General terms and conditions The Rare Green

Email: contact@theraregreen.com

Website: https://www.theraregreen.com

Article 1 – Definitions

1. The Rare Green: The Rare Green, located in Almere, Chamber of Commerce number 94121516.
2. Customer: the person with whom The Rare Green has entered into an agreement.
3. Parties: The Rare Green and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 – Applicability

1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of The Rare Green.

2. The Rare Green and the Customer can only deviate from these conditions if this has been agreed in writing.

3. The Rare Green and the Customer exclude the applicability of the general terms and conditions of the Customer or of

   others expressly.

Article 3 – Prices

1. The Rare Green uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.

2. The Rare Green may always change the prices of its services and products on its website and in other communications.

3. The Rare Green and the Customer agree on a total amount as a target price for a service provided by The Rare Green

   unless otherwise agreed in writing.

4. The Rare Green may deviate from the target price by up to 10%.

5. The Rare Green must inform the Customer in a timely manner why a higher price is justified, when the target price

   will be more than 10% higher.

6. The Customer may cancel the part of the order that exceeds the target price (plus 10%),

   when the target price will be more than 10% higher.

7. The Rare Green may adjust prices monthly.

8. The Rare Green will communicate price adjustments to the Customer prior to their taking effect.

9. A consumer may cancel the agreement with The Rare Green if he does not agree

   the price increase.

Article 4 – Payments and payment term

1. The Rare Green may require a down payment of up to 50% of the agreed amount upon entering into the agreement.

2. The Customer must make a subsequent payment within 7 days after delivery.

3. The payment terms used by The Rare Green are strict payment terms. This means that if the Customer

   has not paid the agreed amount no later than the last day of the payment term, he is automatically in default and in default, without The Rare Green having to send a reminder or give notice of default to the Customer.

4. The Rare Green may make delivery subject to immediate payment or require security for the total amount of the services or products.

1. The Consumer pays for products immediately.

2. When entering into the agreement for a service, The Rare Green may make a down payment of up to 50% of the

   demand an agreed amount.

3. The Customer must pay invoices to The Rare Green within 7 days of the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.

4. The payment terms mentioned are strict payment terms. If the Customer has not paid the amount no later than the last day of the payment term, he is automatically in default and in default, without The Rare Green having to send the Customer a reminder or notice of default.

5. The Rare Green may make delivery subject to immediate payment or require security for the total amount of the service.

Article 5 – Right of complaint

1. If the Customer is in default, The Rare Green may invoke the right of recovery with regard to the unpaid products delivered to the Customer.

2. The Rare Green exercises its right of recovery by means of a written or electronic communication to the Customer.

3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the products in question to The Rare Green, unless otherwise agreed in writing.

4. The Customer pays the costs for retrieving or returning the products in paragraph 3.

Article 6 – Right of withdrawal

1. A consumer may cancel an online purchase within 14 days of purchase without giving any reason. This right of withdrawal does not apply when:

   the product has been used
   it is a product that can spoil quickly, such as food or plants
   it is a product that has been tailor-made or adapted especially for the consumer
   it concerns bets or lotteries
   the consumer has waived his right of withdrawal
   it concerns a service that, with the consent of the Customer, is fully performed within the cooling-off period and where the Customer has expressly stated that he waives the right of withdrawal

2. The reflection period of 14 days 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 concluded an agreement for the delivery of a service
   as soon as the consumer has confirmed that he will purchase digital content via the internet

3. The consumer can use his cooling-off period by sending an email with that subject to contact@theraregreen.com.

4. The consumer is obliged to return the product to The Rare Green within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.

Article 7 – Reimbursement of delivery costs

1. If the consumer has revoked his purchase on time and has returned the complete order to The Rare Green on time, The Rare Green will refund any shipping costs paid by the consumer to the consumer within 14 days of receipt of the fully returned order on time.

2. Delivery costs will only be borne by The Rare Green when the entire order is returned.

Article 8 – Reimbursement of return costs

1. If the consumer invokes his right of withdrawal, the Customer will pay the costs.

Article 9 – Suspension right

1. Unless the Customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 10 – Right of retention

1. The Rare Green may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of The Rare Green, unless the Customer has provided sufficient security for those costs.

2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to The Rare Green.

3. The Rare Green is not liable for any damage the Customer suffers due to the use of his right of retention.

Article 11 – Settlement

1. Unless the Customer is a consumer, he waives his right to offset a debt to The Rare Green against a claim against The Rare Green.

Article 12 – Retention of title

1. The Rare Green remains the owner of all delivered products until the Customer has paid all outstanding invoices from The Rare Green relating to an underlying agreement, including claims due to failure to comply.

2. Until that time in paragraph 1, The Rare Green can exercise its retention of title and take back the goods.

3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.

4. When The Rare Green makes use of its retention of title, this becomes the agreement

   reversed and The Rare Green may demand damages, lost profits and interest from the Customer.

Article 13 – Delivery

1. Delivery takes place while supplies last.

2. Delivery of products ordered online takes place at the address specified by the Customer.

3. If the Customer does not pay the agreed amounts or does not pay them on time, The Rare Green may fulfill its obligations

   suspend until the Customer pays.

4. In the event of late payment, there is a creditor's default, as a result of which the Customer will not be notified of a late delivery to The Rare

   Green may object.

Article 14 – Delivery time

1. The delivery times of The Rare Green are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.

2. The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from The Rare Green.

3. The Customer will not receive any compensation and may not cancel the agreement if The Rare Green delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if The Rare Green cannot deliver within 14 days, after having been notified in writing or if the Customer and The Rare Green have agreed otherwise.

Article 15 – Actual delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 16 – Transport costs

1. The Customer pays the costs for transport, unless the Customer and The Rare Green have agreed otherwise in writing.

Article 17 – Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold The Rare Green liable for any damage.

2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to The Rare Green prior to transport. If the Customer does not do this, he cannot hold The Rare Green liable for any damage.

Article 19 – Custody

1. If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.

2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.

Article 20 – Warranty

1. If the Customer and The Rare Green have entered into an agreement of a service nature, this only contains an obligation of efforts for The Rare Green and therefore no obligation of result.

2. The warranty only applies to non-perishable goods.
   
   
3. The risk of loss, damage or theft of the products supplied by The Rare Green is transferred to the Customer as soon as they are legally or actually delivered, or at least come under the control of the Customer or of a third party who receives the product for the Customer. takes.

Article 21 – Execution of the agreement

1. The Rare Green will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

2. The Rare Green may have the agreed services carried out in whole or in part by others.

3. The execution of the agreement takes place in consultation and after written agreement and payment of any advance payment by the Customer.

4. The Customer must ensure that The Rare Green can start the execution of the agreement on time.

5. If the Customer does not ensure that The Rare Green can start on time, the resulting additional costs will be borne by the Customer.

Article 22 – Provision of information by the Customer

1. The Customer makes all information, data and documents that are relevant for the correct execution of the agreement available to The Rare Green in a timely manner and in the desired form and manner.

2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.

3. When and to the extent that the Customer requests this, The Rare Green will return the relevant documents.

4. If the Customer does not provide the information, data or documents reasonably required by The Rare Green, or does not do so on time or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer.

Article 23 – Indemnity

1. The Customer indemnifies The Rare Green against all claims from others related to the products and/or services supplied by The Rare Green.

Article 24 – Complaints

1. The Customer must examine a product or service provided by The Rare Green as quickly as possible for any shortcomings.

2. If a service provided does not meet what the Customer could reasonably expect, the Customer must inform The Rare Green of this within 1 month after discovering the shortcoming.

3. A consumer must notify The Rare Green of this within 2 months of discovering the shortcoming.

4. The Customer provides as detailed a description as possible of the shortcoming, so that The Rare Green can respond appropriately.

5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and The Rare Green.

Article 25 – Notice of default

1. The Customer must notify The Rare Green of any notice of default in writing.
2. The Customer is responsible for ensuring that his notice of default actually reaches The Rare Green on time.

Article 26 – Customer Liability

1. When The Rare Green enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 27 – Liability The Rare Green

1. The Rare Green is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.

2. If The Rare Green is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.

3. The Rare Green is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.

4. If The Rare Green is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.

Article 28 – Expiration period

1. Any right of the Customer to compensation from The Rare Green expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 29 – Dissolution

1. The Customer may cancel the agreement if The Rare Green attributably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.

2. If fulfillment of the obligations by The Rare Green is still possible, dissolution can only take place after The Rare Green is in default.

3. The Rare Green may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or when The Rare Green has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill its obligations.

Article 30 – Force majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of The Rare Green by the Customer cannot be attributed to The Rare Green in the event of force majeure.

2. The force majeure situation in paragraph 1 also includes:
   – a state of emergency such as a civil war or natural disaster
   – non-performance or force majeure of suppliers, deliverers or others – power, electricity, internet, computer or telecom disruptions
   – computer viruses
   – strikes
   – government measures
   – transport problems
   - bad weather conditions
   – work stoppages

3. If a force majeure situation occurs as a result of which The Rare Green cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until The Rare Green can fulfill them.

4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and The Rare Green may cancel the agreement in whole or in part in writing.

5. The Rare Green does not have to pay compensation to the Customer in a force majeure situation, even if The Rare Green benefits from this.

Article 31 – Changes to agreement

1. If it is necessary to change a concluded agreement for its implementation, the Customer and The Rare Green can adjust the agreement.

Article 32 – Changes to general terms and conditions

1. The Rare Green may change these general terms and conditions.

2. The Rare Green may always make changes of minor importance.

3. The Rare Green will discuss major changes with the Customer in advance as much as possible.

4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 33 – Transfer of rights

1. The Customer cannot transfer any rights under an agreement with The Rare Green to others without written permission from The Rare Green.

2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 34 – Consequences of nullity or voidability

1. If 1 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. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what The Rare Green had in mind when drawing up the terms and conditions.

Article 35 – Applicable law and competent court

1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and The Rare Green.

2. The judge in the district where The Rare Green has its registered office has exclusive jurisdiction to hear any disputes between the Customer and The Rare Green, unless the law provides otherwise.

Prepared on June 22, 2024.