1. Definitions

2. Scope/Applicability/Terms and 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 something from us, you participate in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and conditions policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including but not limited to users who are browsers, sellers, 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, then 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 features or tools added to the current store are also subject to the 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, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Access to the website

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

The content of the website

All brands, images, texts, comments, illustrations, (animated) images, video images, sounds, as well as all technical applications used to make the website function and more generally all parts used on this site are protected by the law by intellectual property rights. Any reproduction, repetition, use or modification, in any way whatsoever, of all or part of it, including technical applications, without the prior written consent of the controller is strictly prohibited. If the administrator does not immediately take action against any infringement, this cannot be construed as tacit consent or waiver of legal proceedings.

Management of the website

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

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

• Remove all information that may disrupt the functioning of the website or that violates national or international legislation or that violates internet etiquette.

• Have the website temporarily unavailable in order to perform updates.

Responsibilities

The administrator is in no way responsible for failures, malfunctions, 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 must take all appropriate measures yourself to protect your equipment and your 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 legal proceedings against you:

• Due to the use of the website or services accessibility via the internet.

• For violating the terms of this privacy policy.

The administrator is not responsible for any damage that you incur yourself, 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 of this.

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

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

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

Online Store Terms 

1. By agreeing to these terms and conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow your minor dependents to use this site.

2. You must not use our products for any illegal or unauthorized purpose, and you must not use the service to violate any laws in your jurisdiction (including but not limited to copyright laws).

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

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

Terms and Conditions

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

2. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

3. You agree that you will not reproduce, duplicate, copy, sell, resell or exploit any part of the service, 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 will not limit or otherwise affect these terms.

Correctness, completeness and topicality 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 provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

2. This site may contain certain historical information. Historical information is necessarily not current 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 monitor changes to our site.

3.  Description of services/products

Products or services

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

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

3. We reserve the right, but are not obligated, 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 the products or services we offer. All 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 any product or service made on this site is void where prohibited.

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

4. Agreement

Optional tools

We may give you access to third party tools over which we do not monitor, control or have any 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 are not liable in any way for or in connection with your use of optional third party tools.

2. Any use by you of optional tools provided through the site is entirely at your own risk and discretion and you should ensure that you are aware of the terms and conditions on which the tools are provided by the relevant third party(ies) and that you approve it.

3. We may also offer new services and/or features through the website in the future (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 may 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 in the Service or on any related website changes at any time without notice (including after you submitted your order) is inaccurate.

2. We make no commitment to update, change or clarify information in the Service or on any related website, 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 should be taken to indicate that all information in the Service or on any related website has been modified or updated.

samples/models

If the customer has received a sample or model of a product, he cannot 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 correspond to the sample or model. .

Consequences of not paying on time

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

2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Green Harvey.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

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

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Green Harvey against the customer are immediately due and payable.

6. If the customer refuses to cooperate with the implementation of the agreement by Green Harvey, he is still obliged to pay the agreed price to Green Harvey.

Return

1. A consumer can dissolve an online purchase during a reflection period of 30 days without giving any reason on the conditions that:

• The product has not been used

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

• It is not a product specially tailored or adapted 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 trip, transport ticket, catering assignment or form of leisure activity

• The product is not a loose magazine or newspaper

• It is not an (order for) urgent repair

• The consumer has not waived his right of withdrawal

2. The reflection period of 30 days as referred to in paragraph 1 starts:

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

• As soon as the consumer has received the first product with a subscription

• As soon as the consumer has purchased a service for the first time

• As soon as the consumer has confirmed that he will purchase digital content via the internet

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

4. 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.

5. If the purchase costs including the other costs, such as shipping costs, administration costs, etc. (with the exception of any additional costs resulting from the choice of the customer for a different delivery method than the cheapest standard delivery offered by us) qualify for reimbursement according to the law Green Harvey will refund these costs to the consumer within 30 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Green Harvey in time. For this refund, we use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will this refund be charged to the customer.

6. 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 the refund until we have received the goods back or until the customer has provided proof that the customer has returned the goods, whichever comes first. The customer must return or hand over the goods to us without delay and in any case within fourteen days from the date on which the customer informs us of the cancellation of this contract. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

The customer is only liable for loss of value of the goods if this loss of value is the result of handling of the goods that is not necessary for testing the nature, properties and functioning of the goods.

7. Green Harvey is not liable for lost packages when the customer returns them.

Late or missing refunds

If you haven't received a refund yet:

1. Check your bank account first

2. Then contact your credit card company , it may take some time for your refund to be officially posted.

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

4. If you've done all of this and you still haven't received your refund, please contact us at hello@greenharvey.com .

Prohibited Applications

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to violate or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, slander, defame, belittle, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) providing false or misleading information; (g) to upload or transmit viruses or other types of malicious code that will or may interfere in any way with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track personal information of others; (i) to use spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to circumvent or 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 early termination of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that 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 personal needs of the consumer.

In addition, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene

Sign up on the Green Harvey website

1. Green Harvey gives the customer the option to register at www.greenharvey.com by clicking the 'register' button to register and open a customer account. Registration is purely voluntary to simplify future orders. Registration is not required to place an order.

2. The customer is obliged to treat his personal access data confidentially and not to make it available to unauthorized third parties.

3. Registration with Green Harvey is free. There is no right to registration. Green Harvey can also link the registration to further requirements (for example checking 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 to avoid costs if the customer wants to place a new order. In particular, the customer must provide his full name, address and e-mail address. Green Harvey has the right to effectively send all statements to be made to the customers to the customer's email address, unless a stricter form is required by law or agreement.

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

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 phone number you provided when you signed up, and that the messages may sent via 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 get HELP for customer support. You may receive an additional SMS confirming your decision to unsubscribe. You understand and agree that attempting to opt out by any means other than texting the opt-out commands above is not a reasonable means of opting out.

Delivery

1. Delivery takes place while stocks last.

2. Delivery takes place at Green Harvey, unless the 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 has the right to suspend its obligations until the agreed part has been paid.

5. In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Green Harvey.

6. From € 50, - the customer receives free shipping on the order within the Netherlands for loose sales. The delivery costs in other countries within Europe are for the account of the buyer. View the shipping costs of 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. You take out a subscription with Green Harvey for a period of at least 3 months (minimum 1 bag per month). Via your account you can edit the desired protein bag every month, skip a month or add a product. For orders above €50, you receive free shipping in the Netherlands, Belgium, Luxembourg and Germany.

   Your membership is 100% customizable and you're guaranteed our lowest rate - 15% off 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 length and frequency you select.
Your payment details are securely stored and you will be charged for each of these deliveries unless you choose to pay in advance. You take out a subscription for a minimum of 3 months.

Some subscriptions may automatically renew at the end of their term. If you don't want to renew a subscription, you can cancel it.

When you sign up for the Green Harvey membership, we offer a 30-day satisfaction guarantee on your first subscription order. Our goal is to make you feel your best inside and out, so if you are not satisfied during 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 returns information.

The 30-day guarantee is only valid 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 do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

2. The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) of this from Green Harvey.

3. Exceeding the specified 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 being warned to do so in writing or the parties have agreed otherwise.

Actual delivery

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

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

2. If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Green Harvey prior to transport, failing which Green Harvey cannot be held liable for any damage.

3. The risk of damage and/or loss of the product rests with Green Harvey until the moment 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 receive a notification as soon as the package has been shipped.

custody

1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.

2. Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Guarantee

1. A legal guarantee applies to Green Harvey products: the right to a good product, of 6 months. The customer must be able to prove that the delivery of 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 after the customer discovered that the product is not good.

2. The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.

3. The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.

4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.

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

exchange

1. Exchange is only possible if the following conditions are met:

• Exchange takes 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 yet been used

2. Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.

3. If the customer wishes to exchange a product, the customer must send a message to hello@greenharvey.com . Please include/include the following in your email:

• The invoice

• Reason for exchange

• For which product the customer would like to exchange

4. All possible additional costs for exchanging the products, such as shipping costs, are for the account of the customer.

disclaimer

The customer indemnifies Green Harvey against all third-party claims related to the products and/or services supplied by Green Harvey.

Complaints

1. The customer must examine a product or service provided by Green Harvey as soon as possible and investigate any shortcomings.

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

3. Consumers must inform Green Harvey of this within 2 months after the discovery of the shortcomings.

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

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

6. If a complaint relates to ongoing work, this can in any case not lead to Green Harvey being forced to perform other work than has been agreed.

Notice of default

1. The customer must notify Green Harvey of any notice of default in writing.

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

5. Prices/Payment

Prices

1. All prices charged by Green Harvey are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

2. All prices that Green Harvey uses for its products or services, its website or that are otherwise made known, Green Harvey can change at any time.

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

4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

5. Green Harvey encrypts all customer information using the SSL (Secure Socket Layer) protocol. This means that unauthorized persons are not allowed to see the customer's data.

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

Secure payment 

1. Green Harvey encrypts all customer information using the SSL (Secure Socket Layer) protocol. This means that unauthorized persons are not allowed to see the customer's data. 

6. Liability

Joint and several liability customer

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

Liability Green Harvey

1. Green Harvey is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.

2. If Green Harvey is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.

3. Green Harvey is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.

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

5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to 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 rests with Green Harvey until the moment 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 also apply in favor of the seller's legal representatives and vicarious agents.

8. The above limitations of liability do not apply if the seller has fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the product liability law.

Disclaimer of Warranties; limitation of liability

1. We do not warrant, represent or warrant 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 from the use of the service are accurate or reliable.

3. You agree that we may from time to time indefinitely remove the Service 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 (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind. of any kind, express or implied, including all 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 issue, illness, physical trouble, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, in tort (including negligence), strict liability or otherwise, arising out of your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in the content, or any loss or damage of any kind resulting from the use of 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. In no event shall Green Harvey be liable for any recommendations, health claims, statements, or any other advice or information provided on the website or 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 Green Harvey and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, brought by is brought to a 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.

Certainty

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

Expiry period

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

Right to dissolution

1. The customer has the right to dissolve the agreement if Green Harvey imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

2. If the fulfillment 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 has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if Green Harvey has become aware of circumstances that give it good grounds to fear that the customer will not fulfill its obligations. will not be able to perform 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 us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

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

Force majeur

1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure by Green Harvey to fulfill 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 fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Green Harvey.

2. The force majeure situation referred to in paragraph 1 also includes - but is not 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, bad weather conditions and work interruptions.

3. If a force majeure situation arises as a result of which Green Harvey cannot fulfill 1 or more obligations to the customer, then. Liabilities suspended until Green Harvey can meet them again.

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

5. Green Harvey does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

7. Intellectual property

Retention of title

1. Green Harvey retains ownership of all delivered products until the customer has fully complied with all its payment obligations to Green Harvey under any agreement entered into with Green Harvey, including claims for non-performance.

2. Until then, Green Harvey can invoke its retention of title and take back the goods.

3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.

4. If Green Harvey invokes its retention of title, the agreement will be deemed to have been dissolved and Green Harvey will be entitled to claim compensation, lost profit and interest.

8. Applicable Law/Rights

Right of suspension

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

right of retention

1. Green Harvey can invoke its right of retention and in that case retain products from the customer until the customer has paid all outstanding invoices to Green Harvey, unless the customer has provided sufficient security for those costs.

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

3. Green Harvey is never liable for any damage that the customer may suffer as a result of using his right of retention.

Right of advertising

1. As soon as the customer is in default, Green Harvey is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

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

3. As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Green Harvey, unless the parties make other arrangements about this.

4. The costs of returning or returning the products are the responsibility of the customer.

Settlement

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

Change of general terms and conditions

1. Green Harvey is entitled to change or supplement these general terms and conditions.

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

3. Major substantive changes will be discussed by Green Harvey with the customer in advance as much as possible.

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

Transfer of rights

1. Customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Green Harvey.

2. This provision applies as a clause with effect under property law as referred to in Section 2:83(2) of the Dutch Civil Code.

Consequences nullity or voidability

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

2. In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Green Harvey had in mind when drafting the terms and conditions on that point.

Complete agreement

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

Applicable law a competent court

1. Dutch law applies exclusively to every agreement between the parties.

2. The Dutch court in the district where Green Harvey is established/has a practice/office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

9. Contact

Email: hello@greenharvey.com

Last update: August 3, 2021