Terms and conditions

Article 1 – Definitions

• We / trader: Afvallen en Afblijven.
• You / customer: the natural person who is not acting in the exercise of a profession or business (consumer) and who enters into a contract with us.
• Plan: a personal nutrition plan and/or workout plan in digital form, created on the basis of the answers in the questionnaire.
• Subscription: a contract under which you periodically (every 4 weeks) receive a new plan for a certain period.
• Single plan: a one-off purchase of one plan for 4 weeks, without a subscription.
• Withdrawal period: the period within which you can exercise your right of withdrawal.
• Durable medium: any means that enables information to be stored in such a way that you can consult it unchanged at a later time, such as email.

Article 2 – Identity of the trader

Afvallen en Afblijven
De Savornin Lohmanlaan 7, 3741 TW Baarn, the Netherlands (not a visiting address)
Email: info@afvallenenafblijven.nl
Chamber of Commerce (KvK) number: 89513908
VAT identification number: NL004738412B27

Article 3 – Applicability

These terms and conditions apply to every offer we make and to every contract concluded via the website afvallenenafblijven.nl. Before the contract is concluded, we make these terms and conditions available to you. You can save and print them. You will also receive them with the confirmation of your order.

Article 4 – The offer

1. The offer contains a complete and accurate description of the plans, the terms and the prices. Obvious mistakes or errors in the offer are not binding on us.
2. Images on the website are illustrative images (stock photos) and do not show the exact content of your plan.
3. A sample plan on the website is an example for a fictional person. Your plan is tailored to your details and may therefore differ.

Article 5 – The contract

1. The contract is concluded at the moment you complete your order and the payment has succeeded or, in the case of a subscription, the SEPA mandate has been given. We will confirm the order by email as soon as possible.
2. You must be at least 18 years old to enter into a contract with us.
3. You are responsible for filling in the questionnaire and the check-ins truthfully, correctly and completely. This applies in particular to the questions about your health (such as pregnancy or breastfeeding, an eating disorder, medical conditions, medication and injuries) and about allergies and intolerances. If anything changes, let us know as soon as possible, for example in your check-in. Your plan is based solely on the information you provide; we do not verify it.
4. Before payment, we carry out an automatic safety check based on your answers. This check is a simple initial screening based on your own answers, not a medical assessment or advice. It only works if you answer the questions truthfully. If your order passes the check, that does not mean a plan is medically responsible for you; you assess that yourself, together with your doctor if necessary (see article 12).
5. We may refuse an order or decline to perform a contract if there are valid reasons for doing so, for example if a plan would not be responsible based on your answers (such as in the case of pregnancy, an eating disorder or underweight). In that case you are entitled to a refund of what you have already paid.

Article 6 – The plans and delivery

1. A plan is put together automatically by our software, based on your answers, our calculations, instructions and quality checks (including on calories, protein and the allergens you tell us about). We do our best to create a careful and suitable plan (obligation of effort).
2. We start on your plan straight after payment and aim to deliver it within 2 hours, and in any case within 2 working days. Delivery takes place via your personal environment "My plans" and an email with a link.
3. With a subscription, you receive a new plan every 4 weeks for as long as the subscription runs. Each period starts on a Monday and lasts 4 weeks; the first period starts straight after your order and runs until the Monday closest to 4 weeks later (25 to 31 days). We create each follow-up plan on the basis of a check-in, in which you tell us about your progress. The check-in opens on the Thursday before the new period; you will then receive an invitation by email and, if necessary, reminders. We create the new plan as soon as you have completed the check-in; it will be ready for you within 2 hours and starts on the Monday of the new period, or immediately if that period has already begun. As long as you have not completed the check-in, we do not create a new plan; the subscription and the monthly payment simply continue and you keep access to your latest plan.
4. A plan is lifestyle advice and not medical advice, a diagnosis or a treatment. See also article 12 and our disclaimer.
5. We do not guarantee any particular result, such as losing a certain number of kilos or gaining a certain amount of muscle mass. You are buying a personal plan and guidance, not a result. Results vary from person to person and depend, among other things, on your body, your health, your circumstances and how you follow the plan. Projections, examples and the expected progress on the website and in My plans are estimates, not promises.

Article 7 – Right of withdrawal

1. In principle, you can withdraw from (dissolve) a distance contract within 14 days of concluding it, without giving any reason.
2. Exception for digital content. A plan is digital content that is not supplied on a tangible medium. When you order, we ask for your express consent to start delivery immediately after payment, and you declare that you are aware that you will thereby lose your right of withdrawal. Your right of withdrawal lapses as soon as we have started delivery (Article 6:230p(g) of the Dutch Civil Code). We confirm your consent in the order confirmation.
3. Insofar as the right of withdrawal still applies (for example if delivery has not yet started), you can withdraw via the withdrawal function on our website, using the model form below or by means of any other unequivocal statement by email or post. We will immediately send you an acknowledgement of receipt on a durable medium.
4. After a valid withdrawal, we will refund all payments within 14 days, using the same payment method you used, unless you expressly agree to a different method. You will not incur any costs for this.
5. Separately from the right of withdrawal, you can always cancel a subscription in accordance with article 9 and the satisfaction guarantee in article 10 applies.

Article 8 – Prices and payment

1. All prices are in euros and include 21% VAT. There are no additional costs.
2. You pay for a subscription monthly, in advance. You pay for the first month when you order, via our payment partner Stripe, with iDEAL | Wero, Bancontact or your IBAN. In doing so, you give a SEPA mandate for recurring direct debits: in the following months, we automatically collect the monthly amount from your account, around the same date as your first payment. Your bank statement will show the debit from Stripe.
3. The monthly amount depends on the minimum term you choose. The monthly amount and the collection date are stated in your order confirmation; this serves as the pre-notification of the monthly direct debit. If the amount changes, we will let you know at least 14 days in advance.
4. You can have a direct debit reversed through your bank within 8 weeks. This does not cancel the subscription and the amount remains due; if you want to stop, cancel in accordance with article 9.
5. You pay for a single plan once, in advance, with iDEAL | Wero, Bancontact, credit card or another method offered.
6. If a direct debit fails, we will try again and you will receive a message. If payment is still not received, we may suspend the delivery of new plans until the payment has been received.
7. A promotional discount (such as a Black Friday offer) only applies for the period and under the conditions stated with the promotion, usually only for the first month.
8. We may change the prices of a subscription. We will announce a price increase at least 30 days in advance. You may then cancel the subscription free of charge with effect from the date on which the increase takes effect. We will not pass on a price increase within 3 months of the contract being concluded, unless the law permits this.

Article 9 – Duration, renewal and cancellation of subscriptions

1. When you order, you choose a monthly subscription, or a subscription with a minimum term of 3, 6 or 12 months at a lower monthly price. In that case, too, you pay monthly.
2. After the minimum term, the subscription automatically continues for an indefinite period, at the same monthly price. You can then cancel it at any time, with a notice period of no more than one month.
3. You can cancel a monthly subscription at any time with effect from the end of the current month. If you cancel a subscription with a minimum term during that term, it continues (and you pay the remaining months) until the end of the minimum term, and then stops.
4. You cancel online, in the same simple way in which you took out the subscription: via "My plans" or via the cancel subscription page. You can also cancel by email. We will confirm the cancellation and the end date by email. After the end date, we will not collect any further payments.
5. After the subscription ends, you keep access to the plans you have already received.
6. We may terminate a subscription with a notice period of at least one month, for example if we discontinue the service. We will refund anything you have already paid for the period after the termination.

Article 10 – Satisfaction guarantee

1. If you are not satisfied, you can request a refund within 14 days of your first purchase (up to and including day 14 after the order date), without giving a reason. You can do this in My plans, on the Subscription tab, or by email to info@afvallenenafblijven.nl. We will then refund the full amount of your first payment within 2 working days and end the subscription immediately.
2. The guarantee applies once per customer and only to the first payment, not to later instalments or renewals.
3. The guarantee concerns your satisfaction with our service. It is not a guarantee of any particular result (see article 6).
4. This guarantee is in addition to your statutory rights and does not limit them.

Article 11 – Use and intellectual property

1. Your plan is intended exclusively for personal, non-commercial use.
2. You may not sell, publish or distribute on a large scale any plans, texts or other content from the website without our written permission.
3. Your personal login link is confidential; do not share it with others.

Article 12 – Health and personal responsibility

1. Consult a doctor before starting a new nutrition or workout plan if you have a medical condition, take medication, are over 65, or are unsure whether it is responsible for you. The safety check (article 5) and the checks on your plan do not replace advice from a doctor, dietitian or other healthcare professional.
2. Stop training and consult a doctor or physiotherapist if you experience pain, dizziness, shortness of breath or other symptoms while training.
3. Allergies and intolerances. You tell us which allergies and intolerances you have. In your plan, we only take into account what you have told us, and we check every nutrition plan for it. However, we cannot guarantee that a plan, dish or product is free from an allergen or traces of it: recipes differ between brands and supermarkets and may change. You are therefore responsible for checking the ingredients and labels of all products you buy and use. If in doubt, do not use the product.
4. You follow a plan, and choose which products you buy and use, at your own responsibility, within the limits of what is reasonable and subject to article 13.

Article 13 – Liability

1. Our liability is limited to the amount you paid us in the 12 months preceding the event that caused the damage.
2. We are not liable for damage resulting from you having entered incorrect or incomplete information (for example about your health, allergies or intolerances), from you not having passed on changes, from you not having checked the ingredients and labels yourself, or from you not following the advice in article 12.
3. These limitations do not apply in the event of intent or deliberate recklessness on our part, and do not affect your mandatory statutory rights as a consumer.

Article 14 – Conformity

We guarantee that the plans conform to the contract, the description on the website and reasonable expectations. If a plan does not conform (for example because it contains a product you have listed as an allergy), please let us know. We will then create an adjusted plan free of charge. If that is not possible, you are entitled to an appropriate price reduction or to termination of the contract, in accordance with the law.

Article 15 – Complaints

1. Do you have a complaint? Send it as soon as possible, fully and clearly described, to info@afvallenenafblijven.nl.
2. We will acknowledge your complaint within 2 working days and give a substantive response within 14 days. If we need more time, we will let you know, with an indication of when you will receive a response.
3. If we cannot resolve the matter together, you can submit the dispute to the competent court. As a consumer, you can also choose the court of your own place of residence.

Article 16 – Personal data

We process your personal data, including health data, with care and only with your explicit consent. You can read more about this in our privacy policy.

Article 17 – Changes and applicable law

1. We may change these terms and conditions. We will announce changes that are unfavourable to you at least 30 days in advance; you may then cancel a subscription free of charge with effect from the date on which they take effect.
2. All contracts are governed by Dutch law.

Annex – Model withdrawal form

Only complete and return this form if you want to withdraw from the contract. Withdrawing online is quicker via the withdrawal function.