Terms and Conditions

General Terms and Conditions Green Bubble

Table of Contents:

Article 1 Definitions
Article 2 Applicability
Article 3 Registration and Order
Article 4 The Agreement
Article 5 Right of withdrawal
Article 6 Exercise of the right of withdrawal by the consumer and costs thereof
Article 7 Compliance and Warranty
Article 8 Price and payment
Article 9 Delivery and execution
Article 10 Liability
Article 11 Force Majeure
Article 12 Complaints
Article 13 Intellectual property
Article 14 Site security and privacy
Article 15 - Other
Article 16 - Disputes, applicable law, competent judge
Article 17 - Identity Green Bubble

Annex I: Model withdrawal form

Article 1 - Definitions
In these Terms and Conditions, the following definitions apply:

Terms and Conditions: the Terms and Conditions of Green Bubble;
Cooling-Off Period: The period within which the Customer may exercise the Right of Withdrawal to which he is legally entitled;
Order(s): an order of one or more Main Products and/or Products registered via the Site in the name of the Client;
Day(s): calendar day;
Right of Withdrawal: the possibility for the Customer to waive the Agreement within the Cooling-Off Period;
Main Product: flowers and plants, which can be ordered by the Customer through the Site;
Client(s): the natural and/or legal person, who enters into an Agreement with Green Bubble via the Site;
Delivery: the delivery of a Consignment;
Model Form: the form that the Customer may use, among other things, to invoke the Right of Withdrawal;
Agreement: The agreement between Green Bubble and the Client which is concluded by ordering via the Site;
Product(s): products, other than the Main Product, that can be ordered by the Customer via the Site;
Site: www.green-bubble.com
Working Day(s): Monday through Friday, excluding public holidays as referred to in article 3 of the General Extension of Time Limits Act;
Dispatch: an Order in packaging provided by Green Bubble.

Article 2 - Applicability

These General Terms and Conditions apply to each offer by Green Bubble

 and to any Agreement made between Green Bubble and the Client via the Site.

These Terms and Conditions will be made available to the Client by electronic means and in such a way that the Client can easily save them on a long-term data carrier. If this is not reasonably possible, Green Bubble shall, prior to the Agreement being concluded, send the General Terms and Conditions free of charge to the Client as soon as possible, at the Client's request.

Article 3 - Registration and Order

The Client may, but is not obliged to, register on the Site in the Green Bubble Client Area. After registration, the Client shall be allocated an account that makes it easy for the Client to view his details, Orders and Deliveries at a later date. The Customer can also register to receive a newsletter. Green Bubble
If the Customer registers and is allocated an account, the Customer is responsible for the use made of its username and password. Customer is responsible for the accuracy of the data in its account and is not authorised to allow others to use them.
Placing an Order is done according to the procedure set out below:

step 1: click on 'Add to Shopping Bag' at the desired Main Product/Product;

step 2: then click on 'Continue shopping' if you want to order more Main Products/Products. When you want to finalise the order, click on 'Finalise order';

step 3: You will then be requested to fill in your billing address, to choose your shipping method and to indicate your desired payment method, and finally to check the details of your order and to click on 'Purchase' if they are correct.

Step 4: After completion of the payment, the Order will be final.

Step 5: Within a few minutes you will receive an order confirmation by e-mail. If this is not the case, please contact the customer service.

If different or additional conditions apply to the ordering, delivery and/or return of specific Main Products and/or Products offered through the Site, this will be explicitly stated.
If a Main Product/Product ordered by the Client turns out not to be in stock, Green Bubble is entitled to cancel the Order or to dissolve the Agreement, without being liable for any compensation. In such cases, Green Bubble shall inform the Client as soon as possible after the Order is made.

The Client is entitled to cancel the Order before 3 pm on the day the Order was placed.

Article 4 - The Agreement

The Agreement is concluded as soon as the Order has been completed in accordance with the procedure set out in article 3 paragraph 3. Green Bubble immediately confirms the conclusion of the Agreement to the Client by means of an order confirmation (e-mail).
Green Bubble reserves the right to refuse an Order for reasons of its own, or to impose further conditions. This may include the inability of the Client to meet its payment obligations or other circumstances that may influence the responsible conclusion of an Agreement via the Site.

Article 5 - Right of withdrawal

For Main Products:

The Customer cannot rescind an Agreement relating to the purchase of a Main Product, as Main Products are perishable.

With respect to Products

The Customer has the right to terminate the Agreement within 14 days after receipt of the Product without giving reasons. This can be done by means of an electronic communication to this effect to Green Bubble.
The cooling-off period referred to in paragraph 2 commences on the day after the Client, or a third party designated by the Client in advance, which is not the carrier, has received the Product.
During the time period referred to in the previous paragraph, the Customer undertakes to handle the Product and the packaging with care, failing which Green Bubble may claim any reduction in value from the Customer. If a Customer wishes to make use of his/her Right of Revocation, he/she shall return the Product with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with any additional reasonable and clear instructions given by Green Bubble. Any diminished value of the Product due to the Customer's actions shall be at the expense of the Customer.
If the Customer exercises his/her right of withdrawal, the costs of returning the Product shall be borne by the Customer.
If the Customer makes use of his right of withdrawal, the amount of the order will be refunded within 14 days after notification of the return, provided that the Product has already been received in good order. 
In addition to the Main Products, the exclusion of the Right of Withdrawal will also apply to Products where this is explicitly stated at the time of the offer, or at least before the conclusion of the Agreement.
must return the items within 14 days after notification of the return

Article 6 - Exercise of the right of withdrawal

The Customer may exercise his right of withdrawal by notifying us of this within the withdrawal period via [email protected], whether or not by using the Model Form. 
After exercising the Right of Withdrawal, the Customer shall return the Product as soon as possible, but no later than within 14 Days after the notification.
The risk and the burden of proof of the correct and timely exercise of the Right of Withdrawal shall lie with the Customer.

Article 7 - Compliance and Warranty

Green Bubble guarantees the conformity of the Main Product/Product, in accordance with the product description as stated on the Site. If a specific guarantee scheme applies to the Main Product/Product, this will be expressly stated on the Site.
The Customer may only invoke the guarantee if the Customer uses the Main Product/Product in a careful manner and in accordance with the manner indicated on the Site. 

Article 8 - The price and payment

Green Bubble is entitled to change the prices of the Main Products and/or Products offered.
The prices as stated on the Site are in euros and include VAT.
The Client shall pay the amount which he owes Green Bubble in relation to an Order by one of the payment methods admitted by Green Bubble (or agreed upon), within the time period stated (or further agreed upon) by Green Bubble. 
In the event of payment by credit card, the delivery will only take place after the order amount has been cleared. This may take some time.
If the Client fails to fulfil his payment obligation(s) on time, the Client shall owe the statutory interest on the outstanding amount after Green Bubble has sent him a reminder and has allowed him a term of 14 days to still fulfil his payment obligations, and Green Bubble is entitled to charge extrajudicial collection costs. 
Only after full payment by the Customer of the amount owed for an Order shall the ownership of the Master Product/Product pass from Green Bubble to the Customer. Damage and/or loss of the Main Product/Product, while it is still subject to a retention of title, is entirely at the expense and risk of the Client.

Article 9 - Delivery and execution

Green Bubble shall observe the greatest possible care in the receipt and execution of Orders.
Green Bubble shall deliver the Mailing(s) to the Client at the address communicated by the Client to Green Bubble, in the manner to be determined by Green Bubble.
If delivery at the agreed address proves to be impossible, Green Bubble shall process the Mail item in accordance with the procedure applicable to the Mail item and shall inform the Client to that effect if possible.
Green Bubble shall make every effort to execute the accepted Orders with all possible speed.  If the delivery is delayed, or if an Order cannot be executed or can be executed only partially, the Client shall be informed of this as soon as possible after he has placed the Order. In that case, the Client shall be entitled to dissolve the Agreement free of charge. 
In the event of dissolution in accordance with the previous paragraph, Green Bubble shall repay the amount paid by the Customer as soon as possible, but no later than within 30 days after dissolution.
Green Bubble is subject to an obligation to make an effort to meet the agreed delivery date. Such a term is not a deadline, however, and exceeding it does not entitle the Client to claim any damages.
The risk of damage and/or loss of the Principal Products/Products remains with Green Bubble up to the moment of delivery to the Customer, unless expressly agreed otherwise.
The Customer is obliged to accept the Mailing upon arrival at the address indicated by the Customer.

Article 10 - Liability

If the Customer is of the opinion that Green Bubble has not properly fulfilled the Delivery of a Main Product/Product, the Customer must notify Green Bubble thereof by e-mail, accompanied by evidence, within 7 Days of discovering or reasonably being able to discover the defect in question, failing which the Customer may no longer invoke the defect. With the exception of special circumstances to be proven by the Customer, the Customer is in any case deemed to be able to reasonably discover a defect from the moment he/she received the Principal Product/Product delivered by Green Bubble.
If Green Bubble has not complied with its Delivery obligations, as referred to in these General Terms and Conditions, the Client has acted in accordance with article 10.1 of these General Terms and Conditions and the defect has not been remedied within a reasonable time, Green Bubble is liable in respect of its failure for direct damage, provided that it can be attributed to it. Any liability for indirect and/or consequential damage, including loss incurred, loss of profits, lost savings, reputational damage and lost goodwill is excluded.
The extent of all liability of Green Bubble is always limited to the invoice value of the delivered Principal Product/Product, through which or in connection with which the liability has arisen.
The limitation to the extent of the liability described in article 3 does not apply in case of intent or deliberate recklessness on the part of managers (and managerial subordinates) of Green Bubble.

Article 11 - Force Majeure

Green Bubble is not obliged to fulfil any obligation under the Agreement if it is prevented from doing so as a result of a non-attributable failure. There is a non-attributable failure inter alia if Green Bubble is unable to fulfil its obligations towards the Client as a result of an attributable failure on the part of third parties whose assistance Green Bubble uses in the execution of the Agreement and of strikes.

Article 12 - Complaints

In the event of questions and/or complaints in respect of (a) Product(s) of Green Bubble, the Client should at all times contact the Green Bubble Customer Service Desk via https://www.green-bubble.com/nl/service/.

If a solution cannot be found together, the ODR platform of the European Commission may be contacted via http://ec.europa.eu/odr. Complaints may also be submitted to Webwinkelkeur as a dispute.

Article 13 - Intellectual property

Unless expressly agreed otherwise, the intellectual property rights (including copyrights) of all Main Products/Products made available to a Client under an Agreement remain with Green Bubble and are not transferred to the Client.

Article 14 - Security Site and privacy

Green Bubble undertakes to take the necessary technical and organisational measures to secure the electronic transfer of data and a secure web environment.
Green Bubble attaches a great deal of value to the protection of the personal details of its clients and has drawn up a Privacy Statement for www.green-bubble.com.

Article 15 - Other

No rights can be derived from the information on this Site.
Typing errors and price changes reserved.
Green Bubble is entitled to change these conditions from time to time. The amended Terms and Conditions shall apply as soon as they are published on the Site. If a Client subsequently places an Order for a Main Product/Product, as offered on the Site, it thereby accepts the applicability of the amended Terms and Conditions. It is therefore advisable to consult these terms and conditions before placing an Order for a Main Product/Product.
If any provision of these Terms and Conditions is null and void or is annulled, the other provisions of these Terms and Conditions shall remain in full force and Green Bubble shall include (a) new provision(s) to replace the void or annulled provision(s), taking into account as much as possible the purpose and the meaning of the void or annulled provision(s).
Green Bubble is entitled to engage third parties for the execution of the Agreement.

Article 16 - Disputes, applicable law, competent court

In the event of a dispute, the data recorded by Green Bubble is decisive, subject to proof to the contrary. 
Dutch law applies to all Agreements. 
Any disputes that cannot be resolved in consultation shall be submitted to the competent court in The Hague by the most interested party.

Article 17 - Identity Green Bubble

www.green-bubble.com is a web shop of:

Green Bubble B.V. - Green Bubble

Bruidsbogerd 3
2671 DK Naaldwijk

E-mail address: [email protected]
Chamber of Commerce number: 77886550
Btw-identificatienummer: NL861185432B01

Annex I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To:             
[ name entrepreneur]
[ geographical address of the trader]
[ fax number of trader, if available]
[ email address or electronic address of trader]
I/We* hereby give notice that I/We* have decided to terminate our contract concerning

the sale of the following products: [product designation]*
the supply of the following digital content: [digital content designation]*
the provision of the following service: [service designation]*,
revoke/revoke*

Ordered on*/received on* [date of order for services or date of receipt for products].
Name of consumer(s)]
-Address of consumer(s)
-Signature of consumer(s)] (only if this form is notified on paper)

* Delete where not applicable or fill in where applicable.