Terms and Conditions - Green Happiness

Article 2 – Identity of Green Happiness
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer during the Reflection Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs thereof
Article 9 – Obligations of Green Happiness upon Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Compliance and Extra Guarantee
Article 13 – Delivery and Execution
Article 14 – Duration Transactions
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes

Article 1 – Definitions
In these terms and conditions, the following is understood:

Additional Agreement:an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by Green Happiness or by a third party based on an agreement between that third party and Green Happiness;
Reflection Period:the term within which the consumer can exercise his right of withdrawal;
Consumer:the natural person who does not act for purposes related to their trade, business, craft, or professional activity;
Day:calendar day;
Digital Content:data produced and supplied in digital form;
Duration Agreement:an agreement aimed at the regular delivery of goods, services, and/or digital content over a certain period;
Durable Medium:any tool – including email – that enables the consumer or Green Happiness to store information addressed to them personally, in a way that facilitates future consultation or use for a period that is aligned with the purpose for which the information is intended and that allows the unchanged reproduction of the stored information;
Right of Withdrawal:the possibility for the consumer to waive the distance contract within the reflection period;
Green Happiness:the natural or legal person that offers products, (access to) digital content and/or services to consumers at a distance;
Distance Contract:an agreement that is concluded between Green Happiness and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, in which, up to and including the conclusion of the agreement, exclusive use or joint use is made of one or more techniques for distance communication;
Model Withdrawal Form:European model withdrawal form, see Article 6;
Technique for Distance Communication:means that can be used to conclude an agreement, without the consumer and the entrepreneur being required to be together in the same space at the same time.

Article 2 – Identity of Green Happiness
Green Happiness B.V.
H.J.E. Wenckebachweg 123, 1096 AM Amsterdam
[email protected]
Chamber of Commerce number 67030734

Article 3 – Applicability

These general terms and conditions apply to every offer of Green Happiness and to every distance contract that has been established between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, Green Happiness will indicate before the distance contract is concluded how the general terms and conditions can be viewed at Green Happiness and that they will be sent to the consumer as quickly as possible at no cost upon request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another way at no cost upon request.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs are of corresponding application and the consumer can, in the case of conflicting conditions, always rely on the applicable provision that is most favorable for them.

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If Green Happiness uses images, they are a truthful representation of the offered products, services, and/or digital content.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The contract

The contract, subject to the provision in paragraph 4, is established at the moment of acceptance by the consumer of the offer and meeting the conditions set.
If the consumer has accepted the offer electronically, Green Happiness promptly confirms the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Green Happiness, the consumer can dissolve the contract.
If the contract is established electronically, Green Happiness takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, Green Happiness will take appropriate security measures.
Green Happiness can – within legal frameworks – ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If Green Happiness has good reason based on this investigation not to enter into the contract, it is entitled to refuse an order or request with reasons given, or to attach special conditions to the execution.
Green Happiness shall, at the latest upon delivery of the product, the service, or digital content to the consumer, provide the following information, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:
a) the visiting address of Green Happiness’s establishment where the consumer can go with complaints;
b) the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c) the information about warranties and existing service after purchase;
d) the price including all taxes of the product, service, or digital content; as applicable, the cost of delivery; and the method of payment, delivery, or execution of the distance contract;
e) the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
f) if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a transaction over time, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

The consumer may dissolve a contract related to the purchase of a product during a reflection period of at least 14 days without giving any reason. Green Happiness may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a) if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Green Happiness may, provided that he has informed the consumer clearly about this before the ordering process, refuse an order of multiple products with differing delivery times.
b) if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c) for contracts for the regular delivery of products during a defined period of time: the day on which the consumer, or a third party designated by him, has received the first product. d) for services and digital content not supplied on a tangible medium: the day following the conclusion of the contract.

Article 7 – Consumer’s obligations during the reflection period

During the reflection period the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle is that the consumer may handle and inspect the product only as he would be allowed to in a store.
The consumer is only liable for the depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in section 1.
The consumer is not liable for the depreciation of the product if Green Happiness has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and its costs

If the consumer exercises his right of withdrawal, he shall communicate this within the reflection period using the model withdrawal form or in another unequivocal manner to Green Happiness.
As soon as possible, but within 14 days from the day following the notification referred to in section 1, the consumer shall send back the product, or hand it over to (a representative of) Green Happiness. This is not necessary if Green Happiness has offered to collect the product themselves. The consumer has observed the return period if he sends back the product before the reflection period has expired.
The consumer sends the product back with all supplied accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Green Happiness.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product.
If the consumer exercises his right of withdrawal, all additional contracts will be legally dissolved.

Article 9 – Obligations of Green Happiness in case of withdrawal

If Green Happiness enables notification of withdrawal electronically, they shall send an acknowledgment of receipt immediately upon receipt of this notification.
Green Happiness shall reimburse all payments from the consumer, excluding any delivery costs charged by Green Happiness for the returned product, without delay but within 14 days following the day on which the consumer informs them of the withdrawal. Unless Green Happiness offers to collect the product themselves, they may wait with reimbursement until they have received the product or until the consumer shows that he has returned the product, whichever is earlier.
Green Happiness will use the same means of payment used by the consumer for the refund, unless the consumer agrees to a different method. The refund will be free of charge for the consumer.

Article 10 – Exclusion of the right of withdrawal

Green Happiness may exclude the following products and services from the right of withdrawal, but only if Green Happiness has clearly stated this in the offer, at least in a timely manner before the contract is concluded:

Products or services whose price is tied to fluctuations in the financial market over which Green Happiness has no influence and which can occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is understood to mean a method of sale where products, digital content and/or services are offered by Green Happiness to the consumer who is present in person or is given the opportunity to be present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
Service contracts, after full execution of the service, but only if:
a. the performance has begun with the explicit prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal once the trader has fully executed the contract.

Article 11 – The price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
Deviation from the previous clause, Green Happiness may offer products or services with variable prices that are bound to fluctuations in the financial market and over which Green Happiness has no influence. The fact that prices are subject to these fluctuations and the fact that any stated prices are indicative prices, will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if Green Happiness has stipulated this and:
a. they are the result of statutory regulations or provisions; and
b. the consumer has the right to terminate the contract as of the day the price increase takes effect.
The prices listed in the offer of products or services include VAT.

Article 12 – Fulfillment of contract and additional warranty

Green Happiness ensures that the products and/or services comply with the contract, the specifications mentioned in the offer, meet reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, Green Happiness also ensures that the product is suitable for use other than normal use.
An extra warranty provided by Green Happiness, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the contract, can enforce against Green Happiness in case Green Happiness has failed to fulfill its part of the contract.
Extra warranty is understood to mean any commitment by Green Happiness, its supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do in case they have failed to fulfill their part of the contract.

Article 13 – Delivery and execution

Green Happiness will observe the utmost care in receiving and executing orders of products and when assessing applications for the provision of services.
The place of delivery shall be the address that the consumer has made known to Green Happiness.
Subject to what has been stated about this in Article 4 of these general terms and conditions, Green Happiness will execute accepted orders expeditiously but not later than 30 days unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to possible compensation.
After dissolution in accordance with the previous clause, Green Happiness will immediately reimburse the amount the consumer has paid.
The risk of damage and/or loss of products rests with Green Happiness until the moment of delivery to the consumer or a pre-designated and to Green Happiness known representative, unless explicitly agreed otherwise.

Article 14 – Duration transactions

Duration transactions include the annual and monthly subscriptions to My Green Happiness.
The monthly membership of My Green Happiness begins with a free 30-day trial period. The free trial period is designed to let new members try out My Green Happiness. The monthly membership fee will be deducted at the end of the free trial period unless the membership is canceled before the end of the trial period.
The monthly membership will continue each month until it is canceled. The consumer grants Green Happiness permission to deduct the membership fee monthly through the chosen payment method on the calendar day the paid membership commenced. If a monthly payment is not successfully processed due to an expired expiration date, insufficient balance of the payment method, or for any other reason, Green Happiness may deny the consumer access until a valid payment is obtained. The consumer remains responsible for the amount Green Happiness could not collect.
The monthly membership can be canceled up to 15 days before the monthly billing date. After the consumer has canceled, they retain access to My Green Happiness until the end of the monthly billing period. If the membership is canceled, the account will be automatically closed at the end of the current billing period.
The fees for the annual membership are settled directly. A revocation period of 14 days applies. If the revocation option is used and the consumer has received a physical gift with the yearly subscription, it must be returned in accordance with the conditions of articles 7 and 8. After 14 days, it is no longer possible to cancel the yearly subscription and receive a refund. If the Confident in your Body Guide was chosen and this gift is not to satisfaction, it is not possible to exchange this gift for the Your 50 Days of Green Happiness book.

Article 15 – Payment

Unless otherwise stipulated in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after concluding the agreement.
Klarna manages the full post-payment process for Green Happiness. This means you will receive a payment summary from Klarna. You can view and pay this payment summary using the Klarna App, securely and very easily from your smartphone. In the Klarna online environment, you can manage your payment summaries from your computer or tablet. Klarna keeps you informed via push notifications & emails when a payment summary is ready for you. To approve your request for payment after delivery, Klarna carries out a data check. Klarna adheres to a strict privacy policy as described in its privacy statement. Should your request for payment with Klarna not be authorized unexpectedly, you can, of course, pay for your order with another payment method. You can always contact Klarna with questions.
In the sale of products with prepayment, the consumer cannot assert any right concerning the execution of the respective order or service(s) before the stipulated prepayment has been made.
The consumer has the duty to report inaccuracies in provided or mentioned payment details to Green Happiness immediately.
If the consumer does not fulfill their payment obligations in a timely manner, after being notified by Green Happiness about the late payment and Green Happiness has given the consumer a period of 14 days to still meet their payment obligations, upon failure to pay within this 14-day period, the consumer is due the statutory interest on the amount still owed and Green Happiness is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the next €5,000, with a minimum of €40. Green Happiness may deviate from the mentioned amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

Green Happiness has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to Green Happiness within a timely manner after the consumer has noticed the defects, described in full and clearly.
Complaints submitted to Green Happiness will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Green Happiness will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give Green Happiness at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute that is eligible for dispute resolution arises.

Article 17 – Disputes

Only Dutch law applies to agreements between Green Happiness and the consumer to which these general terms and conditions apply.

Volg Green Happiness