Terms & Conditions

Article 1 - Definitions

In these terms and conditions, the following terms are defined as follows, unless explicitly stated otherwise: Offer refers to any written proposal to the Buyer for the delivery of Products by the Seller, to which these terms and conditions are inseparable. Company refers to the natural person or legal entity acting in the exercise of a profession or business. Consumer is the natural person not acting in the exercise of a profession or business. Buyer is the Company or Consumer that enters into a (distance) agreement with the Seller. Agreement refers to the (distance) purchase agreement relating to the sale and delivery of Products purchased by the Buyer from Fomo.

Article 2 - Applicability

These general terms and conditions apply to every Offer from Fomo, every Agreement between Fomo and a Buyer, and every Product offered by Fomo. Before an Agreement (remotely) is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Fomo will inform the Buyer how they can review the general terms and conditions, which are in any case published on Fomo's website, allowing the Buyer to easily store them on a durable data carrier.

In exceptional situations, deviations from these general terms and conditions may be made if explicitly agreed upon in writing with Fomo. These general terms and conditions also apply to additional, amended, and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.

If one or more provisions of these general terms and conditions are partially or entirely null and void or annulled, the remaining provisions of these general terms and conditions will remain in force, and the null or annulled provision(s) will be replaced by a provision with the same intent as the original provision. Any ambiguities regarding the content, interpretation, or situations not regulated in these general terms and conditions should be assessed and interpreted in the spirit of these general terms and conditions. If these general terms and conditions refer to she/her, this should also be understood as a reference to he/him/his, where applicable.

Article 3 - The Offer

All offers made by Fomo are non-binding unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer. An Offer is only considered valid if it has been documented in writing. The Offer made by Fomo is non-binding. Fomo is only bound by the Offer if the Buyer confirms acceptance of it in writing within 30 days or if the Buyer has already paid the required amount. Nevertheless, Fomo reserves the right to refuse an Agreement with a potential Buyer for a reason deemed valid by Fomo.

The Offer includes an accurate description of the offered Product along with the corresponding prices. The description is detailed enough to allow the Buyer to make a well-informed assessment of the Offer. Apparent mistakes or errors in the Offer do not bind Fomo. Any images and specific details in the Offer are merely indicative and cannot serve as grounds for any compensation or termination of the (remote) Agreement. Fomo cannot guarantee that the colors in the images precisely match the actual colors of the Product.

Delivery times and deadlines mentioned in Fomo's Offer are indicative and do not entitle the Buyer to termination or compensation if exceeded, unless explicitly agreed otherwise. A combined price quotation does not oblige Fomo to deliver part of the goods included in the Offer at a portion of the stated price. If an offer is made, it does not automatically apply to repeat orders. Offers are only valid while supplies last and follow the first-come, first-served principle.

Article 4 - Formation of the Agreement

The Agreement is concluded when the Buyer accepts an Offer from Fomo by placing an order or paying for the relevant Product. For Agreements made outside the website, the Agreement is considered concluded when the Buyer has returned a signed copy (either scanned or in its original form) to Fomo or has explicitly and unambiguously accepted the Offer via email.

An Offer from Fomo may be made through the website, by phone, via email, or verbally. Once the Buyer has accepted the Offer by entering into an Agreement, Fomo will confirm the Agreement in writing or by email. If the Buyer's acceptance deviates in minor aspects from the Offer, Fomo is not bound by these deviations. Fomo is also not obligated to fulfill an Offer if the Buyer could have reasonably expected or understood that the Offer contained an obvious mistake or error. The Buyer cannot derive any rights from such mistakes or errors.

The right of withdrawal is excluded for Buyers who are Businesses. Buyers who are Consumers have the right to exercise their statutory right of withdrawal within the legal period. If the Buyer exercises the right of withdrawal, they must handle the Product and its packaging with care. The Product may only be unpacked to the extent necessary to determine its nature, characteristics, and functionality, but it must not be opened or used. In the event of withdrawal, the Buyer must return the Product, including all accompanying accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the seller. The direct costs of returning the Product are the responsibility of the Buyer.

Article 5 - Execution of the Agreement

Fomo will execute the Agreement to the best of its knowledge and ability. If and to the extent that proper execution of the Agreement requires it, Fomo has the right to have certain tasks carried out by third parties at its discretion. The Buyer is responsible for ensuring that all data, which Fomo indicates as necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to Fomo in a timely manner. If the data required for the execution of the Agreement is not provided to Fomo on time, Fomo has the right to suspend the execution of the Agreement.

In executing the Agreement, Fomo is not obliged to follow instructions from the Buyer if they alter the content or scope of the Agreement. If such instructions result in additional work for Fomo, the Buyer is obligated to compensate for the additional costs accordingly. Before proceeding with the execution of the Agreement, Fomo may require security from the Buyer or full prepayment. Fomo is not liable for any damage, of any nature, resulting from reliance on incorrect and/or incomplete data provided by the Buyer, unless Fomo was aware of this inaccuracy or incompleteness. The Buyer indemnifies Fomo against any claims from third parties who suffer damage in connection with the execution of the Agreement and which can be attributed to the Buyer.

If requested, Fomo may provide advice to the Buyer regarding the Product. This advice is non-binding and purely advisory in nature, though Fomo will observe its duty of care. The Buyer independently decides whether to follow the advice and bears full responsibility for this decision. Due to the nature of the services, the results will always depend on external factors that may influence Fomo’s reports and advice, such as the quality, accuracy, and timely provision of necessary information and data from the Buyer. The Buyer guarantees the quality, accuracy, and timely submission of the required data and information. Before the start of the assignment, the Buyer must inform Fomo in writing of all relevant circumstances, including any points and priorities to which the Buyer wishes to draw attention.

Article 6 - Delivery

If the start, progress, or delivery of the Agreement is delayed due to circumstances such as the Buyer’s failure to provide information on time, lack of cooperation, delayed payment to Fomo, or other external factors, Fomo has the right to a reasonable extension of the delivery period. All agreed delivery deadlines are not strict deadlines. The Buyer must provide Fomo with a written notice of default and allow a reasonable period to fulfill the delivery. The Buyer is not entitled to compensation for any delays.

The Buyer is required to accept the products when they are made available according to the Agreement, even if delivery occurs earlier or later than agreed. If the Buyer refuses to accept the delivery or fails to provide necessary information or instructions, Fomo is entitled to store the products at the Buyer’s expense and risk. If Fomo or an external carrier delivers the products, delivery costs may be charged to the Buyer unless otherwise agreed in writing.

The delivery period only starts after the Buyer has provided Fomo with all necessary information for executing the Agreement. Delivery deadlines given by Fomo are indicative. Longer delivery periods may apply for shipments outside the Netherlands. Fomo reserves the right to deliver products in installments and to invoice them separately unless otherwise agreed. Deliveries will only take place once all invoices have been paid; if there is a justified concern about non-payment, delivery may be refused.

Article 7 - Packaging and Transport

Fomo is committed to carefully packaging and securing the items to be delivered so that they reach their destination in good condition under normal use. Unless otherwise agreed in writing, all deliveries include value-added tax (VAT), packaging, and packaging materials. Signing the consignment note or receipt without any remarks is considered proof that the packaging was in good condition at the time of delivery.

Article 8 - Inspection and Complaints

The Buyer is required to inspect the delivered product at the time of (delivery) receipt and, in any case, within 14 days after receiving it. This inspection may be limited to unpacking the product to the extent necessary to assess whether the product remains intact. The Buyer must check whether the quality and quantity of the delivered goods comply with the Agreement and meet the usual requirements in normal trade. For Businesses, a shorter period of 3 days applies. After reporting any defects, the Buyer has another 14 days to return the goods.

The Buyer is responsible for researching and understanding the correct use of the product. Fomo accepts no liability for improper use of the product by the Buyer. Visible defects or shortages must be reported to Fomo in writing within 14 days of delivery. Hidden defects or deficiencies must be reported within 14 days of discovery, but no later than 6 months after delivery. If the product is damaged due to careless handling by the Buyer, the Buyer is liable for any depreciation in value.

If a Business Buyer submits a timely complaint, they remain obligated to pay for the purchased goods. The return of defective goods is only possible with prior written approval from Fomo and according to the return procedure specified by Fomo. Consumers exercising their right of withdrawal must return the product and all accessories, as much as possible, in original condition and packaging, following Fomo’s return instructions. Return costs are generally the responsibility of the consumer unless there is a manufacturing defect. In the case of a manufacturing defect, the consumer initially covers the return costs, which will be reimbursed after review by the seller. After installation and/or use, the product can no longer be returned. Fomo reserves the right to inspect returned products for authenticity and condition before issuing a refund and to charge for any depreciation in value.

Refunds are processed as soon as possible but may take up to 14 days after receiving the return and will be issued to the previously provided bank account. Exercising the right to complain does not grant the Buyer the right to suspend payment obligations or offset outstanding invoices. If a delivery is incomplete or products are missing due to Fomo’s actions, Fomo will, upon the Buyer’s request, send the missing product or cancel the remaining order. The receipt confirmation of the products is binding, and any damages resulting from a deviating delivery cannot be claimed against Fomo.

Article 9 - Prices

During the validity period of the Offer, the prices of the offered Products will not be increased unless there are changes in VAT rates. The prices stated in the Offer include VAT unless explicitly stated otherwise. The prices mentioned in the Offer are based on the cost factors applicable at the time of concluding the Agreement. These cost factors include, among others, import and export duties, freight and unloading costs, insurance, and any levies and taxes. If the prices of Products or raw materials are subject to price fluctuations in the financial market, beyond Fomo’s control, Fomo may offer these Products at variable prices. In such cases, the Offer will indicate that the prices are indicative and subject to fluctuation.

Article 10 - Payment and Collection Policy

Payment must be made in the currency stated on the invoice, either in advance or afterward using the method specified by Fomo. The Buyer cannot derive any rights or expectations from a previously provided estimate unless otherwise agreed in writing by both parties. Payment must be made in full to the bank account specified by Fomo and in accordance with the provided details. Any alternative payment terms can only be agreed upon with explicit written consent from Fomo.

If a periodic payment obligation has been agreed upon, Fomo reserves the right to adjust the applicable prices and rates in writing, subject to a notice period of 3 months. In the event of liquidation, bankruptcy, seizure, or suspension of payment by the Buyer, all claims of Fomo against the Buyer become immediately due. Fomo has the right to apply payments received from the Buyer first to cover costs, then to any outstanding interest, and finally to the principal amount and ongoing interest. If the Buyer proposes a different allocation of payment, Fomo may refuse this offer without being in default.

If the Buyer fails to meet their payment obligations and does not pay within the specified 14-day period, the Buyer (if a Business) is in default. For a Buyer who is a Consumer, a written reminder will first be sent, providing an additional 14-day payment term from the date of the reminder before the Buyer is considered in default. From the date of default, Fomo is entitled to claim statutory (commercial) interest from the first day of default until full payment, as well as compensation for extrajudicial collection costs in accordance with Article 6:96 BW and the graduated scale from the decree on compensation for extrajudicial collection costs of July 1, 2012. If Fomo incurs additional or higher costs that are reasonably necessary, these costs will also be charged to the Buyer, along with any legal and enforcement costs.

Article 11 - Retention of Title

All goods delivered by Fomo remain the property of Fomo until the Buyer has fully complied with all obligations under the Agreements. The Buyer may not pledge or otherwise encumber the goods delivered under retention of title as long as the ownership has not been fully transferred. If third parties seize these goods or wish to establish rights on them, the Buyer must immediately inform Fomo. The Buyer grants unconditional prior permission to Fomo to enter places where the goods are located and to reclaim them if necessary. Fomo may retain the purchased Products if the Buyer does not fully meet their payment obligations, even if there is an obligation to transfer or deliver the goods. After full payment, Fomo will deliver the Products to the Buyer as soon as possible, but no later than 20 working days. All costs and damages resulting from the retention of the Products are at the expense and risk of the Buyer and must be reimbursed to Fomo upon first request.

Article 12 - Warranty

Fomo guarantees that the Products comply with the Agreement, the specifications mentioned in the offer, and the applicable laws and regulations in force at the time of the conclusion of the Agreement. This warranty also applies if the Products are intended for use abroad, provided that the Buyer has notified this use in writing when entering into the Agreement. For Products with a manufacturer’s warranty, only the warranty provisions of the supplier apply, with a standard warranty period of 1 year from the date of the agreement.

The warranty expires if the Buyer has repaired or modified the delivered Products themselves or has had them repaired or modified by third parties. The warranty also does not apply if the Products have been exposed to abnormal conditions, treated carelessly, or if the treatment is contrary to Fomo’s instructions or the packaging. Furthermore, the warranty expires if the defect is entirely or partially the result of government regulations regarding the nature or quality of the materials used. The warranty does not apply if the Buyer has pumped a medium with a pump that is not suitable for the Product.

Article 13 - Suspension and Termination

Fomo is entitled to suspend the performance of its obligations or to terminate the Agreement if the Buyer fails to fully comply with their payment or other obligations. Fomo may also terminate the Agreement without judicial intervention if the Buyer fails to fulfill their obligations on time or properly. This applies also if circumstances arise that make the performance of the Agreement impossible or that, in fairness, can no longer be reasonably expected from the Buyer. In case of termination, all claims of Fomo against the Buyer become immediately due and payable. In the case of suspension of obligations, Fomo retains its rights based on the law and the Agreement, and it retains the right to claim compensation at any time.

Article 14 - Limitation of Liability

If Fomo is held liable for damage arising from the performance of the Agreement, this liability is limited to the costs invoiced by Fomo in relation to the Agreement, unless the damage was caused by intent or gross negligence. Fomo’s liability is further limited to the amount that the insurance company will pay out per event per year. Consequential damage, indirect damage, loss of profit, missed savings, and damage resulting from the use of the delivered Products are excluded from liability. For Consumers, a limitation applies in accordance with Article 7:24 paragraph 2 of the Dutch Civil Code.

Fomo is not liable for damage caused by the use of the Product, provided that the Buyer follows the strict maintenance and usage instructions. Damage due to wear and tear, accidental damage, light and water damage, theft, or loss is excluded from liability. Fomo is not responsible for damage caused by (incomplete or incorrect) information on the website(s) or linked websites, nor for errors in the functionality of the website, outages, or the unavailability of the website. Fomo is also not responsible for the correct and timely transmission or receipt of emails.

Advice from Fomo, based on incomplete or incorrect information provided by the Buyer, does not constitute grounds for liability. These advices are merely suggestions, and the Buyer decides at their own risk whether to follow them. Any consequences of following such advice are at the expense of the Buyer. If a third party is involved by the Buyer, Fomo is not liable for the actions and advice of this third party or for the integration of this advice into Fomo’s advice. Claims due to shortcomings of Fomo expire if they are not submitted in writing and substantiated within one year after the facts on which the claim is based became known, and in any case, one year after the termination of the Agreement.

Article 14 - Limitation of Liability

Article 15 - Force Majeure

Fomo is not liable for failing to fulfill its obligations under the Agreement if this is due to force majeure. Force majeure includes situations in which Fomo is prevented from fulfilling its obligations due to circumstances that are not attributable to its fault and that do not fall under its responsibility according to law, legal acts, or commonly accepted practices. This includes, but is not limited to, force majeure of suppliers, shortcomings of suppliers prescribed or recommended by the Buyer, defective goods or equipment from third parties, government measures, power outages, disruptions in internet and telecommunication facilities (such as due to cybercrime and hacking), natural disasters, war, terrorist attacks, general transportation problems, strikes within Fomo, and other circumstances beyond Fomo’s control that prevent the performance of its obligations.

Fomo may also invoke force majeure if the obstacle to performance occurs after it was supposed to fulfill its obligations. During the period of force majeure, both parties may suspend their obligations under the Agreement. If this period lasts for more than two months, each party has the right to terminate the Agreement without compensation to the other party. If Fomo has partially fulfilled its obligations during the force majeure or will be able to fulfill them, and this partial fulfillment has independent value, Fomo is entitled to invoice the fulfilled part separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 16 - Transfer of Risk

The risk of loss or damage to the Products transfers to the Buyer when the Products leave Fomo’s warehouse. For Business Buyers, this risk passes when the Products leave the warehouse. For Consumer Buyers, the risk transfers when the Products are placed under the control of the Buyer, which occurs when the Products are delivered to the Buyer’s delivery address.

Article 17 - Confidentiality

Fomo and the Buyer are obliged to keep all confidential information obtained in the context of the Agreement secret. This obligation applies to information that can reasonably be expected to be confidential, as well as information that is marked as such. The confidentiality obligation does not apply to information that is already public or widely known, is not confidential, or was not provided to Fomo during the Agreement or otherwise obtained by Fomo.

Article 18 - Intellectual Property Rights

All intellectual property rights and copyrights related to the Products and services provided by Fomo remain exclusive to Fomo. The Buyer is not entitled to disclose, reproduce, modify, or make these rights available to third parties without the explicit written consent of Fomo. Changes to the products provided by Fomo may only be made after explicit approval from Fomo. The Buyer may only use the Products as agreed in the Agreement and not otherwise.

Article 19 - Privacy, Data Processing, and Security

Fomo handles (personal) data of the Buyer and website visitors with the necessary care and in accordance with applicable privacy legislation. Upon request, Fomo will inform the data subject about the processing of this data. If Fomo is responsible for securing information under the Agreement, the security will comply with the agreed specifications and provide a level that, given the state of technology, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 20 - Complaints

The Buyer must report complaints regarding the Products or the performance of the Agreement as soon as possible, but no later than 14 calendar days after the complaint arises, through our contact page. The complaint must be sufficiently substantiated and explained for Fomo to handle it. Fomo will respond substantively within 14 calendar days of receiving the complaint. Both parties will attempt to find a solution together.

Article 21 - Applicable Law

All Agreements between Fomo and the Buyer are governed by Dutch law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the event of a dispute regarding the interpretation of the general terms and conditions, the Dutch text will prevail. Fomo reserves the right to unilaterally change these general terms and conditions. Any disputes arising from or related to the Agreement will be resolved by the competent Court of Rotterdam, unless mandatory legislation designates a different court as competent.

Article 22 - External Production and No Medical Claims

Fomo acts solely as a reseller and does not manufacture the Products itself. All warranties, specifications, and product characteristics are based on the information provided by the respective manufacturers. Fomo is not responsible for any production defects, deviations, or inaccuracies in the provided product information.

Furthermore, Fomo makes no claims regarding the prevention of hearing damage. The Products sold by Fomo are not classified as medical devices and do not guarantee protection against hearing loss or damage. Users are solely responsible for the correct usage of the Products and for taking appropriate measures to protect their hearing.

Article 23 - Additional Liability Limitations

In addition to the limitations stated in Article 14, Fomo is not liable for any damage arising from the Buyer’s assumption that the Products offer specific health or safety benefits unless explicitly stated in official documentation from the manufacturer. Any reliance on such assumptions is at the sole risk of the Buyer.

Fomo shall not be liable for any damages resulting from manufacturing defects, as these fall under the responsibility of the respective manufacturers. Any claims related to defects must be directed toward the manufacturer under their applicable warranty and liability terms.

Article 24 - Product Usage Responsibility

The Buyer acknowledges and agrees that they are solely responsible for the appropriate use of the Products. Fomo is not liable for any misuse, unintended applications, or improper handling that results in damage, injury, or financial loss. It is the Buyer’s responsibility to follow the manufacturer’s instructions and safety guidelines.

By purchasing from Fomo, the Buyer accepts these terms and acknowledges that Fomo does not guarantee specific performance results beyond what is officially stated by the manufacturer.