Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Business
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Contract
Article 6 – Right of Withdrawal
Article 7 – Consumer Obligations During the Cooling-Off Period
Article 8 – Exercise of the right of withdrawal by the consumer and related costs
Article 9 – Obligations of the seller in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Price
Article 12 – Performance and Additional Warranty
Article 13 – Delivery and Performance
Article 14 – Contracts of Continuous Performance: Term, Termination, and Extension
Article 15 – Payment
Article 16 – Complaint Procedure
Article 17 – Disputes
Article 18 – Industry-Specific Warranty
Article 19 – Supplementary or Derogatory Provisions
Article 20 – Amendment of the General Terms and Conditions (Thuiswinkel)
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
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Supplementary contract: a contract under which the consumer purchases products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are provided by the business or by a third party based on an agreement between that third party and the business;
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Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
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Consumer: a natural person who is not acting for purposes related to their commercial, industrial, artisanal, or professional activities;
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Day: calendar day;
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Digital content: data produced and provided in digital form;
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Contract for continuous performance: a contract for the regular supply of goods, services, and/or digital content over a specified period;
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Durable medium: any tool—including email—that allows a consumer or business to store information addressed to them personally, so that they can access or use it at a later time for a period appropriate to the purpose of that information, and that allows the stored information to be reproduced unchanged;
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Right of withdrawal: the consumer’s right to cancel a distance contract during the cooling-off period;
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Entrepreneur: a natural person or legal entity that is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers via distance selling;
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Distance contract: a contract concluded between a business and a consumer as part of an organized system for the distance sale of products, digital content, and/or services, in which, up to and including the conclusion of the contract, one or more means of distance communication are used exclusively or in part;
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Standard withdrawal form: the European standard withdrawal form set forth in Annex I to these terms and conditions. Annex I need not be provided if the consumer does not have a right of withdrawal for their order;
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Means of distance communication: a method that can be used to enter into a contract without the consumer and the business needing to be physically present at the same location at the same time.
Article 2 – Identity of the Business Owner
GreenFurbished B.V.
Bruistensingel 400
5232AG, ’s-Hertogenbosch
Accessibility:
Monday through Saturday from 12:00 p.m. to 5:00 p.m.
Email: info@greenfurbished
If the entrepreneur’s business is subject to a relevant licensing regime: information regarding the regulatory authority.
If the entrepreneur practices a regulated profession:
. the professional association or organization to which he or she belongs;
. the professional title and the location within the EU or the European Economic Area where it was awarded;
. a reference to the professional rules applicable in the Netherlands and information on where and how these rules can be accessed.
Article 3 – Applicability
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These general terms and conditions apply to all offers made by the contractor and to all distance contracts concluded between the contractor and the consumer.
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Before the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the business shall indicate, before the conclusion of the distance contract, how the general terms and conditions can be accessed at the business’s premises and that they will be sent to the consumer free of charge, upon request, as soon as possible.
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If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the preceding paragraph and prior to the conclusion of the contract, be made available to the consumer electronically, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated, prior to the conclusion of the distance contract, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, upon request, electronically or by any other means.
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If, in addition to these general terms and conditions, specific terms and conditions relating to products or services also apply, paragraphs 2 and 3 shall apply by analogy; and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to him or her.
Article 4 – The Offer
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If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
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The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly evaluate the offer. If the business uses images, these are a true representation of the products, services, and/or digital content offered. The business is not bound by any obvious errors or mistakes in the offer.
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Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer.
Article 5 – The Contract
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Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfills the conditions attached to it.
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If the consumer has accepted the offer electronically, the business must promptly confirm, electronically, receipt of the acceptance of the offer. Until such receipt has been confirmed by the business, the consumer may cancel the contract.
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If the contract is concluded electronically, the business shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the business shall take appropriate security measures.
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The business may, within the legal framework, verify whether the consumer is able to meet their payment obligations, as well as any facts and circumstances relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business has good reason not to enter into the contract, it is entitled to refuse an order or request, stating the reasons for its decision, or to make performance subject to specific conditions.
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No later than upon delivery of the product, service, or digital content to the consumer, the business shall provide the following information, in writing or in a manner that allows the consumer to easily record it on a durable medium:
a. the address of the business’s place of business where the consumer may file complaints;
b. the terms and conditions for exercising the right of withdrawal, or a clear statement that the right of withdrawal does not apply;
c. information regarding warranties and after-sales service;
d. the price, including taxes, of the product, service, or digital content; where applicable, delivery charges; and the terms of payment, delivery, or performance of the distance contract;
e. the conditions for terminating the contract if it has a term of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the standard withdrawal form. -
In the case of a contract for continuous performance, the provision in the preceding paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For products:
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The consumer may cancel a contract for the purchase of a product during a cooling-off period of at least 14 days, without providing a reason. The seller may ask the consumer for the reason for the cancellation, but may not require the consumer to provide it.
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The cooling-off period referred to in paragraph 1 begins on the day following the day on which the consumer, or a third party designated in advance by the consumer who is not the carrier, received the product, or:
a. if the consumer ordered multiple products in a single order: the day on which the consumer, or a third party designated by the consumer, received the last product. The merchant may refuse an order comprising multiple products with different delivery times, provided that the merchant has clearly informed the consumer of this prior to the ordering process;
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or part;
c. for contracts involving the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium during a cooling-off period of at least 14 days, without giving any reason. The business may ask the consumer for the reason for the withdrawal, but may not require the consumer to provide it.
4. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the contract.
Extended cooling-off period in the absence of information on the right of withdrawal (products, services, and digital content not provided on a tangible medium):
5. If the business has not provided the consumer with the legally required information regarding the right of withdrawal or the standard withdrawal form, the cooling-off period expires twelve months after the end of the initial cooling-off period set in accordance with the preceding paragraphs of this article.
6. If the business provides the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the initial cooling-off period, the cooling-off period expires 14 days after the day the consumer received that information.
Article 7 – Consumer Obligations During the Cooling-Off Period
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During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The general rule is that the consumer may only handle and inspect the product as they would be permitted to do in a store.
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The consumer is liable for any decrease in the product’s value only if such decrease results from handling that goes beyond what is permitted in paragraph 1.
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The consumer is not liable for any decrease in the product’s value if the business did not provide the consumer, before or at the time the contract was concluded, with all the legally required information regarding the right of withdrawal.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs
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If the consumer exercises their right of withdrawal, they must notify the business within the cooling-off period using the standard withdrawal form or by any other unambiguous means.
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As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the business (or its representative). This is not necessary if the business has offered to pick up the product itself. In any case, the consumer is deemed to have met the return deadline if he or she returns the product before the cooling-off period expires.
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The consumer shall return the product with all accessories provided, if reasonably possible, in its original condition and packaging, and in accordance with the clear and adequate instructions provided by the seller.
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The risk and the burden of proof regarding the proper and timely exercise of the right of withdrawal rest with the consumer.
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The consumer bears the direct costs of returning the product. If the merchant has not specified that the consumer must bear these costs, or if the merchant specifies that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.
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If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, or electricity—which are not ready for sale in limited volumes or in specific quantities—begin during the cooling-off period, the consumer shall owe the contractor an amount proportional to the portion of the obligation performed by the contractor at the time of withdrawal, compared to the full performance of the obligation.
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The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity that are not ready for sale in limited volumes or in a specified quantity, or the supply of district heating, if:
a. the business has not provided the consumer with the legally required information regarding the right of withdrawal, reimbursement of costs in the event of withdrawal, or the standard withdrawal form; or
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period. -
The consumer bears no cost for the full or partial supply of digital content not provided on a tangible medium if:
a. the consumer did not expressly consent, prior to the supply, to the commencement of the performance of the contract before the end of the cooling-off period;
b. they have not acknowledged that they forfeit their right of withdrawal by giving their consent; or
c. the business has not confirmed the consumer’s statement. -
If the consumer exercises their right of withdrawal, all related contracts are automatically terminated.
Article 9 – Obligations of the Contractor in the Event of Withdrawal
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If you notify us of your withdrawal by email, we will send you an acknowledgment of receipt without delay after we receive your notification.
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We will refund all payments you have made, excluding the cost of returning the product, including any shipping charges we may have charged for the returned product. The refund will be issued within 14 days of our receipt of the returned product.
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We will use the same payment method you originally used, unless you expressly agree to a different method. The refund is free of charge for you.
Article 10 – Exclusion of the Right of Withdrawal
The business may exclude the following products and services from the right of withdrawal, but only if it has clearly stated this in the offer, or in any case in a timely manner before the contract is concluded:
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Products or services whose price is linked to fluctuations in the financial market over which the business owner has no control and that may occur during the withdrawal period.
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Contracts concluded at a public auction. A public auction is defined as a method of sale in which goods, digital content, and/or services are offered by the business to the consumer—who is physically present or has the opportunity to be present—under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the goods, digital content, and/or services;
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Service contracts, after the service has been fully performed, but only if:
a. performance began with the consumer’s prior explicit consent; and
b. the consumer has declared that they forfeit their right of withdrawal as soon as the business has fully performed the contract; -
Package tours as defined in Article 7:500 of the Dutch Civil Code and contracts for the transportation of passengers;
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Service contracts relating to the provision of lodging, where the contract specifies a fixed date or period of performance, and other than for residential purposes, the transportation of goods, car rental services, and food service;
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Contracts relating to recreational activities, where the contract specifies a specific date or period of performance;
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Products manufactured according to the consumer’s specifications, not prefabricated, manufactured based on an individual choice or decision by the consumer, or clearly intended for a specific person;
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Products that are prone to rapid spoilage or have a limited shelf life;
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Sealed products that, for health or hygiene reasons, cannot be returned and whose seal has been broken after delivery;
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Products that, after delivery, are irrevocably mixed with other products due to their nature;
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Alcoholic beverages for which the price was agreed upon at the time the contract was concluded, but which cannot be delivered until 30 days later, and whose actual value depends on market fluctuations over which the contractor has no control;
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Sealed audio/video recordings and computer software whose seals were broken after delivery;
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Newspapers, periodicals, or magazines, excluding subscriptions to them;
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Supply of digital content other than on a physical medium, but only if:
a. performance has begun with the consumer’s prior explicit consent; and
b. the consumer has declared that they forfeit their right of withdrawal.
Article 11 – The Price
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During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
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Notwithstanding the preceding paragraph, the contractor may offer products or services whose prices are linked to fluctuations in the financial market over which the contractor has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices are specified in the offer.
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Price increases within 3 months of the contract’s conclusion are permitted only if they result from legal or regulatory provisions.
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Price increases taking effect 3 months or more after the contract is concluded are permitted only if the contractor has stipulated this and:
a. if they result from statutory or regulatory provisions; or
b. if the consumer has the right to terminate the contract as of the day the price increase takes effect. -
The prices listed in the product or service offering include tax.
Article 12 – Performance of the Contract and Additional Warranty
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The contractor warrants that the products and/or services comply with the contract, the specifications set forth in the proposal, reasonable requirements regarding reliability and/or fitness for purpose, and the legal and/or regulatory provisions in effect as of the date the contract is concluded. If agreed upon, the contractor also warrants that the product is suitable for use other than normal use.
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Any additional warranty provided by the contractor, its supplier, the manufacturer, or the importer never limits the legal rights and remedies that the consumer may assert against the contractor under the contract if the contractor has failed to fulfill its obligations.
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An “additional warranty” refers to any commitment made by the contractor, its supplier, importer, or manufacturer, whereby it grants the consumer certain rights or remedies that go beyond what it is legally required to provide in the event of a breach of its obligations.
Article 13 – Delivery and Performance
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The contractor shall exercise the utmost diligence when receiving and fulfilling product orders and when evaluating requests for services.
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The delivery location is the address provided by the consumer to the business.
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Subject to the provisions of Article 4 of these General Terms and Conditions, the contractor will fulfill accepted orders as soon as possible, but no later than 30 days, unless another delivery period has been agreed upon. In the event of a delay in delivery, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. The consumer then has the right to cancel the contract at no cost and is entitled to compensation, if applicable.
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Upon termination in accordance with the preceding paragraph, the contractor shall promptly refund the amount paid by the consumer.
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The risk of damage to and/or loss of the products remains with the contractor until the time of delivery to the consumer or to a representative designated in advance and known to the contractor, unless otherwise expressly agreed.
Article 14 – Contracts of Continuous Performance: Term, Termination, and Extension
Termination:
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The consumer may terminate at any time a contract entered into for an indefinite term and relating to the regular supply of goods (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.
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The consumer may terminate a fixed-term contract for the regular supply of goods (including electricity) or services at any time after the fixed term has expired, provided that the agreed termination rules are followed and a notice period of no more than one month is given.
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The consumer may terminate the contracts referred to in the preceding paragraphs:
. at any time and without being limited to a specific date or period;
. in at least the same manner as that in which they were concluded;
. always with the same notice period as that reserved by the business.
Extension:
4. A contract concluded for a fixed term and relating to the regular supply of goods (including electricity) or services may not be extended or tacitly renewed for a fixed term.
5. Notwithstanding the preceding paragraph, a contract concluded for a fixed term concerning the regular supply of daily newspapers, news publications, weekly publications, and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer may terminate this extended contract at the end of the extension period, with a maximum notice period of one month.
6. A fixed-term contract for the regular supply of goods or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a maximum notice period of one month. The notice period is a maximum of three months if the contract concerns the regular supply—but less than once a month—of daily newspapers, news publications, weeklies, and magazines.
7. A fixed-term contract for the regular supply of daily newspapers, news publications, weekly publications, and magazines on a trial basis (trial or introductory subscription) is not tacitly renewed and automatically terminates at the end of the trial or introductory period.
Term:
8. If a contract has a term of more than one year, the consumer may, after one year, terminate the contract at any time with a maximum of one month’s notice, unless equity and good faith preclude termination before the end of the agreed term.
Article 15 – Payment
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Unless otherwise provided in the contract or in supplementary terms and conditions, amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of services, this period begins on the day following the consumer’s receipt of the contract confirmation.
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In the case of the sale of products to consumers, the consumer may never be required, under the terms and conditions, to pay more than 50% in advance. If an advance payment is agreed upon, the consumer may not assert any rights regarding the fulfillment of the order or the services in question until the agreed-upon advance payment has been made.
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The consumer is required to notify the business immediately of any inaccuracies in the payment information provided or listed.
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If the consumer fails to meet their payment obligations in a timely manner, after having been notified by the contractor of the delay and after the contractor has granted them a 14-day grace period to fulfill their payment obligations, the consumer will be liable, effective the day after receipt of the formal notice, for statutory interest on the outstanding amount, and the business will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs shall not exceed: 15% of the unpaid amounts up to €2,500; 10% of the next €2,500; and 5% of the next €5,000, with a minimum of €40. The contractor may deviate from these amounts and percentages in favor of the consumer.
Article 16 – Complaint Procedure
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The business owner has a complaint procedure that is sufficiently publicized and handles complaints in accordance with that procedure.
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Claims regarding the performance of the contract must be submitted to the contractor within a reasonable time after the consumer has discovered the defects, and must be complete and clearly described.
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Complaints submitted to the contractor will be answered within 14 days of the date of receipt. If a complaint requires a longer processing time, the contractor will respond within 14 days with an acknowledgment of receipt and an indication of the date by which the consumer can expect a more detailed response.
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A complaint regarding a product, a service, or the merchant’s service can also be filed using a complaint form on the consumer page of the Thuiswinkel.org website at www.thuiswinkel.org. The complaint will then be sent to both the merchant in question and Thuiswinkel.org.
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The consumer must give the business at least 4 weeks to resolve the complaint amicably. After this period, a dispute arises and may be subject to the dispute resolution procedure.
Article 17 – Disputes
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Contracts between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. If the business directs its activities toward the country where the consumer resides, the consumer may also invoke the mandatory consumer protection rules of that country.
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Disputes between a consumer and a business regarding the conclusion or performance of contracts relating to products and services to be provided or provided by that business may, subject to the provisions below, be submitted by either the consumer or the business to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
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A dispute will be considered by the Disputes Commission only if the consumer has first submitted a complaint to the business within a reasonable period of time.
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If the complaint does not result in a resolution, the dispute must be submitted to the Dispute Resolution Commission no later than 12 months after the date on which the consumer submitted the complaint to the business, in writing or in any other form determined by the Commission.
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If the consumer wishes to submit a dispute to the Dispute Resolution Board, the business is bound by that decision. Preferably, the consumer should first inform the business of this decision.
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If the business owner wishes to submit a dispute to the Dispute Resolution Commission, the consumer must, within five weeks of receiving a written request from the business owner, indicate in writing whether they agree to this or whether they wish the dispute to be handled by the competent court. If the business does not receive the consumer’s choice within this five-week period, the business is entitled to submit the dispute to the competent court.
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The Disputes Commission renders its decision in accordance with the conditions set forth in its regulations (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Disputes Commission’s decisions are issued in the form of binding opinions.
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The Dispute Commission will not hear a dispute or will cease to hear it if the contractor is granted a stay of payment, is declared bankrupt, or has effectively ceased operations before the dispute has been heard at a hearing and a final decision has been rendered.
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If, in addition to the Thuiswinkel Dispute Resolution Committee, there is another committee recognized by or affiliated with the Foundation for Consumer Dispute Resolution Committees (SGC) or the Financial Services Complaints Institute (Kifid), the Thuiswinkel Dispute Resolution Committee has preferential jurisdiction over disputes primarily concerning the method of sale or the provision of services at a distance. For all other disputes, the other recognized commission affiliated with the SGC or Kifid has jurisdiction.
Article 18 – Industry Warranty
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Thuiswinkel.org guarantees that its members will comply with the binding decisions of the Thuiswinkel Disputes Committee, unless the member decides to challenge the binding decision in court within two months of its notification. This guarantee takes effect again if, following judicial review, the binding ruling is upheld and the judgment confirming it becomes final. Up to a maximum amount of €10,000 per binding ruling, this amount is paid to the consumer by Thuiswinkel.org. For amounts exceeding €10,000, €10,000 is paid, and for the remainder, Thuiswinkel.org undertakes to take the necessary steps to ensure that the member complies with the binding decision.
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To benefit from this guarantee, the consumer must submit a written request to Thuiswinkel.org and assign their claim against the merchant to Thuiswinkel.org. If the claim against the merchant exceeds €10,000, the consumer is offered the option to assign the portion of the claim exceeding €10,000 to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, initiate legal proceedings to obtain payment of that portion on behalf of the consumer.
Article 19 – Supplementary or Derogatory Provisions
Any provisions that supplement or derogate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in a manner that allows the consumer to record them in an accessible form on a durable medium.
Article 20 – Amendments to the Thuiswinkel Terms and Conditions
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Changes to these terms and conditions take effect only after they have been published in an appropriate manner, provided that, in the event of changes applicable during the term of an offer, the provision most favorable to the consumer shall prevail.
Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede
P.O. Box 7001, 6710 CB Ede
Appendix I: Standard Withdrawal Form
Standard Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract)
– To: [contractor’s name] [contractor’s address] [contractor’s fax number, if available] [contractor’s email address]
– I/We* hereby notify you of my/our withdrawal* from the contract regarding:
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: [service description],
I withdraw/we withdraw
– Ordered on*/Received on* [order date for services or receipt date for products]
– [Name of consumer(s)]
– [Consumer(s)' address(es)]
– [Signature of the consumer(s)] (only if this form is submitted on paper)
– [Date]
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Delete the unnecessary information or fill in the appropriate details.
Greenfurbished Supplementary General Terms and Conditions
Article 1 – Greenfurbished
Greenfurbished, located in ’s-Hertogenbosch
Article 2 – Applicability
These supplementary terms and conditions apply to all offers made by Greenfurbished B.V.
To the extent permitted by law, we accept no liability for any indirect losses or damages resulting from the primary damage or deterioration, regardless of the cause, and whether caused by a tort, breach of contract, or otherwise, even if they were foreseeable, including (but not limited to):
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Loss of income or earnings;
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Loss of revenue;
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Loss of profits or contracts;
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Expected savings;
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Data loss; and
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A waste of management or administrative time.
Article 3 – Right of Withdrawal
. Accessories:
The consumer must return the product with all accessories provided, if reasonably possible, in its original condition and packaging, and in accordance with the clear and adequate instructions provided by the business.
. The consumer may withdraw from a contract for the purchase of a product during a 14-day cooling-off period without providing a reason. The merchant may ask the consumer for the reason for the withdrawal but may not require the consumer to provide it.
After inspecting the product, we will inform the consumer whether or not they are entitled to a refund. We will process the refund as quickly as possible, and in any case within 10 business days of receiving the notice of withdrawal.
Article 4 – Delivery
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The risk of damage to and/or loss of the products remains with the contractor until the time of delivery to the consumer or to a representative designated in advance and known to the contractor, unless otherwise expressly agreed.
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The risk of damage and/or loss of returned items rests with the consumer until the time of delivery to Greenfurbished.
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Greenfurbished reserves the right to designate delivery services as contractors.
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We deliver Monday through Saturday, except on holidays. Delivery is made according to the method specified by the customer. If the delivery method changes, the customer must notify us in a timely manner.
Article 5 – How the Consumer Should Ship the Products
The consumer must use the original boxes, instructions/documents, and packaging materials when returning the product or products.
If the consumer no longer has the original box, they must ensure that the device is returned in packaging that provides adequate protection.
The instructions must be provided to the consumer electronically. Failure to follow the instructions may pose risks to the consumer.
Article 6 – Warranty
The warranty covers the device’s functionality. In addition to the statutory warranty, the consumer is entitled to a two-year warranty on the product. This two-year warranty is not transferable to third parties.
However, the following causes are not covered by our warranty:
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Damage caused by drops, pressure, impact, improper use, or moisture. The assessment is always conducted by Greenfurbished employees.
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Damage caused by an external short circuit, such as the use of an inappropriate adapter or car charger.
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A smartphone filled with dust (this can also cause malfunctions).
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If the phone has been opened by a third party, the warranty is void.
Furthermore, no warranty claims may be made: -
in the event of damage caused intentionally or through negligence;
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in the event of improper use or neglect;
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in the event of normal wear and tear;
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in the event of damage resulting from failure to follow or incorrect follow-up of the instructions for use.
Article 7a – Warranty Exclusion in the Event of Impact Damage
The warranty terminates as soon as it is determined that damage is due to a fall, pressure, or impact. This determination must be assessed by a Greenfurbished employee.
The consumer has the right to review evidence of the damage in the form of photos of the damaged device. These photos will be provided to the consumer.
Any damage that occurred before or after the impact damage is also not covered by the warranty, unless the consumer can prove otherwise. The burden of proof rests entirely with the consumer.
Article 7b – Warranty Exclusion in the Event of Damage Caused by Water and Liquids
The warranty terminates as soon as it is determined that there is damage caused by water or other liquids.
The consumer has the right to review evidence of the damage through photos of the damaged device. These will be provided to the consumer.
Any damage that occurred before or after the water or liquid damage—and in any case after the purchase—is also not covered by the warranty, unless the consumer can prove otherwise. The burden of proof rests entirely with the consumer. Greenfurbished is not obligated to apply the general terms and conditions regarding the two-year warranty in this case.
Article 8 – Retention of Title
Ownership of the delivered products is transferred to you upon payment of the amount due. The risk associated with the products is transferred at the time of delivery to the consumer.
Article 9 – Force Majeure
We are not liable for any failure to perform or delay in the performance of our obligations under a contract if such failure or delay is caused by events beyond our control, and which, neither by law, nor by a legal act, nor according to generally accepted principles of social relations, can be attributed to us (“force majeure”).
Article 10 – Written Communication
Applicable regulations require that certain information or communications we send you be provided in writing. By using our site, you agree that communication with us will be conducted primarily by electronic means. We will contact you by email or provide information by posting notices on our site. For contractual purposes, you consent to these electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically satisfy the legal requirement that such communications be in writing. These provisions do not affect your legal rights.