Article 1 – Scope of application:
The present general terms and conditions of use (hereinafter, “GTC”) are applicable to any order placed by the Customer with Greenmood.
The choice of products and the associated prices are mentioned on the Order Form. Unless expressly waived, signed and mentioned on the Order Form, the GCU exclude all other general and/or particular conditions of the Customer. By signing the Order Form, the Customer’s representative confirms that he/she has the necessary authorizations and powers to validly bind the legal entity he/she represents.
Article 2 – Formation of the contract:
The Customer declares that he/she is capable of contracting under the law of the country in which he/she is located, and certifies that his/her identity and contact details are accurate. Greenmood shall not be liable for any error resulting from incorrect information provided by the Customer. The order is binding on Greenmood only after confirmation by e-mail. Any offer issued by Greenmood is valid for a period of 15 days from the date it is sent to the Customer. After this period, Greenmood does not guarantee the price established in Greenmood, as long as the price has not been paid in full.
The Customer declares that he/she is capable of contracting under the law of the country in which he/she is located, and certifies that his/her identity and contact information are accurate. Greenmood shall not be liable for any error resulting from incorrect information provided by the Customer. The order is binding on Greenmood only after confirmation by e-mail. Any offer issued by Greenmood is valid for a period of 15 days from the date it is sent to the Customer. After this period, Greenmood does not guarantee the price established in Greenmood, as long as the price has not been paid in full.
Article 3 – Delivery:
Greenmood undertakes to make its best efforts to ensure that the delivery is made within the time limits stipulated in the contract. Any delay in delivery shall not give rise to any damages, indemnities or penalties to be paid by Greenmood. Delivery times are given as an indication only and without guarantee. This article applies to the sale of Greenmood products as well as to specific services such as the creation of a green wall, the installation of a divider, or the installation of a personalized logo.
Article 4 – Price – Invoicing – Payment:
Any failure to pay on the due date will automatically incur, without prior notice, a late payment interest of 1% per month until the day of full payment, in addition to a fixed increase of 15% of the unpaid amounts, by way of damages, with a minimum of 100 €. In the event that Greenmood is liable to the purchaser for damages for any reason whatsoever, these shall be limited to the compensation for the damage duly suffered by the purchaser, without exceeding 5% of the price of the goods.
Article 5- Warranty:
5.1 Clause applicable to professional customers
Except for hidden defects, any claim relating to the goods supplied must, under penalty of nullity, be sent to us by registered letter within eight days of their receipt.
5.2 Clause applicable to consumer costumers
The customer acknowledges that he has been correctly informed of the quality, the instructions for use and any specific properties of the goods purchased and, unless otherwise agreed in writing by both parties, acknowledges that these goods are not intended for a use contrary to the purpose of the product. In case of supply of new goods and except for hidden defects, any lack of conformity existing at the time of delivery of the goods and occurring within two years of this delivery must, under penalty of nullity, be notified to us by registered letter at the latest within two months from the day the customer noticed the defect, or within two months from the day he should have known about it. In case of supply of second-hand goods and except for hidden defects, any lack of conformity existing at the time of delivery of the goods and appearing within one year of this delivery must, under penalty of nullity, be notified to us by registered letter at the latest within two months from the day when the customer noticed the defect, or within two months from the day when he should have been aware of it.
The lack of conformity denounced by the customer within the time limits and in the manner specified in this article shall give rise, at our discretion, to the repair of the defective goods or their replacement. If repair or replacement is impossible or disproportionate, we shall offer an appropriate reduction in price or replacement with a compliant item.
5.3 Common provision
Unless otherwise agreed, Greenmood shall never carry out the trellising of climbing plants, watering, pruning of plants, weeding, maintenance & upkeep and other necessary care and supervision after the sale or the work. This maintenance is the responsibility of the Customer, who declares to be duly informed of the maintenance methods relating to certain products. The Customer is informed that due to their vegetable nature, the products may give off a particular plant smell. In no case this smell could be constitutive of any defect of the product, of which the Customer is perfectly informed.
Article 6 – Personal Data:
Each of the parties undertakes to comply with the legislation applicable to the protection of personal data and in particular the European Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data or any other regulation that may replace it. The Customer warrants to Greenmood that it is informed of the use made of the said personal data. In this respect, the Customer guarantees Greenmood against any recourse, complaint or claim from a natural person whose personal data is reproduced or hosted via the Greenmood website. Greenmood shall implement the appropriate technical and organizational measures so that the processing complies with the requirements of the Belgian legislation on the protection of personal data in order to enable the persons concerned to exercise the rights granted to them.
Greenmood will only process personal data upon documented instruction from the controller.
Article 7– Disputes:
Any order placed under these conditions is subject to Belgian law, to the exclusion of any other law. In case of dispute relating to the interpretation, conclusion, execution, termination of the contract or in connection with it, the French-speaking courts of Brussels, Belgium, shall have exclusive jurisdiction.
