General conditions

Table of contents
Article 1 - Definitions
Article 2 - Identity of Greendiscounter
Article 3 - Applicability.
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer
Article 9 - Obligations of Greendiscounter in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal.
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes.
Article 17 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

1. Ancillary agreement: an agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by Greendiscounter or by a third party based on an arrangement between that third party and Greendiscounter;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specified period of time;
7. Durable data medium: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance: Greendiscounter
10. Remote Agreement: an agreement concluded between Greendiscounter and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, which, up to and including the conclusion of the agreement, makes exclusive or joint use of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal with respect to his order;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of Greendiscounter

Greendiscounter is part of
Address
Klimadeluxe GmbH
Wassenbergstrasse 36
46446 Emmerich
Germany

Email address: info@greendiscounter.com

Article 3 - Applicability.

1. These general terms and conditions apply to every offer made by Greendiscounter and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, Greendiscounter shall, prior to the conclusion of the distance contract, indicate the manner in which the general terms and conditions can be inspected at Greendiscounter and that, at the request of the consumer, they will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.
   
   Article 4 - The offer
   
   

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Greendiscounter uses images, they are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Greendiscounter.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 - The Agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, Greendiscounter shall immediately confirm electronically the receipt of the acceptance of the offer. Until receipt of this acceptance is confirmed by Greendiscounter, the consumer may rescind the agreement.
3. If the agreement is concluded electronically, Greendiscounter shall take appropriate technical and organizational measures to protect the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, Greendiscounter will observe appropriate security measures for this purpose.
4. Greendiscounter may - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Greendiscounter has good grounds on the basis of this examination not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution, giving reasons.
5. Greendiscounter will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
   
   - the visiting address of the Greendiscounter branch to which the consumer can address complaints;
   - the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
   - the information on warranties and existing after-purchase service;
   - the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
   - the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
   - if the consumer has a right of withdrawal, the model withdrawal form.
   - In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

1. Consumers can dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons. Greendiscounter may ask the consumer about the reason for withdrawal, but may not require the consumer to provide his reason(s). After cancellation, the consumer still has 14 days to return the product.
2. The cooling-off period referred to in paragraph 1 starts 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. Greendiscounter may, provided it has clearly informed the consumer prior to the ordering process, refuse an order of multiple products with different delivery times.
   - 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.

For services and digital content not delivered on a tangible medium:

1. Consumers may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. Greendiscounter may ask the consumer about the reason for withdrawal, but may not require the consumer to provide his reason(s).
2. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in case of failure to inform about right of withdrawal:

1. If Greendiscounter has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
2. If Greendiscounter has provided the information referred to in the preceding paragraph to the consumer within 12 months from the effective date of the original cooling-off period, the cooling-off period expires 14 days from the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

1. During the cooling-off period, the consumer will handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to establish the nature, characteristics and operation of the product. The premise here is that the consumer may only handle and inspect the product as he would be permitted to do in a retail store.
2. The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if Greendiscounter did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises his right of withdrawal, he shall notify Greendiscounter in an unambiguous manner within the withdrawal period.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) Greendiscounter. This is not required if Greendiscounter has offered to pick up the product itself. The consumer has complied with the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Greendiscounter.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct cost of returning the product. If Greendiscounter has not indicated that the consumer must bear these costs or if Greendiscounter indicates that it will bear the costs itself, the consumer does not have to bear the costs of return shipment.
6. The consumer bears no cost for the full or partial delivery of digital content not delivered on a tangible medium if:
   - he has not expressly agreed, prior to its delivery, to begin performance of the contract before the end of the cooling-off period;
   - he has not acknowledged losing his right of withdrawal when giving his consent; or
   - Greendiscounter failed to confirm this statement by the consumer.
7. If the consumer exercises his right of withdrawal, all ancillary contracts are dissolved by operation of law.

Article 9 - Obligations of Greendiscounter in the event of withdrawal

1. If Greendiscounter enables the notification of withdrawal by the consumer by electronic means, it will send a confirmation of receipt without delay after receiving this notification.
2. Greendiscounter will reimburse all payments made by the consumer, including any delivery costs charged by Greendiscounter for the returned product, without delay but within 14 days following the day on which the consumer notifies it of the withdrawal. Please note that the return cost is on you, the customer, unless the products are already damaged upon receipt. Unless Greendiscounter offers to pick up the product itself, it may withhold reimbursement until it receives the product or until the consumer proves that he has returned the product, whichever is earlier.
3. Greendiscounter will use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to another method. The refund is free of charge to the consumer.
4. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, Greendiscounter does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal.

Greendiscounter can exclude the following products and services from the right of withdrawal, but only if Greendiscounter has clearly stated this with the offer, at least in time for the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which Greendiscounter has no influence and which may occur within the withdrawal period;
2. Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
3. Products that spoil quickly or have a limited shelf life;
4. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
5. Products that after delivery are by their nature irrevocably mixed with other products;
6. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which Greendiscounter has no influence;
7. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
8. Newspapers, magazines or journals, excluding subscriptions thereto;
9. The provision of digital content other than on a tangible medium, but only if:
10. performance has begun with the consumer's express prior consent and the consumer has declared that he thereby forfeits his right of withdrawal.

Article 11 - The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, Greendiscounter may offer products or services whose prices are tied to fluctuations in the financial market and over which Greendiscounter has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are permitted only if Greendiscounter has stipulated it and:
   - they are the result of statutory regulations or provisions; or
   - the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with the agreement and additional warranty

1. Greendiscounter guarantees that the products and/or services 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 agreed, Greendiscounter also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by Greendiscounter, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Greendiscounter on the basis of the agreement if Greendiscounter has failed to fulfill its part of the agreement.
3. Additional warranty means any undertaking by Greendiscounter, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what the consumer is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 13 - Delivery and execution

1. Greendiscounter will take the greatest possible care in receiving and executing orders for products and in evaluating requests for the provision of services.
2. The place of delivery is the address made known to Greendiscounter by the consumer.
3. Subject to what is stated in this regard in Article 4 of these General Terms and Conditions, Greendiscounter will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost.
4. After dissolution in accordance with the preceding paragraph, Greendiscounter will promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Greendiscounter until the time of delivery to the consumer or a representative designated in advance and made known to Greendiscounter, unless expressly agreed otherwise.

Article 14 - Payment

1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never require consumers to pay more than 50% in advance. Where advance payment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has a duty to promptly report inaccuracies in payment information provided or stated to Greendiscounter.
4. If the consumer does not meet his payment obligation(s) in time, he shall, after being notified by Greendiscounter of the late payment and Greendiscounter has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, owe the legal interest on the amount still due and Greendiscounter is entitled to charge the extrajudicial collection costs incurred by it. These collection costs shall not exceed: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40. Greendiscounter may deviate from said amounts and percentages for the benefit of the consumer.

Article 15 - Complaints procedure

1. Greendiscounter has a sufficiently publicized complaint procedure and will handle the complaint in accordance with this complaint procedure.
2. Complaints about the execution of the agreement must be submitted to Greendiscounter fully and clearly described within a reasonable time after the consumer has found the defects.
3. Complaints submitted to Greendiscounter will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Greendiscounter will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. The consumer must give Greendiscounter at least 4 weeks to resolve the complaint by mutual agreement. After this deadline, a dispute arises that is amenable to the dispute resolution process.
   
   Mediation
   It can always happen that something doesn't go quite as planned. We encourage you to first report complaints to us by emailing info@greendiscounter.com. If this does not lead to a solution, it is possible to submit your dispute for mediation through Stichting WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.
   
   As of Feb. 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere, you are free to file your complaint through the European Union platform.

Article 16 - Disputes.

1. Dutch law applies exclusively to agreements between Greendiscounter and the consumer to which these General Terms and Conditions apply.

Article 17 - Additional or different provisions

Additional or different provisions from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.