1. Definitions

  2. Scope/applicability/general conditions

  3. Description of services/products

  4. Agreement

  5. Price/Payment

  6. Liability

  7. Intellectual Property

  8. Applicable law/rights

  9. Contact

 

1. Definitions: 

  1. Green Harvey: Green Harvey, established in Zoetermeer under Chamber of Commerce no. 78251052 and VAT identification no. NL003307254B13.

  2. Customer: the person with whom Green Harvey has entered into an agreement.

  3. Parties: Green Harvey and customer together.

  4. Consumer: a customer who is also an individual and who acts as a private person.

  5. Contact: hello@greenharvey.com and 085-06 08 486

Overview

This website is operated by Green Harvey. Throughout the site, the terms "we", "us" and "our" refer to Green Harvey. Green Harvey offers this website, including all information, tools and services available from this site to you, the customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything from us, you are participating in our "Service" and agreeing to the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms and conditions. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new functions or tools that are added to the current shop are also subject to the general terms and conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these terms and conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes will mean you accept those changes.

Accessing the website

Access to and use of the website is strictly personal. You shall not use this website or the data and information provided on it for commercial, political or advertising purposes or for any commercial offers and, in particular, you shall not use it for unsolicited electronic offers.

The content of the website

All brands, images, texts, comments, illustrations, (animated) pictures, video images, sounds, as well as all technical applications used to operate the website and, more generally, all components used on this site, are protected by intellectual property rights under the law. Any reproduction, representation, use or adaptation, in any manner whatsoever, of all or part of the site, including the technical applications, without the prior written consent of the person in charge, is strictly prohibited. The failure of the manager to take immediate action against any infringement shall not be construed as tacit consent or as a waiver of any legal process.

Managing the website

For the proper management of the website, the administrator can at any time.

  • Suspend, interrupt or limit access to all or part of the website to a certain category of visitors.

  • Remove all information that may interfere with the functioning of the website or is contrary to national or international law or to Internet etiquette.

  • Temporary unavailability of the website in order to carry out updates.

Responsibilities 

The administrator is in no way responsible for failures, breakdowns, difficulties or interruptions in the functioning of the website, as a result of which the website or one of its functionalities is not accessible. The way in which you connect to the website is your own responsibility. You are responsible for taking all appropriate measures to protect your equipment and data against, among other things, virus attacks on the Internet. You are also responsible for the websites and the data you consult on the internet.

The administrator is not liable for any legal actions taken against you:

  • Due to the use of the website or services accessible via the Internet.

  • For violating the terms of this privacy policy.

The administrator is not responsible for any damage which you or third parties or your equipment incur as a result of your connection to or use of the website. You will refrain from any action against the administrator as a result.

If the administrator becomes involved in a dispute as a result of your use of this website, he is entitled to recover from you any damage he suffers and may suffer as a result.

 

  1. Scope/Applicability of General Terms and Conditions

Applicability of General Terms and Conditions

  1. These Terms and Conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Green Harvey.

  2. The parties may only deviate from these terms and conditions if they have expressly agreed to this in writing.

  3. Parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.

Online shop conditions 

  1. By agreeing to these Terms and Conditions, you represent that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province of residence, and that you have given us permission to allow one of your minor dependents to use this Site.

  2. You may not use our products for illegal or unauthorised purposes, and you may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the service.

  3. You must not transmit worms or viruses or any code of a destructive nature.

  4. A breach or violation of any of the conditions will result in immediate termination of your services.

General Terms and Conditions

  1. We reserve the right to refuse service to anyone at any time for any reason.

  2. You understand that your content (excluding credit card information) may be transmitted in unencrypted form and that there may be (a) transmissions over different networks; and (b) changes to comply with and adapt to technical requirements for connecting networks or devices. Credit card details are always encrypted during transmission over networks.

  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, the use of the Service or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

  4. The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these terms and conditions. 

Accuracy, completeness and timeliness of the information

  1. We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is intended for general information purposes only and should not be used as the sole basis for making decisions without reference to primary, more accurate, complete or timely sources of information. Any reliance on the material contained in this site is at your own risk.

  2. This site may contain certain historical information. Historical information is necessarily not up to date and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to check for changes on our site. 

 

  1.  Description of services/products

Products or services

  1. Certain products or services may only be available online through the website. These products or services may have a limited quantity and can only be exchanged or returned according to our return policy.

  2. We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer monitor's display of any colour will be accurate.

  3. We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. Any descriptions of products or product prices are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

  4. We do not guarantee that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. 

 

  1. Agreement

Optional tools

We may give you access to third-party tools over which we have no control or input. 

  1. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranty, representation or condition of any kind and without any endorsement. We shall not be liable in any way for or in connection with your use of optional third-party tools.

  2. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are aware of and agree to the terms on which the tools are offered by the relevant third party/parties.

  3. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services are also subject to these Terms of Use. 

Errors, inaccuracies and omissions

  1. Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that could relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if the information on the Service or on any related website is inaccurate at any time without notice (including after you submit your order).

  2. We undertake no obligation to update, modify or clarify any information on the Service or any related web site, including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website may be used to indicate that any information in the Service or on any related website has been changed or updated.

 Samples/models 

If the customer has received a sample or model of a product, he may not derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered shall correspond to the sample or model.

Consequences of late payment 

  1. If the customer does not pay within the agreed period, Green Harvey will be entitled to charge interest of 1% per month from the day the customer is in default, whereby part of a month will be counted as a whole month.

  2. If the customer is in default, he will also owe Green Harvey extra-judicial collection costs and possible damages.

  3. The collection costs are calculated on the basis of the Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten).

  4. If the customer does not pay in time, Green Harvey may suspend its obligations until the customer has fulfilled its payment obligation.

  5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Green Harvey's claims against the customer will be immediately due and payable.

  6. Should the Customer refuse to cooperate in the execution of the agreement by Green Harvey, the Customer will still be obliged to pay the agreed price to Green Harvey.

Returns 

  1. A consumer can dissolve an online purchase during a 30-day cooling-off period without giving reasons on the conditions that:

  • The product has not been used

  • It is not a product that spoils quickly, such as food or flowers

  • It is not a product that has been customised or modified for the consumer

  • It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)

  • The seal is still intact in the case of data carriers with digital content (DVDs, CDs, etc.)

  • The product is not a journey, a transport ticket, a catering order or a leisure activity

  • The product is not a separate magazine or newspaper

  • It does not concern an (order for) emergency repair

  • The consumer has not waived his right of withdrawal 

  1. The cooling-off period of 30 days as mentioned in paragraph 1 starts:

  • On the day after the consumer has received the last product or part of 1 order

  • Once the consumer has received the first product of a subscription

  • Once the consumer has used a service for the first time

  • Once the consumer has confirmed that he is going to purchase digital content via the Internet 

  1. The consumer can make his appeal to the right of withdrawal known at hello@greenharvey.com.

  2. The consumer is obliged to return the product to Green Harvey within 30 days after making known his right of withdrawal, failing which his right of withdrawal will lapse.

  3. In the event that the purchase price including other costs such as shipping costs, administration costs, etc. (with the exception of any extra costs resulting from the customer's choice of a delivery method other than the cheapest standard delivery offered by us) are eligible for reimbursement according to law, Green Harvey will refund these costs to the consumer within 30 days after receipt of the timely notification of the right of withdrawal, provided that the consumer has returned the product to Green Harvey in due time. For this refund we will use the same means of payment as the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no event will the customer be charged for this refund.

  4. The consumer is responsible for paying his/her own shipping costs for returning the item. Shipping costs are not refundable. If the consumer receives a refund, the cost of the return shipment will be deducted from the refund. 

Green Harvey may refuse to refund goods until we have received them back or until the customer has provided proof that the customer has returned the goods, whichever comes first. The customer shall return or hand over the goods to us without delay and in any event within fourteen days of the date on which the customer notifies us of the termination of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. 

The customer shall only be liable for a loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.

7. Green Harvey will not be liable for lost parcels if the customer returns them.

Late or missing refunds

If you have not yet received a refund: 

  1. Pleasecheck your bank accountfirst

  2. Please contact your credit card company, it may take some time before your refund is officially posted.

  3. Then contact your bank. Often there is some processing time before a refund is posted.

  4. If you have done all this and still have not received your refund, please contact us at hello@greenharvey.com

Prohibited applications

In addition to any other prohibitions set forth in the General Terms and Conditions, you are prohibited from using the Site or any of its contents (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance (d) to violate or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, defame, slander, disparage, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability (f) provide false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may in any way impair the functionality or operation of the Service or any related website, other websites or the Internet (h) collect or track personal information of others; (i) use spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) circumvent or attempt to circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Exclusion or premature termination of the right of withdrawal

The right of withdrawal shall not apply to contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.

Moreover, the right of withdrawal shall not apply to contracts for the delivery of sealed goods which are unsuitable for return shipment for reasons of health protection or hygiene

Registration on the Green Harvey website

  1. Green Harvey gives the customer the opportunity to register under www.greenharvey.com by clicking on the 'register' button to register and open a customer account. Registration is purely voluntary to facilitate future orders. Registration is not mandatory to place an order.

  2. The customer is obliged to treat his personal access data as confidential and not to make them available to unauthorised third parties.

  3. Registration with Green Harvey is free of charge. There is no entitlement to registration. Green Harvey may also link the registration to further requirements (e.g. verification of the registration data). The customer is obliged to provide correct and accurate information during registration. Changes in the data must be communicated by the customer in order to avoid costs if the customer wants to place a new order. In particular, the customer must provide their full name, address and e-mail address. Green Harvey is entitled to send all statements to be made to customers effectively to the customer's email address, unless a more stringent form is required by law or agreement.

  4. The personal data saved during registration are stored by us so that the customer can log in again at any time with his access data. Further information is available to the customer in the privacy and cookie statement available at https://www.greenharvey.com/privacy-beleid

  5. By subscribing to Green Harvey text messages, you agree to receive automated marketing text messages from us about our products and services at the telephone number you provided when you signed up, and that the messages may be sent through an automatic telephone dialing system or other technology. The frequency of messages is recurring. Consent is not a condition of purchase. Message and data rates may apply. Answer STOP, END, CANCEL, UNSUBSCRIBE or QUIT to unsubscribe and HELP for customer support. You may receive an additional text message confirming your decision to unsubscribe. You understand and agree that attempting to opt-out by any means other than texting the above opt-out commands is not a reasonable means of opting-out.

Delivery 

  1. Delivery takes place as long as stocks last.

  2. Delivery will take place at Green Harvey's, unless parties have agreed otherwise.

  3. Delivery of products ordered online takes place at the address indicated by the customer.

  4. If the agreed amounts are not paid or not paid on time, Green Harvey shall be entitled to suspend its obligations until the agreed part has been paid.

  5. A late payment constitutes a creditor's default, with the result that the customer cannot hold a late delivery against Green Harvey.

  6. From €50,- the customer receives free shipping on the order within the Netherlands for single sales. Delivery costs to other countries within Europe are the responsibility of the buyer. Check the shipping costs for all countries by clicking here.

  7. In exceptional cases, delivery times may be longer than indicated due to delivery bottlenecks or other unforeseen circumstances. In particular, Green Harvey has no influence on delivery delays caused by the shipping company. In the case of foreign orders, delivery may be delayed accordingly.

  8. A Green Harvey subscription is for a minimum period of 3 months (minimum 1 bag per month). Through your account you can edit the desired protein bag each month, skip a month or add a product. For orders over €50,- euro you will receive free shipping in the Netherlands , Belgium, Luxembourg and Germany.

    Your membership is 100% customisable and you are guaranteed our lowest rate - 15% of every order, every month! Click here for more information about the subscription.

Subscriptions

When you purchase a subscription, you will receive repeat deliveries. These are based on the subscription period and frequency you select.
Your payment details will be securely stored and a charge will be made for each of these deliveries unless you choose to pay in advance. A subscription is taken out for a minimum of 3 months.

Some subscriptions may renew automatically at the end of their term. If you do not wish to renew a subscription, you can cancel it.

When you sign up for Green Harvey membership, we offer a 30-day satisfaction guarantee on your first subscription order. Our aim is to make you feel your best inside and out, so if you're not satisfied in that time, please contact us at hello@greenharvey.com so we can help you get the most out of your protein powder, or provide you with the most up to date return information.

The 30-day guarantee is valid only on the first shipment


If you want to cancel or change your subscription, you can do so at any time. Your order confirmation emails contain links to your order. From there you can manage your subscription.

Delivery time

  1. The delivery times stated by Green Harvey are indicative and in the event of exceeding thereof, do not entitle the customer to dissolution or compensation, unless the parties have explicitly agreed otherwise in writing.

  2. The delivery period shall commence at the time the Customer has completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Green Harvey.

  3. Exceeding the stated delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Green Harvey cannot deliver within 14 days after having been requested to do so in writing or if parties have agreed otherwise.

Actual delivery

Transport costs shall be borne by the customer, unless the parties have agreed otherwise. 

Packaging and shipping

  1. If the packaging of a product delivered has been opened or damaged, the customer must, before taking delivery of the product, have the forwarder or delivery person make a note of this, failing which Green Harvey cannot be held liable for any damage.

  2. In the event that the Customer is responsible for transporting a product, the Customer must report any visible damage to the product or its packaging to Green Harvey prior to transport, failing which Green Harvey will not be held liable for any damage.

  3. The risk of damage and/or loss of the product will remain with Green Harvey until the time of delivery to the Customer or a representative designated in advance and made known to Green Harvey, unless otherwise agreed.

  4. Green Harvey customers will be notified as soon as the package has been dispatched. 

Storage 

  1. If the customer takes delivery of ordered products later than the agreed delivery date, the risk of a possible loss of quality shall be borne entirely by the customer.

  2. Any additional costs resulting from premature or late delivery of products shall be borne entirely by the customer.

Warranty

  1. For the products of Green Harvey is a legal warranty: right to a good product, of 6 months. The customer must be able to prove that a bad product was delivered by Green Harvey. The customer must meet the following conditions:

  • The customer has used the product in a normal way.

  • The customer has not broken or damaged the product himself.

  • It is not normal wear and tear.

  • The customer has maintained the product well.

  • The customer at Green Harvey complains within two months of discovering that the product is not good.

  1. The warranty on products shall apply exclusively to defects caused by faulty workmanship, construction or materials.

  2. The guarantee does not apply in the case of normal wear and tear and in the case of damage caused by accidents, modifications made to the product, negligence or improper use by the customer, or if the cause of the defect cannot be clearly determined.

  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time at which they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

  4. Green Harvey does not guarantee that the results obtained from the use of the service are accurate or reliable.

Exchange

  1. Exchanges are only possible if the following conditions are met:

  • Exchanges will take place within 14 days after purchase on presentation of the original invoice

  • The product is returned in its original packaging or with the original (price) tags still attached.

  • The product has not been used yet

  1. Discounted items, non-durable items such as foodstuffs, customised items or items specially adapted for the customer cannot be exchanged.

  2. If the customer wishes to exchange a product, the customer must send a message to hello@greenharvey.com. Please mention/insert the following in the mail:

  • The invoice

  • Reason for exchange

  • For which product the customer would like to exchange 

  1. Any additional costs for exchanging the products, such as shipping costs, shall be borne by the customer.

Indemnification

The Customer will indemnify Green Harvey against all claims from third parties in connection with the products and/or services supplied by Green Harvey.

Complaints

  1. The customer must examine a product delivered or service rendered by Green Harvey as soon as possible and identify any shortcomings.

  2. In case a delivered product or service does not comply with what the Customer could reasonably expect from the agreement, the Customer must inform Green Harvey as soon as possible, but in any case within 1 month after discovery of the shortcomings.

  3. Consumers must inform Green Harvey of their defects at the latest within 2 months of discovery thereof.

  4. The customer will give as detailed a description as possible of the shortcoming, so that Green Harvey will be able to respond adequately.

  5. The customer must prove that the complaint relates to an agreement between the parties.

  6. If a complaint relates to work in progress, this cannot in any case result in Green Harvey being obliged to perform work other than that agreed upon.

Formal notice

  1. The Customer must give notice of default in writing to Green Harvey.

  2. It is the customer's responsibility that a notice of default actually reaches Green Harvey (in time). 

 

  1. Prices/Payment

Prices 

  1. All prices used by Green Harvey are in Euros, inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipment or transport costs, unless explicitly stated otherwise or agreed upon otherwise.

  2. All prices which Green Harvey uses for its products or services, its website or which are otherwise made known may be changed by Green Harvey at any time.

  3. Increases in the cost prices of products or parts thereof, which Green Harvey could not foresee at the time the offer was made or the agreement concluded, may give rise to price increases.

  4. The consumer is entitled to dissolve a contract as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

  5. Green Harvey encrypts all customer information with the SSL (Secure Socket Layer) protocol. This means that unauthorised persons cannot see the customer's data.

  6. Any refunds will be automatically credited to the account that the customer used for the payment. In the case of payment by invoice and prepayment, the transfer shall be made to the account from which the transfer was made. 

Pay safely 

  1. Green Harvey encrypts all customer information with the SSL (Secure Socket Layer) protocol. This means that unauthorised persons cannot see the customer's data. 

 

  1. Liability 

Joint and several liability of the customer

If Green Harvey enters into an agreement with several customers, each of them will be jointly and severally liable for the full amounts owed to Green Harvey pursuant to that agreement.

Liability Green Harvey

  1. Green Harvey will only be liable for any damage suffered by the customer if and insofar as such damage was caused by intent or deliberate recklessness.

  2. Should Green Harvey be liable for any damage, it will only be liable for direct damage arising from or in connection with the execution of an agreement.

  3. Green Harvey will never be liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.

  4. In the event that Green Harvey is liable, this liability will be limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the amount of the damage, the liability will be limited to the (part of the) invoice amount to which the liability relates.

  5. All images, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and apply only approximately and cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

  6. The risk of damage and/or loss of the product will remain with Green Harvey until the time of delivery to the Customer or a representative designated in advance and made known to Green Harvey, unless otherwise agreed.

  7. The above limitations of liability shall also apply in favour of the legal representatives and vicarious agents of the Seller.

  8. The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same shall apply to claims of the buyer under the Product Liability Act.

 Disclaimer of warranties; limitation of liability

  1. We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

  2. We do not guarantee that the results that may be obtained through the use of the service are accurate or reliable.

  3. You agree that we may remove the Service from time to time for an indefinite period or cancel the Service at any time without notice.

  4. You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use without any representation, warranty or condition of any kind, express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

  5. In no event shall Green Harvey, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, health issues, illness, physical problems, loss, claim, or any direct, indirect, incidental, special or consequential damages of any kind, including but not limited to lost profits, lost revenues, missed earnings, loss of data, replacement costs, or any similar damages, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence) strict liability or otherwise, arising out of your use of any of the services or products purchased through the service, or for any other claim related in any way to your use of the service or a product, including, but not limited to, any errors or omissions in content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted or otherwise made available through the service, even if you have been advised of the possibility thereof. In no event shall Green Harvey be liable for any recommendations, health claims, statements, or any other advice or information provided on the Web site or in any other form of communication. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law. 

Compensation

You agree to indemnify and hold Green Harvey and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Security

In the event that any provision of these terms and conditions is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these terms and conditions, such provision shall not affect the validity and enforceability of the remaining provisions. 

Expiry date

Any right of the customer to claim compensation from Green Harvey will in any case lapse 12 months after the event from which the liability directly or indirectly arose. This does not exclude the provisions in Section 6:89 of the Dutch Civil Code. 

Right of rescission 

  1. The customer is entitled to terminate the agreement if Green Harvey fails imputably in the fulfilment of its obligations, unless this failure does not justify the termination, given its special nature or minor importance.

  2. If fulfilment of the obligations by Green Harvey is not permanently or temporarily impossible, dissolution can only take place after Green Harvey is in default.

  3. Green Harvey shall be entitled to dissolve the agreement with the customer if the customer fails to fulfil his obligations arising from the agreement in full or in time, or if Green Harvey becomes aware of circumstances giving it good reason to fear that the customer will not be able to fulfil his obligations properly.

Termination

  1. The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

  2. These Terms of Service are effective unless and until terminated by you or by us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you cease using our site.

  3. If you fail, or we suspect that you have failed, in our sole discretion to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly you may be denied access to our Services (or any part thereof).

Force majeure

  1. Supplementary to the provisions in article 6:75 Dutch Civil Code, a failure by Green Harvey in the fulfilment of any obligation towards the customer cannot be attributed to Green Harvey in a situation independent of the will of Green Harvey, as a result of which the fulfilment of its obligations towards the customer is fully or partially impeded or as a result of which the fulfilment of its obligations cannot reasonably be required from Green Harvey.

  2. The force majeure situation referred to in paragraph 1 shall also include - but not be limited to -: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.

  3. In the event that a situation of force majeure occurs as a result of which Green Harvey cannot fulfil one or more obligations towards the customer, the obligations will be suspended until Green Harvey can fulfil them again. The obligations will be suspended until Green Harvey can fulfil them again.

  4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.

  5. In a force majeure situation, Green Harvey will not be liable for any compensation or damages, even if it gains any advantage as a result of the force majeure situation. 

 

  1. Intellectual Property 

Retention of title

  1. Green Harvey will remain the owner of all products delivered until the Customer has fully complied with all its payment obligations towards Green Harvey based on whatever agreement entered into with Green Harvey, including claims relating to non-compliance.

  2. Until that time, Green Harvey may invoke its retention of title and take back the goods.

  3. Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.

  4. In the event that Green Harvey invokes its retention of title, the agreement will be deemed to have been dissolved and Green Harvey will be entitled to claim damages, lost profits and interest. 

 

  1. Applicable law/rights

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any obligation arising from this agreement.

Lien

  1. Green Harvey may invoke its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices to Green Harvey, unless the Customer has provided sufficient security for these expenses.

  2. The right of retention also applies on the basis of previous agreements from which the customer still owes Green Harvey payments.

  3. Green Harvey shall never be liable for any damage which the customer may suffer as a result of the use of its right of retention.

Right to advertise

  1. As soon as the customer is in default, Green Harvey shall be entitled to invoke the right of complaint in respect of the unpaid products delivered to the customer.

  2. Green Harvey invokes the right of advertising by means of a written or electronic communication.

  3. As soon as the Customer has been informed of the invoked right of complaint, the Customer must immediately return the products to which this right relates to Green Harvey, unless the parties have made other agreements in this regard.

  4. The costs of taking back or bringing back the products shall be borne by the customer.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Green Harvey against a claim against Green Harvey.

Amendment of General Terms and Conditions

  1. Green Harvey is entitled to amend or supplement these General Terms and Conditions.

  2. Changes of minor importance can be made at any time.

  3. Green Harvey will discuss major changes in content with the customer in advance as much as possible.

  4. Consumers are entitled to terminate the contract in the event of a substantial change in the general terms and conditions. 

Transfer of rights 

  1. Rights of the customer arising from an agreement between parties cannot be transferred to third parties without the prior written consent of Green Harvey.

  2. This provision is considered to be a clause with effect on the law of property as referred to in Article 2:83, paragraph 2, of the Dutch Civil Code.

Effects of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the other provisions of these terms and conditions.

  2. A provision that is void or voidable will be replaced by a provision that comes closest to what Green Harvey had in mind when drawing up the terms and conditions.

Full agreement

  1. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

Applicable law and competent court

  1. Any agreement between the parties shall be governed exclusively by Dutch law.

  2. The Dutch judge in the district where Green Harvey has its registered office/practice is exclusively authorised to take cognisance of any disputes between parties, unless the law imperatively prescribes otherwise.

 

  1. Contact

E-mail: hello@greenharvey.com

Last update: 3 August 2021