Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Read this carefully. We also advise you to save or print these conditions so that you can read them again at a later date.
Green Phenix: located in Willemstad, Website: the website of Green Phenix, available at https://www.greenphenix.com and all associated subdomains.
Green Phenix is a Curacao limited liability company whose legal name is Geocaching Curaçao N.V.
Customer: the customer who does or does not act in the exercise of profession or business enters into an Agreement with Green Phenix and / or has registered on the Website. Agreement: any agreement or agreement between Green Phenix and Customer, of which agreement the General Terms and Conditions integrally to be a part of.
General Terms and Conditions: these General Terms and Conditions.
Article 1. Applicability of the General Terms and Conditions
1.1. The General Terms and Conditions apply to all offers, Agreements and deliveries of Green Phenix, unless expressly agreed otherwise in writing.
1.2. If the Customer, in his order, confirmation or notification containing acceptance, includes provisions or conditions that deviate from or do not occur in the General Terms and Conditions, these will only be binding on Green Phenix if and insofar as these have been expressly accepted by Green Phenix in writing.
1.3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, these terms and conditions also apply, but in the event of conflicting conditions, the Customer may always invoke the applicable provision that is most favorable to him.
Article 2. Prices and information
2.1. All prices stated on the Website and in other materials originating from Green Phenix include O.B. and, unless otherwise stated on the Website, other levies imposed by the government.
2.2. The displayed prices include shipping costs.
2.3. The content of the Website has been compiled with the utmost care. However, Green Phenix can not guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Green Phenix are therefore subject to apparent programming and typing errors.
2.4. Green Phenix can not be held responsible for (color) deviations due to screen quality.
Article 3. Establishment Agreement
3.1. The Agreement is concluded at the moment of acceptance by the Customer of the Green Phenix offer and compliance with the conditions set by Green Phenix.
3.2. If the Customer has accepted the offer electronically, Green Phenix will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
3.3. If it appears that incorrect data have been provided by Customer when accepting or otherwise entering into the Agreement, Green Phenix has the right to comply with its obligation only after the correct data has been received.
3.4. Green Phenix can inform itself within legal frameworks whether Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If on the base of this investigation Green Phenix has good reasons not to enter into the Agreement, it is entitled to refuse an order or request, or to attach special conditions, such as prepayment, to the execution.
Article 4. Registration
4.1. To make optimal use of the Website, Customer can register via the registration form / account login option on the Website.
4.2. During the registration procedure, Customer chooses a user name and password with which he can log in to the Website after registration. The customer is responsible for choosing a sufficiently reliable password.
4.3. Customer must keep his login details, his username and password strictly confidential. Green Phenix is not liable for misuse of the login data and may always assume that a Customer who logs on to the Website is actually that Customer. Everything that happens through the Customer’s account falls under the responsibility and risk of the Customer.
4.4. If Customer knows or suspects that his login details are in the hands of unauthorized persons, he must change his password as soon as possible and / or notify Green Phenix, so that Green Phenix can take appropriate measures.
Article 5. Execution of the Agreement
5.1. As soon as the order has been received by Green Phenix, Green Phenix will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
5.2. Green Phenix is entitled to engage third parties in the performance of the obligations arising from the Agreement.
5.3. The Website clearly states, in time for the conclusion of the Agreement, how delivery will take place and within which term the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
5.4. If Green Phenix can not deliver the products within the agreed term, it will inform the Customer thereof. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge.
5.5. Green Phenix advises the Client to inspect the delivered products and to report any defects that have been discovered within a reasonable time, preferably in writing. See further the Article regarding warranty and conformity.
5.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to the Customer. If explicitly agreed otherwise, the risk will pass to Customer earlier. If the Client decides to pick up the products, the risk will pass to the transfer of the products.
5.7. Green Phenix is entitled to deliver a similar product of a similar quality as the ordered product, if the ordered is no longer available. Customer is then entitled to terminate the Agreement free of charge and to return the product free of charge.
Article 6. Right of withdrawal
6.1. This article only applies to the Client being a natural person who does not act in the exercise of his profession or business.
6.2. Customer has the right to dissolve the distance contract with Green Phenix within 30 days after receipt of the product, without giving reasons, free of charge.
6.3. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
if Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, received the last shipment or the last part;
to Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
6.4. Only the direct costs for the return shipment will be borne by the Client. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal tariff, Green Phenix gives an estimate of these costs. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer when the entire order is returned.
6.5. Customer will handle the product and packaging carefully within the withdrawal period referred to in paragraph 1. The Customer will only open the packaging and only use the product to the extent that this is necessary to verify the nature, characteristics and functioning of products. The starting point here is that this inspection may not go further than that customer could in a physical store.
6.6. The Customer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in the previous paragraph.
6.7. The Customer may dissolve the Agreement in accordance with the term set out in paragraph 1 of this Article by sending the model form for cancellation (digitally) to Green Phenix, or in another unambiguous manner to notify Green Phenix that he will cancel the purchase. Green Phenxi confirms receipt of that notification in the event of a digital report. After termination, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period referred to in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement of withdrawal is included.
6.8. Amounts paid in advance by the Client will be refunded to the Client as soon as possible, but no later than 14 days after termination of the Agreement, in the same manner as the Customer has paid the order. If Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Green Phenix does not have to repay the additional costs for the more expensive method. Unless Green Phenix offers to pick up the product itself, Green Phenix may wait to pay back until Green Phenix has received the product or until Customer can demonstrate that it has returned the product, whichever is earlier.
6.9. The Website clearly states, in time for the conclusion of the Agreement, whether or not the right of withdrawal and any desired procedure are applicable.
Article 7. Payment
7.1. Customer must pay payments to Green Phenix according to the payment methods specified in the ordering procedure and possibly on the Website. Green Phenix is free in the choice of offering payment methods and these can also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
7.2. If the Customer fails to fulfill his payment obligation on time, after having been notified by the Green Phenix of the late payment, Green Phenix has granted the Client a period of 14 days to still fulfill his payment obligations, after the absence of payment within this 14-day period, the legal interest owed on the outstanding amount and Green Phenix is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, -; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. Green Phenix may deviate from the aforementioned amounts and percentages in favor of the Client.
Article 8. Warranty and conformity
8.1. This article only applies if there is a Customer who does not act in the exercise of his profession or business. If Green Phenix gives a separate warranty on the products, this applies to all types of customers, without prejudice to the just made.
8.2. Green Phenix guarantees that the products 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 specifically agreed, Green Phenix also guarantees that the product is suitable for other than normal use.
8.3. If the delivered product does not comply with the Agreement, Customer must notify Green Phenix within a reasonable period of time after discovering the defect.
8.4. If Green Phenix deems the complaint well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum reimbursement is, with due observance of the Article regarding liability, equal to the price paid by the Client for the product.
Article 9. Warranty for business purchases
9.1. Green Phenix guarantees that the products 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 specifically agreed, Green Phenix also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
9.2. If the delivered product on delivery does not comply with the Agreement, then Customer must notify Green Phenix within 10 days after delivery. If Customer does not do this, he can no longer claim repair, replacement etc, if the product has been delivered faulty.
9.3. If Green Phenix deems the complaint well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Article 10. Complaints procedure
10.1. If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and / or other aspects of the services of Green Phenix, then he can submit a complaint to Green Phenix by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
10.2. Green Phenix will give Customer a response to his complaint as soon as possible, but in any event within 3 days of receipt of the complaint. If it is not yet possible to give a substantive or definitive response, Green Phenix will confirm the complaint within 3 days of receiving the complaint and give an indication of the period within which it expects to give a substantive or definitive reaction to the complaint. Customer’s complaint.
10.3. A customer who does not act in the exercise of his profession or business can also submit a complaint through the European Dispute Resolution Platform, accessible via http://ec.europa.eu/odr/.
Article 11. Liability
11.1. This Article only applies if the Customer is a natural or legal person who acts in the exercise of his profession or business.
11.2. The total liability of Green Phenix towards Customer due to attributable shortcoming in the fulfillment of the Agreement is limited to compensation of at most the amount of the price stipulated for that Agreement (including O.B.).
11.3. Liability of Green Phenix vis-à-vis the Customer for indirect damage, including in any case – but not exclusively – consequential loss, lost profit, missed savings, loss of data and damage due to business stagnation is excluded.
11.4. Apart from the cases mentioned in the previous two paragraphs of this Article, Green Phenix is not liable to the Customer for compensation, irrespective of the grounds on which an action for compensation would be based. However, the limitations mentioned in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Green Phenix.
11.5. The liability of Green Phenix towards the Customer due to attributable shortcoming in the fulfillment of an Agreement only arises if the Customer promptly and without good cause to issue Green Phenix in writing, setting a reasonable period for the purification of the shortcoming, and Green Phenix also after that period in the performance. of its obligations continues to fall short. The notice of default must contain as detailed a description as possible of the shortcoming, so that Green Phenix is able to respond adequately.
11.6. A condition for the existence of any right to compensation is always that the Customer reports the damage to Green Phenix in writing as soon as possible, but no later than 30 days after the occurrence thereof.
11.7. In the event of force majeure, Green Phenix is not obliged to pay compensation for any damage thereby incurred by Customer.
Article 12. Reservation of ownership for Business Purchases
12.1. All delivered goods remain the property of Green Phenix until all claims that Green Phenix has on Commercial Client (including any related (collection) costs and interest) have been paid in full.
12.2. Business Customer is not authorized to sell, deliver or otherwise dispose of these goods, other than in accordance with his normal business and the normal destination of the goods, before the said transfer of ownership. In addition, the Business Client is not permitted to pledge these items or grant third parties any other right as long as the ownership of these items has not been transferred to the Business Client.
12.3. The Business Customer is obliged to carefully store the items that have been delivered under retention of title and as recognizable property of Green Phenix.
12.4. Green Phenix is entitled to take back the goods that have been delivered subject to retention of title and that are still present at the buyer if the Business Client does not take care of the timely payment of the invoices or is or is at risk of payment difficulties.
12.5. Business Client shall at all times grant Green Phenix free access to its affairs for inspection and / or for exercising the rights of Green Phenix.
Article 13. Personal data
Article 14. Final provisions
14.1. Dutch law applies to the Agreement.
14.2. Insofar mandatory rules do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Green Phenix is located.
14.3. If a provision in these General Terms and Conditions proves to be void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) to replace them, whereby the intention of the original provision is given shape as far as legally possible.
14.4. In these General Terms and Conditions “in writing” also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.