure that the e-mail address provided by you for order fulfillment is correct so that you can receive e-mails sent by FoodMyDay (or by third parties that act on behalf of FoodMyDay) at that address.

5. Your obligations

All information that you provide to FoodMyDay at any time, for example during the ordering process, must be current and truthful. Your password may not be passed on to third parties. You must keep the password safe and protected from unauthorized persons and notify us of any loss or disclosure. You bear full responsibility for misuse, for example any unlawful order with your password by third parties and the resulting claims. FoodMyDay is not liable for any damage resulting from incorrect information and/or loss of your password and you indemnify FoodMyDay against any claims from third parties.

You are obliged to carefully read and observe the product labels, product and usage instructions and warnings accompanying the delivered products. FoodMyDay is not liable for any damage caused by failure to follow product labels, product and user instructions and warnings and you indemnify FoodMyDay against any claims from third parties.

You acknowledge that you have read the delivery instructions in Article 6 (Delivery) and that you will take all necessary measures to comply with these instructions.

Meal sets returned due to failure to comply with the delivery instructions will not be refunded.

6. Delivery

The delivery time windows as stated in the customer account on the Website and in the confirmation email are indicative. The delivery day and/or the time window you choose may differ due to unforeseen circumstances, force majeure or in connection with public holidays.

In certain cases, FoodMyDay may charge additional costs for delivery in a specific time window. Additional costs charged for the delivery of the products you ordered are always communicated in advance when choosing the time window.

The day before delivery, you will receive a push notification and an email indicating a more accurate delivery time during your chosen time window. We reserve the right to deliver your products with a deviation of thirty (30) minutes. Unfortunately, we cannot guarantee delivery times. If we are late, we are not liable for late deliveries.

You may be able to request a new delivery the same day or the day after, but this always depends on available resources.

We deliver to the address that you specified as the delivery address in your customer account on our Website. The ordered products can only be delivered to an accessible address in the Netherlands, and not to a PO box. An address change takes effect for delivery if you notify us before the deadline for changes.

You are obliged to ensure that personal delivery of the products is possible at the delivery address you specified and during the time window you specified. Should delivery not be possible, you will be in default in terms of acceptance; any costs and damages will be your responsibility.

If personal delivery of the products is not possible, the contract can be fulfilled by:

Offering the products to neighbors;
Offering the products to an alternative address that you have previously communicated in your account or via customer service. You can communicate this through your customer account in the comments about delivery. This alternative delivery address must be within the same zip code or no further than a 5-minute drive from the original delivery address.

These delivery methods are entirely at your own risk. FoodMyDay cannot be held responsible for any damage, deterioration or disappearance of products.

The delivery comment is not binding and FoodMyDay may deviate from it, for example in case of (extreme) weather conditions where the quality of the products can no longer be guaranteed or in other cases of force majeure.

You or your representative must check the order immediately upon receipt. If it is not complete, damaged or not frozen, it must be reported to us immediately.

7. Prices

All prices include VAT. Additional delivery costs or other administrative costs will be stated separately per item or in communication with you.

Specific or additional products such as add-ons are subject to a surcharge. Additional prices are listed and will be charged upon storing your chosen products.

The available payment methods are communicated to you on the Website. FoodMyDay's claims are immediately due and payable. You are obliged to pay within the agreed payment term.

FoodMyDay is entitled to adjust the prices at any time, on the understanding that we will inform you at least fourteen (14) days in advance. If you object to the changed price, you have the option to terminate or cancel the agreement, for example by using the contact option via our website (https://www.foodmyday.com/contact), taking into account the deadline for changes . However, if you do not terminate or cancel the agreement, and you continue to use our products and/or services from the announced effective date of the changed price, the changed prices will apply to the agreement from that moment on.

If you wish to receive weekly meal sets based on a membership again after cancellation, you will pay the (new) prices applicable at that time.

8. Payment

Orders will be charged to the payment method you specify.

It is your responsibility to ensure that your payment method details are valid and up to date.

It is your responsibility to ensure that you have sufficient funds in your bank account at the time of payment.

If a payment order cannot be processed due to insufficient funds, incorrect or outdated payment details and/or other disputes, FoodMyDay will attempt to make the payment again. We reserve the right to retry payment using your chosen payment method to collect the outstanding amount.

If you applied for a membership plan, you will automatically be charged further for subsequent orders, unless the communicated deadline for changing the order or delivery data or for interruption or cancellation is not respected. The payment method can be viewed and changed if necessary in the customer account.

FoodMyDay is entitled to suspend the execution of the agreement, such as the delivery of meal sets, if and as long as you as a customer have not (fully) met your payment obligations.

9. Pause and cancel

FoodMyDay orders the products for the purposes of your agreement on a weekly basis prior to delivery.

In all cases, pausing and canceling, in order to prevent the order (and therefore delivery and a payment obligation) of the next meal set and any additional products, you must pause or cancel the agreement before the deadline for changes.

If you pause or cancel the agreement before the deadline for changes, you will not receive any products in the following week.

You can pause an agreement at any time. This means that in a certain week you let the delivery of your products drop out. Delivery will resume the following week unless you pause again. The notification about the suspension of your agreement must be made through your account before the deadline for changes.

If you have entered into a membership that includes the weekly delivery of the meal set, we call this an agreement for an indefinite period. In this case orders are automatically repeated according to the chosen delivery interval. You can cancel an indefinite period agreement at any time. You must communicate the cancellation of your agreement via your account before the deadline for changes . The termination of the agreement will then become effective.

If you order another additional product or a one-time meal set, this constitutes a fixed-term agreement. An agreement entered into for a fixed period is not automatically extended but ends automatically. If you have ordered a one-time additional product or a one-time meal set, but you do not want to receive it, you must communicate the cancellation of your order via your account before the deadline for changes . The termination of the fixed-term agreement will then definitively take effect.

You can cancel the agreement in the same way as it was entered into; In addition, you can always cancel via one of our contact options on our website (https://www.foodmyday.com/contact) or via your online account.

10. Vouchers, discount codes, gift vouchers

FoodMyDay offers gift vouchers, discount codes and other variants of vouchers, which require activation by email, so that FoodMyDay customers can receive products. Once the voucher has been redeemed via the website, it can no longer be used or is invalid.

A free meal set and/or discount offered is intended to give new customers the opportunity to try out FoodMyDay. Discount codes and vouchers only apply to a new membership at FoodMyDay, unless explicitly stated otherwise, such as a discount intended for former customers. If you already have an existing membership, you cannot redeem the discount code and/or voucher. It is possible to redeem a discount only once per household. Only one account is allowed per household.

FoodMyDay determines at its own discretion whether someone is eligible for a free meal set and/or discount and may limit the conditions or duration to prevent misuse of the free meal sets and/or discounts. We carry out checks per household to prevent misuse of the free meal sets and/or discounts. Based on the data used for an existing or recent agreement, such as your name, telephone number, delivery address, e-mail address and/or payment method, we can determine whether you are eligible for the free meal set and/or discount.

Some products and/or services may be excluded from the discount, such as products at an additional price, one-off products, unless expressly stated otherwise.

Discount codes and vouchers can only be redeemed on the FoodMyDay website and can only be used once. The discount codes and vouchers cannot be combined with other offers and cannot be exchanged for cash. Also remember that some discount codes are only valid on certain types of products.

Any (attempted) fraud or other unauthorized actions will be recorded and will result in the use of the free trial period and/or discount codes being denied. FoodMyDay has the right to withdraw or invalidate discount codes and vouchers if it deems this necessary for any reason.

11. FoodMyDay’s liability

FoodMyDay is only be liable for property damage and/or personal injury suffered by the customer if such damage was caused as a direct and exclusive consequence of the non-fulfillment of an obligation of FoodMyDay, or in case of intent or deliberate recklessness of FoodMyDay or its employees, on the understanding that only that damage qualifies for compensation, which FoodMyDay is insured against, or should have been insured against in all reasonableness and fairness.

Liability of FoodMyDay for indirect damage, including consequential damage, lost profit or income, missed savings et cetera, is excluded.

FoodMyDay is never liable for any damage resulting from incorrect information you provide to us and/or the loss of your password, and you indemnify FoodMyDay against any claims from third parties.

FoodMyDay is never liable for any damage resulting from failure to follow product and user instructions and warnings given by FoodMyDay, and you indemnify FoodMyDay against any claims from third parties.

FoodMyDay is never liable for damage resulting from force majeure, including, but not limited to: strike, illness, fire, disruptions at FoodMyDay or its suppliers, transport problems, weather conditions, violence, riots or actions of police and/or fire brigade. Force majeure also includes such unforeseen circumstances at third parties that FoodMyDay uses in the execution of the agreement.

The liability regulations in the previous paragraphs also apply to (personal) liability of directors, employees and auxiliary persons of FoodMyDay. They can rely on this.

12. Limitation of liability for third-party generated content

Our Website may utilize third-party services to generate meal recipes based on the preferences provided by users. While we strive to provide accurate and helpful content, we cannot guarantee the precision, reliability, or safety of any data received from these third-party sources, nor can we ensure that the generated recipes will meet individual dietary needs, restrictions, or preferences.

By using our Website and accessing the meal recipes generated through third-party services, you acknowledge and agree that:

No guarantee of accuracy: We do not warrant or guarantee the accuracy, completeness, or reliability of any information provided by third-party services, including but not limited to ingredient lists, nutritional information, or cooking instructions.
Personal responsibility: Users are solely responsible for assessing the suitability, safety, and nutritional adequacy of any recipe generated through our Website, taking into consideration their own dietary needs, allergies, and health conditions. It is recommended that users consult with a qualified healthcare professional or nutritionist before making dietary changes based on the recipes provided.
Assumption of risk: Users understand and accept that they assume all risks associated with the preparation and consumption of meals based on the recipes provided through our Website, including but not limited to the risk of allergic reactions, foodborne illness, or other adverse health effects.
Limitation of liability: In no event shall our company, its affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way connected with the use of our Website or reliance on the content generated through third-party services, even if advised of the possibility of such damages.
Indemnification: Users agree to indemnify and hold harmless our company and its affiliates from any claims, losses, liabilities, damages, costs, or expenses (including attorneys' fees) arising out of or related to their use of our Website or reliance on third-party generated content.

By continuing to use our Website, you acknowledge that you have read, understood, and agreed to be bound by these terms regarding third-party generated content.

13. Privacy

We process your personal data when processing an order. To inform you about what happens to your personal data, we use a privacy statement that you can find on our website or via https://www.foodmyday.com/privacy-policy. Questions about how FoodMyDay handles your personal data can be sent to privacy@foodmyday.com.

If you place an order, FoodMyDay uses your email address to offer you similar products and services by email. If you no longer wish to receive newsletters, you can unsubscribe or change your preferences at any time. This can be done via the link at the bottom of the emails or via our customer service. You can also unsubscribe via the settings in your customer account. More information about email marketing and the use of your personal data in our other marketing channels can be found at https://www.foodmyday.com/privacy-policy.

14. Warranty

Only the legal warranty applies to the ordered items, except for the deviating modalities below.

The warranty for the perishable products applies only during the best-before date as indicated on the packaging.

Except in the case of mandatory legal provisions, FoodMyDay is not liable for any damage (directly or indirectly) caused by the delivered products. The warranty also does not apply in the event that the products are incorporated into other products.

15. Complaints

In case of obvious transport damage to the products, you are requested to complain to the delivery person upon delivery and inform FoodMyDay about it. If you do not comply with this, this will not affect your legal or contractual warranty claims.

Quality is top priority to FoodMyDay and we do everything we can to prevent complaints. If you have any questions or complaints, you can contact us via one of the options that you can find on our website (https://www.foodmyday.com/contact). We will work with you to find a suitable solution. We will provide a substantive response to the submitted complaint within five (5) working days.

16. Withdrawal

In accordance with Article 6:230o and 6:230p of the Dutch Civil Code (BW), you cannot use the right of withdrawal of fourteen (14) days for products that cannot be returned due to their nature or whose expiration date quickly expires.

17. Intellectual Property

Our website and services are protected by intellectual property rights. The rights to logos, software, texts and images, for example, belong to FoodMyDay and/or to those from whom we have received a license. It is not permitted to publish, reproduce and/or edit parts of our website or services without our express permission, other than for personal use.

18. Fraud

We reserve the right to investigate any accounts we suspect of erroneous or fraudulent activity.

We reserve the right to block or terminate your order, membership and/or account following incorrect or fraudulent activity.