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 from Green Vitality BV
The user of these general terms and conditions is hereinafter referred to as Green Vitality BV and the other party with "client". These conditions always apply in the most recent version to future and/or subsequent agreements between Green Vitality and the client, even if no explicit reference is made to these conditions.
1.2 If the quotations from Green Vitality BV (hereinafter: the Green Vitality quotation) or other offers from Green Vitality include provisions that explicitly deviate from provisions in the present general terms and conditions, for example with regard to discounts, payment terms, minimum orders, transport costs, etc., these explicit provisions apply above and instead of the provisions relating to corresponding subjects in these general terms and conditions.
1.3 By the mere fact of his assignment to Green Vitality, the client waives any existing conditions on his part, however named and however presented, so that only the present general terms and conditions apply to all agreements.
1.4 Green Vitality is not responsible for typographical, typesetting or printing errors that could inadvertently communicate an incorrect sales price. If this occurs, the price will be adjusted by Green Vitality as soon as possible.
Article 2. Offers and orders
2.1 All offers from Green Vitality, including those mentioned in the Green Vitality quotation/offer, are without obligation, both in terms of 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 order. 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 size of the products to be delivered as stated in the offer. Orders that relate to only part of the offer give 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 agree otherwise in writing.
3.3 Green Vitality will deliver on or before the desired date for special promotions, such as events. However, Green Vitality depends on the carrier and this can be 98% guaranteed. Green Vitality is therefore not liable for possible late delivery.
Article 4. Delivery of products and delivery time
4.1 The delivery of products takes place when Green Vitality has them ready in its warehouse for shipment to the client. The risk of shipping is for Green Vitality, unless otherwise notified in a timely manner. When returning a shipment from the client to Green Vitality, the risk is 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 delivering the products once to that address. The client cannot rely on the fact that the products were not received upon presentation or on the recipient's inability to receive the products on his behalf.
4.3 An agreed delivery time will be extended by the period in which Green Vitality was entitled to invoke any right of suspension or force majeure.
4.4 The delivery times mentioned by Green Vitality are a maximum of 14 days unless otherwise agreed with the client or otherwise indicated by the client. If Green Vitality cannot meet the agreed delivery time, Green Vitality must inform the client of this and propose a new delivery time. The client has 3 working days to cancel the order. If the client has already met the payment obligation, Green Vitality must refund the amount within 30 days upon termination of the assignment.
4.5 Green Vitality has the right to make deliveries in parts. If Green Vitality exercises this right, each delivery will count as a separate purchase agreement, which entails a payment obligation for the client.
Article 5. Delivery of special products
5.1 If Green Vitality receives an order for the delivery of c. specially processed for the client.q. compound c.q. printed products under private label, the client is obliged to supply directly reproducible material of good quality.
5.2 Green Vitality is obliged to send a digital proof in advance if this has been confirmed to the client via the email confirmation. proof c.q. sample is deemed to have been approved by the client, if not rejected by the client by email within five working days of the proof c.q. the sample has been responded to, it will be made as the proof was supplied by Green Vitality via email. If the products supplied by Green Vitality deviate slightly - including differences in color shades - from the proof or sample, this cannot be regarded as a shortcoming on the part of Green Vitality.
5.3 All costs associated with the work to be carried out by Green Vitality for the compilation and processing of the information referred to in Article 5.Products referred to in 1 will be charged separately to the client, unless expressly agreed otherwise.
5.4 The files supplied by the client or files created by Green Vitality remain the property of Green Vitality. These files can be used by Green Vitality for promotional purposes such as inclusion on the website, brochure or trade fairs without consultation with the client.
Article 6. Warranties/claims
6.1 The Client is obliged to investigate upon delivery whether the delivered goods comply with 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 apply as an expiry period.
6.3 Complaints regarding defects that are 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 case within two weeks after delivery of the goods, which periods shall apply as expiry periods.
6.4 Complaints regarding the amount of invoices sent by Green Vitality must be made by email within the payment term referred to in Article 11, paragraph 1, which term shall apply as the expiry period.
6.5 After receipt of the complaint in accordance with the previous paragraphs of this article, Green Vitality will, if the client's objection is justified in its opinion, repair, replace or compensate the defect, at the sole discretion of Green Vitality. Under no circumstances will 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 caused as a result of the defect, nor is it obliged to perform any other performance than mentioned in the first sentence of this paragraph.
6.6 If the client brings complaints to Green Vitality and in connection therewith, whether or not at the request of Green Vitality, returns goods to Green Vitality, if the complaints are not recognized by Green Vitality, all associated costs – including the costs of transport – will be borne by the client. Unless Green Vitality expressly states otherwise in its return confirmation.
6.7 The presence of a defect as referred to in this article does not give the client the right to suspend his payment obligations under the agreement. Green Vitality is not obliged to provide any performance if and as long as the client has not fulfilled all his obligations towards Green Vitality (including the full payment of the purchase price), regardless of whether these obligations arise from the concluded agreement or have been otherwise to arise. Unless Green Vitality expressly states otherwise in its return confirmation.
6.8 Correctly delivered products will not be taken back, unless Green Vitality and the client expressly agree otherwise in writing. In that case, all products to be returned must be in their original condition and in the original packaging and Green Vitality will credit the client for the invoice amount of these products, less its costs and the amount of the decrease in value of the products. The costs of returns are borne by the client.
6.9 Green Vitality reserves the right not to process complaints lower than an amount of € 50 and less than 2% of the total delivered goods and not to refund the aforementioned delivered goods.
6.10 All complaints are taken seriously by Green Vitality. You can make this known via the general email address; management@green-vitality.nl
Article 7 Right of return
7.1 The customer has the right of return within 14 days of receiving the product. Without giving a reason, the customer can return an unopened product and the purchase price will be refunded in whole or in part and within reason. Personalized items are never returned. The costs for returning the product are for the customer.
7.2 However, there are conditions attached to returning a package; The product must not have been used and still be salable. (The client must be able to view the product, but not use it). It must be undamaged, complete and returned in the original packaging. The right of return does not apply to purchases that are specially made to order and are therefore custom-made. Customization 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.
Article 8. Force majeure
8.1 In the event of force majeure on the part of Green Vitality, Green Vitality has the right, at its option, to suspend the execution of the agreement or to dissolve the agreement in whole or in part, without being obliged to pay any compensation to the client. are.
8.2 Force majeure means any circumstance on the basis of which (further) compliance with the agreement can no longer reasonably be expected by the client, including in any case export and/or import bans, a ban imposed by a third party on Green Vitality to supply products because this conflicts with industrial or intellectual property rights of a third party, strike, fire and other calamities that prevent or limit business operations, lack of raw materials and consumables, transport barriers, wars, riots and measures taken by higher authorities, and regardless of whether these circumstances occur at Green Vitality or its suppliers.
Article 9. Retention of title
9.1 All products delivered by Green Vitality 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 from Green Vitality due to the client's failure to comply with the aforementioned agreements.
9.3 If Green Vitality has good reason to fear that the client will fail to meet its payment obligations towards Green Vitality, Green Vitality will not ship the products to be delivered.
9.4 Images supplied by the client for personalizing ordered items can be used by Green Vitality for publication on websites, brochures and other media, unless the client does not grant permission for this in advance. 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/settlement
10.1 Green Vitality has the right, without prejudice to its rights under the law, to terminate the agreement with immediate effect in the event of bankruptcy, suspension of payments or liquidation of the client's company or in the event of a major change in the control relationships at the contractor.
10.2 The client is not entitled to invoke any right of suspension, including a right of retention and/or settlement, against Green Vitality.
Article 11. Liability
11.1 Apart from the delivery of the products as included in the agreement with the client and the obligations referred to in Article 6, Green Vitality is not obliged to perform any performance towards the client.
11.2 Green Vitality is not liable for any damage, direct or indirect and of any nature whatsoever, 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. fault of the management of Green Vitality
11.3 The compensation to which Green Vitality could be obliged will never exceed the invoice value of the delivered products in relation to 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 agree otherwise by email confirmation, failing which the client will be in default by operation of law (i.e. without any reminder or notice of default being required).
12.2 In the absence of timely payment, the client owes interest of 1.5% for each month or part thereof by which the payment term has been exceeded. The interest due is calculated on the part of the total invoice amount that has not been paid.
12.3 If the client fails to pay the amount owed even after the first reminder, he is obliged to reimburse the extrajudicial collection costs of Green Vitality, which costs are calculated in accordance with the collection rate of the Dutch Bar Association, based on the minimum. Green Vitality is not obliged to demonstrate that the extrajudicial collection costs up to the aforementioned percentage c.q. amount actually made by her.
Article 13. Privacy
13.1 Green Vitality respects the privacy of the client. We only ask for personal information when an order is actually placed. All data made available is treated with the utmost care and stored securely. This applies to both customer data and the (address) data 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 conditions have been filed with the Chamber of Commerce.
