GENERAL TERMS AND CONDITIONS OF HELLOFRESH BENELUX B.V.

General terms and conditions HelloFresh

Legal disclaimer : The English translation provided herein is for informational purposes only. In the event of any conflict or inconsistency between the English translation and the original text in its source language, the original language version shall govern and take precedence.
1. Who are we?
(1) HelloFresh Benelux B.V. is located at Spaklerweg 50-52, 1114 AE Amsterdam-Duivendrecht, Netherlands (Chamber of Commerce number: 54601312, VAT identification number: NL851367227B01), hereafter referred to as "HelloFresh" or "we".

(2) HelloFresh sells and delivers weekly meal kits on a flexible subscription basis. Additionally, you can order various (additional) fresh products, like fruit boxes and soups, each week with your subscription.

(3) HelloFresh also sells gift cards, one-time meal kits (such as trial boxes), and offers vouchers and discount codes.

(4) The subscription-based meal kits, additional fresh products, and/or gift cards, vouchers, and discount codes will be collectively referred to as "products" or "agreements".
2. Applicability
(1) These terms apply to all agreements (including subscriptions and separate orders) made with HelloFresh and customers, hereafter referred to as "customer" or "you".

(2) We reserve the right to change these terms. Any proposed changes will be communicated to you at least seven (7) days in advance. If you object, you can terminate your agreement via your HelloFresh account or through our contact options on our website (https://www.hellofresh.nl/contact-page/), respecting the deadline for changes, pausing, cancelling and revoking which can be consulted via the FAQ or via your account (hereinafter referred to as: the ‘deadline for changes’). If you do not cancel your subscription in time and continue using our products after the new terms take effect, the changed terms will apply.
3. The offer
(1) The products or services offered, including the prices indicated, are considered non-binding offers that you can accept.

(2) Our offer includes a comprehensive and accurate description of the products/services. However, HelloFresh cannot be held responsible for any apparent mistakes in the descriptions of the Products and services offered.

(3) Our offer is aimed at end-users in the Netherlands. Ordered products, like our meal kits, gift cards, and/or other services, are not for resale. Only household-sized orders are accepted.
4. Conclusion of agreement
(1) To place an order, you must create an account so that we can to manage your order and preferences. This will also allow you to place future orders more quickly and easily. Specify your meal preferences in your account. If you don't select meals or change preferences by the change deadline, meals will be auto-selected. You can also add various products and/or extra meals for an additional charge in your account.

(2) After creating an account, you can fill in and confirm the online order form provided by HelloFresh as part of the ordering process. By completing the online order form, you submit an offer to HelloFresh, the receipt of which is immediately confirmed electronically. However, this order confirmation does not automatically constitute the agreement to the offer and no contract is concluded directly.

(3) HelloFresh reserves the right to reject the offer without reason until the change deadline. The right to deliver the ordered meal kits/services arises after the change deadline and acceptance by HelloFresh. HelloFresh may refuse any offer under circumstances described in Articles 3.3 and 13.2.

(4) Agreements can be indefinite or for a specific time.

(5) To create a HelloFresh account and place an order, you must be eighteen (18) years or older. HelloFresh does not sell or deliver products to minors.

(6) Occasionally, HelloFresh may surprise you with extra products like samples or third-party offers. However, you cannot claim rights from receiving these extras, even if promoted through our channels/social media.
5. Your Obligations
(1) All information you provide to HelloFresh at any time, such as during the ordering process, must be accurate and truthful. Your password must not be shared with third parties. You must keep the password secure and protected from unauthorized access and inform us in writing of any loss or sharing. You are fully responsible for any misuse, such as unauthorized orders using your password by third parties, and the resulting claims. HelloFresh is not liable for any damage resulting from incorrect information and/or loss of your password, and you indemnify HelloFresh against any third-party claims.

(2) You are required to carefully read and observe the product labels, instructions, and warnings provided with the delivered products. HelloFresh is not liable for any damage resulting from not following product labels, instructions, and warnings, and you indemnify HelloFresh against any third-party claims.
6. Delivery
(1) The delivery time windows, as indicated in the customer account on the website, in the app, and in the confirmation email, are indicative. The delivery day and/or time window you have chosen may vary due to unforeseen circumstances, force majeure, or holidays.

(2) In certain cases, HelloFresh may charge extra for delivery within a specific time window. Extra costs incurred for the delivery of the products you ordered will always be communicated in advance when choosing the time window.

(3) 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.

(4) We reserve the right to deliver only after 50% of the total amount of the order has been paid. When prepayment is required, you cannot claim any rights regarding the execution of the order until the prepayment has been made.

(5)We deliver everywhere in the Netherlands. If the agreement involves a gift card, voucher, or discount code, it will be sent via email.

(6) We deliver to the address you have specified in your customer account on our website as the delivery address. An address change takes effect for the delivery when you notify us before the change deadline.

(7) You must ensure that personal delivery of the products is possible at the specified delivery address and during the specified time window. If delivery is not possible, you are in default regarding acceptance; any costs or damages are your responsibility.

(8) If personal delivery of the products is not possible, the agreement can be fulfilled by offering the products to neighbors or placing them at the front door. You can specify this as a delivery note in your customer account. Delivery in this manner is entirely at your risk, and HelloFresh is not responsible for the possible spoilage or disappearance of the products. The delivery note is not binding, and HelloFresh may deviate from it, for example, in the case of (extreme) weather conditions where the quality of the products can no longer be guaranteed or in other force majeure cases (§11(5)).

(9) For deliveries of orders containing alcohol (< 15%), we always reserve the right to request valid identification if there is doubt about the age of the person to whom the order is delivered. Age verification applies at least to persons up to 25 years old. Valid identification includes a national passport and a European identity card. If the minimum age requirement cannot be met, our delivery person is entitled to take back the order or not to deliver it.
7. Prices and Shipping Costs
(1) Prices include sales tax and shipping costs within the Netherlands, unless stated otherwise.

(2) For certain and/or additional products, such as An additional charge applies to (additional) (fresh) products (such as the Fruit Box) and Premium dishes. Additional prices are listed and will be charged upon storing your chosen products.

(3) HelloFresh's claims are immediately due and payable.

(4) For payment you can only use the payment options agreed and indicated when placing the order. . You are obliged to pay within the agreed payment term.

(5) HelloFresh is entitled to adjust the prices at any time, on the understanding that we will notify you at least fourteen (14) days in advance. will inform you about this. 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.hellofresh.nl/contact-page/), 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.

(6) If you wish to receive weekly meal boxes based on a membership again after cancellation, you will pay the (new) prices applicable at that time. (1) Prices include VAT and shipping costs within the Netherlands unless otherwise stated.

(2) For certain and/or additional products, such as (additional) fresh products (like the Fruitbox) and Premium dishes, a surcharge applies. The additional prices are listed and charged when saving the products you have chosen.

(3) The claims of HelloFresh are due immediately

(4) Payments can only be made using the payment methods agreed upon and specified at the time of the order. You are required to pay within the agreed payment term.

(5) HelloFresh is entitled to adjust prices at any time, provided that we notify 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 on our website (https://www.hellofresh.nl/contact-page/), respecting the change deadline. If you do not terminate or cancel the agreement, and you continue using our products/services from the announced effective date of the changed price, the changed prices will apply from that moment on.

(6) If you want to receive weekly meal kits again on a subscription basis after cancellation, you will pay the prevailing (new) prices at that time.
8. Payment
(1) Orders are charged via the payment method you have provided. You can add additional payment methods to your customer account at any time. We use these if the payment via your preferred method does not work.

(2) It is your responsibility to ensure that your payment method details are valid and current. We accept iDeal, Visa, MasterCard, Discover, American Express, PayPal, Apple Pay, and Klarna Pay Later.

(3) If you choose to pay via iDeal during the ordering process, we first verify your payment method, and the full amount is then debited via SEPA direct debit. You also authorize Adyen B.V. and Braintree (acting for HelloFresh) to send recurring SEPA direct debit orders to your bank to debit an amount from your account.

(4) If you choose to pay via PayPal, Apple Pay, or credit card during the order process, the amount will be continuously debited from your PayPal account or credit card.

(5) If you wish to use the HelloFresh Cash service, the terms from Article 1.1 of the special conditions (available at the end of these general terms of sale) apply.

(6) It is your responsibility to ensure that you have sufficient balance in your bank account at the time of payment.

(7) If you disagree with a SEPA direct debit as referred to in §8(3) or a payment via PayPal or credit card as referred to in §8(4), you can have it reversed under the conditions agreed upon between you and your bank. Contact your bank within eight (8) weeks after the debit. Ask the bank for the conditions.

(8) If you pay with Klarna Pay Later, you always receive the products first and have a payment term of fourteen (14) days. With Klarna Pay Later, delivery to an address different from the specified billing address is not possible. More information and the full terms of Klarna Pay Later can be found at https://www.klarna.com/nl/voorwaarden/. No payment details are needed with Klarna Pay Later.

(9) If a payment order cannot be executed due to insufficient balance, incorrect or outdated payment details, and/or other disputes, orders can still be delivered. In such cases, HelloFresh will retry the payment. We reserve the right to recover the outstanding amount by re-executing the payment via the specified payment method or additional payment methods in your customer account.

(10) If the attempts to re-execute the payment do not succeed, we reserve the right to recover the debt in another way, either directly or via a third party. We reserve the right to interrupt or cancel future orders when payments remain due. If you do not pay the amounts due on time, as indicated in the correspondence, a penalty of three (3) euros per reminder may apply. The management and follow-up of late payments can be transferred to a collection agency. The collection costs will be charged to you.

(11) HelloFresh is entitled to suspend the execution of the agreement, such as delivering meal kits, if you do not fully meet your payment obligations.
9. Pausing and Canceling
(1) HelloFresh orders products weekly in advance of delivery for your agreement. In all cases, when pausing and canceling, you must pause or cancel the agreement before the change deadline to avoid ordering (and thus delivery and payment obligations) of the next meal box and any additional fresh products. If you pause or cancel the agreement before the change deadline, you will not receive products the following week. The change deadline also applies to any other changes to the agreement. Pausing

(2) You can pause an agreement at any time. This means skipping the delivery of your products for a week. Delivery resumes the next week unless you pause again. You must notify us of the pausing of your agreement before the change deadline via your account.

(3) If you have entered into a membership for weekly delivery of the meal box, this is an agreement for an indefinite period. You can cancel an agreement for an indefinite period at any time. You must notify us of the cancellation of your agreement before the change deadline via your account. The cancellation of the agreement will then take effect.

(4) If you order another (additional) fresh product with your meal box or a one-time meal box, this constitutes a fixed-term agreement. An agreement for a fixed term is not automatically renewed but stops automatically. If you ordered a one-time (additional) fresh product or a one-time meal box but do not wish to receive it, you must notify us of the cancellation before the change deadline via your account. The cancellation of the fixed-term agreement will then take effect.

(5) You can cancel the agreement in the same way it was entered into; additionally, you can always cancel via one of our contact options on our website (https://www.hellofresh.nl/contact-page) or via your online account. For technical reasons, you can only cancel the first meal box you receive through (customer service).
10. Vouchers, Discount Codes, Gift Cards
(1) HelloFresh offers gift cards, discount codes, and other types of vouchers, which require email activation for customers to receive HelloFresh products. Once the voucher is redeemed on the website, it can no longer be used or is invalid.

(2) A free meal box and/or discount is offered to give new customers the chance to try HelloFresh. Discount codes and vouchers only apply to a new HelloFresh membership 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. Each household can redeem a discount only once and is allowed only one account.

(3) HelloFresh determines at its discretion whether someone qualifies for a free meal box and/or discount and can limit the conditions or duration to prevent misuse of free meal boxes and/or discounts. We conduct checks per household to prevent misuse. Based on information used for an existing or recent agreement, such as your name, phone number, delivery address, email address, and/or payment method, we can determine if you qualify for a free meal box and/or discount.

(4) Some products and/or services may be excluded from the discount, such as products with an additional price, one-time (additional) fresh products, unless explicitly stated otherwise.

(5) Discount codes and vouchers can only be redeemed on the HelloFresh website and can be used only once. They cannot be combined with other offers and are not exchangeable for cash. Note that some discount codes are only valid for a specific type of product.

(6) Any (attempted) fraud or other unauthorized actions will be recorded and will result in the denial of the use of the free trial period and/or discount codes. HelloFresh has the right to withdraw or invalidate discount codes and vouchers if deemed necessary for any reason.
11. Liability of HelloFresh
(1) HelloFresh is only liable for property and/or personal injury suffered by the customer if the damage is a direct and exclusive result of failing to meet an obligation of HelloFresh, or in the case of intent or gross negligence by HelloFresh or its employees, provided that only damage against which HelloFresh is insured, or should reasonably have been insured, is eligible for compensation.

(2) HelloFresh's liability for indirect damages, including consequential damages, lost profits or income, missed savings, etc., is excluded.

(3) HelloFresh is never liable for any damage resulting from incorrect information provided to us by you and/or the loss of your password, and you indemnify HelloFresh against any third-party claims.

(4) HelloFresh is never liable for any damage caused by not following product instructions and warnings provided by HelloFresh, and you indemnify HelloFresh against any third-party claims.

(5) HelloFresh is never liable for damages resulting from force majeure, including but not limited to strikes, illness, fire, disruptions at HelloFresh or its suppliers, transportation issues, weather conditions, violence, riots, or actions by police and/or fire services. Force majeure also includes such unforeseen circumstances with third parties that HelloFresh uses in executing the agreement.

(6) The liability provisions in the preceding paragraphs also apply to the (personal) liability of HelloFresh's bodies, employees, and auxiliary persons. They can invoke these provisions.
12. Privacy
(1) When processing an order, we process your personal data. To inform you about what happens to your personal data, we have a privacy statement available on our website or via https://www.hellofresh.nl/about/privacy/. Questions about how HelloFresh handles your personal data can be directed to privacy@hellofresh.nl.

(2) If you place an order, HelloFresh uses your email address to offer you similar products and services via 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 through our customer service. You can also unsubscribe through 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.hellofresh.nl/about/privacy/
13. Fraud
(1) We reserve the right to investigate all accounts suspected of incorrect or fraudulent activities.

(2) We reserve the right to block or terminate your order, membership, and/or account following incorrect or fraudulent activities.
14. Complaints
(1) Quality is a top priority at HelloFresh, and we do everything possible to prevent complaints. Within HelloFresh, we maintain a complaints policy that can be consulted on our website www.hellofresh.nl/about/tevredenheid/. We will respond with a substantive reply to the submitted complaint within five (5) business days.

(2) If you are not satisfied with the way we handled your complaint, you can report your complaint via the European Commission's ODR-platform. This is a platform set up by the EU for all consumers across Europe.
15. Intellectual Property
(1) Our app, website, and services are protected by intellectual property rights. The rights to logos, software, texts, and images belong to HelloFresh, its group companies, and/or the party from whom we have obtained a license. It is not permitted to disclose, reproduce, or edit parts of our app, website, or services without our explicit permission, other than for personal use.
16. Withdrawal
(1) You have the right to withdraw from the agreement within fourteen (14) days from the delivery of your first box, without giving any reason. You will only pay for the meal boxes delivered during these fourteen (14) days and the boxes already scheduled. To avoid ordering (and thus the delivery and payment obligation) of the next meal box and any additional fresh products, you must withdraw from the agreement before the change deadline.

(2) You also have the right to withdraw from the order of certain additional products within fourteen (14) days from delivery, without giving any reason. You cannot withdraw additional products with a limited shelf life (including fresh products). The shipping costs for returning the product are at your own expense.

(3) To withdraw from the agreement, you can use the model withdrawal form found in Annex I of the General Terms and Conditions or download the model form in PDF. You are not required to use the model form (for alternatives, see: https://www.hellofresh.nl/contact-page/).
17. Other Provisions
(1) All agreements between HelloFresh and the customer, to which these general terms and conditions apply, are exclusively governed by Dutch law.

(2) All disputes arising from the agreement between HelloFresh and you as a customer are exclusively settled by the court in Amsterdam.

(3) If a provision in these general terms and conditions or in the agreement is or becomes invalid, the remaining provisions remain valid. In that case, a new provision that corresponds as much as possible with the old one in terms of content, scope, and/or purpose will replace the invalid provision.


HelloFresh Benelux B.V. - August 2020
Special Conditions Applicable to Certain Additional Services of HelloFresh Benelux B.V.
Article 1. Special Conditions HelloFresh Cash Service

1.1 HelloFresh Benelux B.V., a company located at Spaklerweg 50-52, 1114 AE, Amsterdam-Duivendrecht, Netherlands (Chamber of Commerce number: 54601312, VAT identification number: NL851367227B01) ("HelloFresh" or "we") allows you to load money onto your customer account (the "Customer Account") via the HelloFresh Cash service ("HelloFresh Cash"). With HelloFresh Cash, you can use the available balance on your customer account for future purchases on our website or mobile application and benefit from extra credits (the "Bonus"). These special conditions ("Special Conditions") supplement the General Terms and Conditions you accepted when registering with HelloFresh (the "General Terms and Conditions"). In the event of a conflict between these two documents, the special conditions prevail.
1.2 You can credit your customer account with the payment methods offered on our website or mobile application, up to a maximum total amount of 250 euros. Money credited to your customer account and available Bonus are non-refundable. HelloFresh reserves the right to limit the amount that can be credited to the customer account at any time.
1.3 If the balance of your Customer Account is insufficient to pay for the total amount of an order on our website or mobile application, HelloFresh will use an additional payment method you have provided to enable you to pay the remaining amount of the respective order. HelloFresh reserves the right to debit the balance of your customer account to cover previous unpaid orders before the required amount is debited through an additional payment method.
1.4 Money credited via HelloFresh Cash to your Customer Account has a lifetime of three years from the day it is credited to your Customer Account. It expires if unused after this period.
1.5 Money credited to your Customer Account can only be used on our site or in the application and cannot be transferred to another HelloFresh account or to third parties. Moreover, this money can only be used on the HelloFresh website or application and cannot be used on the website or application of another HelloFresh group entity.
1.6 HelloFresh also reserves the right to suspend or terminate HelloFresh Cash at any time. HelloFresh will notify you by email at least 14 days in advance and communicate the balance of your Customer Account (excluding Bonus). The limitations thereof will then be governed by the provisions of the General Terms and Conditions. HelloFresh may also suspend or terminate your access to HelloFresh Cash in the event of a breach by you of these special conditions.
Annex I - Model Withdrawal Form
(Fill in and return this form if you want to revoke the agreement)
Download here as Pdf

At:
HelloFresh Benelux B.V.
Spaklerweg 50 - 52 1114 AE Amsterdam
opzeggingen@hellofresh.nl


I/We (*) ___________________? /We (*) Our Agreement regarding the sale of the following goods/delivery of the following service (*) ________________ revocement/revocation (*)

Ordered on (*)____________________ /Received on (*)____________________

Name(s) of consumer(en) ____________________
Consumer address(en) ____________________
Signature of consumer(s) (only when this form is submitted on paper)

____________________, ____________________
Date ____________________
(*) Delete what is not applicable (please fill out and return this form only if you wish to withdraw from the agreement) Download here as PDF

To: HelloFresh Benelux B.V. Spaklerweg 50 - 52 1114 AE Amsterdam opzeggingen@hellofresh.nl


I/We (*) hereby inform you that I/we (*) withdraw from our agreement concerning the sale of the following goods/provision of the following service (*)

Ordered on (*) ____________________ / Received on (*) ____________________

Name(s) of consumer(s) ____________________
Address of consumer(s) ____________________
Signature of consumer(s) (only if this form is submitted on paper)

____________________, ____________________
Date ____________________
(*) Cross out what is not applicable