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Table of contents
Article 1 - Definitions
Article 2 - The identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Term Transactions: Term, Termination and Extension
Article 13 - Payment
Article 14 - Complaint procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 17 - Subscription
The following terms are defined in these terms and conditions:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Read all about the cooling-off period.
Consumer: the natural person who does not act in the exercise of a profession or trade and who concludes a distance contract with the Entrepreneur;
Day: calendar day;
Term transaction: a distance contract relating to a set of products and/or services whose delivery and/or purchase obligation is spread over a certain period of time;
Durable medium: any means which enables the consumer or business to store information addressed personally to him/her in a way which permits future retrieval and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the trader, which the consumer may fill in if he wishes to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract that exclusively uses one or more means of distance communication within a system organized by the trader for the distance sale of goods and/or services up to the moment of the conclusion of the contract;
Distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time
General Terms and Conditions: the present General Terms and Conditions of the Contractor.
Article 2 - Identity of the entrepreneur
GreenResults OÜ
Tornimäe 3
10145 Tallinn
Estonia
T (020) 221-6195
E thomas@dutchgreenalternative.com
CHAMBER OF COMMERCE 16624464
Sales tax identification number EE102564897
Article 3 - Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be pointed out before the distance contract is concluded that the general terms and conditions may be inspected at the business premises of the trader 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 by electronic means, notwithstanding the preceding paragraph, before the conclusion of the distance contract the consumer shall be provided with the text of these general terms and conditions in electronic form in such a way that he can easily save them on a durable medium. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent to the consumer at his request free of charge either electronically or by other means.
If, in addition to these general conditions, special product or service conditions apply, paragraphs 2 and 3 shall apply accordingly, and the consumer may always invoke the provision most favorable to him in the event of conflicting general conditions.
If at any time one or more provisions of these General Terms and Conditions should be or become void, in whole or in part, the remainder of the Agreement and these General Terms and Conditions shall remain in force and the provision in question shall be replaced without undue delay, by mutual agreement, by a provision that comes as close as possible to the scope of the original provision.
Situations that are not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is subject to change. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the Entrepreneur uses pictures, they are a faithful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the entrepreneur.
All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
The images of the products are a faithful representation of the products offered. The company cannot guarantee that the colors shown are exactly the same as the actual colors of the products.
Each offer contains information from which the consumer can see what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of the shipment;
the way in which the agreement is to be reached and the measures required to achieve it;
whether the right of withdrawal is applicable or not;
the method of payment, delivery and execution of the contract;
the deadline for the acceptance of the offer or the deadline within which the entrepreneur guarantees the price;
the amount of the distance communication tariff, if the cost of using the distance communication technology is calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
the manner in which the consumer may, prior to the conclusion of the contract, verify and, if he so desires, correct the information provided by him under the contract;
all other languages except Dutch, in which the contract can be concluded;
The codes of conduct to which the trader is subject and the manner in which the consumer may view those codes of conduct electronically; and
the minimum term of the distance contract in the case of a longer transaction.
Article 5 - The agreement
The contract is concluded, subject to the provisions of paragraph 4, at the moment when the consumer accepts the offer and the conditions specified therein are met.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the electronic acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall take appropriate security measures.
The Entrepreneur may - within the legal framework - obtain information about the Consumer's ability to meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the Entrepreneur has good reasons not to conclude the contract, he/she is entitled to refuse an order or an application or to attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information together with the product or service in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
The address of the trader's establishment where the consumer can lodge complaints;
the conditions and manner in which the consumer may exercise his right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
the information about guarantees and existing service after the purchase;
the data referred to in Article 4(3) of these Conditions, unless the trader has already communicated them to the consumer before the conclusion of the contract;
the requirements for termination of the agreement if the agreement has a term of more than one year or is indefinite.
In case of an extended transaction, the provision of the preceding paragraph shall apply only to the first delivery.
Each agreement is concluded subject to the condition precedent of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
Upon delivery of the products:
When purchasing products, the consumer has the option to cancel the contract within 14 days without giving any reason. This cancellation period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and the entrepreneur.
During the cooling phase, the consumer will handle the product and packaging with care. He will unpack or use the product only to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - as far as possible - in its original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur within 14 days of receipt of the product. The Consumer must notify this using the model form or another means of communication such as an e-mail. After the consumer has communicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that he has returned the delivered goods in time, e.g. by a proof of posting.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he intends to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In the case of the provision of services:
In the case of the provision of services, the consumer has the possibility to terminate the contract without giving any reason within a period of at least 14 days, starting from the day of the conclusion of the contract.
To exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions of the entrepreneur in the offer and / or latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he only has to bear the costs of the return shipment.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. The condition is that the goods have already arrived at the trader or conclusive proof of return can be provided. The refund shall be made via the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
If the goods have been damaged due to improper handling by the consumer, the consumer shall be liable for any reduction in the value of the goods.
The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the information required by law on the right of withdrawal; this must be done before the conclusion of the purchase contract.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is valid only if the trader has made this clear when making the offer or at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products
prepared by the trader according to the specifications of the consumer;
that are clearly personal in nature;
which cannot be returned due to their nature;
Which spoil or age quickly;
whose price depends on fluctuations on the financial market over which the entrepreneur has no control;
For individual newspapers and magazines;
For audio and video recordings and computer software whose seal has been unsealed by the consumer;
For hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services
for lodging, transportation, hospitality, or recreational activities to be conducted on a specific date or during a specific period of time;
the delivery of which was started with the express consent of the consumer before the expiry of the cooling-off period; on betting and lotteries.
Article 9 - The price
During the period of validity specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market, which are beyond the trader's control, at variable prices. This connection with the fluctuations and the fact that the prices mentioned are recommended prices is mentioned in the offer.
Price increases within 3 months after conclusion of the contract are only permissible if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are allowed only if the entrepreneur has agreed on them and:
they arise from statutory provisions or regulations; or
the consumer is entitled to terminate the contract on the day when the price increase takes effect.
The prices stated in the offer of the products or services include VAT.
All prices are subject to printing errors and mistakes. No liability is assumed for the consequences of printing and typesetting errors. In case of printing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or fitness for use and the legal provisions and/or government regulations in force at the time the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or defectively delivered products shall be notified to the Contractor in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur is the same as the warranty period of the manufacturer. The Contractor is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if
the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise treated negligently or contrary to the instructions of the Contractor and/or on the packaging;
the inadequacy is due, in whole or in part, to regulations that the state has adopted or will adopt with respect to the type or quality of materials used.
Article 11 - Delivery and implementation
The Entrepreneur shall exercise the utmost care in receiving and executing orders for Products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of paragraph 4 of this Article, the Company shall execute accepted orders expeditiously, but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can only be executed in part, the consumer shall be informed thereof within 30 days of the order. In this case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.
All delivery dates are indicative. The consumer cannot derive any rights from the stated delivery dates. Exceeding a deadline does not entitle the consumer to compensation.
In the event of dissolution under paragraph 3 of this Article, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product is not possible, the entrepreneur will make every effort to provide a replacement item. The fact that a replacement item will be delivered will be communicated in a clear and understandable form at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of Products shall be borne by the Entrepreneur until the moment of delivery to the Consumer or a previously designated representative notified to the Entrepreneur, unless expressly agreed otherwise.
Article 12 - Extended Term Transactions: Duration, Termination and Extension
Termination
The consumer has the right at any time to terminate an indefinite contract for the regular supply of goods (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may enter into a contract for a specified period, which covers the regular supply of products (including electricity) or services, terminate at any time at the end of the fixed term the applicable termination rules and a notice period not exceeding one month.
The consumer may terminate the agreements referred to in the previous paragraphs
cancel at any time and not only at a certain time or during a certain period;
finish them at least as they were completed by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A contract concluded for a certain period of time and covering the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a certain period of time.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be automatically extended for a fixed term of not more than three months if the consumer has the right to terminate this extended contract at the end of the extension with a notice period of not more than one month.
A fixed-term contract for the regular delivery of goods or the provision of services may be automatically renewed for an indefinite period only if the consumer has the right to terminate the contract at any time by giving not more than one month's notice, which notice may not exceed three months if the subject of the contract is the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
A temporary contract for regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon expiration of the trial or introductory period.
Duration
If a contract lasts longer than one year, the consumer may terminate it at any time after the expiration of one year with up to one month's notice, unless reasonableness and fairness prevent termination before the expiration of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts payable by the consumer shall be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has the obligation to immediately report to the operator any inaccuracies in the data provided or the payment specified.
In the event of non-payment on the part of the Consumer, the Entrepreneur shall be entitled, subject to statutory limitations, to charge the Consumer for all reasonable costs notified to him in advance.
Article 14 - Complaint procedure
The Contractor shall have a sufficiently publicized grievance procedure and shall process the grievance in accordance with that grievance procedure.
Complaints about the performance of the contract must be fully and clearly described and submitted to the entrepreneur within two months after the consumer has discovered the defects.
Complaints submitted to the trader 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 shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
In case of complaints, the consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved amicably, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check via https://www.webwinkelkeur.nl/ledenlijst/ if this webshop has a current membership. If there is still no solution, the consumer has the option of having his complaint handled by the independent dispute resolution committee set up by Stichting WebwinkelKeur, whose judgment is binding and with which both the trader and the consumer agree. Submitting a dispute to this committee involves costs, which consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the Contractor's obligations unless the Contractor indicates otherwise in writing.
If a complaint is found to be justified by the Contractor, the Contractor shall, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law is applicable to agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions apply. Even if the consumer lives abroad.
The Vienna Sales Convention is not applicable.
Article 16 - Additional or different provisions
Additional provisions or provisions deviating from these General Terms and Conditions may not be detrimental to the consumer and should be recorded in writing or in such a way that the consumer can keep them accessible on a durable medium.
Article 17 - Subscription
1st Offer and Acceptance: By ordering the free product, the customer accepts the terms and conditions and agrees to receive a new bottle of CBD oil at the agreed price after one month.
2. automatic renewal: the subscription is automatically renewed after one month at the agreed price, unless the customer cancels or interrupts the subscription. The customer will be informed by email about the upcoming renewal and the corresponding costs.
3. right to cancel or pause: the customer has the right to cancel or pause the subscription at any time by logging into his account on the website or by contacting customer service. The cancellation or pause will be effective immediately and the Customer will not be charged for future renewals.
4. Non-returnable subscription products: Subscription products, including auto-renewed CBD oil bottles, cannot be returned or refunded after shipment unless the product is defective or does not comply with EU consumer protection laws. The customer is responsible for inspecting the product upon delivery and reporting any problems within 14 days of receipt.
These terms and conditions are in accordance with EU legislation on e-commerce, consumer protection and data protection and are clearly communicated to the customer during the ordering process and in the "Terms and Conditions" section of the website. The customer is also informed of their rights and the applicable laws, including the EU Consumer Rights Directive (2011/83/EU) and the General Data Protection Regulation (GDPR) (EU) 2016/679.