GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY WEBSHOP (B2C)

of the private company with limited liability We Love The Planet B.V., located at Gooiland 35, 1948 RC Beverwijk, registered with the Dutch Chamber of Commerce under number: 58740457.

Introduction

Below you will find our General Terms and Conditions of Sale and Delivery. These apply whenever you use or place an order through our Website and contain important information for you as a consumer. Therefore, please read these General Terms and Conditions carefully. We also recommend saving or printing these Terms and Conditions so you can review them again at a later time.

Article 1. Definitions

1.1 In these General Terms and Conditions of Sale and Delivery, the following terms shall have the meanings stated below:

a) ‘Customer’: the natural person who is not acting in the exercise of a profession or business and who enters into an Agreement with the Supplier and/or has registered on the Website.

b) ‘Supplier’: We Love The Planet B.V.

c) ‘Agreement’: any arrangement or agreement between the Customer and the Supplier, of which these General Terms and Conditions of Sale and Delivery are an integral part.

d) ‘Website’: the website of the Supplier, accessible via www.lovetheplanet.nl and all associated subdomains.

e) ‘General Terms and Conditions of Sale and Delivery’: these general terms and conditions.

Article 2. Applicability

2.1 These General Terms and Conditions of Sale and Delivery apply to all offers, Agreements, and deliveries of the Supplier, unless explicitly agreed otherwise in writing.

2.2 If the Customer includes provisions or conditions in their order, confirmation, or acceptance that deviate from or are not included in these General Terms and Conditions, these shall only be binding on the Supplier if and to the extent that they have been expressly accepted by the Supplier in writing.

2.3 The invalidity or annulment of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.

Article 3. Offer and Formation of Agreement

3.1 The Agreement is concluded at the moment the Customer accepts the Supplier’s offer and meets the conditions set by the Supplier.

3.2 If the Customer has accepted the offer electronically, the Supplier shall confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed, the Customer may dissolve the Agreement.

3.3 If it becomes apparent that incorrect data were provided by the Customer upon acceptance or otherwise entering into the Agreement, the Supplier is entitled to postpone its obligations until the correct data are provided.

3.4 Within legal boundaries, the Supplier may assess whether the Customer can fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering into the Agreement. If the Supplier has valid grounds not to enter into the Agreement based on this investigation, it is entitled to reject the order or request advance payment.

Article 4. Prices

4.1 All prices are in Euros (€) and exclude VAT and any other government-imposed levies. All payments must be made in Euros.

4.2 Shipping costs amount to € [AMOUNT]. These costs are also listed on the Website and will be displayed during the ordering process.

4.3 The content of the Website has been compiled with the utmost care. However, the Supplier cannot guarantee that all information is always accurate and complete. All prices and other information on the Website and in other materials from the Supplier are therefore subject to apparent programming and typographical errors.

4.4 The Supplier is not responsible for any color deviations due to screen quality.

Article 5. Registration

5.1 To make optimal use of the Website, the Customer may register via the registration form/account sign-up option on the Website.

5.2 During the registration process, the Customer chooses a username and password, which allows access to the Website after registration. The Customer is responsible for selecting a secure password.

5.3 The Customer must keep their login details strictly confidential. The Supplier is not liable for misuse of login credentials and may assume that the person who logs in is the Customer. All activity via the Customer’s account is the Customer’s responsibility.

5.4 If the Customer knows or suspects that their login credentials are in unauthorized hands, they must change their password as soon as possible and notify the Supplier.

Article 6. Execution of the Agreement

6.1 Once the Supplier has received the order, it will ship the products as soon as possible, taking into account the provisions of Article 6.3.

6.2 The Supplier may engage third parties in executing the Agreement.

6.3 The Website will clearly state how delivery will take place and within what timeframe the products will be delivered. If no delivery period is agreed upon, products will be delivered within 30 days at the latest.

6.4 If the Supplier cannot deliver the products within the agreed period, it will inform the Customer. The Customer can agree to a new delivery date or dissolve the Agreement free of charge.

6.5 The Supplier advises the Customer to inspect the delivered products and report any defects within a reasonable time, preferably in writing. See the article regarding warranty and conformity.

6.6 The risk concerning the products transfers to the Customer upon delivery to the specified delivery address. If the Customer chooses to pick up the products, the risk transfers upon transfer of the products.

Article 7. Right of Withdrawal

7.1 This article only applies to Customers who are natural persons and not acting in a professional or business capacity.

7.2 The Customer has the right to withdraw from the Agreement within 14 days of receipt of the product without giving any reason and free of charge.

7.3 The withdrawal period starts on the day after the Customer, or a third party designated by the Customer (who is not the carrier), receives the product, or:

a) if the Customer ordered multiple products in one order: the day on which the Customer or their designee receives the last product; b) if the delivery consists of several shipments or parts: the day on which the Customer receives the last shipment or part; c) in Agreements for regular delivery of products during a specific period: the day on which the Customer receives the first product.

7.4 Return shipping costs are at the Customer’s expense. If these costs exceed the standard postal rate, the Supplier will provide an estimate. Original shipping costs are not reimbursed.

7.5 During the withdrawal period, the Customer shall handle the product and packaging with care and only unpack or use it to the extent necessary to assess its nature, characteristics, and functioning, as would be allowed in a physical store.

7.6 The Customer is liable for any reduction in value resulting from handling beyond what is permitted in Article 7.5.

7.7 The Customer may withdraw from the Agreement by submitting the model withdrawal form (digitally) or by making an unequivocal statement to the Supplier. The Supplier will confirm receipt in the case of a digital notification. The Customer has 14 days after the withdrawal notice to return the product. Alternatively, the Customer may return the product directly within the withdrawal period, provided a withdrawal statement is included.

Products may be returned to:

We Love The Planet B.V.
Gooiland 35
1948 RC Beverwijk
The Netherlands

7.8 Any advance payments made by the Customer shall be refunded as soon as possible, but no later than 14 days after dissolution of the Agreement, using the same payment method. If the Customer opted for a more expensive delivery method than the standard one, the additional cost is non-refundable. Unless the Supplier offers to collect the product, they may wait with the refund until the product is received or proof of return is provided.

7.9 The Website clearly informs the Customer, prior to concluding the Agreement, whether the right of withdrawal applies and how it can be exercised.

Article 8. Payment

8.1 Customer must make payments to Supplier in accordance with the payment methods indicated in the ordering procedure and possibly on the Website. Supplier is free to offer payment methods and may change these from time to time. In case of payment after delivery, Customer shall observe a payment term of 14 days starting on the day after delivery.

8.2 If the Customer does not meet their payment obligation(s) on time, they will, after being notified by the Supplier of the late payment and the Supplier granting the Customer a period of 14 days to still fulfill the payment obligations, upon failure to pay within this 14-day period, owe the statutory interest on the outstanding amount, and Supplier 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 next €2,500; and 5% on the following €5,000, with a minimum of €40. x may deviate from these amounts and percentages in favor of the Customer.

 
 
Article 9. Warranty and Conformity

9.1 This article only applies if there is a Customer who is not acting in the exercise of their profession or business. If the Supplier offers a separate warranty on the products, this applies, notwithstanding the above, to all types of Customers.

9.2 Supplier ensures that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Supplier also guarantees that the product is suitable for other than normal use.

9.3 A warranty provided by Supplier, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.

9.4 If the delivered product does not conform to the Agreement, the Customer must inform the Supplier within a reasonable period after discovering the defect.

9.5 If Supplier considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is, taking into account the article on liability, equal to the price paid by the Customer for the product.

 
Article 10. Complaints Procedure

10.1 If the Customer has a complaint about a product (in accordance with the article on warranty and conformity) and/or about other aspects of the Supplier’s service, they can submit a complaint to Supplier by phone, email or post. See the contact details at the bottom of these General Terms and Conditions.

10.2 Supplier will respond to the Customer’s complaint as soon as possible, but in any case within 7 days of receipt of the complaint. If it is not yet possible to provide a substantive or final response, Supplier will confirm receipt of the complaint within 7 days and indicate the timeframe within which it expects to provide a substantive or final response.

10.3 Customer who is not acting in the exercise of their profession or business may also submit a complaint via the European online dispute resolution platform, accessible at http://ec.europa.eu/odr/.

 
Article 11. Personal Data

11.1 Supplier processes the Customer's personal data in accordance with its privacy statement. This can be found here: www.welovetheplanet.nl/privacystatement[MV1].

 
Article 12. Force Majeure[MV2][MV3]

12.1 In the context of these General Terms and Conditions of Sale and Delivery, force majeure is understood to mean: circumstances that prevent the fulfillment of the obligation and that are not attributable to the Party invoking force majeure.

This includes:

a) State of emergency: (civil) war, insurrection, riots, natural disasters, etc.;
b) Epidemics and pandemics;
c) Government measures (resulting in, for example, transport problems, travel bans, etc.);
d) Strikes, sit-ins, unavailability of one or more staff members;
e) Unforeseen delivery and transport problems;
f) Unforeseen technical, electrical, internet, computer and telecommunication failures;
g) Force majeure on the part of suppliers of Supplier and other third parties;
h) Failure to properly fulfill obligations by suppliers prescribed to Supplier by the Customer;
i) Defects in hardware, software and materials from third parties prescribed to Supplier by the Customer;
j) Malfunctions in and on the production line;
k) Bad weather conditions.

12.2 Parties are not obliged to fulfill obligations if they are in a situation of force majeure.

12.3 If Supplier has already partially fulfilled its obligations at the onset of force majeure or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately and the Customer is obliged to pay this invoice as if it were a separate Agreement. This does not apply if the delivered or deliverable part has no independent value.

12.4 Parties shall consult with each other as soon as possible to discuss, limit and/or prevent the causes and consequences of the force majeure situation.

12.5 If the force majeure situation lasts longer than three months, both parties are entitled to dissolve the Agreement, without any obligation to pay damages.

12.6 Once the force majeure situation has ended, all obligations must be resumed.

 
Article 13. Intellectual and Industrial Property Rights

13.1 Supplier reserves all rights regarding intellectual and industrial property that it uses or has used, or that have arisen in the context of executing the Customer's assignment, to the extent that these arise from the law.

13.2 It is therefore – and expressly – not permitted for the Customer to patent these intellectual and industrial property rights.

13.3 The Customer is expressly prohibited from reproducing, publishing, or exploiting those products, including patentable designs, (interim) results, methods, advice, and other intellectual works of the Supplier, all in the broadest sense of the word, whether or not with the involvement of third parties.

13.4 The Customer and/or a third party is not permitted to reproduce, modify or erase serial numbers from the products supplied by Supplier. This also applies to the extent that these products are not protected by any specific right of industrial property such as a patent, design or model right.

13.5 Supplier is entitled to recover from the Customer any damages resulting from the infringement of its intellectual and industrial property rights.

 
Article 14. Applicable Law and Dispute Resolution

14.1 The Agreements between Customer and Supplier are governed by Dutch law.

14.2 Any disputes relating to the Agreement or these General Terms and Conditions of Sale and Delivery will be settled by the court of Noord-Holland, the Netherlands.

 
Article 15. Translations                                   

15.1 In the event of discrepancies between translations of these General Terms and Conditions of Sale and Delivery and the Dutch text of the terms, the Dutch text shall prevail.

 
Article 16. Final Provisions

16.1 If any provision in these General Terms and Conditions of Sale and Delivery is found to be void, this shall not affect the validity of the entire General Terms and Conditions of Sale and Delivery. In that case, the Parties will replace the void provision with one or more new provisions that reflect the intent of the original provision as closely as legally possible.

16.2 In these General Terms and Conditions of Sale and Delivery, "in writing" also includes communication by email and fax, provided the sender's identity and the integrity of the email are sufficiently established.

 
Contact Details

If, after reading these General Terms and Conditions of Sale and Delivery, you have any questions, complaints or comments, please feel free to contact us in writing or by email.

We Love The Planet B.V.
Gooiland 35
1948 RC Beverwijk
The Netherlands

Phone: +31(0)251 – 745 292
Email: info@welovetheplanet.nl
Chamber of Commerce number: 58740457
VAT number: [xxx]