General Order Terms and Conditions

Version 15-8-2023

Below you will find our General Order Terms and Conditions. They always apply when you use our website or place an order through the ordering process on the website. The General Order Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms and conditions for future reference.

Article 1. Definitions

In these General Order Terms and Conditions, the following definitions shall apply:

  • The Green Table: the private company with limited liability The Green Table BV, established in (6531 JP) Nijmegen at the address Moeflonstraat 18 and registered with the Chamber of Commerce under registration number 52872149.
  • Customer: the customer who, whether or not acting in the course of a profession or business, enters into an Agreement with The Green Table and/or has registered on the Website.
  • Consumer: the Customer who is not acting in the exercise of a profession or business.
  • Parties: The Green Table and the Customer jointly.
  • Agreement: any arrangement or agreement between The Green Table and the Customer, of which the General Order Terms and Conditions form an integral part.
  • Product/Products: all items delivered to Customer under the Agreement by The Green Table , such as meals, six-packs and 12-packs.
  • Website: the website of The Green Table, accessed at www.thegreentable.eu and all associated subdomains.
  • General Order Terms and Conditions: the present General Order Terms and Conditions published on the Website

Article 2. Applicability of General Order Terms and Conditions

  • All offers, Agreements and deliveries from The Green Table are subject to the General Order Terms and Conditions unless expressly agreed otherwise in writing.
  • The applicability of any terms and conditions of the Customer is expressly excluded.
  • In case specific product or promotional terms apply in addition to these General Order Terms, those terms also apply.
  • If any provision in the Agreement or General Order Terms is found to be invalid, this shall not affect the validity of the entire Agreement or General Order Terms. In that case, the parties will adopt a new provision to replace it, which as far as is legally possible gives shape to the intention of the original provision.
  • The Green Table may not always require strict compliance with the General Terms of Order. This does not mean that the provisions do not apply or that The Green Table loses the right to require strict compliance with the General Terms of Order in other cases.

Article 3. Prices and information

  • An offer on the Website expires if a Product to which the offer relates is no longer available in the meantime.
  • All prices stated on the Website and in other materials originating from The Green Table include VAT and other government levies, unless otherwise stated on the Website.
  • If there is a cross-border delivery of a Product, The Green Table will charge or not charge VAT and other government levies in accordance with applicable (international) laws and regulations.
  • Shipping costs will be borne by the Customer, unless otherwise indicated on the Website. The amount of the cost will be displayed in the ordering process.
  • The content of the Website has been compiled with the greatest care. The Green Table cannot guarantee, however, that all information on the Website is at all times correct and complete. All prices and other information on the Website and in other materials originating from The Green Table are therefore subject to apparent programming and typing errors.
  • The Green Table cannot be held responsible for (color) deviations due to screen quality

Article 4. Formation of Agreement.

  • The Agreement comes into effect at the moment of acceptance by the Customer of the offer of The Green Table on the Website and the fulfillment of the conditions thereby set by The Green Table .
  • Once the Agreement is established, the Customer will receive an electronic confirmation thereof.
  • If it appears that incorrect data has been provided by the Customer, The Green Table is entitled to fulfill its obligation only after the correct data has been received.
  • The Green Table can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If The Green Table has good grounds on the basis of this investigation not to enter into the Agreement, it is entitled to refuse an order or application or to attach special conditions, such as prepayment, to the implementation. Prepayment is the norm for orders in the webshop.

Article 5. Registration

  • To make optimal use of the Website, the Customer can register via the registration form on the Website.
  • During the registration process, the Customer chooses a password with which he can log into the Website after registration together with his e-mail address.
  • The Customer himself is responsible for choosing a sufficiently reliable password.
    The Customer must keep his login details, his e-mail address and password, strictly confidential. The Green Table is not liable for misuse of the login details and may always assume that a Customer who logs on to the Website is actually that Customer. Everything that happens through the Customer's account is the responsibility and risk of the Customer.
  • If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he should change his password as soon as possible and/or notify The Green Table so that The Green Table can take appropriate measures.

Article 6. Execution of Agreement

  • The Green Table is entitled to engage third parties in the performance of its obligations under the Agreement.
  • Once the order is received by The Green Table , The Green Table will send the Products as soon as possible.
    The Green Table is entitled to deliver an order containing multiple Products in parts and to invoice the parts delivered separately.
  • If a deadline has been agreed or specified for the delivery of the Products, it is not a deadline. If a deadline is exceeded, the Customer must first give The Green Table written notice of default before The Green Table is in default. This means that the Customer must give The Green Table a reasonable period - at least 14 days - to still meet its obligations.
  • Delivery of Products shall be made by The Green Table: Ex Works (according to Incoterms 2020), unless the Customer is a Consumer. If the Customer is a Consumer, delivery of Products shall be made by The Green Table: Delivered At Place (according to Incoterms 2020).
  • The Customer is obliged to take delivery of Products at the time they are made available to him. If the Customer fails to do so, The Green Table is entitled to store the Products at the Customer's risk. The associated costs - such as transport and storage costs - will be borne by the Customer.
  • The Green Table is entitled to supply a similar Product of similar quality to the Product ordered, if the Product ordered is no longer available. The Customer is then entitled to rescind the Agreement free of charge and return the Product free of charge.

Article 7. Retention of title.

  • All delivered Products remain the property of The Green Table until all claims The Green Table has against the Customer (including any related (collection) costs and interest) are paid in full.
  • Before said transfer of ownership, the Customer is not authorized to sell, deliver, pledge or grant any other right to the Products to third parties. An exception to this is that the Customer may do so if this is done in the normal course of its business, unless a request for (provisional) suspension of payments has been filed by the Customer, a petition for bankruptcy has been filed on behalf of the Customer or the Customer has been declared bankrupt.
  • The Green Table is entitled to take back the Products delivered under retention of title and still held by the Customer if the Customer does not ensure timely or incomplete payment of the invoices or has or threatens to have payment difficulties.
  • The Customer shall at all times allow The Green Table free access to its Products for inspection thereof and/or to exercise the rights of The Green Table.

Article 8. Right of withdrawal

  • This article applies only to the Customer who is a Consumer. Therefore, only the Consumer can exercise the right of withdrawal.
  • The Consumer has the right to dissolve the remotely concluded Agreement with The Green Table within 30 days, without giving reasons, free of charge.
  • The 30-day period referred to in paragraph 2 of this article shall begin on the day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, received the Product, or:
    • if the Consumer ordered multiple Products in the same order: the day on which the Consumer, or a third party designated by the Consumer, received the last Product;
    • 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, received the last shipment or part;
    • for Contracts for regular delivery of Products during a specified period: the day on which the Consumer, or a third party designated by him, received the first Product.

       

  • Within the withdrawal period referred to in paragraph 2 of this article, the Consumer must handle the Product and its packaging with care. Packaging that has been opened once (e.g. an outer box of 6 or 12 meals) cannot be returned as it concerns meals.
  • If the Consumer handles the Product in violation of paragraph 4 of this article or otherwise damages the Product, the Consumer shall be liable for the resulting decrease in value.
  • The Consumer may terminate the Agreement within the period set forth in paragraph 2 of this article by sending an e-mail to The Green Table or by making known in another unambiguous written manner to The Green Table that he renounces the purchase. After dissolution, the Consumer returns the Product to The Green Table as soon as possible, but in any case within 30 days after the Consumer has received the Product. This is only possible with unopened outer boxes of meals.
  • The costs associated with the return of products shall be borne by the Consumer, unless otherwise indicated on the Website.
  • Unopened outer-box packages may be returned - upon prior approval by The Green Table - to an address specified by The Green Table .
  • Amounts already paid by the Consumer (in advance) will be refunded to the Consumer as soon as possible in the same way that the Consumer paid for the order. If there is a reduction in value as referred to in paragraph 5 of this article, The Green Table is entitled to set off the reduction in value against the amounts already paid by the Customer, as a result of which the Customer will be refunded a lower amount.
  • The Website clearly states, in good time before the conclusion of the Agreement, information on whether or not the right of withdrawal applies and any desired procedure.

Article 9. Payment

  • The Customer must make payments to The Green Table according to the payment methods indicated in the ordering procedure and possibly on the Website. The Green Table is free in its choice of offering payment methods and these may also change from time to time.
  • In case of payment after delivery, the Customer has a payment term of 14 days starting the day after delivery. For orders in the webshop, prepayment is the norm.
  • If the Customer does not meet its payment obligation(s) on time and/or in full, the Customer is in default. In that case, the Customer must pay the statutory interest and collection costs to The Green Table . In addition, all costs, both judicial and extrajudicial, incurred by The Green Table for the collection of what the Customer has wrongfully left unpaid will be borne by the Customer.
  • If the Customer is a Consumer and the Consumer does not fulfill its payment obligation(s) on time and/or in full, The Green Table will give the Consumer another opportunity to fulfill its payment obligation(s) within a period of 14 days (notice of default). If the Consumer again fails to pay the amount due, the Consumer will owe statutory interest and collection costs to The Green Table . In addition, all costs, both judicial and extrajudicial, which The Green Table has to incur for the collection of what the Consumer has wrongfully left unpaid, shall be borne by the Consumer.
  • The Green Table has the right to deduct payments made by Customer to The Green Table first from expenses, then from accrued interest and finally from principal and accrued interest.
  • The Green Table is entitled to suspend delivery of Products if the Customer fails to fulfill its payment obligations.
  • The Customer is obliged to report objections to (the amount of) an invoice in writing and as detailed as possible to The Green Table within 7 days of the invoice date. If the Customer has not made any objections within 7 days of the invoice date, the invoice is deemed to be approved. Objections to an invoice do not suspend the Customer's payment obligation.

Article 10. Conformity

  • The Green Table only guarantees that Products comply with the Agreement, the specifications stated in the offer and the Dutch legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
  • For suitability for the purposes proposed by the Customer,
    The Green Table provides no warranty and The Green Table is not liable unless The Green Table has expressly confirmed suitability for a particular purpose in writing. The Customer is obliged to examine the suitability of the Product for its specific purposes himself. Any liability for any damage that may occur during or as a result of the use of the Product is excluded.

Article 11. Complaint Procedure

  • If the Customer has a complaint about a Product and/or about other aspects of the service provided by The Green Table, the Customer may submit a complaint to The Green Table by telephone, e-mail or post. Contact details are listed at the bottom of the General Order Terms and Conditions. Any complaint should contain as detailed a description of the complaint as possible, so that The Green Table is able to respond adequately.
  • The Green Table will provide the Customer with a response to their complaint as soon as possible, but in any case within 1 month, after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, The Green Table will confirm the complaint within 1 month, after the receipt of the complaint, and give an indication of the time within which it expects to give a substantive or definitive response to the complaint.
  • If the Customer files a complaint, this does not suspend his payment obligation(s).
  • If The Green Table deems that the Customer has justifiably filed a complaint, The Green Table - all at the discretion of The Green Table - will provide an appropriate solution.
  • If The Green Table judges that the Customer has filed a complaint unjustifiably, the costs incurred as a result - including the investigation costs - on the part of The Green Table will be borne by the Customer.

Article 12. Suspension and dissolution

  • The Green Table has the right - in addition to its statutory powers of rescission and suspension - to rescind the Agreement and/or suspend performance of the Agreement with immediate effect, if any of the following events occur:
    • the Customer does not, does not fully or does not timely fulfill the obligations under the Agreement and/or General Order Terms;
    • The Green Table after the conclusion of the Agreement has come to the knowledge of information that gives good grounds to fear that the Customer will not fulfill its obligations;
    • the Customer dies;
    • a request for the granting of a (provisional) moratorium has been filed by the Customer;
    • the Customer has been declared bankrupt or filed for bankruptcy;
    • is attached against the Customer;
    • a resolution to dissolve and/or liquidate the Customer has been made;
    • the Customer is under guardianship or receivership;
    • the Customer otherwise loses the power of disposal or legal capacity with respect to his assets or parts thereof.
    • The Customer is obliged to immediately notify The Green Table of the occurrence of an event referred to in subsections d to i.
  • If The Green Table exercises its termination or suspension powers, all resulting costs and damages incurred shall be borne by the Customer and all claims of The Green Table shall be immediately due and payable.
  • The Customer waives all rights to full or partial dissolution of the Agreement or full or partial suspension of its (payment) obligations, unless the Customer is a Consumer.

Article 13. Website

The Green Table makes every effort to keep the Website functioning properly and continuously accessible. The Green Table can only not guarantee this. The Green Table counts on the Customer's understanding during possible breakdowns on or maintenance of the Website. In any event, the Customer cannot hold The Green Table liable for any damage suffered by the Customer due to the inaccessibility of the The Green Table Website.

Article 14. Personal data

The Green Table processes the Customer's personal data in accordance with its privacy statement. This can be found on the Website.

Article 15. Force Majeure

  • The Green Table is not obliged to fulfill any obligation to the Customer if it is prevented from doing so due to force majeure.
  • In these terms and conditions, force majeure means - in addition to what is understood in law and jurisprudence - all external causes, foreseen or unforeseen, which The Green Table cannot influence and as a result of which The Green Table is unable to fulfill its obligations, such as pandemics, epidemics, defaults by (suppliers), government measures hindering fulfillment, danger to public health, disruptions to public infrastructure, general transport problems, strikes, war, terrorist attacks, internal unrest or natural disasters.
  • The Green Table may suspend its obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 2 months, the Parties are entitled to dissolve the Agreement, without any obligation to pay damages to the other party.
  • If The Green Table has already partially fulfilled or will be able to fulfill its obligations under the Agreement at the time when force majeure occurs, The Green Table is entitled to invoice the part already fulfilled or to be fulfilled. The Customer is obliged to pay this invoice.

Article 16. Liability

  • Delivery of the Products releases The Green Table from any liability for defects that the Customer had already discovered or could reasonably have discovered at the time of delivery.
  • The Green Table cannot influence the ultimate use of the delivered Products by the Customer. The Customer is therefore solely responsible for the use of the Products.
  • The Green Table is not liable for damages caused by The Green Table 's reliance on incorrect and/or incomplete information provided by or on behalf of the Customer.
  • The Green Table is not liable for damages caused by:
    • Failure to comply with a Product's instructions for use and/or (other) manuals;
    • Failure to comply or follow instructions from The Green Table regarding a Product;
    • incompetent or careless use of a Product;
    • use a Product for a purpose other than that for which the Product is intended.
  • The Green Table is never liable to the Customer for indirect damage, including in any case - but explicitly not exclusively - consequential damage, loss of profit, missed savings, loss of data and damage due to business stagnation.
  • The Green Table may only be liable for direct damage caused by an attributable failure to fulfill the obligation(s) arising from the Agreement. Direct damage means:
    • the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to the damage within the meaning of these General Order Terms;
    • any reasonable costs incurred to make The Green Table 's defective performance conform to the Agreement;
    • reasonable costs incurred to prevent or limit damage, provided that the Customer demonstrates that these costs resulted in limiting direct damage as referred to in these General Terms of Order.
  • A condition for the creation of any right to compensation is always that the Customer reports the damage in writing to The Green Table as soon as possible, but no later than 30 days, after its occurrence.
  • The liability of The Green Table is at all times limited to the amount paid out under the liability insurance of The Green Table in the case in question. If for any reason no payment is made under the aforementioned insurance, any liability is limited to a maximum of the amount including VAT invoiced for the Agreement, at least for that part of the Agreement to which the liability relates.
  • Any liability of The Green Table expires after 6 months
    from the time the Agreement has been terminated by delivery, dissolution or other means.
  • The limitations of liability of The Green Table included in these General Order Terms and Conditions do not apply if the damage is due to intent or conscious recklessness of The Green Table.

Article 17. Indemnities

The Customer indemnifies The Green Table against all third party claims related to or arising from the legal relationship existing between The Green Table and the Customer.

Article 18. Final Provisions

  • If these General Order Terms are formulated in another language, the Dutch version shall prevail in case of any ambiguity, imperfection or contradiction in/due to the translation.
  • Dutch law applies to the Agreement, even if all or part of an Agreement is executed abroad or the Customer is domiciled there.
  • In the event of a conflict between any provision of these General Terms of Order and any provision of the UN Convention for the International Sale of Goods (CISG), the provisions of these General Terms of Order shall prevail.
  • Unless otherwise prescribed by rules of mandatory law, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the district where The Green Table is located.
  • The language of communication in any legal proceedings will be Dutch.
  • The parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.

Contact details

If you have any questions, complaints or comments after reading these General Order Terms, please feel free to contact us using the contact information below.

The Green Table B.V.
PO Box 31312
6503 CH Nijmegen
Telephone: +31 (0)24 3554407 and +31 (0)6 51587024
E-mail info@thegreentable.eu
Chamber of Commerce number 52872149 Btw number: NL8506.40.581.B01