General Terms and Conditions

These General Terms and Conditions from greenlabshop.co.uk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014

CONTENTS

 

Article 1  - Definitions                                              

Article 2  - The Entrepreneur’s identity                       

Article 3  - Applicability                                           

Article 4  - The offer                                     

Article 5  - The agreement                                      

Article 6  - Right of withdrawal                                  

Article 7  - Consumer’s obligations during the reflection period                   

Article 8  - Exercising the Consumer’s right of withdrawal and the costs       

Article 9  - Entrepreneur’s obligation in case of withdrawal

Article 10 - Exclusion of the right of withdrawal  

Article 11 - The price                           

Article 12 - Compliance and extra guaranty                          

Article 13 - Delivery and execution                            

Article 14 - Continuing performance contract: duration, termination and extension

Article 15 - Payment                                               

Article 16 - Complaints procedure                   

Article 17 - Disputes                                                

Article 18 - Additional or varying provisions       

Article 19 - Amendment to the General Terms and Conditions.

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Consumer acquires         products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the         Entrepreneur or a third party on the basis of an arrangement between this   third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use his         right of withdrawal;

3.     Consumer: the natural person who does not act for purposes related to        his/her commercial, trade, craft or professional activities;

  1. Day: calendar day;
  2. Digital content: data produced and delivered in digital form;
  3. Continuing performance contract: a contract serving to deliver goods,      services and/or digital content in a given period;
  4. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her   personally in such a manner that makes future consultation and use possible        during a period that matches the purpose for which the information is         destined and which makes unaltered reproduction of the stored information    possible.
  5. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  6. Entrepreneur: the natural of legal person and who provides products, (access to) digital content   and or services to Consumers at a distance;
  7. Distance contract: a contract concluded by the Entrepreneur and the          Consumer within the scope of an organised system for distance selling          products, digital content and/or services, whereby exclusive or additional     use is made of one or more technologies of distance communication up to the       conclusion of the contract;
  8.  Standard form for withdrawal: the European standard form for      withdrawal included in Appendix 1;
  9. 12.      Technology for distance communication: a means to be used for   concluding an agreement without the Consumer and the Entrepreneur being        together in the same place at the same time.    

 

Article 2 – The Entrepreneur’s identity

Greenlab BV

Kleine Beer 14
2952 AS Alblasserdam
The Netherlands

+44 1214680184

Email address or other electronic communication means offered to the Consumer with the same functionality as email; info@greenlabshop.co.uk

Chamber of Commerce number; 24 37 62 82

VAT identification number; NL8142.94.923.B01

 

Article 3 – Applicability

1.     These General Terms and Conditions apply to any offer from the Entrepreneur          and to any distance contract concluded by the Entrepreneur and the         Consumer.

2.     Before concluding a distance contract, the Entrepreneur shall make the text of          these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in   what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is         concluded.  

3.     If the distance contract is concluded electronically, the text of these General   Terms and Conditions, in deviation from the previous section and before the       distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where    the General Terms and Conditions can be viewed electronically and that they        will be sent to at the          Consumer´s request free of charge, either via   electronic means or otherwise, before concluding the distance contract;

4.     In the event that specific product or service condition apply in addition to       these General Terms and Conditions, the second and third paragraphs shall   apply accordingly, and in the event of contradictory terms and conditions, the    Consumer may always appeal to the applicable provision that is most         favourable to him/her.

 

Article 4 – The offer

1.     If an offer is of limited duration or if certain conditions apply, it shall be          explicitly stated in the offer.

2.     The offer contains a full and accurate description of the products, digital         content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content       adequately. If the Entrepreneur makes use of pictures, they are truthful     images of the products and/or services provided. Obvious errors or mistakes     in the offer do not bind the Entrepreneur.

3.     All offers contain such information that it is clear to the Consumer what rights          and obligations are attached to accepting the offer.

 

Article 5 – The contract

1.     Subject to the provisions in paragraph 4, the contract becomes valid when the  Consumer has accepted the offer and fulfilled the terms and conditions set.

2.     If the Consumer accepted the offer via electronic means, the Entrepreneur     shall promptly confirm receipt of having accepted the offer via electronic        means. As long as the receipt of said acceptance has not been confirmed, the   Consumer may repudiate the contract.

3.     If the contract is concluded electronically, the Entrepreneur will take    appropriate technical and organisational security measures for the electronic        data transfer and ensure a safe web environment. If the Consumer can pay     electronically, the Entrepreneur shall observe appropriate security measures.

4.     The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors   relevant to responsibly concluding the distance contract. If, acting on the   results of this investigation, the Entrepreneur has sound reasons for not         concluding the contract, he is lawfully entitled to refuse an order or request    supported by reasons, or to attach special terms to the implementation.

5.     Before delivering the product, the Entrepreneur shall send the following         information along with the product, the service or the digital content in writing    or in such manner that the Consumer can store it in an accessible manner on          a long-term data carrier:   
        a. the visiting address of the Entrepreneur´s business establishment where    the Consumer may get into contact with any complaints;      
        b. the conditions on which and the manner in which the Consumer may          exercise the right of withdrawal, or, as the case may be, clear information    about his being exempted from the right of withdrawal;  
        c. the information corresponding to existing after-sales services and     guarantees;
        d. The price including all taxes of the product, service or digital content,         where applicable the delivery costs and the way of payment, delivery or        implementation of the distance contract;

        e. the requirements for cancelling the contract if the contract has a duration   of more than one year or for an indefinite period of time.

        f. the standard form for withdrawal if the Consumer has the right of     withdrawal.

6.     In case of a continuing performance contract, the stipulation in the previous   paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

For the delivery of goods Right to cancel You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us - Greenlab BV, Kleine Beer 14 2952 AS Alblasserdam The Netheralnds - tel. nr. +44 1214680184 - or by email info@greenlabshop.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than – (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Article 7 – Consumer’s obligations during the time of reflection

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent   necessary for establishing the nature, the characteristics and the effect of the         product. The guiding principle is that the Consumer may only handle and    inspect the product in the manner in which one is allowed to handle a product         in a shop.
  2. The Consumer is only liable for the decrease in value of the product that is     caused by the way of handling the product which went further than     allowed in sub-section 1.
  3. The Consumer is not liable for the decrease in value of the product if the        Entrepreneur has not provided him with all legal information about the right of         withdrawal before concluding the Agreement.

 

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

  1. If the Consumer exercises his right of withdrawal he shall notify the     Entrepreneur unambiguously with the standard form for withdrawal within the        period of reflection.
  2. The Consumer shall return the product or deliver it to (the authorized   representative of) the Entrepreneur as soon as possible but within 14 days     counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product         himself. The Consumer observed the period of returning the product in any     event if the product is returned before the expiration of the period of          reflection.
  3. The Consumer shall return the product with all delivered accessories and if     reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the      right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the direct costs of returning the product. If the        Entrepreneur has not reported that the Consumer has to bear these costs or if         the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
  6. If the Consumer withdraws after having first explicitly requested that the       performance of a service or the supply of gas, water or electricity having not      been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an       amount that is equal to the part of the obligation already        performed at the         time of withdrawal as compared with the full compliance of the obligation.
  7. The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited   volume or quantity, or for the supply of district heating if
  8. the Entrepreneur has not provided the Consumer with the statutorily               required information about the right of withdrawal, the compensation of                   costs in case of withdrawal or the standard form for withdrawal, or
  9. if the Consumer has not explicitly requested that the performance of               the service or the supply of gas, water and electricity or district heating                 be started during the period of reflection.

8.             The Consumer does not bear any cost for the full or partial delivery of              digital content not stored on a physical carrier if

  1. prior to the delivery, he has not explicitly consented to start                           performance of the agreement before the end of the period of reflection;
  2. he did not acknowledge to lose his right of withdrawal when giving                  consent; or
  3. the Entrepreneur failed to confirm the Consumer’s statement.
  4. If the Consumer exercises his right of withdrawal, all additional agreements    end by operation of law.

 

Article 9 – Entrepreneur’s obligations in case of withdrawal

  1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
  2. The Entrepreneur shall reimburse all payments made by the Consumer,         including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which    the Consumer notified him of the withdrawal. Unless the Entrepreneur offers       to collect the product himself, he can wait with paying back until having  received the product or until the Consumer proved that he returned the        product, whichever occurs first.
  3. The Entrepreneur shall make use of the same means of payment that the       Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
  4. If the Consumer opted for a more expensive method of delivery instead of the          cheapest standard delivery, the Entrepreneur need not 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 but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

The right to cancel does not exist for the following contracts: • Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised. • Contracts for the supply of goods which are liable to deteriorate or expire rapidly. • Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. • Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items. • Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery. • Contracts for the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader. • Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery. • Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement: The right to cancel does not exist for the following contracts: • Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised. • Contracts for the supply of goods which are liable to deteriorate or expire rapidly. • Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. • Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items. • Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery. • Contracts for the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader. • Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery. • Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications."

 

Article 11 - The price

1.     The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to     changes in VAT rates.

2.     Contrary to the previous paragraph, the Entrepreneur may offer products or   services whose prices are subject to fluctuations in the financial market that    are beyond the Entrepreneur’s control, at variable prices. The offer will state          the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

3.     Price increases within 3 months after concluding the contract are permitted    only if they are the result of new legislation.

4.     Price increases from 3 months after concluding the contract are permitted      only if the Entrepreneur has stipulated it and

        a.     they are the result of legal regulations or stipulations, or

        b.     the Consumer has the authority to cancel the contract before the day on                   which the price increase starts.

5.     All prices indicated in the provision of products or services are including VAT.

Article 12 – Performance of an agreement and extra Guarantee

1.     The Entrepreneur guarantees that the products and/or services comply with   the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory     provisions and/or government regulations on the day the contract was         concluded. If agreed, the Entrepreneur also guarantees that the product is     suitable for other than normal use.

2.     An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or          Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s         obligations if the Entrepreneur has failed in the fulfilment of his part of the     agreement.

3.     ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his    Supplier, Importer or Manufacturer in whom he assigns certain rights or        claims to the Consumer that go further than he is legally       required in case he      fails in the compliance with his part of the agreement.

 

Article 13 – Delivery and execution

1.     The Entrepreneur shall exercise the best possible care when booking orders    and executing product orders and when assessing requests for the      provision of services.

2.     The place of delivery is at the address given by the Consumer to the    Entrepreneur.

3.     With due observance of the stipulations in Article 4 of these General Terms     and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period       was agreed on. If the delivery has been delayed, or if an order cannot be         filled or can be filled only partially, the Consumer shall be informed about this          within one month after ordering. In such cases, the Consumer is entitled to        repudiate the contract free of charge and with the right to possible       compensation.

4.     After repudiation in conformity with the preceding paragraph, the        Entrepreneur shall return the payment made by the Consumer promptly but        at least within 30 days after repudiation.

5.     The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in       advance and made known to the Consumer, unless explicitly agreed          otherwise.  

 

Article 14 – Continuing performance agreements: duration, termination and renewal

Termination
1.     The Consumer may at all times terminate a contract that was concluded for    an indefinite time and which extends to the regular delivery of products    (including electricity) or services, with due observance of the termination       rules and subject to not more than one month’s notice.
2.     The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including     electricity) or services at the end of the specific period, with due observance        of the termination rules and a subject to not more than one month’s notice.
3.     The Consumer can cancel the agreements mentioned in the preceding paragraphs:
        -      at any time and not be limited to termination at a particular time or in a           given period;
        -      at least in the same way as they were concluded by him;  
        -      at all times with the same notice as the Entrepreneur stipulated for                 himself.
Extension
4.     An agreement concluded for a definite period which extends to the regular     delivery of products (including electricity) or services may not be      automatically extended or renewed for a fixed period.   
5.     Notwithstanding the preceding paragraph, a contract for a definite period       which extends to the regular delivery of dailies, newspapers, weekly   newspapers and magazines, may tacitly be renewed for specific period of      three months at the most if the Consumer can terminate this extended         agreement towards the end of the extension with a notice of one month at the          most. 
6.     An agreement concluded for a definite period and which extends to the          regular delivery of products or services may only be extended tacitly for an         indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about      a delivery of dailies, newspapers and weeklies and magazines occurring         regularly but less than once a month.       
7.     An agreement with limited duration of regular delivery of trial dailies,   newspapers, weeklies and magazines (trial or introductory subscription) is not      renewed tacitly and ends automatically after the trial or introductory period.
Duration

8.     If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more         than one month, unless reasonableness and fairness resist the termination       before the end of the agreed term.

 

Article 15 – Payment

 

1.     Unless otherwise stipulated in the agreement or in the additional conditions,   the amounts to be paid by the Consumer must be settled within 14 days after      the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service,     this period starts on the day that the Consumer received the confirmation of     the agreement.

2.     When selling products to Consumers, it is not permitted to negotiate an         advance payment of more than 50% in the General Terms and Conditions.   If an advance payment was agreed, the Consumer may not assert any right         regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.

3.     The Consumer has the duty to inform the Entrepreneur promptly of possible   inaccuracies in the payment details that were given or specified.

4.     In case the Consumer has not complied with his payment obligation(s) in       time, and the Entrepreneur has pointed out to him that the payment was late         and allowed the Consumer a period of 14 days to comply with the payment    obligations, the Consumer is to pay the statutory interest on the amount     payable and the Entrepreneur is entitled to charge the Consumer with any        extrajudicial collection costs. These extrajudicial collection costs amount to no       more than 15% for outstanding amounts up to € 2,500, 10% for the following    € 2,500 and 5% for the following € 5000, with a minimum of € 40. The        Entrepreneur may deviate from the aforementioned amounts and percentages         in favour of the Consumer.

 

Article 16 - Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. It is possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)

 

Article 17 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.

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