General Terms and Conditions
General Terms and Conditions of Green Vitality BV
(Chamber of Commerce) 91304504), established in Arnhem.
Article 1. General
1.1 These terms and conditions apply, without prejudice to the provisions of paragraph 2 of this article, to all offers, agreements and invoices of Green Vitality BV
The user of these general terms and conditions is hereinafter referred to Green Vitality BV and the other party referred to as "client". These terms and conditions, in their most recent version, also apply to future and/or subsequent agreements between Green Vitality and client, even when these terms and conditions are not expressly referred to.
1.2 If in the quotations of Green Vitality BV (hereinafter: the Green Vitality offer) or in other offers of Green Vitality If provisions are included that explicitly deviate from provisions in these General Terms and Conditions, for example regarding discounts, payment terms, minimum orders, transport costs, etc., these explicit provisions shall prevail over and replace the provisions regarding corresponding subjects in these General Terms and Conditions.
1.3 By the mere fact of his assignment to Green VitalityThe Client waives any terms and conditions existing on its part, however named or presented, so that these general terms and conditions apply exclusively to all agreements.
1.4 Green Vitality is not responsible for typing, typesetting, and printing errors that could unintentionally lead to an incorrect sales price being communicated. Should this occur, the price will be Green Vitality be adjusted as soon as possible.
Article 2. Offers and orders
2.1 All offers from Green Vitality, including those mentioned in the Green Vitality quotations/offers are non-binding regarding both price and delivery time, unless Green Vitality expressly states otherwise in its order confirmation.
2.2 The agreement is concluded by email confirmation of an order by Green Vitality or by or at the start of the actual execution by Green Vitality of that assignment. Green Vitality reserves the right to refuse orders or assignments without giving reasons.
Article 3. Prices
3.1 Prices and other conditions are based on the type and scope of the products to be delivered as stated in the quotation. Orders relating to only a part of the quotation provide Green Vitality the right to revise the prices and conditions stated herein.
3.2 All prices are exclusive of VAT and exclusive of handling and transport costs, unless Green Vitality and the client expressly agrees otherwise in writing.
3.3 Green Vitality will deliver on or before the desired date for special promotions, such as for events. However, is Green Vitality This depends on the carrier and can be guaranteed for 98%. Green Vitality is therefore not liable for any possible late delivery.
Article 4. Delivery of products and delivery time
4.1 The delivery of products takes place at the moment that Green Vitality which is ready for shipment to the client in its warehouse. The risk during shipment is for Green Vitality, unless otherwise notified in good time. Upon return shipment from client to Green Vitality is the risk for the sender.
4.2 If it has been agreed that Green Vitality will deliver the products to an address specified by the client, it has fulfilled that obligation by offering the products once at that address.The client cannot invoke the fact that the products were not received upon delivery or the recipient's lack of authority to receive the products on his behalf.
4.3 An agreed delivery time is extended by the period in which Green Vitality was entitled to invoke any right of suspension or force majeure.
4.4 The by Green Vitality The stated delivery times are a maximum of 14 days, unless otherwise agreed with the client or indicated otherwise by the client. If Green Vitality cannot meet the agreed delivery time, must Green Vitality to inform the client of this and to provide a new delivery time. The client has the option to cancel the order within 3 working days. If the client has already fulfilled the payment obligation, the client must Green Vitality to refund the amount within 30 days upon termination of the assignment.
4.5 Green Vitality has the right to make deliveries in installments. If Green Vitality makes use of that right, each delivery is considered a separate purchase agreement, which entails a payment obligation for the client.
Article 5. Delivery of special products
5.1 If Green Vitality receives order for the delivery of specially processed for the client c.q. composite c.q. For printed products under private label, the client is obliged to supply directly reproducible material of good quality.
5.2 Green Vitality is required to send a digital proof in advance if this has been confirmed to the client via the email confirmation. Proof c.q. The sample is deemed to have been approved by the Client if the Client does not reject the proof by email within five working days thereafter. c.q. Once the sample has been responded to, it is being made exactly like the proof sent via email. Green Vitality has been delivered. If the by Green Vitality If delivered products deviate to a minor extent from the proof or sample – which is also understood to include differences in color shades – this shall not be regarded as a defect of Green Vitality.
5.3 All costs in connection with the by Green Vitality Work to be performed for the composition and processing of the products referred to in Article 5.1 shall be charged separately to the Client, unless expressly agreed otherwise.
5.4 The files supplied by the client or by Green Vitality created files remain the property of Green VitalityThese files can be by Green Vitality are used for promotional purposes such as mention on the website, brochure, or at trade fairs without consultation with the client.
Article 6. Warranties/claims
6.1 The Client is obliged to examine, upon delivery, whether the delivered goods conform to the agreement.
6.2 Complaints regarding externally visible defects must be made by email within 5 days after delivery of the goods, which period shall be considered a forfeiture period.
6.3 Complaints regarding defects not externally visible must be made by email within five days after the defects have been discovered or could reasonably have been discovered, but in any event within two weeks after delivery of the goods, which periods shall be considered forfeiture periods.
6.4 Complaints regarding the amount of the by Green Vitality Invoices sent must be paid by email within the payment term mentioned in Article 11, paragraph 1, which term shall be considered a due date.
6.5 Upon receipt of the complaint in accordance with the preceding paragraphs of this article, Green Vitality if in its opinion the Client's objection is well-founded, proceed to repair, replacement or compensation for the defect, this being solely at the option of Green VitalityIn no case shall the value of the performance of Green Vitality as referred to in the previous sentence exceed the price of the defective part of the delivered products. Green Vitality is not liable for any damage arising as a result of the defect, nor is it obliged to perform any service other than that referred to in the first sentence of this paragraph.
6.6 If the client brings complaints to the attention of Green Vitality and in connection therewith, whether or not at the request of Green Vitality, goods to Green Vitality returns, are, if the complaints by Green Vitality are not acknowledged, all associated costs – including transport costs – for the account of the Client. Unless Green Vitality explicitly states otherwise in its return confirmation.
6.7 The presence of a defect as referred to in this article does not entitle the Client to suspend his payment obligations under the agreement. Green Vitality is not obliged to perform any performance if and as long as the client does not fulfill all his obligations towards Green Vitality (including the full payment of the purchase price) has fulfilled, regardless of whether these obligations arise from the concluded agreement or have arisen in any other way. Unless Green Vitality explicitly states otherwise in its return confirmation.
6.8 Correctly delivered products will not be taken back, unless Green Vitality and the client expressly agrees otherwise in writing. In that case, all products to be returned must be in their original condition and in the original packaging and will Green Vitality credit the client for the invoice amount of these products, less its costs and the amount of the depreciation of the products. The costs of return shipments are for the account of the client.
6.9 Green Vitality reserves the right not to process claims for an amount of € 50.00 and less than 2% of the total goods delivered, and not to proceed with compensation for the aforementioned delivered goods.
6.10 All complaints are handled by Green Vitality being taken into serious consideration. You can report this via the general email address; management@green-vitality.nl
Article 7 Right of return
7.1 The customer has the right of return within 30 days of receipt of the product. Without giving a reason, the customer may return an unopened product, in which case the purchase price will be refunded in full or in part, reasonably. Personalized items are never accepted for return. The costs for returning the product are the responsibility of the customer. An official return is requested via email.
7.2 However, there are conditions attached to the return of a package; the product must not have been used and must still be saleable. (The client must be able to inspect the product, but not put it into use). It must be undamaged, complete, and returned in the original packaging. The right of return does not apply to purchases that have been specially made to order and are therefore custom-made. Custom work falls outside this right. The right of return does not apply to a service that the seller has started with the consumer's consent before the cooling-off period has expired.The purchase amount will be credited within 30 days.
7.3 Not at home, a package refused, or not picked up at a service point? Then the package will be automatically returned to us. Do you still want to receive it? No problem! We are happy to resend it. You will receive a payment request from us for the new shipping costs. As soon as these have been paid, we will send the package back to you. Would you rather cancel? Then request an official return. We will refund the amount of the items, excluding the original shipping costs. We will retain these as a contribution towards the shipping and handling costs incurred. If this order is returned to our address without a return being requested, we will attempt to contact the customer. If we are unable to do so within 7 days, we will treat the order as completed and not initiate a refund.
Tip: Pick up your package on time to avoid extra costs. You will always receive a notification from the service point as soon as it is ready. When an order is shipped, a customer receives a Track. & Tracking code. Keep a close eye on this so you know when and where your package will be delivered.
Article 8. Force Majeure
8.1 In the event of force majeure on the part of Green Vitality has Green Vitality the right, at its option, to suspend the performance of the agreement or to dissolve the agreement in whole or in part, without being obliged to pay any compensation to the Client.
8.2 Force majeure is understood to mean any circumstance on the basis of which (further) performance of the agreement can no longer reasonably be demanded by the Client, including in any case export and/or import bans, an action by a third party to Green Vitality imposed prohibition on supplying products because this is in violation of the industrial or intellectual property rights of a third party, strikes, fires and other calamities that prevent or restrict business operations, lack of raw materials and supplies, transport impediments, wars, riots and measures imposed by higher authorities, and regardless of whether these circumstances occur at Green Vitality or at its suppliers.
Article 9. Retention of title
9.1 All by Green Vitality Products delivered to the client remain the property of Green Vitality as long as the client has not fulfilled all payment obligations as confirmed to the client by email.
9.2 The provisions of paragraph 1 also apply to claims of Green Vitality due to the Client's failure to fulfill the said agreements.
9.3 If Green Vitality has good grounds to fear that the Client will fail to meet its payment obligations towards Green Vitality will fall short Green Vitality do not ship the products to be delivered.
9.4 Images provided by the client for the personalization of ordered items can be used by Green Vitality be used for publication on websites, brochures, and other media, unless the Client does not grant prior permission for this. The Client must indicate this in writing. The images will not be resold to third parties and will only be used as advertising for Green Vitality. Green Vitality cannot be held liable for improper use of images by third parties
Article 10. Dissolution/suspension/set-off
10.1 Green Vitality has the right, without prejudice to its rights under the law, to dissolve the agreement with immediate effect in the event of bankruptcy, suspension of payments, or liquidation of the Client's business, or in the event of a substantial change in the control structure of the Client.
10.2 The client is not entitled to Green Vitality to invoke any right of suspension, including a right of retention and/or set-off.
Article 11. Liability
11.1 Apart from the delivery of the products as included in the agreement with the client and the obligations as referred to in Article 6, is Green Vitality not bound to any performance towards the client.
11.2 Green Vitality is not liable for any damage, direct or indirect and of whatever nature, regardless of the manner in which it arose and the persons by whom the damage was caused, except insofar as the damage is the result of intent or gross negligence on the part of the management of Green Vitality
11.3 The compensation to which Green Vitality that which may be required shall never exceed the invoice value of the delivered products in respect of which the damage occurred or as a result of which the damage was caused.
Article 12. Payment
12.1 Payment must be made before delivery of goods, unless Green Vitality and the Client expressly agrees otherwise by email confirmation, failing which the Client shall be in default by operation of law (thus without any reminder or notice of default being required).
12.2 In the event of failure to make timely payment, the Client shall owe interest of 1.5% for each month or part thereof by which the payment term has been exceeded. The interest due shall be calculated on the portion of the total invoice amount that remains unpaid.
12.3 If the client remains in default with the payment of the amount due even after the first reminder, he is obliged to pay the extrajudicial collection costs of Green Vitality to reimburse, which costs are calculated in accordance with the collection fee schedule of the Netherlands Bar Association, based on the minimum. Green Vitality is not required to demonstrate that the extrajudicial collection costs amount to the aforementioned percentage c.q. amount actually incurred by her.
Article 13. Privacy
13.1 Green Vitality respects the privacy of the client. We only request personal data when an order is actually placed. All provided data is handled with the utmost care and stored securely. This applies to both customer data and the (address) details of the client. Green Vitality will never rent, distribute, or sell personal data, such as name, address, and place of residence, to third parties.
For detailed information, please refer to the privacy statement elsewhere on this website.
Article 14. Entry into force
14.1 These general terms and conditions are effective from 01-03-2024.
These terms and conditions have been filed with the Chamber of Commerce.
