General terms and conditions

Article 1 – Definitions
Article 2 – Identity of The Green Happiness
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Consumer obligations during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and associated costs
Article 9 – Obligations of The Green Happiness upon withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – Pricing
Article 12 – Fulfillment and extra guarantee
Article 13 – Delivery and provision
Article 14 – Extended transactions: duration, cancellation and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Supplementary or exceptional provisions

Article 1 – Definitions

In these terms and conditions the following definitions are applicable:

  1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services related to a distance agreement and whereby these goods, digital content and/or services are provided by The Green Happiness or by a third party on the basis of an agreement between the third party and The Green Happiness;
  2. Cooling-off period: the term during which the consumer can exercise his or her right of withdrawal;
  3. Consumer: the private individual who does not act for purposes which are related to his or her business, company, trade or professional activity;
  4. Day: calendar day;
  5. Digital content: information produced and supplied in digital form;
  6. Continuing performance agreement: an agreement that serves the regular provision of goods, services and/or digital content during a fixed period;
  7. Durable data carrier: each resource – including e-mail – that enables The Green Happiness consumer to save or store information aimed at them personally, in a manner that enables future reference or use during a period that is suited to the purpose of the information, and which enables unaltered reproduction of the saved or stored information;
  8. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
  9. The Green Happiness: the private individual or legal entity that offers distance products, (access to) digital content and/or services to consumers;
  10. Distance agreement: an agreement concluded between The Green Happiness and the consumer within the framework of an organized system of distance sales of products, digital content and/or services, whereby sole or part use is made of one or more means of distance communication up to and including the agreement has been concluded;
  11. Standard form for cancellation: European standard form for cancellation, see article 6;
  12. Technology for distance communication: a means that can be used to conclude an agreement without the need for the consumer and the entrepreneur to have gathered together in the same place and at the same time.

Article 2 – Identity of The Green Happiness

The Green Happiness
Herengracht 140-2, Amsterdam
(020) 363 52 45
info@thegreenhappiness.com

Chamber of Commerce number: 61111392
VAT identification number: NL854211445B01

Article 3  Applicability

  1. These general terms and conditions apply to any offer of The Green Happiness and to every finalized distance agreement between entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions is being made available to the consumer. If this is not reasonably possible, The Green Happiness will indicate how the general terms and conditions can be examined at The Green Happiness and that if requested, they can be sent free of charge to the consumer as soon as possible and before the distance agreement is concluded.
  3. If the distance agreement is concluded electronically, in derogation from the previous paragraph and before the distance agreement is concluded, the text of the general terms and conditions can be made available to the consumer electronically, in such a way that the text can be saved in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the electronic general terms and conditions can be found and that if requested, they can be sent electronically or otherwise to the consumer free of charge.
  4. In case there are specific product or service conditions applicable in addition to these general terms and conditions, the second and third article shall apply mutatis mutandis, and in case of conflicting terms and conditions, the consumer can always avail themselves of the applicable provision that is most favorable for him or her.

Article 4 The offer

  1. In case an offer is valid for a limited period or is made subject to conditions, this will be expressly specified in the offer.
  2. The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed in order to enable the consumer to make a fair assessment of the offer. If The Green Happiness makes use of illustrations, these will be a true representation of the products, services and/or digital content offered. Obvious errors or mistakes in the offer are binding for The Green Happiness
  3. Each offer includes information appropriate to make it clearly known to the consumer what right and obligations are associated with the acceptance of the offer.

Article 5 The agreement

  1. Subject to the provisions laid out in paragraph 4, the agreement becomes valid when the consumer accepts the offer and fulfills the associated terms and conditions set.
  2. If the consumer accepted the offer via electronic means, The Green Happiness shall
    promptly confirm the receipt of the offer acceptance via electronic means. As long as the receipt of said acceptance has not been confirmed by The Green Happiness, the consumer may cancel the agreement.
  3. If the agreement is concluded electronically,
    The Green Happiness will take appropriate
    technical and organizational measures for the security of electronic data transfer as well as ensuring a safe web environment. If the consumer is able to pay electronically, The Green Happiness shall observe appropriate security measures.
  4. The Green Happiness may, within the limits of the law, gather information about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If, on the basis of this investigation, The Green Happiness has sound reasons for not concluding the agreement, it is entitled to refuse an order or request or to attach special terms to its provision.
  5. The Green Happiness will send, in writing or any other manner that can be saved/stored by the consumer in an accessible manner on a durable data carrier, the following information no later than at the time of provision of the product, the service or digital content:
  6. the visiting address of The Green Happiness establishment where the consumer may direct any complaints;
  7. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear notification regarding about being exempted from the right of withdrawal;
  8. the information on guarantees and after-sales service in place;
  9. the price of the product, service or digital content, including all taxes; the delivery costs, if applicable; and payment method, delivery or provision of the distance agreement;
  10. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or if it is of indefinite term;
  11. the standard form for cancellation if the consumer has a right of withdrawal.
  12. In case of an extended transaction, the provisions as laid out in the previous paragraph only apply to the first delivery.

Article 6  Right of withdrawal

Products:

  1. The consumer may cancel an agreement relating to the purchase of a product during a cooling-off period of a minimum of 14 days, without specifying any reasons. The Green Happiness may enquire with the consumer as to the reasons for withdrawal, but the consumer is not obliged to state his or her reasons.
  2. The cooling-off period described in paragraph 1 starts on the day after the consumer or a third party, not being the carrier and having been appointed by the consumer in advance, has received the product, or:
  3. if the consumer ordered several products in one order: the day on which the consumer or a third party appointed by him or her has received the last product. The Green Happiness may refuse an order of several products with different delivery times, providing it has informed the consumer of this prior to the order process in a clear manner.
  4. if the delivery of a product consists of several shipments or parts: the day on which the consumer or a third party appointed by him or her has received the last shipment or the last part;
  1. in case of agreements for regular delivery of products during a fixed period: the day on which the consumer or a third party appointed by him or her has received the first product.

In case of services and digital content that is not delivered via tangible medium:

  1. The consumer may cancel a service agreement and an agreement for the provision of digital content not delivered via tangible medium within a minimum of 14 days without specifying any reasons. The Green Happiness may enquire with the consumer as to the reasons for withdrawal, but the consumer is not obliged to state his or her reasons.
  2. The cooling-off period described in paragraph 3 starts on the day following the date the agreement was concluded.

Download withdrawal form

Article 7 Consumer obligations during the cooling-off period

  1. During the cooling-off period, the consumer must treat the product and its packaging with care. He or she must only unpack or use the product insofar as to determine the nature, the particulars and the operation of the product. The principle here is that the consumer may only handle and inspect the product in the same manner as he or she would in a shop.
  2. The consumer is only liable for depreciation of the product if this is the result of handling the product in a way that goes beyond what is allowed in paragraph 1.
  3. The consumer is not liable for depreciation of the product if The Green Happiness has not provided him or her – before concluding the agreement – with all information, as required by law, on the right to withdrawal.

Article 8 Execution of the right of withdrawal by the consumer and associated costs

  1. If the consumer exercises his or her right to withdrawal, he or she must notify The Green Happiness within the cooling-off period by way of the standard form for withdrawal or any other unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification as described in paragraph 1, the consumer must return the product, or hand it over to (an authorized representative of) The Green Happiness. This is not applicable if The Green Happiness has offered to collect the product. In any event, the consumer has observed the returns policy if he or she returns the product before the cooling-off period has passed.
  3. The consumer must return the product including all accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by The Green Happiness.
  4. The risk and the burden of proof for correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer must bear the direct costs of returning the product.
  6. If the consumer exercises his or her right of withdrawal, all supplementary agreements are canceled by operation of law.

Article 9 Obligations of The Green Happiness upon withdrawal

  1. If The Green Happiness enables the notification of withdrawal by the consumer via electronic means, it will send a confirmation of receipt promptly after receiving this notification.
  2. The Green Happiness refunds all payment by the consumer, including any delivery costs as charged by The Green Happiness for the returned product, promptly but within 14 days following the day on which the consumer gives the notification of withdrawal. Unless The Green Happiness offer to collect the product, it may suspend a refund until it has received the product or until the consumer can demonstrate that he or she has returned the product, whichever came first.
  3. The Green Happiness uses the same payment method for refunds as was used by the consumer, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, The Green Happiness is not obliged to refund the additional costs for the more expensive method.

Article 10 Exclusion of right of withdrawal

The Green Happiness may exclude the following products and services from the right of withdrawal, but only if The Green Happiness clearly states this with the offer or at least in good time before the conclusion of the agreement:

  1. Products or services of which the price depends on fluctuations in the financial market outside the control of The Green Happiness and which may occur during the withdrawal term.
  2. Agreements that are concluded during a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by The Green Happiness to the consumer who personally attends or is given the opportunity to personally attend at the auction, headed by an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

Article 11 Pricing

  1. During the validity period as described in the offer, the prices of the products and/or services will not be increased, except for price changes as a result of changes to VAT rates.
  2. In derogation from the previous paragraph, The Green Happiness may offer variable pricing for products or services with prices linked to fluctuations on the financial market outside the control of The Green Happiness. This link to fluctuations and the fact that any listed prices are guide prices, must be described in the offer.
  3. Price increases within three months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from three months after the conclusion of the agreement are only allowed if stipulated by The Green Happiness and:
  5. these are the result of statutory regulations or provisions; or
  6. the consumer has the authority to cancel the agreement effective from the day on which the price increase starts.
  7. The prices listed in the offer for products or services are inclusive of VAT.

Article 12 Agreement fulfillment and extra guarantee 

  1. The Green Happiness guarantees that the products and/or services meet the specifications described in the offer, the reasonable requirements regarding soundness and/or usability, and the statutory regulations and/or provisions that were in effect on the date the agreement was concluded. If agreed, The Green Happiness also guarantees that the product is suitable for use other than normally designated.
  2. An extra guarantee supplied by The Green Happiness, its supplier, manufacturer or importer never limits the legal rights and demands that the consumer may make use of against The Green Happiness if it has failed in the fulfillment of its side of the agreement.
  3. Extra guarantee means any commitment by The Green Happiness, its supplier, importer or manufacturer in which it allocates certain rights or demands to the consumer that exceed the legal requirements in case it has failed in the fulfillment of its side of the agreement.

Article 13 Delivery and provision

  1. The Green Happiness will observe the utmost care when receiving and fulfilling orders of products and when assessing requests for the provision of services.
  2. The delivery location is the address as provided by the consumer to The Green Happiness.
  3. With due observance of the relevant provisions laid out in article 4 of these general terms and conditions, The Green Happiness will carry out approved orders expeditiously but no later than 30 days unless other delivery terms have been agreed. In case the delivery is experiencing delays or if a delivery is not possible or only partly possible, the consumer will receive notification of this no more than 30 days after he or she has placed the order. In this event, the consumer has the right to cancel the agreement at no cost, and might be eligible for possible compensation.
  4. After cancellation in accordance with the previous paragraph, The Green Happiness will promptly refund the amount paid by the consumer.
  5. The risk of damaged and/or missing products lies with The Green Happiness up to the moment of delivery to the consumer or to a representative previously appointed and made known to The Green Happiness, unless expressly agreed otherwise.

Article 14  Extended transactions: duration, cancellation and extension

Cancellation:

  1. The consumer may at any time cancel an agreement concluded for an indefinite period and that serves the regular provision of products (including electricity) or services, as long as the relevant cancellation provisions and a notice period of no more than one month are observed.
  2. The consumer may at any time, towards the end of the fixed term, cancel an agreement concluded for a fixed period and that serves the regular provision of products (including electricity) or services, as long as the relevant cancellation provisions and a notice period of no more than one month are observed.
  3. With regards to the agreements described in the previous paragraphs, the consumer may:
    • cancel at any time without being limited to cancellation at a certain time or in a certain period;
    • at least cancel in the same manner as they were entered into;
    • always cancel using the same notice period as The Green Happiness has stipulated for itself.

Renewal:

  1. An agreement that was concluded for a fixed period and that serves the regular provision of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
  2. In derogation of the previous paragraph, an agreement that was concluded for a fixed period and that serves the regular provision of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of three months, as long as the consumer is able to cancel this renewed agreement at the end of the renewal with a notice period of no more than one month.
  3. An agreement that was concluded for a fixed period and that serves the regular provision of daily, news, and weekly publications and magazines may only be tacitly renewed for an indefinite period if the consumer is able to cancel at any time with a notice period of no more than one month. The notice period must be no more than three months if the agreement serves the regular – but less than once a month – provision of daily or weekly newspapers and magazines.
  4. An agreement with limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be tacitly renewed and will automatically terminate at the end of the trial period or introductory period.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at all times after one year, with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the end of the fixed term.

Article 15 Payment

  1. Insofar as not otherwise determined in the agreement or supplementary provisions, the amounts outstanding must be paid by the consumer within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In case of an agreement for the provision of a service, this term will start on the day after the consumer has received the agreement confirmation.
  2. In the sale of products to consumers, the general terms and conditions must never stipulate an advance payment of more than 50%. When advance payment has been stipulated, the consumer may not assert any rights regarding the provision of the relevant order or service(s), before the advance payment as stipulated has taken place.
  3. The consumer is obliged to notify The Green Happiness promptly of any inaccuracies in payment information supplied or listed.
  4. If the consumer does not fulfill his or her payment obligations in a timely manner, after The Green Happiness has notified him or her of the late payment and after The Green Happiness has granted the consumer a term of 14 days for the subsequent fulfillment of his or her payment obligations, and after the absence of such a payment within this 14-day term, the consumer is liable to pay statutory interest on the outstanding amount and The Green Happiness is entitled to charge the extrajudicial collection costs incurred by it. These collection costs are no more than: 15% on outstanding amounts up to € 2,500.; 10% on the subsequent €2,500 and 5% on the subsequent €5,000, with a minimum of €40. The Green Happiness can deviate from the amounts and percentages described above in favor of the consumer.

Article 16 Complaints procedure

  1. The Green Happiness has a sufficiently announced complaints procedure and deals with complaints in accordance with this complaints procedure.
  2. Complaints regarding the provision of the agreement must be submitted to The Green Happiness in due time after the consumer has detected the defects.
  3. Complaints submitted to The Green Happiness will receive a response within 14 days after the date of receipt. If a complaints requires a foreseeable longer processing time, The Green Happiness will respond within 14 days with a notification of receipt and an indication of when the consumer can expect a more elaborate response.
  4. The consumer must allow The Green Happiness at least four weeks to address the complaint in mutual consultation. After this term, it becomes a dispute that is open to the dispute settlement rules.

Article 17 Disputes

  1. Agreements between The Green Happiness and the consumer to which these general terms and conditions apply, are subject only to Dutch law.

Article 18 Additional or exceptional provisions

Supplementary or exceptional provisions with these general terms and conditions must not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be saved/stored by the consumer in an accessible manner on a durable data carrier.

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