Terms and conditions

by Merel & Tessa

Article 1 – Definitions
Article 2 – Identity of The 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 cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of The Green Happiness in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra guarantee
Article 13 – Delivery and implementation
Article 14 – Duration transactions
Article 15 – Payment
Article 16 – Complaints
Article 17 – Disputes

Article 1 – Definitions
The following definitions apply in these terms and conditions:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by The Green Happiness or by a third party on the basis of an agreement between that third party and The Green Happiness;
  2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data that is produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Sustainable data carrier: any tool – including e-mail – that enables the consumer or The Green Happiness to store information that is addressed to him personally in a way that future consultation or use for a period that is aligned with the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
  9. The Green Happiness: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
  10. Distance agreement: an agreement concluded between The Green Happiness and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusive or joint use one or more techniques for distance communication are made;
  11. Model form for cancellation: European model form for cancellation, see article 6;
  12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.

Article 2 – Identity The Green Happiness
TGH B.V. (The Green Happiness)
Herengracht 140-2, Amsterdam
info@thegreenhappiness.com
Chamber of Commerce number 67030734

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from The Green Happiness and to every distance agreement concluded between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, The Green Happiness will indicate before the distance agreement is concluded, how the general terms and conditions can be viewed at The Green Happiness and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. 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 may be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way 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 read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions the consumer can always invoke the applicable provision that is most favorable to him .

Article 4 – The offer

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

Article 5 – The agreement

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, The Green Happiness will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by The Green Happiness, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, The Green Happiness will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, The Green Happiness will take appropriate security measures.
  4. The Green Happiness can inform itself within the legal framework – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If, based on this investigation, The Green Happiness has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. The Green Happiness will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    a) the visiting address of the location of The Green Happiness where the consumer can go with complaints;
    b) the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c) the information about guarantees and existing after-sales service;
    d) the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
    e) the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    f) if the consumer has a right of withdrawal, the model form for withdrawal.
  6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The Green Happiness may ask the consumer about the reason for the withdrawal, but not oblige this to state his reason (s).
  2. 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. The Green Happiness may, provided it has clearly informed the consumer prior to the ordering process, refuse an order for several products with different 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 part;
    c) for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product. d) for services and digital content that is not supplied on a tangible medium: the day following the conclusion of the agreement.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and the packaging with great care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for value reduction of the product if The Green Happiness has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

  1. If the consumer makes use of his right of withdrawal, he must report this to The Green Happiness within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it to (an agent of) The Green Happiness. This is not necessary if The Green Happiness has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by The Green Happiness.]
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product.
  6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of The Green Happiness in case of withdrawal

  1. If The Green Happiness makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt upon receipt of this notification.
  2. The Green Happiness reimburses all payments made by the consumer, including any delivery costs charged by The Green Happiness for the returned product, but immediately within 14 days following the day on which the consumer notifies him of the cancellation. Unless The Green Happiness offers to collect the product itself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  3. The Green Happiness uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

Article 10 – Exclusion of the right of withdrawal

The Green Happiness can exclude the following products and services from the right of withdrawal, but only if The Green Happiness has stated this clearly in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price depends on fluctuations in the financial market over which The Green Happiness has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by The Green Happiness to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services;
  3. Service contracts, after full performance of the service, but only if:
    a. the performance has begun with the express prior consent of the consumer; and
    b. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully executed the agreement.

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, The Green Happiness can offer products or services with variable prices that are subject to fluctuations in the financial market and over which The Green Happiness has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if The Green Happiness has stipulated this and:a. they are the result of statutory regulations or provisions; and
    b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the range of products or services include VAT.

Article 12 – Compliance with agreement and extra guarantee

  1. The Green Happiness guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and provisions existing on the date of the conclusion of the agreement. / or government regulations. If agreed, The Green Happiness also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by The Green Happiness, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against The Green Happiness on the basis of the agreement if The Green Happiness has failed to fulfill its part of the agreement.
  3. An extra guarantee is understood to mean any commitment from The Green Happiness, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

Article 13 – Delivery and implementation

  1. The Green Happiness will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to The Green Happiness.
  3. With due observance of what is stated about this in Article 4 of these general terms and conditions, The Green Happiness will execute accepted orders with due speed, though at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, The Green Happiness will immediately refund the amount that the consumer has paid.
  5. The risk of damage and / or loss of products rests with The Green Happiness until the moment of delivery to the consumer or a pre-designated representative announced to The Green Happiness, unless explicitly agreed otherwise.

Article 14 – Duration transactions

  1. Duration transactions include the annual and monthly subscriptions to My Green Happiness.
  2. The monthly membership of My Green Happiness starts with a free 30-day trial period. The free trial period is intended for new members to try My Green Happiness. The monthly membership fee will be debited at the end of the free trial, unless the membership is canceled before the end of the free trial.
  3. Monthly membership is continued every month until it is canceled. The consumer gives The Green Happiness permission to debit the membership fees monthly via the chosen payment method on the calendar day on which the paid membership commences. If a monthly payment is not handled successfully due to expiration of the due date, an insufficient balance of the payment method or any other reason, The Green Happiness may deny the consumer access until a valid payment is obtained. The consumer remains responsible for the amount that The Green Happiness was unable to collect.
  4. The monthly membership can be canceled up to 15 days before the monthly billing date. After the consumer has canceled, the consumer retains access to My Green Happiness until the end of the monthly billing period. If the membership is canceled, the account will be closed automatically at the end of the current billing period.
  5. The costs for annual membership are settled immediately. A cancellation period of no later than 14 days applies. If use is made of the cancellation and the consumer has received a physical gift with the annual subscription, this must be returned in accordance with the conditions of articles 7 and 8. After the 14 days it is no longer possible to cancel the annual subscription and a refund receive. If the Confident in your Body Guide is chosen and this gift is not satisfactory, it is not possible to exchange this gift for the Your 50 Days of Green Happiness book.

Article 15 – Payment

  1. So far as not stipulated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement.
  2. Klarna carries out the full payment process for The Green Happiness. This means that you will receive a payment overview from Klarna. With the Klarna App you can view and pay for this payment overview, safely and easily from your smartphone. In the online environment Klarna you can manage your payment statements from your computer or tablet. Klarna will keep you informed via push notifications & e-mail when a payment overview is ready for you. To approve your request to pay afterwards, Klarna performs a data check. Klarna has a strict privacy policy as described in his privacy statement. In the unlikely event that your request for payment with Klarna is not authorized, you can of course pay for your order with a different payment method. You can always contact Klarna for questions.
  3. When selling products with prepayment, the consumer cannot assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has been made.
  4. The consumer has the duty to report inaccuracies in provided or specified payment data to The Green Happiness without delay.
  5. If the consumer does not meet his payment obligation (s) in time, this is, after he has been informed by The Green Happiness of the late payment and The Green Happiness has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, the statutory interest is due on the amount still due and The Green Happiness is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. The Green Happiness can, for the benefit of the consumer, deviate from the stated amounts and percentages.

Article 16 – Complaints

  1. The Green Happiness has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be submitted to The Green Happiness fully and clearly described within a reasonable time after the consumer has found the defects.
  3. Complaints submitted to The Green Happiness will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, The Green Happiness will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give The Green Happiness at least 4 weeks to resolve the complaint in mutual consultation. After this period a dispute will arise that is subject to the dispute settlement procedure.

Article 17 – Disputes

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

 

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