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 means any understanding or agreement between The Green Table and the Customer, of which the General Order Terms are an integral part.
Product/Products means all items delivered to the Customer by The Green Table under the Agreement, 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 of The Green Table are subject to the General Order Terms, unless otherwise expressly agreed 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 Order Terms. 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 derived from The Green Table are inclusive of VAT and other government levies, unless otherwise stated on the Website.
If there is a cross-border delivery of a Product, then in accordance with applicable (international) laws and regulations, The Green Table may or may not charge VAT and other governmental taxes.
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 utmost care. However, The Green Table cannot guarantee 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 obvious programming and typographical errors.
The Green Table cannot be held responsible for (color) deviations due to screen quality

Article 4. Formation of Agreement.

The Agreement is established at the moment of the Customer's acceptance of The Green Table's offer on the Website and the fulfillment of the conditions set by The Green Table thereby.
Once the Agreement is established, the Customer will receive an electronic confirmation thereof.
If it is found that incorrect information has been provided by the Customer, The Green Table has the right to fulfill its obligation only after the correct information has been received.
Within legal frameworks, The Green Table may investigate whether the Customer can fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, The Green Table has good grounds not to enter into the Agreement, it is entitled to refuse an order or request or to attach special conditions, such as prepayment, to the execution. 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 is responsible for choosing a sufficiently reliable password.
The Customer must keep their login credentials, their email 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 in fact that Customer. Anything done through the Customer's account is the responsibility and risk of the Customer.
If the Customer knows or suspects that their login information has fallen into the hands of unauthorized persons, they should change their password and/or notify The Green Table as soon as possible so that The Green Table can take appropriate action.

Article 6. Execution of Agreement

The Green Table has the right 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 fulfill 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 by The Green Table: Delivered At Place (in accordance with Incoterms 2020).
The Customer is obligated to take delivery of Products at the time they are made available to them. If the Customer fails to do so, The Green Table is entitled to store the Products at the Customer's risk. Any associated costs - such as transportation and storage costs - shall be borne by the Customer.
The Green Table is entitled to deliver a similar Product of similar quality to the Product ordered, if the Product ordered is no longer available. The Customer shall then be entitled to rescind the Contract free of charge and return the Product free of charge.

Article 7. Retention of title.

All Products delivered 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 shall have the right to repossess any Products delivered under retention of title and still in the Customer's possession if the Customer fails to make timely or complete payment of invoices or has or is likely to have payment difficulties.
The Customer shall at all times allow The Green Table free access to its Products for inspection thereof and/or for the exercise of The Green Table's rights.

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 terminate 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 rescind the Agreement within the period set forth in paragraph 2 of this article by sending an email to The Green Table or otherwise unambiguously informing The Green Table in writing that they are abandoning the purchase. After cancellation, the Consumer returns the Product to The Green Table as soon as possible - but in any case within 30 after the Consumer has received the Product. This can only be done 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 offset the reduction in value against the amounts already paid by the Customer, resulting in a lower refund to the Customer.
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 shall make payments to The Green Table in accordance with the payment methods indicated in the ordering procedure and, if applicable, 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 fails to meet their payment obligation(s) on time and/or in full, the Customer will be in default. In that case, the Customer must pay The Green Table the statutory interest and collection costs. In addition, all costs, both judicial and extrajudicial, incurred by The Green Table in the collection of what the Customer wrongfully leaves unpaid will be borne by the Customer.
If the Customer is a Consumer and the Consumer does not timely and/or fully fulfill its payment obligation(s), 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 The Green Table statutory interest and collection costs. In addition, all costs, both judicial and extrajudicial, incurred by The Green Table for the collection of what the Consumer wrongfully leaves unpaid will be borne by the Consumer.
The Green Table shall have the right to deduct payments made by the 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 the delivery of Products if the Customer fails to fulfill their payment obligations.
The Customer is obliged to report objections to (the amount of) an invoice to The Green Table in writing and in as much detail as possible 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 warrants only 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 Customer's intended purposes,
The Green Table makes no warranty and The Green Table shall have no liability unless The Green Table has expressly confirmed suitability for a particular purpose in writing. The Customer is obliged to investigate the suitability of the Product for their specific purposes themselves. 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 other aspects of The Green Table's service, the Customer may submit a complaint to The Green Table by telephone, email or mail. Contact information is listed at the bottom of the General Order Terms and Conditions. Any complaint should include as detailed a description of the complaint as possible so that The Green Table is able to respond appropriately.
The Green Table will provide the Customer with a response to their complaint as soon as possible, but in any event within 1 month, of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, The Green Table will acknowledge the complaint within 1 month, from receipt of the complaint, and provide an indication of the time frame within which it expects to provide 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 finds that the Customer is justified in filing a complaint, The Green Table will - at The Green Table's discretion - provide an appropriate remedy.
If The Green Table determines that the Customer has filed a complaint in error, the costs incurred as a result - including investigation costs - on the part of The Green Table shall be borne by the Customer.

Article 12. Suspension and dissolution

The Green Table - in addition to its statutory powers of rescission and suspension - has the right 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;
- after the conclusion of the Agreement, information has come to The Green Table's knowledge that gives good reason 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 obligated to immediately notify The Green Table of the occurrence of any event referred to in subsections (d) through (i).
If The Green Table exercises its rescission 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 accessible on an ongoing basis. However, The Green Table cannot guarantee this. The Green Table counts on the Customer's understanding during any possible malfunctions on or maintenance of the Website. In any event, the Customer cannot hold The Green Table liable for any damages incurred by the Customer due to the inaccessibility of The Green Table's 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 bound 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 is defined - in addition to what is understood about it in the law and jurisprudence - as all external causes, foreseen or unforeseen, over which The Green Table has no control and as a result of which The Green Table is unable to fulfill its obligations, such as pandemics, epidemics, defaults by suppliers, governmental 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 of force majeure. 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, at the time of the occurrence of Force Majeure, The Green Table has already partially fulfilled its obligations under the Agreement or will be able to fulfill them, The Green Table is entitled to invoice the part already fulfilled or to be fulfilled. The Customer is obligated to pay this invoice.

Article 16. Liability

Delivery of the Products releases The Green Table from all 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 Customer's ultimate use of the Products delivered. Therefore, the Customer is solely responsible for the use of the Products.
The Green Table shall not be liable for damages caused by The Green Table's reliance on inaccurate and/or incomplete information provided by or on behalf of the Customer.
The Green Table shall not be 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 any 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 shall never be liable to the Customer for indirect damages, including, but expressly not limited to, consequential damages, lost profits, missed savings, loss of data and damages due to business interruption.
The Green Table may only be liable for direct damages caused by an attributable failure to fulfill the obligation(s) arising from the Agreement. Direct damages shall mean:
- 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.
The condition for any right to compensation shall always be 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 Green Table's liability shall at all times be limited to the amount paid out under The Green Table's liability insurance policy 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 shall expire upon the expiration of 6 months
from the time the Agreement is terminated by delivery, rescission or otherwise.
The limitations of liability of The Green Table contained in these General Order Terms do not apply if the damage is due to intentional or deliberate recklessness of The Green Table.

Article 17. Indemnities

The Customer indemnifies The Green Table against any 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.
To the extent not otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of 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
KvK number 52872149 VAT number: NL8506.40.581.B01