Terms and Conditions

General Terms and Conditions of Green Bubble

Table of contents:

Article 1 Definitions
Article 2 Applicability
Article 3 Registration and Orders
Article 4 The Agreement
Article 5 Right of Withdrawal
Article 6 Exercise of the Right of Withdrawal by the consumer and the costs thereof
Article 7 Conformity & Warranty
Article 8 Price and payment
Article 9 Delivery and performance
Article 10 Liability
Article 11 Force majeure
Article 12 Complaints
Article 13 Intellectual property
Article 14 Site security and privacy
Article 15 - Miscellaneous
Article 16 - Disputes, applicable law, competent court
Article 17 - Identity of Green Bubble

Annex I: Model withdrawal form

Article 1 - Definitions
In these General Terms and Conditions, the following terms have the following meanings:

General Terms and Conditions: the General Terms and Conditions of Green Bubble;
Cooling-off Period: the period within which the Customer may exercise the Right of Withdrawal to which they are legally entitled;
Order(s): an order for one or more Main Products and/or Products registered via the Site in the name of the Customer;
Day(s): calendar day;
Right of Withdrawal: the option for the Customer to withdraw from the Agreement within the Cooling-off Period;
Main Product: flowers and plants that the Customer can order via the Site;
Customer(s): the natural person and/or legal entity that enters into an Agreement with Green Bubble via the Site;
Delivery: the delivery of a Shipment;
Model Form: the form the Customer can use, among other things, to invoke the Right of Withdrawal;
Agreement: the agreement between Green Bubble and the Customer that is concluded by placing an order via the Site;
Product(s): products other than the Main Product that the Customer can order via the Site;
Site: www.green-bubble.com
Working Day(s): Monday to Friday, excluding the public holidays referred to in Article 3 of the Dutch General Time Limits Act (Algemene Termijnenwet);
Shipment(s): an Order in packaging provided by Green Bubble.

Article 2 - Applicability

  1. These General Terms and Conditions apply to every offer made by Green Bubble

and to every Agreement concluded via the Site between Green Bubble and the Customer.

  1. These General Terms and Conditions will be made available to the Customer electronically, in such a way that the Customer can easily store them on a durable data carrier. If this is not reasonably possible, Green Bubble will, before the Agreement is concluded and at the Customer's request, send the General Terms and Conditions free of charge as soon as possible.

Article 3 - Registration and Orders

  1. The Customer may, but is not obliged to, register on the Site in Green Bubble's customer database. After registration, the Customer will be assigned an account that makes it easy for the Customer to view their details, Orders and Deliveries at a later time. The Customer can also sign up to receive a newsletter.
  2. If the Customer registers and is assigned an account, the Customer is responsible for the use made of their username and password. The Customer is responsible for the accuracy of the details in their account and is not permitted to let others use it.
  3. An Order is placed according to the procedure set out below:

step 1: click 'Add to cart' next to the desired Main Product/Product;

step 2: then click 'Continue shopping' if you want to order more Main Products/Products. When you want to complete your order, click 'Checkout';

step 3: you will then be asked to fill in your billing address, choose the shipping method and select your preferred payment method, and finally to check the details of your order and, if they are correct, click 'Buy'.

step 4: once payment has been completed, the Order is final.

step 5: within a few minutes you will receive an order confirmation by email. If you do not, please contact customer service.

  1. Where different or additional conditions apply to the ordering, delivery and/or return of specific Main Products and/or Products offered via the Site, this will be stated explicitly.
  2. If a Main Product/Product ordered by the Customer turns out to be out of stock, Green Bubble is entitled to cancel the Order or dissolve the Agreement without being liable for any compensation. In that case, Green Bubble will inform the Customer as soon as possible after the Order has been placed.

The Customer has the right to cancel the Order before 15:00 on the Day the Order was placed.

Article 4 - The Agreement

  1. The Agreement is concluded as soon as the Order has been completed in accordance with the procedure set out in Article 3(3). Green Bubble will confirm the conclusion of the Agreement to the Customer without delay by means of an order confirmation (email).
  2. Green Bubble reserves the right to refuse an Order for reasons of its own, or to attach further conditions to it. Examples include the Customer being unable to meet their payment obligations, or other circumstances that may affect whether an Agreement can responsibly be entered into via the Site.

Article 5 - Right of Withdrawal

For Main Products:

  1. The Customer cannot dissolve an Agreement relating to the purchase of a Main Product, as Main Products are perishable.

For Products

  1. The Customer has the right to dissolve the Agreement within 14 Days of receiving the Product without giving reasons. This can be done by means of an electronic notification to that effect to Green Bubble.
  2. The cooling-off period referred to in paragraph 2 starts on the day after the Customer, or a third party designated in advance by the Customer who is not the carrier, has received the Product.
  3. During the period referred to in the previous paragraph, the Customer undertakes to handle the Product and its packaging with care, failing which Green Bubble may recover any reduction in value from the Customer. If a Customer wishes to exercise their Right of Withdrawal, they will return the Product with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with any additional reasonable and clear instructions provided by Green Bubble. Any reduction in the value of the Product caused by the Customer is at the Customer's expense.
  4. If the Customer exercises their Right of Withdrawal, at most the cost of returning the Product will be borne by the Customer.
  5. If the Customer exercises their Right of Withdrawal, the order amount due will be refunded within 14 days of the return being registered, provided the Product has already been received back in good order.
  6. In addition to the Main Products, the exclusion of the Right of Withdrawal also applies to Products for which this is explicitly stated in the offer, or in any case before the Agreement is concluded.
  7. The items must be returned within 14 days of the return being registered.

Article 6 - Exercise of the Right of Withdrawal

  1. The Customer can exercise their Right of Withdrawal by notifying Green Bubble within the Cooling-off Period via info@green-bubble.com, whether or not using the Model Form.
  2. After exercising the Right of Withdrawal, the Customer returns the Product as soon as possible, and no later than 14 Days after the notification.
  3. The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the Customer.

Article 7 - Conformity and Warranty

  1. Green Bubble guarantees the conformity of the Main Product/Product with the product description as stated on the Site. If a specific warranty scheme applies to Main Products/Products, this will be explicitly stated on the Site.
  2. The Customer can only rely on the warranty if the Customer uses the Main Product/Product with care and in the manner indicated on the Site.

Article 8 - Price and payment

  1. Green Bubble is entitled to change the prices of the Main Products and/or Products offered.
  2. The prices stated on the Site are in euros and include VAT.
  3. The Customer will pay the amount they owe Green Bubble in connection with an Order using one of the payment methods permitted (or agreed) by Green Bubble, within the period set (or subsequently agreed) by Green Bubble for that purpose.
  4. For payment by credit card, delivery will only take place after the order amount has cleared. This may take some time.
  5. If the Customer fails to meet their payment obligation(s) on time, then, after Green Bubble has sent a reminder and granted a period of 14 days in which to still meet those payment obligations, and payment is not made within that period, the Customer owes the statutory interest on the amount still due and Green Bubble is entitled to charge the extrajudicial collection costs it has incurred.
  6. Ownership of the Main Product/Product only passes from Green Bubble to the Customer once the Customer has paid the amount due for an Order in full. Damage to and/or loss of the Main Product/Product while it is still subject to retention of title is entirely at the Customer's expense and risk.

Article 9 - Delivery and performance

  1. Green Bubble will take the greatest possible care when receiving and processing orders.
  2. Green Bubble will deliver (or have delivered) the Shipment(s) to the Customer at the address the Customer has provided to Green Bubble, in a manner to be determined by Green Bubble.
  3. If delivery at the agreed address proves impossible, Green Bubble will handle the Shipment in accordance with the procedure applicable to that Shipment and, where possible, inform the Customer accordingly.
  4. Green Bubble will make every effort to process accepted orders promptly. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Customer will be notified as soon as possible after placing the order. In that case, the Customer has the right to dissolve the agreement free of charge.
  5. In the event of dissolution in accordance with the previous paragraph, Green Bubble will refund the amount paid by the Customer as soon as possible, and no later than 30 days after dissolution.
  6. Green Bubble has a best-efforts obligation to meet the agreed delivery period. Such a period is not, however, a strict deadline, and exceeding it does not entitle the Customer to claim compensation.
  7. The risk of damage to and/or loss of Main Products/Products rests with Green Bubble until the moment of delivery to the Customer, unless explicitly agreed otherwise.
  8. The Customer is obliged to accept the Shipment on arrival at the address specified by the Customer.

  9. If delivery is not possible at the delivery address provided by the Customer, for example due to an incorrect address, absence at the time of delivery or refusal to accept without a valid reason, Green Bubble reserves the right to pass on the return costs incurred and any additional delivery costs to the Customer. If the Shipment is returned as a result, only the order value minus the return costs will be refunded. A new delivery will only be scheduled once the additional costs have been paid in full.

Article 10 - Liability

  1. If the Customer is of the opinion that Green Bubble has not properly performed the Delivery of a Main Product/Product, the Customer must notify Green Bubble by email, together with evidence, within 7 Days of discovering the defect in question or reasonably having been able to discover it, failing which the Customer can no longer rely on the defect. Except in special circumstances to be demonstrated by the Customer, the Customer is in any case deemed to be reasonably able to discover a defect from the moment they received the Main Product/Product delivered by Green Bubble.
  2. If Green Bubble has not met its Delivery obligations as referred to in these General Terms and Conditions, the Customer has acted in accordance with Article 10.1 of these General Terms and Conditions and the defect has not been remedied within a reasonable time, Green Bubble is liable for direct damage resulting from its failure, provided that failure can be attributed to it. Any liability for indirect and/or consequential damage, including loss suffered, loss of profit, lost savings, reputational damage and lost goodwill, is excluded.
  3. The extent of any liability on the part of Green Bubble is always limited to the invoice value of the Main Product/Product delivered through which or in connection with which the liability arose.
  4. The limitation of liability described in paragraph 3 of this article does not apply in the event of intent or deliberate recklessness on the part of Green Bubble's managers (and managerial subordinates).

  5. Green Bubble is not liable for damage to floors, substrates or other surfaces caused by placing, using or leaving in place a main product and/or product, if this damage becomes apparent more than 14 days after the date of purchase. After this period, damage is deemed no longer attributable to Green Bubble.
    Green Bubble always recommends using a waterproof inner liner or having the plant/pot combination professionally potted by Green Bubble to prevent leaks and moisture damage. In these situations too, any damage or irregularities must be reported within 14 Days of the date of purchase; reports outside this period can no longer be processed.

Article 11 - Force majeure

Green Bubble is not obliged to perform any obligation under the Agreement if it is prevented from doing so as a result of a failure that cannot be attributed to it. A non-attributable failure exists, among other cases, if Green Bubble is unable to meet its obligations towards the Customer as a result of an attributable failure by third parties whose services Green Bubble uses in performing the Agreement, and in the event of strikes.

Article 12 - Complaints

In the event of questions and/or complaints regarding (a) Product(s) of Green Bubble, the Customer should always contact Green Bubble Customer Service via https://www.green-bubble.com/nl/service/

If no solution can be reached together, the Customer may submit a dispute to a recognised dispute resolution body. An overview of recognised dispute resolution bodies in the EU, Norway and Iceland can be found via https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.

Article 13 - Intellectual property

Unless explicitly agreed otherwise, the intellectual property rights (including copyrights) in all Main Products/Products made available to a Customer under an Agreement remain with Green Bubble and are not transferred to the Customer.

Article 14 - Site security and privacy

  1. Green Bubble undertakes to provide the necessary technical and organisational measures to secure the electronic transfer of data and a secure web environment.
  2. Green Bubble attaches great importance to protecting its Customers' personal data and has drawn up a Privacy Statement for www.green-bubble.com.

Article 15 - Miscellaneous

  1. No rights can be derived from the information on this Site.
  2. Typing errors and price changes excepted.
  3. Green Bubble is entitled to amend these terms and conditions from time to time. The amended terms and conditions apply as soon as they have been published on the Site. If a Customer subsequently places an Order for a Main Product/Product as offered on the Site, they thereby accept the applicability of the amended terms and conditions. It is therefore advisable to consult these terms and conditions before placing an order for a Main Product/Product.
  4. If any provision of these General Terms and Conditions is void or is annulled, the remaining provisions of these General Terms and Conditions remain in full force and Green Bubble will include (a) new provision(s) to replace the void or annulled provision(s), taking into account the purpose and intent of the void or annulled provision(s) as far as possible.
  5. Green Bubble is entitled to engage third parties for the performance of the Agreement.

Article 16 - Disputes, applicable law, competent court

  1. In the event of a dispute, the data recorded by Green Bubble is decisive, subject to evidence to the contrary.
  2. All Agreements are governed by Dutch law.
  3. Any disputes that cannot be resolved by mutual consultation will be submitted by the party with the greatest interest to the competent court in The Hague.

Article 17 - Identity of Green Bubble

www.green-bubble.com is a webshop of:

Green Bubble B.V. - Green Bubble

Bruidsbogerd 3
2671 DK Naaldwijk

Email address: service@green-bubble.com
Chamber of Commerce (KvK) number: 77886550
VAT identification number: NL861185432B01

Annex I: Model withdrawal form

Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

  • To:
    [ name of trader]
    [ geographical address of trader]
    [ fax number of trader, if available]
    [ email address or electronic address of trader]
  • I/We* hereby give notice that I/we* withdraw from our agreement concerning

the sale of the following products: [product description]*
the supply of the following digital content: [description of digital content]*
the provision of the following service: [description of service]*.

  • Ordered on*/received on* [date of order for services or of receipt for products]
  • [Name of consumer(s)]
    •[Address of consumer(s)]
    •[Signature of consumer(s)] (only if this form is submitted on paper)

* Delete as appropriate or fill in as applicable.