General terms and conditions

Contents

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the trader in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Duration transactions Term, cancellation and extension
Article 15 - Payment

Article 16 - Retention of title
Article 17 - Complaints procedure
Article 18 - Disputes
Article 19 - Additional or different provisions

Article 20 - Validity of General Terms and Conditions

Article 1 Definitions

In these terms and conditions, the following terms shall have the following meanings:

Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Grace period: The period during which the consumer can make use of the right of withdrawal;
Consumer: The natural person who is not acting for purposes relating to his trade or profession;
Day: Calendar day ;
Digital content: Data produced and delivered in digital form;
Door-to-door contract: A contract for the regular supply of goods, services and/or digital content for a specific period of time;
Durable medium: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use for a period of time that is appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
Right of withdrawal: The right of the consumer to withdraw from the distance contract within a cooling-off period;
Entrepreneur: The natural or legal person who offers products, access to digital content and/or services to consumers from a distance;
Distance contract: an agreement that is concluded between the trader and the consumer as part of an organised system for the distance sale of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
Technique for distance communication: means that can be used for concluding a distance contract, without the consumer and entrepreneur having to come together in the same room for this.

Article 2 Identity of the entrepreneur

Address data:

Greenvalley Health Products B.V.

Agro Business Park 38

6708 PW Wageningen

info@greenvalleyhealthproducts.nl

Telephone number:

Reachable from Monday to Friday from 09:00 to 17:00

Chamber of Commerce: 81139063

Btw-identificatienummer: NL861949778B01

Article 3 Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.

Article 4 The offer

If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 The Agreement

The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur may, within legal frameworks, inform the consumer about his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
No later than at the time of delivery of the product, service or digital content, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's office where the consumer can get into contact for complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c.the information on guarantees and existing after-sales service;
d.the price, including all taxes, of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e.the requirements for cancelling the contract if the contract has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model form for cancellation.
In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 Right of withdrawal

The consumer can dissolve an agreement related to the purchase of a product during a reflection period of 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s).
The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in one order: the day the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. in case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer can terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium during 30 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content which is not supplied on a tangible medium in the event that the consumer is not informed about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will end 14 days after the day on which the consumer received this information.

Article 7

During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer shall only be liable for any diminution in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
The consumer shall not be liable for any diminution in the value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

Article 8 exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
The Consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Entrepreneur
The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
The consumer shall bear the direct costs of returning the product.
If the consumer makes use of his right of withdrawal, all supplementary contracts shall be cancelled by operation of law.

Article 9 Obligations of the Entrepreneur in the event of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgement of receipt of this notification without delay.
The entrepreneur shall use the same means of payment as the consumer has used for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

Article 10 Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract:
Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
Service contracts, after full performance of the service, but only if:
a.the performance has started with the consumer's explicit prior consent; and
b.the consumer has declared that he will lose his right of withdrawal when the entrepreneur has fully performed the contract;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
Products made to the consumer's specifications, including prefabricated products, which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
Products which, after delivery, are irrevocably mixed with other products due to their nature;
Alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, journals or magazines with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:
a.the performance has begun with the express prior consent of the consumer; and
b.the consumer has declared that he thereby loses his right of withdrawal.

Article 11 The price

All agreements are always concluded on the basis of the prices valid at the time of conclusion of the agreement.
Price lists and advertisements are subject to printing and typing errors and model changes and are not binding for the entrepreneur.
The prices mentioned in the offer of products or services include VAT.

Article 12 Fulfilment of agreement and additional guarantee

The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader on the basis of the agreement if the trader has failed to fulfil his part of the agreement.
By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfil his part of the agreement.

Article 13 Delivery and execution

The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in Article 4 of these general conditions, the entrepreneur will execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.

Article 14 Duration transactions: duration, termination and renewal

Termination:

The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month.
The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer can terminate the contracts referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or in a specific period;
at least terminate them in the same way as they were entered into by him;
always terminate them with the same period of notice as the entrepreneur has stipulated for himself.
Renewal:
A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer is able to terminate this renewed contract towards the end of the renewal period, with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month. The maximum notice period is three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends at the end of the trial or introductory period.
Duration:
If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness dictate otherwise.

Article 15 Payment

As far as no other stipulations have been made in the agreement or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When an advance payment has been stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by the proprietor of the late payment and after the proprietor has given the consumer a period of 14 days to meet his payment obligations as yet, owe the statutory interest on the amount due and the proprietor has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the next € 2500; and 5% on the following € 5000, with a minimum of € 40. The proprietor can deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 16 Retention of title

The ownership of the delivered products is transferred to the consumer only after the amount due has been paid.

Article 17 Complaints procedure

The entrepreneur has a complaints procedure and handles the complaint in accordance with this complaints procedure. In the event of a complaint, the consumer can call the telephone number - or send an e-mail to info@greenvalleyhealthproducts.nl.
Complaints about the performance of the contract must be submitted, fully and clearly described, to the trader at the telephone number - or email to info@greenvalleyhealthproducts.nl - within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least four weeks to resolve the complaint in mutual consultation.

Article 18 Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 19 Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a long-term data carrier.

Article 20 Validity of General Terms and Conditions

If any provision of these general terms and conditions should be void or voidable, this shall not affect the other provisions of these general terms and conditions.