Privacy Statement Eachbite.com

Eachbite B.V., trading under the name Eachbite.com, established at Maarssenbroeksedijk 41, 3542 DM Utrecht, is responsible for the processing of personal data as set out in this privacy statement.

Contact details
Eachbite.com
Email: contact@eachbite.com
Telephone: +31 6 42921707

1. Personal data we process

We process personal data because you use our services and/or because you provide this data to us yourself. This includes, among other things, the following data:

First and last name
Address details
Telephone number
Email address
IP address
Data about your activities on our website
Internet browser and device type
Cookie IDs and advertising IDs
Payment details (processed exclusively via external payment providers)

2. Purposes and legal bases

Eachbite.com processes personal data only if and insofar as there is a valid legal basis for doing so, as referred to in Article 6 GDPR. We process personal data for the following purposes:

Performance of agreements (orders, payments, delivery of products and services)
Sending service messages and transactional emails
Sending newsletters and marketing communications
Marketing and advertising purposes, including remarketing and personalized advertisements
Analysis of website use to improve our website and services
Compliance with statutory obligations (such as tax-related retention obligations)

Processing takes place on the basis of one or more of the following legal bases:

Performance of an agreement
Statutory obligation
Legitimate interest
Consent of the data subject

3. Sharing personal data with third parties

We do not sell your personal data to third parties. We do, however, share personal data with third parties that perform services on our behalf. We enter into data processing agreements with these parties or use their standard data processing terms, in accordance with Article 28 GDPR.

3.1 Drip (email service provider)

We use Drip to send emails, newsletters and automated marketing communications. For this purpose, names, email addresses and interaction data are processed. Drip acts as a processor in this regard.

3.2 Meta Platforms Inc. (Facebook & Instagram)

We use advertising services from Meta Platforms Inc. to display advertisements, including remarketing and personalized advertisements. Data such as IP addresses, cookie IDs, advertising IDs and data about website use may be shared in this context. Meta acts as an independent controller in this regard.

3.3 Google (Analytics & Ads)

We use Google Analytics and Google Ads for analysis, measurement and advertising purposes. In this context, personal data may be processed, including IP addresses (anonymized where possible), cookie IDs and advertising IDs. If Google Ads Customer Match is used, uploaded data is used exclusively to:

match users with Google accounts;
display personalized advertisements;
check whether campaigns comply with Google's policies.

Google acts as a processor in this regard in accordance with the Google Ads Data Processing Terms.

4. International transfers

Personal data may be processed outside the European Economic Area (EEA). In that case, we ensure that appropriate safeguards are applied, such as standard contractual clauses approved by the European Commission.

5. Cookies and similar technologies

Eachbite.com uses cookies and similar technologies.

5.1 Functional cookies

These cookies are necessary for the website to function and are placed on the basis of legitimate interest. Retention period: a maximum of 12 months.

5.2 Analytical cookies

These cookies are used to analyze the use of the website (including via Google Analytics). Analytical cookies are placed only after consent has been

5.3 Marketing and tracking cookies

These cookies are used for advertising purposes, including displaying personalized advertisements and measuring advertising performance via platforms such as Google and Meta. These cookies are placed only after explicit consent has been given. Retention period: a maximum of 24 months. During your first visit to our website, we inform you about cookies and, where legally required, request prior consent. Consent may be withdrawn at any time via the cookie settings.

6. Personal data retention periods

We do not retain personal data for longer than is necessary for the purposes for which it is processed, unless a statutory retention obligation applies.

Customer and contract data: for as long as the agreement remains in effect and for a maximum of 7 years thereafter (tax-related retention obligation)
Marketing data: until consent is withdrawn
Analysis and advertising data: in accordance with the stated cookie retention periods

7. Rights of data subjects

You have the right to:

Access your personal data
Have incorrect data corrected
Have data deleted
Request restriction of processing
Object to processing
Request data portability
Withdraw consent

Requests may be submitted via contact@eachbite.com. We will respond within four weeks at the latest.

8. Security

We take appropriate technical and organizational measures to protect personal data against loss, misuse, unauthorized access and unauthorized disclosure.

9. Complaints

If you have a complaint about the processing of personal data, you have the right to lodge a complaint with the Dutch Data Protection Authority.

10. Amendments

We reserve the right to amend this privacy statement. The most current version is always available on our website.

General Terms and Conditions | Eachbite B.V.

Eachbite.com is a trade name/website of Eachbite B.V.

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always capitalized, are used with the meanings set out below.

Eachbite: the private limited liability company Eachbite B.V., the user of these general terms and conditions, established at Maarssenbroeksedijk 41, 3542 DM in Utrecht, registered in the Trade Register under Chamber of Commerce number 83014608.
Customer: any natural person or legal entity with whom Eachbite has entered into or intends to enter into an Agreement.
Consumer: a Customer who is a natural person and is not acting in the exercise of a profession or business.
Parties: Eachbite and the Customer jointly.
Agreement: any agreement between the Parties under which Eachbite has undertaken towards the Customer to sell and deliver Products and/or provide Services.
Subscription: an Agreement concerning the provision of Services.
Distance Agreement: an Agreement entered into between Eachbite and a Consumer within the framework of an organized distance contracting system without the simultaneous physical presence of Eachbite and the Consumer and whereby, up to and including the time at which the Agreement is entered into, exclusive use is made of one or more means of distance communication, including in any event an Agreement concluded by a Consumer through the Webshop or the Platform. Accordingly, an Agreement is not a Distance Agreement if Eachbite does not use an organized distance contracting system in connection with it, for example if the Consumer looks up Eachbite's contact details online and enters into an Agreement by telephone.
Webshop: Eachbite's webshop where Products can be purchased.
Platform: www.Eachbite.com or the Healthy Recipes mobile application on which the Services are offered.
Products: the items to be sold and delivered by Eachbite to the Customer under an Agreement, which may include, without limitation, supplements, protein, keto test strips, meal replacements, other health products and cookbooks.
Services: the online access made available via the Platform and under a Subscription to all recipes offered by Eachbite, whereby the Customer can also automatically generate weekly schedules based on their preferences and the system can compile personalized meal plans, including digital shopping lists.
In Writing: written communication, communication by email or any other method of communication that, in view of the state of technology and generally accepted standards, can be equated with this.

ARTICLE 2. | GENERAL PROVISIONS

These general terms and conditions apply to every offer made by Eachbite, every Agreement and all legal relationships arising therefrom between the Parties.
The applicability of any general terms and conditions of the Customer is expressly rejected.
The provisions of these general terms and conditions may be deviated from only expressly and In Writing. If and insofar as what the Parties have expressly agreed In Writing deviates from the provisions of these general terms and conditions, what the Parties have expressly agreed In Writing shall prevail.
The voidance or nullity of one or more provisions of these general terms and conditions or of the Agreement as such shall not affect the validity of the remaining clauses. Where applicable, the Parties are obliged to consult with each other in order to make a replacement arrangement with regard to the affected clause. In doing so, the purpose and purport of the original provision shall be observed as far as possible.

ARTICLE 3. | OFFERS AND CONCLUSION OF AGREEMENTS

Every offer made by Eachbite is without obligation and subject to sufficient availability of the Products or Services offered. Eachbite may still revoke its offer immediately, or at least as soon as possible after its acceptance by the Customer. If the Customer has already made payment in such a case, Eachbite shall arrange for reimbursement as soon as possible.
Obvious errors, mistakes and typographical errors in an offer made by Eachbite shall not bind Eachbite.
Without prejudice to the provisions of paragraph 1, each Agreement is concluded at the time when Eachbite's offer has been accepted by the Customer in the designated manner and the Customer has fulfilled all conditions expressly attached to acceptance of the offer.
If the Agreement was entered into through the Webshop or the Platform, the conclusion of the Agreement shall, without prejudice to the provisions of paragraph 1, be confirmed by Eachbite by email as soon as possible.

ARTICLE 4. | RIGHT OF WITHDRAWAL FOR DISTANCE AGREEMENTS

Subject to the remaining provisions of this article, the Consumer may withdraw from the Distance Agreement up to 14 days after receipt of the Products, without giving reasons (right of withdrawal). In the case of Services, the Consumer has no right of withdrawal because the Distance Agreement is fully performed immediately after its conclusion, as all recipes are directly accessible via the Platform. The fact that not all weekly schedules are visible immediately after the Distance Agreement is concluded does not alter this, since this is of subordinate significance and the weekly schedules have no independent value separately. After all, the Consumer can compile weekly schedules themselves on the basis of the immediately available recipes. The absence of immediate visibility of the weekly schedules therefore provides no grounds for a full or partial refund. However, exclusion of the right of withdrawal requires that:
- performance has commenced with the Consumer's express prior consent; and
- the Consumer has declared that they waive their right of withdrawal as soon as Eachbite has performed the Distance Agreement.
Furthermore, the Consumer has no right of withdrawal in the event of:
1. the delivery of Products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery, in any event including supplements whose packaging has been opened;
2. the delivery of digital Products (such as e-books), provided that:
  - delivery has commenced with the Consumer's express prior consent; and
  - the Consumer has declared that they waive their right of withdrawal as soon as Eachbite has delivered the digital Product.
3. the delivery of physical Products with respect to which the right of withdrawal is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Dutch Civil Code. These latter grounds are not relevant to Eachbite's current product range, but if they do nevertheless apply in future cases, the relevant ground for exclusion shall be expressly stated in the offer for the Product concerned.
The Consumer may withdraw from the Distance Agreement by submitting a request to Eachbite by email or by using the model withdrawal form offered by Eachbite. As soon as possible after Eachbite has been notified of the Consumer's intention to withdraw from the Distance Agreement and provided that the conditions of this article have been met, Eachbite shall confirm the withdrawal from the Distance Agreement by email.
In the case of delivered Products that may be returned pursuant to the right of withdrawal, the Consumer must handle the Products concerned and their packaging with care during the period referred to in paragraph 1. The Consumer may handle and inspect the Products to be returned only to the extent necessary to assess the nature and characteristics of the Products. The basic principle in this regard is that the Consumer may handle and inspect the Products only as they would be permitted to do in a physical store.
If the Consumer exercises the right of withdrawal, they shall return the Products to Eachbite undamaged, with all accessories supplied and in their original condition and packaging. Return delivery shall take place at the Consumer's expense and risk; Eachbite is not responsible or liable for damage or loss occurring during transport.
The Consumer is liable for any reduction in value of returned Products resulting from handling the Products beyond what is permitted pursuant to paragraph 4. Eachbite is entitled to charge this reduction in value to the Consumer, whether or not by setting it off against any payment already received from the Consumer. If the reduction in value is such that the Products can no longer reasonably be made ready for resale, the Consumer shall remain liable for the full purchase price.
Return delivery of the Products to be returned must take place within 14 days after the Consumer has withdrawn from the Distance Agreement in accordance with paragraph 3.
If the Consumer exercises the right of withdrawal, the costs of returning the Products shall be borne by the Consumer.
Eachbite shall refund any payment already received from the Consumer, less any reduction in value, as soon as possible, but no later than 14 days after withdrawal from the Distance Agreement, provided that Eachbite has received the Products back or the Consumer has demonstrated that the Products have actually been returned. If the right of withdrawal is exercised only with respect to part of the order, any delivery costs initially paid by the Consumer shall not be eligible for reimbursement.
Reimbursement shall be made using the same payment method used by the Consumer when purchasing the Products.

The confirmation of the Agreement sent by Eachbite to the Consumer shall also contain a confirmation of the Consumer's express prior request and declaration as referred to above.

ARTICLE 5. | CANCELLATION BY THE CUSTOMER OTHER THAN PURSUANT TO ARTICLE 4

If the Customer cancels the Agreement after its conclusion other than pursuant to Article 4, the Customer shall remain liable for the full agreed price and any shipping costs already incurred, unless Eachbite has expressly declared In Writing to the Customer that it wishes to deviate from this in a specific case. In that case, Eachbite may attach special conditions to the cancellation.

ARTICLE 6. | DURATION AND TERMINATION OF SUBSCRIPTIONS

A Subscription is entered into for the expressly agreed fixed term of, for example, one, three, six or twelve months. A Subscription may also include a free trial period.
If the Subscription includes a free trial period, the Subscription shall be converted into a paid Subscription upon expiry of the trial period, unless the Customer has terminated it during the trial period in the manner indicated under the Customer's account on the Platform. The duration of the paid Subscription following the free trial period, as well as the associated Subscription fees, shall be expressly stated in the offer to enter into the free trial period.
Upon expiry of the agreed fixed term, a paid Subscription shall be tacitly renewed for an indefinite period, unless the Subscription has been terminated in good time in accordance with the following paragraph. Tacit renewal for an indefinite period does not prevent Eachbite from demanding payment in advance in a single payment for the originally agreed fixed term, on the understanding that, in the event of early termination, the amount already paid in advance shall be refunded to the Customer in proportion to the unused portion. However, if Eachbite expressly stated this in the offer, the higher monthly subscription rate shall be charged for the period already used. This may result in the Customer receiving a smaller refund upon early termination than would result from a purely proportional calculation or, if the prepaid price is lower than the monthly rates due, the Customer having to pay the difference to Eachbite.
Contrary to the provisions of the previous paragraph, the Customer may expressly choose to renew a paid Subscription for a new fixed term. In that case, the Customer once again commits to this fixed term, to which the remaining provisions of this article apply in full.
A paid Subscription ends by termination subject to a notice period of one month, but no earlier than after the fixed term has expired. Termination by the Customer must take place in the manner indicated under the Customer's account on the Platform.
Eachbite is always entitled to change the agreed price of a Subscription. Eachbite shall notify the Customer of a price increase no later than two months before the price change takes effect. The price change shall not take effect before the fixed term has expired.

ARTICLE 7. | TIME LIMITS

Eachbite shall make every effort to comply with any agreed delivery or other time limit, but this time limit is merely indicative and not a strict deadline. Eachbite shall not be in default until after the Customer has given Eachbite notice of default In Writing, which notice specifies a reasonable period for performance, and Eachbite still fails to perform after the latter period has expired.
Eachbite's default entitles the Customer to terminate that part of the Agreement to which the default relates, but never to substitute or additional compensation.

ARTICLE 8. | INSPECTION AND COMPLAINTS IN THE EVENT OF PRODUCT SALES

At the time the Products are delivered, or at least immediately thereafter, the Customer must inspect whether the nature and quantity of the Products conform to the Agreement. If, in the Customer's opinion, the nature and/or quantity of the Products does/do not conform to the Agreement, they must notify Eachbite thereof immediately.
Complaints relating to defects that were not reasonably visible or otherwise discoverable at the time the Products were delivered must be submitted to Eachbite In Writing within five days after the Customer became aware, or at least reasonably should have become aware, of the existence of the defect.
Contrary to the provisions of the previous paragraphs of this article, a Consumer may no longer invoke the fact that what was delivered under a consumer purchase does not conform to the Agreement if no complaint in this regard was made to Eachbite within two months after the Consumer discovered the defect.
If the Customer does not complain in a timely manner and in accordance with the previous paragraphs, such a complaint by the Customer shall not give rise to any obligation whatsoever on the part of Eachbite.
Even if the Customer complains in a timely manner, their obligation to make timely payment to Eachbite shall continue to exist, except insofar as mandatory law prevents this for the benefit of the Consumer.

ARTICLE 9. | WARRANTY AND CONFORMITY

The warranty on the Products is limited to any warranty expressly agreed In Writing, on the understanding that a warranty provided by Eachbite, the manufacturer or the importer shall not affect the mandatory statutory rights and claims that Consumers may enforce against Eachbite in connection with a consumer purchase (conformity).
Eachbite warrants that the Services conform to the Agreement and therefore meet the expectations that the Customer may reasonably have of the Services pursuant to the Agreement.
With respect to Products, any warranty claim or claim based on non-conformity shall in any event lapse if a defect in the delivered Product results from an external cause occurring after delivery or another circumstance that cannot be attributed to Eachbite or its supplier. This includes, without limitation, defects resulting from external damage, natural wear and tear, incorrect or improper handling, incorrect or improper use and modifications made to the Products.
If the Customer returns Products pursuant to this article, the Customer must return the Products by parcel post. Without prejudice to the provisions of the following paragraph, return delivery to Eachbite shall take place at the Customer's expense and risk; Eachbite is not responsible or liable for damage or loss occurring during transport.
If, in the context of a product sale, the Consumer validly invokes non-conformity, the Consumer is entitled to repair or replacement, or supplementation of what is missing. No costs may be charged to the Consumer for exercising these rights. Eachbite shall cooperate in the repair, replacement or supplementation of what is missing within a reasonable period. If repair, replacement or supplementation of what is missing is not possible, the Consumer is entitled to reimbursement of the price paid for the Product.
If the Customer claims repair of a Product pursuant to this article, they shall not instead be entitled to replacement of the Product if the defect is too minor to justify replacement or replacement cannot reasonably be required of Eachbite for other reasons.

ARTICLE 10. | PLATFORM TERMS OF USE

Eachbite grants the Customer a non-exclusive, non-transferable and non-sublicensable right of use with respect to the Platform and the content offered on it. This right of use shall lapse when the Subscription ends.
The right of use referred to in the previous paragraph is not transferable. It is not permitted to sell, rent out, sublicense or make the right of use available to a third party in any manner or for any purpose whatsoever.
All actions performed under the Customer's account shall be attributed to the Customer.
The Customer may use the content made available via the Platform exclusively for personal use. It is permitted to copy or print this content exclusively for personal use. Any other use—including republishing, downloading, distributing, reproducing, selling, licensing or sharing with third parties—is prohibited and constitutes an infringement of the right of use granted to the Customer and of the intellectual property rights of Eachbite and/or its licensors.
It is not permitted to use the Platform for illegal or otherwise unauthorized purposes. Use of the Platform must take place in compliance with all laws, rules and regulations imposed by public authorities that apply to the use of the Platform. In particular, the Customer is bound by the applicable legislation concerning intellectual property.
It is not permitted to obstruct or disrupt the Platform or the servers or networks used by Eachbite to operate the Platform, for example by transmitting worms, viruses, spyware, malware or other destructive or disruptive code.
The Customer warrants that they shall refrain from unauthorized use of the Platform (including the content on the Platform) and shall act and conduct themselves in accordance with what Eachbite may expect from a proper user of the Platform. In particular, it is not permitted to:
- (attempt to) gain access to content on the Platform for which the person concerned is not authorized;
- use the Platform in such a way that its proper operation is impeded or that damage or nuisance may be caused to other users of the Platform;
- share login details for access to the Platform with third parties (within or outside the Customer's household).

ARTICLE 11. | FORCE MAJEURE

Eachbite is not obliged to comply with any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it pursuant to the law, a legal act or generally accepted standards (force majeure). In addition to what is understood in this regard under legislation and case law, force majeure means all external causes over which Eachbite has no control and that make the further performance of the Agreement impossible or seriously impede it. This includes circumstances relating to the delivery of Products, such as staff shortages, fire, measures imposed by any public authority, transport restrictions, war or threat of war, violent or armed actions, as well as circumstances relating to the provision of the Services via the Platform, such as failure of internet or electricity supplies, failures in servers, cloud services or third-party software, cyberattacks, or technical defects or maintenance work as a result of which the Platform is temporarily unavailable or available only to a limited extent.
If and insofar as the force majeure situation makes performance of the Agreement permanently impossible or continues or will continue for more than one month, the Parties are entitled to terminate the Agreement with immediate effect.
If Eachbite has already partially fulfilled its obligations when the force majeure situation arises, or can only partially continue to fulfil its obligations, Eachbite is entitled to invoice separately for the part of the Agreement already performed or still capable of being performed, respectively, as if it constituted an independent Agreement.
Without prejudice to the provisions of the previous paragraph, damage arising as a result of force majeure shall never be eligible for compensation.

ARTICLE 12. | SUSPENSION AND TERMINATION

Eachbite is entitled to suspend further performance of the Agreement if and for as long as the Customer fails to comply with their payment or other obligations under the Agreement that have already fallen due (including the provisions of these general terms and conditions).
Eachbite is entitled to terminate the Agreement in whole or in part with immediate effect if the Customer fails to comply with their obligations under the Agreement, or fails to do so in a timely or complete manner. If performance of the Customer's obligations in respect of which they are in breach is not permanently impossible, the power of termination shall arise only after Eachbite has given the Customer notice of default In Writing, which notice specifies a reasonable period within which the Customer can still comply with their obligations, and performance still has not taken place after the latter period has expired. The provisions of the previous sentence shall not apply if Eachbite must infer from a statement by the Customer that the Customer will permanently fail to perform, in which case a notice of default is pointless and termination may take place without notice of default.
The provisions of the previous two paragraphs apply unless the Customer's breach, in view of its special nature or minor significance, does not reasonably justify such suspension or termination and its consequences.
Unless the Customer has already fully complied with their future payment obligations towards Eachbite, Eachbite is entitled to terminate the Agreement in whole or in part with immediate effect if the Customer has been declared bankrupt, if any of their assets have been attached or if they are otherwise unable to dispose freely of their assets.
Furthermore, Eachbite is entitled to terminate the Agreement in whole or in part if circumstances arise that are of such a nature that performance of the Agreement is impossible or its continued maintenance without amendment cannot reasonably be required of it.
The Customer shall never be entitled to any form of compensation in connection with the right of suspension and/or termination exercised by Eachbite pursuant to this article.
If the ground that led to suspension or termination of the Agreement can be attributed to the Customer (which does not necessarily always have to be the case only in the situation referred to in paragraph 5), Eachbite shall be entitled to compensation from the Customer for the damage that Eachbite suffers as a result.
If Eachbite terminates the Agreement pursuant to this article, all outstanding claims against the Customer shall become immediately due and payable.

ARTICLE 13. | PAYMENTS

In the event of full or partial advance payment, Eachbite is not obliged to proceed with delivery or performance until Eachbite has received the advance payment.
Payment must be made using one of the methods indicated by Eachbite for that purpose, at the time indicated by Eachbite or within the period stated by it. In the event of a bank transfer, Eachbite applies a standard payment term of 14 days after the invoice date, but may deviate from this in individual cases.
If, in the event of payment by direct debit, the direct debit authorization is withdrawn or a payment is reversed, payment must nevertheless be made by bank transfer within the period then stated by Eachbite on the invoice.
Payment must take place without invoking any right of suspension or set-off, insofar as mandatory law does not prevent this for the benefit of the Consumer.
Eachbite is entitled to make the invoice intended for the Customer available to them exclusively by email.
If the Customer liquidates their business or transfers it to a third party, has been declared bankrupt, has applied for a provisional or definitive suspension of payments, if any of their assets have been attached, or if the Customer is otherwise unable to dispose freely of their assets, the claims against the Customer shall become immediately due and payable.
If timely payment is not made, the Customer shall be in default by operation of law. From the day on which the Customer is in default, the Customer shall owe interest of 2% per month on the outstanding amount, whereby part of a month shall be regarded as a full month. Contrary to the previous sentence, if the Customer is a Consumer, the statutory interest applicable at the time of the payment default shall apply instead of the contractual interest referred to therein.
All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred in obtaining the amounts owed by the Customer shall be borne by the Customer.

ARTICLE 14. | LIABILITY

All information provided by Eachbite in any manner whatsoever, including the advice on supplement use and the experiences of others described in the Webshop, as well as the information offered through the Services, is not intended for the diagnosis or treatment of any mental or physical condition whatsoever. Moreover, Eachbite cannot guarantee that the information referred to is always correct and suitable or effective for the Customer's specific situation. This information is not intended to replace consultation with a physician. Eachbite is never liable for the use of the information referred to. Supplements and other Products are not a substitute for meals or for treatment by a physician. The Customer is responsible for the use and correct interpretation of the information originating from Eachbite and made available to them. Eachbite accepts no liability whatsoever in this regard.
The Services provided by Eachbite never constitute any medical advice. The Customer is responsible for ensuring that the Services, including following recipes, weekly schedules and meal plans, are used with the required care and entirely at their own risk. Eachbite does not warrant that the Services are suitable for the Customer's personal situation and accepts no liability whatsoever in this regard. Furthermore, Eachbite is not liable for the recommendations, suggestions or results generated by the Platform. Results, such as weight loss or health improvements, differ from person to person and depend on individual effort and circumstances, meaning that no guarantees can ever be attached to them.
In the event of physical and psychological complaints, as well as in the event of doubt about the use of the Products, Services or information provided by Eachbite, Eachbite strongly recommends consulting a physician. Eachbite is never liable for any damage, including emotional and physical damage, worsening of complaints and damage arising from decisions made by the Customer. The Customer is at all times responsible for the choices they make in this regard, their own conduct and the consequences associated with them.
The Customer shall bear the damage caused by inaccuracies or omissions in the data provided by them, any other breach of the Customer's obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to Eachbite. Damage resulting from a circumstance as referred to above shall not entitle the Customer to compensation or any other recompense from Eachbite.
Eachbite is never liable for damage arising as a result of incorrect use of the Products or as a result of a cause as referred to in Article 9.3.
Eachbite is not liable for damage resulting from unauthorized use of login details for access to the Platform.
Eachbite shall make every effort to optimize the proper operation and accessibility of the Platform. However, Eachbite cannot guarantee that the Platform will be available without limitation and that all Platform features will always function without problems. All liability of Eachbite in this regard is excluded. Furthermore, Eachbite is not obliged to compensate the Customer in any other manner in this regard.
Eachbite is never liable for indirect damage, including losses suffered, lost profits and damage resulting from business interruption.
If Eachbite is liable for any damage, Eachbite shall at all times have the right to remedy this damage. The Customer must give Eachbite the opportunity to do so, failing which all liability of Eachbite in this regard shall lapse.
Eachbite's liability is limited to repair or replacement of the Products or proper provision of the Services after all, at least with regard to that part of the Agreement to which Eachbite's liability relates, all of this only if and insofar as Eachbite is obliged to do so pursuant to a warranty or a claim based on non-conformity as referred to in Article 9. If repair or replacement, or proper provision of the Services after all, is not possible, Eachbite's liability is limited to no more than the invoice value of the Agreement, or at least that part of the Agreement to which Eachbite's liability relates.
Without prejudice to the limitation periods referred to in Article 8, the limitation period for all legal claims against Eachbite shall be one year. Contrary to the previous sentence, legal claims accruing to Consumers that are based on facts that would justify the assertion that (i) a consumer purchase does not conform to the Agreement, or (ii) the Services provided via the Platform do not conform to the Agreement, shall become time-barred after two years. Insofar as the Services provided via the Platform are concerned, this period shall commence after their delivery and shall apply with due regard for the Consumer's reasonable expectations regarding the period during which they can use the Services; the Consumer's lack of knowledge of a defect or the fact that they ought not to have known of a defect shall not prevent this.
In the event of a consumer purchase, the limitations in this article shall not extend beyond what is permitted pursuant to Article 7:24 paragraph 2 of the Dutch Civil Code.
The limitations of liability in these general terms and conditions do not apply if the damage was caused by intent or deliberate recklessness on the part of Eachbite or its managerial subordinates.

ARTICLE 15. | GENERAL COMPLAINTS POLICY

Complaints submitted to Eachbite shall be answered within 14 days of receipt. If a complaint requires a longer processing time, a confirmation of receipt and an indication of when the Customer can expect a more detailed answer shall be provided within the 14-day period.

ARTICLE 16. | RETENTION OF TITLE

All Products delivered by Eachbite to the Customer shall remain its property until the Customer has duly complied with all their payment obligations under the Agreement concerned.
The Customer is prohibited from selling, pledging or otherwise encumbering Products that are subject to retention of title.
The Customer is obliged to store Products delivered subject to retention of title with due care and as the recognizable property of Eachbite.
If third parties attach the Products subject to Eachbite's retention of title or wish to establish or assert rights in respect of them, the Customer is obliged to notify Eachbite thereof as soon as possible.
In the event of a breach of the provisions of this article, the amount owed by the Customer to Eachbite shall immediately become due and payable in full.
The Customer gives unconditional permission to Eachbite or third parties designated by Eachbite to enter all locations where the Products subject to retention of title are located. At Eachbite's first request, the Customer must provide Eachbite with all information necessary to exercise its ownership rights. All reasonable costs connected with the exercise of Eachbite's ownership rights shall be borne by the Customer.
If, after the Products have been delivered to the Customer by Eachbite, the Customer has fulfilled their obligations, the retention of title in respect of these Products shall revive if the Customer fails to fulfil their obligations under an Agreement entered into at a later date.

ARTICLE 17. | INTELLECTUAL PROPERTY

All copyrights and other intellectual property rights in digital Products, the Platform, the Website and their components, including the software, design and operation of the Platform and the Website and the content present on them, belong to Eachbite or its licensors. Without the prior consent In Writing of Eachbite and/or the relevant licensor, it is prohibited to duplicate, reproduce in any manner, distribute or exploit this material or create derivative works from it, except for making copies or printouts for strictly personal use, insofar as this is not intended for republication, distribution or sharing with third parties.
In the event of an infringement of the provisions of the previous paragraph attributable to the Customer, Eachbite and/or the licensor reserves all rights accruing to it by law, including the right to compensation to be determined by it on a reasonable basis and immediate cessation and reversal of the infringement.

ARTICLE 18. | FINAL PROVISIONS

Eachbite is entitled to amend these general terms and conditions. Where applicable, the Customer shall be notified thereof, whereby the amended general terms and conditions shall be provided to them and shall subsequently apply. In the case of a Consumer, amended general terms and conditions shall not apply to an Agreement already entered into if and insofar as the amendments are detrimental to them.
Every Agreement and all legal relationships arising therefrom between the Parties shall be governed exclusively by Dutch law.
The Parties shall not apply to the courts until they have made every effort to settle the dispute by mutual consultation.
Only the competent court within the district of the Midden-Nederland District Court is designated at first instance to hear any legal disputes between the Parties, without prejudice to Eachbite's right to designate another court with jurisdiction under the law. A Consumer is nevertheless entitled to choose the court with jurisdiction under the law within one month after Eachbite has announced In Writing that it wishes to institute proceedings before the court designated by it.