Terms and Conditions of De Groene Linde BV, Member of the WebwinkelKeur Foundation

Table of Contents: General Terms and Conditions:

Article 1 – Definitions

Article 2 – Identity of the trader

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 – Conformity and warranty

Article 11 – Delivery and performance

Article 12 – Long-term contracts: duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Supplementary or deviating provisions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal
   law;
2. Consumer: a natural person who is not acting in the course of a trade or business and who enters into a distance contract with the trader;
3. Hello: calendar day;
4. High-value transaction: a distance contract relating to a range of products and/or services, where the obligation to supply and/or purchase is spread over time;
5. Durable data storage medium: any means that enables a consumer or business to store information addressed to them personally in a way that allows for future access and the unaltered reproduction of the stored information.
6. Right of withdrawal: the right of the consumer to withdraw from the distance contract within the cooling-off period;
7. Standard form: the model withdrawal form provided by the trader, which a consumer can complete if they wish to exercise their right of withdrawal.
8. Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;
9. Distance Contract: a contract under which, within the framework of a system organised by the trader for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
10. Remote communication technology: a means by which a contract may be concluded without the consumer and the trader being physically present in the same room at the same time.
11. Terms and Conditions:the trader’s General Terms and Conditions set out herein.

Article 2 – Identity of the trader

De Groene Linde BV:

De Droogmakerij 23, 1851 LX Heiloo;

Telephone number: 072-5318860, Monday to Friday from 09:30 to 16:00

Email address: info@degroenelinde.nl

Chamber of Commerce: 84773294

VAT: NL863361316B01

IBAN: NL10INGB0675833760

Payable to DE GROENE LINDE B.V.

BIC Code: ABNANL2A

Article 3 – Applicability

1. 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.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer via the website. If this is not reasonably possible, it will be stated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, either electronically or by other means, at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific terms and conditions relating to products or services also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of any conflict between general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
5. If, at any time, one or more provisions of these general terms and conditions are wholly or partially void or are set aside, the contract and these terms and conditions shall remain in force in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the meaning of the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

1. If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The trader is entitled to amend and modify the offer.
3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. Where the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
4. All images and specifications contained in the offer are for guidance only and shall not give rise to any claim for compensation or termination of the contract.
5. Product images are a true representation of the products on offer. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

6. Every offer must contain sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to:
   • the price including tax;
   • any delivery costs;
   • the manner in which the agreement will be concluded and the steps required to do so;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the contract;
   • the period within which the offer must be accepted, or the period during which the trader guarantees the price;
   • the rate for distance communication where the costs of using the distance communication technology are calculated on a basis other than the standard basic rate for the means of communication used;
   • whether the contract is archived after it has been concluded, and if so, how the consumer can access it;
   • the way in which the consumer, prior to concluding the contract, can check the information they have provided in connection with the contract and, if desired, correct it;
   • any other languages in which, in addition to Dutch, the contract may be concluded;
   • the codes of conduct to which the trader has subscribed and the manner in which the consumer may consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of a long-term contract.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer by electronic means, the trader shall confirm receipt of the acceptance of the offer by electronic means without delay. Until the trader has confirmed receipt of this acceptance, the consumer may withdraw from the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures in this regard.
4. The trader may – within the legal framework – ascertain whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or enquiry, stating their reasons, or to attach special conditions to its performance.
5. The trader shall provide the consumer with the following information in conjunction with the product or service, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
6. the visiting address of the trader’s premises where the consumer can lodge a complaint;
7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
8. information on warranties and existing after-sales service;
9. the information set out in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the contract;
10. the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration.
11. In the case of a transaction involving instalments, the provision in the previous paragraph applies only to the first delivery.
12. Every contract is entered into subject to the condition precedent of sufficient availability of the products in question.

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the trader, receives the product.
2. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all accessories supplied and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receiving the product. The consumer must do so using the model form. Once the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide evidence that the goods have been returned in good time, for example by means of proof of dispatch.
4. If, upon expiry of the time limits referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the trader, the sale is deemed to have taken place.

In the case of the provision of services:

5. In the case of the provision of services, the consumer has the right to withdraw from the contract without giving any reason for a period of at least 14 days, starting on the day the contract is concluded.
6. In order to exercise their right of withdrawal, consumers must follow the reasonable and clear instructions provided by the trader in the offer and/or, at the latest, upon delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, they must bear the cost of returning the goods.
2. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of its full return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
3. If the product is damaged as a result of careless handling by the consumer, the consumer is liable for any resulting reduction in the product’s value.
4. 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 regarding the right of withdrawal; this must be done before the sales contract is concluded.

Article 8 – Exclusion of the right of withdrawal

1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall apply only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
2. The right of withdrawal may only be excluded for products:
3. which have been produced by the trader in accordance with the consumer’s specifications;
4. which are clearly of a personal nature;
5. which, by their very nature, cannot be returned;
6. which can spoil or go off quickly;
7. the price of which is subject to fluctuations in the financial market over which the trader has no control;
8. for hygiene products where the consumer has broken the seal.

3. The right of withdrawal may only be excluded in respect of services:
4. relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
5. the supply of which has commenced with the consumer’s express consent before the cooling-off period has expired;
6. concerning betting and lotteries.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where the prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any prices quoted are indicative prices must be stated in the offer.
3. Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases taking effect from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
5. these are the result of statutory regulations or provisions; or
6. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
7. The prices quoted in the range of products or services include VAT, unless explicitly stated otherwise.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications set out in the offer, reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
2. Any guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
4. The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is at no time liable for the ultimate suitability of the products for any individual application by the consumer, nor for any advice given regarding the use or application of the products.
5. The warranty does not apply if:

• the consumer has repaired and/or altered the products supplied themselves, or has had them repaired and/or altered by third parties;
• Products supplied that have been exposed to abnormal conditions, or have otherwise been handled carelessly, or have been handled in a manner contrary to the trader’s instructions and/or the instructions on the packaging;
• The defect is wholly or partly attributable to regulations which the government has laid down or will lay down regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The business will exercise the utmost care when accepting and fulfilling orders for products and when assessing requests for the provision of services.
2. The place of delivery shall be the address that the consumer has provided to the company.
3. Subject to the provisions of paragraph 4 of this article, the company shall fulfil accepted orders with due diligence, but no later than within 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 notified of this no later than 30 days after placing the order. In such a case, the consumer is entitled to cancel the contract free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any delivery times that may be stated. Exceeding a delivery time does not entitle the consumer to compensation.
5. In the event of termination in accordance with 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 termination.
6. If it proves impossible to deliver an ordered product, the trader will endeavour to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return shipment shall be borne by the trader.
7. The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

Article 12 – Long-term contracts: duration, termination and renewal

Cancellation

1. The consumer may terminate a contract entered into for an indefinite period and relating to the regular supply of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract for the regular supply of goods (including electricity) or services, at any time before the end of the fixed term, subject to the agreed notice of termination rules and a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the preceding paragraphs:

• to be terminated at any time and not to be restricted to termination at a specific time or during a specific period;
• at least terminate them in the same way as they were entered into by him;
• always give notice in accordance with the same notice period as that stipulated by the business owner for themselves.

Extension

4. A contract entered into for a fixed term and which provides for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a contract entered into for a fixed term and relating to the regular delivery of dailydaily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, provided that the consumer may terminate this renewed contract towards the end of the renewal period with a notice period of no more than one month.
6. A contract entered into for a fixed term and which provides for the regular supply of goods or services, may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate the contract at any time with a notice period of no more than one month, and a notice period of no more than three months in the event that the contract provides for the regular, but less than once a month, of daily newspapers, news papers, weekly newspapers and magazines.
7. A fixed-term contract for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period.

Duration

7. If a contract has a term of more than one year, the consumer may, after one year, terminate the contract at any time subject to a notice period of no more than one month, unless the principles of reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins once the consumer has received confirmation of the contract.
2. The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or stated.
3. In the event of non-payment by the consumer, the trader is entitled, subject to statutory limitations, to charge the consumer the reasonable costs of which the consumer has been informed in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and will deal with the complaint in accordance with this complaints procedure.
2. Complaints regarding the performance of the contract must be submitted to the trader within 7 days of the consumer becoming aware of the defects, and must be fully and clearly described.
3. Complaints submitted to the trader will be responded to within 14 days of the date of receipt. If a complaint is likely to take longer to process, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.
5. In the event of a complaint, a consumer should first contact the trader. If the online shop is a member of WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (webwinkelkeur.nl), which will act as an intermediary free of charge. Check whether this online shop has a current membership via https://www.webwinkelkeur.nl/leden/. Should a solution still not be reached, the consumer has the option of having their complaint dealt with by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding, and both the trader and the consumer agree to abide by this binding ruling. Submitting a dispute to this disputes committee involves costs, which the consumer must pay to the committee in question. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the trader’s obligations, unless the trader states otherwise in writing.
7. If the trader finds a complaint to be justified, the trader shall, at its discretion, either replace or repair the products supplied free of charge.

Article 15 – Disputes

1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This applies even if the consumer is resident abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Supplementary or deviating provisions

Any additional provisions, or provisions that deviate from these general terms and conditions, must not be to the detriment of the consumer and must be set out in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.