General terms and conditions
General terms and conditions of Green Vitality BV
(Chamber of Commerce 91304504), located in Arnhem.
Article 1. General
1.1 These terms and conditions, without prejudice to the provisions of paragraph 2 of this article, apply to all offers, agreements and invoices of 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 are always in the most recent version also applicable to future and/or follow-up agreements between Green Vitality and client, even if no express reference is made to these conditions.
1.2 If in the quotations of Green Vitality BV (hereinafter: the Green Vitality quotation) or in other offers from Green Vitality If provisions are included that explicitly deviate from provisions in these general terms and conditions, for example with regard to discounts, payment terms, minimum orders, transport costs, etc., these explicit provisions apply above and in place of the provisions relating to corresponding subjects in these general terms and conditions.
1.3 By the mere fact of his commission to Green Vitality, the client waives any conditions existing 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 typing, typesetting and printing errors that could unintentionally communicate an incorrect sales price. If this occurs, 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 quotation/offer, are without obligation, both with regard to 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 implementation 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 size of the products to be delivered as stated in the offer. Orders that relate to only a 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 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 Delivery of products takes place at the time that Green Vitality has this ready in its warehouse for shipment to the client. The risk of shipment is for Green Vitality, unless otherwise reported in a timely manner. In case of return shipment from client to Green Vitality is the risk for the sender.
4.2 If it has been agreed that Green Vitality 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 rely on the fact that the products were not received upon offering or on the recipient's lack of authority 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 by Green Vitality The delivery times stated 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 to inform the client of this and to come up with a new delivery time. The client has 3 working days to cancel the order. If the client has already fulfilled the payment obligation, Green Vitality to refund the amount within 30 days upon cancellation of the order.
4.5 Green Vitality has the right to make partial deliveries. If Green Vitality If the customer exercises this right, each delivery will be considered a separate purchase agreement, which will entail a payment obligation for the customer.
Article 5. Delivery of special products
5.1 If Green Vitality If an order is received for the delivery of products specially processed or assembled or printed for the client 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. The proof or sample is deemed to have been approved by the client, if the client has not responded to the proof or sample by email within five working days, it will be made as the proof via email by Green Vitality has been delivered. If the by Green Vitality If the delivered products deviate slightly from the proof or sample - including differences in colour shades - this cannot be regarded as a shortcoming of Green Vitality.
5.3 All costs associated with the Green Vitality Work to be carried out for the purpose of composing and processing the products referred to in Article 5.1 will 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 downloaded by Green Vitality be used for promotional purposes such as mentioning on the website, brochure or trade fairs without consultation with the client.
Article 6. Guarantees/complaints
6.1 The client is obliged to examine upon delivery whether the delivered goods correspond to the agreement.
6.2 Complaints regarding externally visible defects must be submitted by email within 5 days of delivery of the goods, which period shall be regarded as a limitation period.
6.3 Complaints regarding defects that are not externally visible must be submitted 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 be regarded as expiry periods.
6.4 Complaints regarding the amount of the Green Vitality Invoices sent must be paid by email within the payment term stated in Article 11 paragraph 1, which term shall be regarded as the expiry date.
6.5 After receipt of the complaint in accordance with the preceding paragraphs of this article, Green Vitality if the client's objection is justified in its opinion, proceed to repair, replace or compensate for the defect, at the sole discretion of the client Green Vitality. In no event 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 resulting from the defect, nor is it obliged to perform any other service 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, if the complaints are made by Green Vitality are not recognized, all associated costs – including transport costs – shall 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 perform any service if and as long as the client does not fulfil all his obligations towards Green Vitality (including full payment of the purchase price), regardless of whether these obligations arise from the concluded agreement or arose in another way. 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 credit the client for the invoice amount of these products, reduced by 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 complaints lower than an amount of €50 and less than 2% of the total delivered goods, and not to reimburse the aforementioned delivered goods.
6.10 All complaints are handled by Green Vitality seriously considered. You can make this known via the general e-mail address; management@green-vitality.nl
Article 7 Right of return
7.1 The customer has the right to return within 14 days after receiving the product. Without giving a reason, the customer can return an unopened product in which case the purchase price will be refunded in whole or in part and within reason. Personalized items are never taken back. The costs for returning the product are for the customer.
7.2 However, there are conditions attached to returning a package; The product may not be used and still be saleable. (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. Custom-made products are not covered by 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 has Green Vitality the right, at its discretion, to suspend the performance of the agreement or to terminate the agreement in whole or in part, without being obliged to pay any damages to the client.
8.2 Force majeure means any circumstance on the basis of which (further) performance of the agreement can no longer reasonably be expected by the client, including in any case export and/or import bans, a third party's request Green Vitality imposed ban on the supply of products because this is in conflict with the industrial or intellectual property rights of a third party, strikes, fire and other calamities that prevent or restrict business operations, shortage of raw materials and auxiliary materials, transport obstacles, wars, riots and measures from above, and regardless of whether these circumstances occur in Green Vitality or from 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 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 his payment obligations towards Green Vitality will fall short will Green Vitality do not ship the products to be delivered.
9.4 Images supplied by the client for personalizing ordered items can be Green Vitality be used 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/offsetting
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 client.
10.2 The client is not entitled to claim against Green Vitality to invoke any right of suspension, including a right of retention and/or set-off.
Article 11. Liability
11.1 In addition to the delivery of the products as included in the agreement with the client and the obligations as stated in article 6, Green Vitality not obliged to perform any services 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 to the extent that 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 may be required, 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 notice or notice of default being required).
12.2 In the event of late payment, the client shall owe interest of 1.5% for each month or part thereof by which the payment term is exceeded. The interest due shall be calculated on the portion 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 pay the extrajudicial collection costs of Green Vitality to be reimbursed, 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 or amount were actually incurred by it.
Article 13. Privacy
13.1 Green Vitality respects the privacy of the client. We only ask for personal data when an order is actually placed. All data provided 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, we refer you to the privacy statement elsewhere on this website.
Article 14. Entry into force
14.1 These general terms and conditions are effective as of 01-03-2024.
These terms and conditions have been filed with the Chamber of Commerce.
