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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 the event 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 Business: Term, Termination and Extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or derogating provisions
Article 1 - Definitions

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 is not acting in the exercise of a profession or trade and who concludes a distance contract with the trader;

Day: Calendar day;

Term transaction: a distance contract relating to a series 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 in a way which permits future consultation 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 for the consumer to 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 which exclusively involves one or more means of distance communication within a system organised by the trader for the distance sale of goods and/or services up to the time of conclusion of the contract;

means of distance communication: means that can be used to conclude a contract without the consumer and the trader being in the same room at the same time

General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.


Article 2 - Identity of the entrepreneur

Dutch green alternative
Rijswijkstraat 253

1062 XN Amsterdam
The Netherlands

T (020) 221-6195
E thomas@dutchgreenalternative.com
CHAMBER OF COMMERCE 63416190
Value added tax identification number
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.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. Where this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions may be consulted at the trader's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.

By way of derogation from the previous paragraph, where the distance contract is concluded by electronic means, the text of these general terms and conditions shall be made available to the consumer in electronic form before the conclusion of the distance contract in such a way that the consumer can easily store them on a durable medium. Where this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or by other means, at the consumer's request.

If, in addition to these general terms and conditions, special product or service terms and conditions apply, paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always invoke the provision most favourable to him in the event of conflicting general terms and conditions.

If one or more provisions of these General Terms and Conditions should at any time be wholly or partially null and void or be repealed, the remainder of the contract and these General Terms and Conditions shall remain in force and the provision in question shall be replaced without delay, by mutual agreement, by a provision which comes as close as possible to the scope of the original provision.

Situations not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in accordance with" these General Terms and Conditions.

Article 4 - The Offer


If an offer has a limited period of validity 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 shall be sufficiently detailed to enable the consumer to properly assess the offer. If the Entrepreneur uses pictures, these 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 cannot 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 colours shown exactly match the actual colours of the products.

Every 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 transfer;

the way in which the agreement is to be reached and what measures are required to achieve it;

whether the right of withdrawal is applicable or not;

the method of payment, delivery and performance of the contract;

the time limit for acceptance of the offer or the time limit within which the trader guarantees the price;

the amount of the distance communication tariff if the cost of using the distance communication technique 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 way in which the consumer can verify and, if he so wishes, correct the information he has provided under the contract before it is concluded;

all languages other than Dutch in which the contract may be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult those codes of conduct electronically; and

the minimum duration 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 the consumer accepts the offer and the conditions set out therein are fulfilled.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the electronic acceptance of the offer. As long as this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to protect electronic data transmission and ensure a secure web environment. If the consumer is able to pay electronically, the trader shall take appropriate security measures.

The trader may - within the legal framework - inform himself 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 trader has good reasons not to conclude the contract, he is entitled to refuse an order or an application or to make performance subject to special conditions.

The trader will provide the consumer with the following information together with the product or service in writing or in a way that the consumer can store it in an accessible manner on a durable medium:

The address of the trader's place of business 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 terminating the agreement if the agreement has a term of more than one year or is open-ended.

 

In the 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

On 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 after the consumer or a representative previously appointed by the consumer and the trader receives the product.

During the cooling phase, the consumer will handle the product and the packaging with care. He will unpack or use the product only to the extent necessary to assess whether he wishes 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 trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 14 days of receiving the product. The consumer must do this by using the model form or another means of communication such as an email. After the consumer has communicated that he/she wishes to exercise his/her right of withdrawal, he/she 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 wishes to exercise his right of withdrawal or has not returned the product to the trader, 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.

In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions of the trader in the offer and / or at the latest upon delivery.


Article 7 - Costs in the event 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 trader will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. The condition is that the goods have already arrived at the trader or conclusive proof of the 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 legally required information about the right of withdrawal; this must be done before the conclusion of the sales 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 shall only be valid 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 consumer's specifications;

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 influence;

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 accommodation, transport, hospitality or recreational activities to be carried out on a specific date or during a specific period;

the delivery of which was commenced 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 stated in the offer, the prices of the products and/or services offered will not be increased, except in the case of 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 in the financial market which are beyond the trader's control at variable prices. This link with fluctuations and the fact that the prices quoted are recommended prices shall be mentioned in the offer.

Price increases within 3 months after conclusion of the contract are only permissible if they result from statutory provisions or regulations.

Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has agreed them and:

they arise from statutory provisions or regulations; or

the consumer is entitled to terminate the contract on the day on which the price increase takes effect.

 

The prices quoted in the offer of the products or services include VAT.

All prices are subject to printing errors and mistakes. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing errors, the Contractor shall not be 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 official regulations in force at the time of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the agreement.

Any defects or defectively delivered products must be reported to the entrepreneur 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 corresponds to the warranty period of the Manufacturer. The Entrepreneur 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 guarantee 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 wholly or partly due to regulations which the State has adopted or will adopt with regard to the nature or quality of the materials used.

 


Article 11 - Delivery and implementation


The Entrepreneur shall exercise the utmost care when receiving and executing orders for Products and when assessing requests for the provision of Services.

The place of delivery is the address that the consumer has given to the business.

Subject to the provisions of paragraph 4 of this Article, the business shall execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be informed of this within 30 days of placing 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 as referred to in paragraph 3 of this Article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If it is not possible to deliver a product ordered, the Entrepreneur will endeavour to provide a replacement item. The fact that a replacement item will be delivered will be communicated in a clear and comprehensible manner 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 lies with the Entrepreneur until the moment of handover 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

Scheduling

The consumer has the right to terminate an open-ended contract for the regular supply of goods (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may conclude a contract for a fixed period covering 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 specific time or during a specific 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 and covering the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a certain period.

By way of derogation from the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers or periodicals may be automatically renewed for a fixed term not exceeding three months if the consumer has the right to terminate that renewed contract at the end of the renewal period by giving not more than one month's notice.

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 may not exceed three months if the contract is for the regular delivery of daily or weekly newspapers or periodicals, but less than once a month.

A temporary contract for the regular delivery of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon expiry 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 expiry of one year by giving up to one month's notice, unless reasonableness and fairness prevent termination before the expiry of the agreed term.


Article 13 - Payment


Unless otherwise agreed, the amounts payable by the consumer shall be paid within 7 working days of 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 shall begin after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in the data supplied or the payment indicated to the operator without delay.

In the event of non-payment on the part of the consumer, the trader is entitled, subject to statutory limitations, to charge the consumer all reasonable costs of which he has been notified in advance.

Article 14 - Complaints procedure


The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with that complaints procedure.

Complaints about the performance of the contract must be fully and clearly described and submitted to the trader within two months after the consumer has discovered the defects.

Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader shall reply 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 the event of complaints, the consumer should first contact the trader. If the webshop is affiliated to the Stichting WebwinkelKeur and complaints cannot be resolved amicably, the consumer should contact the Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check via https://www.webwinkelkeur.nl/ledenlijst/ whether this webshop has a current membership. If there is still no solution, the consumer has the option of having his complaint dealt with by the independent dispute resolution committee set up by the Stichting WebwinkelKeur, whose judgement 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 file complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint shall not suspend the Contractor's obligations unless the Contractor indicates otherwise in writing.

If a complaint is found to be justified by the Entrepreneur, the Entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.


Article 15 - Disputes


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.

The Vienna Sales Convention is not applicable.


Article 16 - Additional or derogating provisions

Additional terms or terms that deviate from these General Terms and Conditions must 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.