General Order Terms and Conditions

Version 15-8-2023

Below you will find our General Order Terms and Conditions. They always apply when you use our website or place an order through the ordering process on the website. The General Order Terms and Conditions contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these terms and conditions for future reference.

Article 1. Definitions

In these General Order Terms and Conditions, the following definitions shall apply:

The Green Table: the private company with limited liability The Green Table BV, established in (6531 JP) Nijmegen at the address Moeflonstraat 18 and registered with the Chamber of Commerce under registration number 52872149.
Customer: the customer who, whether or not acting in the course of a profession or business, enters into an Agreement with The Green Table and/or has registered on the Website.
Consumer: the Customer not acting in the exercise of a profession or business.
Parties: The Green Table and the Customer jointly.
Agreement means any arrangement or agreement between The Green Table and the Customer, of which the General Order Terms are an integral part.
Product/Products: all items delivered to Customer under the Agreement by The Green Table , such as meals, six-packs and 12-packs.
General Order Terms and Conditions: the present General Order Terms and Conditions published on the Website

Article 2: Applicability of General Order Terms and Conditions

The General Order Terms apply to and form part of every (legal) act related to the preparation, conclusion or performance of the Agreement. The General Order Terms also apply to all subsequent Agreements between the Customer and The Green Table, if the Customer has accepted their validity in previous Agreements with The Green Table .
The applicability of any terms and conditions of the Customer is expressly excluded.
In case specific product or promotional terms apply in addition to these General Order Terms, those terms also apply.
If any provision in the Agreement or General Order Terms is found to be invalid, this shall not affect the validity of the entire Agreement or General Order Terms. In that case, the parties will adopt a new provision to replace it, which as far as is legally possible gives shape to the intention of the original provision.
The Green Table may not always require strict compliance with the General Terms of Order. This does not mean that the provisions do not apply or that The Green Table loses the right to require strict compliance with the General Terms of Order in other cases.

Article 3: Modification of General Terms of Order.

The Green Table reserves the right to modify these General Terms of Order. Amendments shall take effect 30 days after notification of the amendments to the Customer. Non-substantive changes of minor importance may be made at any time and do not require notice.

Article 4. Quotations

Quotations may be made by The Green Table orally or in writing.
All quotes from The Green Table are without obligation. In addition, a quote from The Green Table is valid for up to 30 days after it is sent. If the Customer accepts an offer, The Green Table has the right to revoke the offer within 3 working days of receiving the acceptance.
An offer will expire if the Product to which the offer relates is no longer available in the meantime.
The Green Table cannot be held to quotations if they contain an obvious mistake or clerical error.
If a quotation consists of a composite quotation, The Green Table cannot be obligated to perform any part of the quotation at any part of the price specified in the quotation.
If the acceptance, whether or not on minor points, deviates from the offer included in the quotation, The Green Table is not bound by it. The Agreement will then not be established in accordance with this deviating acceptance, unless The Green Table indicates otherwise in writing.
The contents of all quotation documents - such as descriptions, specifications or images - remain the property of The Green Table. In addition, the quotation documents - for example, regarding quantities, method of packaging and transportation - are as accurate as possible but not binding.

Article 5: Conclusion of Agreement

The Green Table can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If The Green Table has good grounds on the basis of this investigation not to enter into the Agreement, it is entitled to refuse an application or to attach special conditions, such as prepayment, to the implementation. Prepayment is otherwise the norm.
The Agreement comes into effect the moment the Customer has given written or verbal agreement to an offer from The Green Table or the moment The Green Table has started to execute the Agreement without contradiction from the Customer.

Article 6: Customer Obligations.

The Customer shall ensure that all information and data that it or The Green Table believes are necessary in the performance of the Agreement are provided to The Green Table in a timely manner. The Customer is responsible for the accuracy and completeness thereof, even if the information and data originate from a third party. The Green Table is entitled to suspend the performance of the Agreement until such time as the Customer has fulfilled the aforementioned obligation.
If any facts or circumstances occur that the Customer knows or could reasonably know are or could be relevant to the performance of the Agreement, the Customer shall immediately notify The Green Table of those facts and circumstances.
The Customer undertakes to strictly follow the instructions of The Green Table regarding customs clearance of the Products and to provide The Green Table with all relevant documents upon first request, including but not limited to export/import documents from EU member states and/or third countries necessary for entitlement to export refunds or other subsidies.
If the Customer fails to comply with the obligations referred to in paragraphs 1, 2 and/or 3 and this results in additional costs for The Green Table or otherwise causes damage, the Customer is obliged to compensate those costs and damage to The Green Table .

Article 7. Execution of Agreement

The Green Table is entitled to engage third parties in the performance of the obligations arising from the Agreement or to transfer all or part of the obligations arising from the Agreement to third parties.
The Green Table is entitled to deliver Products in parts and to invoice the parts delivered separately.
If a deadline has been agreed or specified for the delivery of Products, it is not a deadline. If a deadline is exceeded, the Customer must give The Green Table written notice of default. This means that the Customer must give The Green Table a reasonable period - at least 14 days - to still meet its obligations.
Delivery of Products shall be made by The Green Table: Ex Works (according to Incoterms 2020), unless the Parties have agreed otherwise in writing.
The Customer is obliged to take delivery of the Products at the time they are made available to him. If the Customer fails to do so - for whatever reason - The Green Table is entitled to store the Products at the Customer's risk. Any resulting costs - such as transport and storage costs - will be borne by the Customer.
The Green Table is entitled to supply a Product of similar quality to the Product ordered, if the Product ordered is no longer available. The Customer shall then be entitled to rescind the Agreement free of charge and return the Product free of charge.

Article 8. Amendment of Agreement.

The Customer may request The Green Table to amend the Agreement. The Green Table is entitled to reject a request to amend the Agreement at any time.
If The Green Table agrees to a request to amend the Customer's Agreement and the Agreement is thereby cancelled in whole or in part, The Green Table is entitled to charge the Customer 50% of the agreed fee for the Products that are cancelled.
If The Green Table agrees to a request to amend the Agreement
from the Customer and the Agreement is thereby supplemented or the Customer purchases other Products with a higher price as a result, The Green Table will make every effort to inform the Customer of the costs involved. The absence of a written order from the Customer or a written quotation from The Green Table regarding supplementing/amending the Agreement shall not affect The Green Table 's claims for payment.

Article 9. Retention of title

All delivered Products remain the property of The Green Table until all claims The Green Table has against the Customer (including any related (collection) costs and interest) are paid in full.
Prior to said transfer of ownership, the Customer is not authorized to sell, deliver, pledge or grant any other right to the Products to third parties. An exception to this is that the Customer may do so if this is done in the normal course of its business, unless a request for (provisional) suspension of payments has been filed by the Customer, a petition for bankruptcy has been filed on behalf of the Customer or the Customer has been declared bankrupt.
The Green Table is entitled to take back the Products delivered under retention of title and still held by the Customer if the Customer does not ensure timely or incomplete payment of the invoices or has or threatens to have payment difficulties.
The Customer shall at all times allow The Green Table free access to its Products for inspection thereof and/or to exercise the rights of The Green Table.

Article 10. Prices

All prices quoted by The Green Table are exclusive of VAT, other government levies, shipping costs and other costs to be incurred in the context of the Agreement, unless the Parties have agreed otherwise in writing. In the event of cross-border delivery of Products, The Green Table will charge VAT and other government levies in accordance with the applicable (international) laws and regulations.
If a price is based on information provided by the Customer and this information turns out to be incorrect, The Green Table has the right to adjust the price accordingly, even after the Agreement has already been concluded.
The Green Table is authorized to increase agreed prices, without the Customer being able to dissolve the Agreement, if the price increase results from a power or obligation under laws or regulations or as a result of an increase in the price of raw materials, materials or wages.

Article 11. Payment

The Green Table is entitled - even if not stated in an offer or Agreement - to require an advance payment, full prepayment or in other form (additional) security from the Customer prior to the performance of the Agreement.
Each invoice is subject to a payment term of 14 days from the invoice date, unless the Parties have agreed otherwise in writing or a different payment term is specified on the invoice.
If the Customer does not meet its payment obligation(s) on time and/or in full, the Customer shall be in default by operation of law. In that case, the Customer must pay the statutory interest and statutory collection costs to The Green Table . In addition, all costs, both judicial and extrajudicial, which The Green Table must incur to collect that which the Customer wrongfully fails to pay, shall be borne by the Customer.
The Green Table has the right to deduct payments made by Customer to The Green Table first from expenses, then from accrued interest and finally from principal and accrued interest.
The Green Table is entitled to suspend performance of the Agreement if the Customer fails to fulfill its payment obligations.
The Customer is obliged to report objections to (the amount of) an invoice to The Green Table in writing and as detailed as possible within 7 days of the invoice date. If the Customer has not made any objections within 7 days of the invoice date, the invoice is deemed to be approved. Objections to an invoice do not suspend the Customer's payment obligation.
All payments shall be made free of any deduction, set-off and/or charges to be borne by The Green Table.

Article 12. Conformity

The Green Table only guarantees that Products comply with the Agreement, the specifications stated in the offer and the Dutch legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
The Green Table inform the Customer to the best of his ability about the Product delivered. The provision of information regarding the characteristics of a Product does not, however, imply that The Green Table issues any guarantee regarding the Product.
For suitability for the purposes proposed by the Customer, The Green Table provides no warranty and The Green Table is not liable unless The Green Table has expressly confirmed suitability for a particular purpose in writing. The Customer is obliged to examine the suitability of the Product for its specific purposes himself. Any liability for any damage that may occur during or as a result of the use of the Product is excluded.

Article 13. Complaint Procedure

If the Customer has a complaint about a Product and/or about other aspects of the service provided by The Green Table, the Customer must report the complaint in writing to The Green Table within 7 days, after the Customer has become aware or could reasonably have become aware
of the complaint. Any complaint should contain as detailed a description of the complaint as possible, so that The Green Table is able to respond adequately.
The Green Table will provide the Customer with a response to their complaint as soon as possible, but in any case within 1 month, after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, The Green Table will confirm the complaint within 1 month, after the receipt of the complaint, and give an indication of the time within which it expects to give a substantive or definitive response to the complaint.
If the Customer files a complaint, this does not suspend his payment obligation(s).
If The Green Table deems that the Customer has justifiably filed a complaint, The Green Table - all at the discretion of The Green Table - will provide an appropriate solution.
If The Green Table judges that the Customer has filed a complaint unjustifiably, the costs incurred as a result - including the investigation costs - on the part of The Green Table will be borne by the Customer.

Article 14. Suspension and dissolution

The Green Table has the right - in addition to its statutory powers of rescission and suspension - to rescind the Agreement and/or suspend performance of the Agreement with immediate effect, if any of the following events occur:
- the Customer does not, does not fully or does not timely fulfill the obligations under the Agreement and/or General Order Terms;
- The Green Table after the conclusion of the Agreement has come to the knowledge of information that gives good grounds to fear that the Customer will not fulfill its obligations;
- a request for the granting of a (provisional) moratorium has been filed by the Customer;
- the Customer has been declared bankrupt or filed for bankruptcy;
- is attached against the Customer;
- a resolution to dissolve and/or liquidate the Customer has been made;
- the Customer otherwise loses the power of disposal or legal capacity with respect to its assets or parts thereof.
  The Customer is obliged to immediately notify The Green Table of the occurrence of an event referred to in subsections c to g.
If The Green Table exercises its termination or suspension powers, all resulting costs and damages incurred shall be borne by the Customer and all claims of The Green Table shall be immediately due and payable.
The Customer waives all rights to full or partial dissolution of the Agreement or full or partial suspension of its (payment) obligations.

Article 15. Personal data

The Green Table processes personal data in accordance with its privacy statement. This can be found on the website of The Green Table.

Article 16. Resale on online marketplaces

The Customer is not permitted to resell Products through online marketplaces - such as but not limited to Amazon, Kijkshop and bol.com - to an end customer, unless The Green Table has given its written consent.

Article 17. Force Majeure

The Green Table is not obliged to fulfill any obligation to the Customer if it is prevented from doing so due to force majeure.
In these terms and conditions, force majeure means - in addition to what is understood in law and jurisprudence - all external causes, foreseen or unforeseen, which The Green Table cannot influence and as a result of which The Green Table is unable to fulfill its obligations, such as pandemics, epidemics, defaults by (suppliers), government measures hindering fulfillment, danger to public health, disruptions to public infrastructure, general transport problems, strikes, war, terrorist attacks, internal unrest or natural disasters.
The Green Table may suspend its obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 2 months, the Parties are entitled to dissolve the Agreement, without any obligation to pay damages to the other party.
If The Green Table has already partially fulfilled or will be able to fulfill its obligations under the Agreement at the time when force majeure occurs, The Green Table is entitled to invoice the part already fulfilled or to be fulfilled. The Customer is obliged to pay this invoice.

Article 18. Liability

Delivery of the Products releases The Green Table from any liability for defects that the Customer had already discovered or could reasonably have discovered at the time of delivery.
The Green Table cannot influence the ultimate use of the delivered Products by the Customer. The Customer is therefore solely responsible for the use of the Products.
The Green Table is not liable for damages caused by The Green Table 's reliance on incorrect and/or incomplete information provided by or on behalf of the Customer.
The Green Table is not liable for damages caused by:
- Failure to comply with a Product's instructions for use and/or (other) manuals;
- Failure to comply or follow instructions from The Green Table regarding a Product;
- incompetent or careless use of a Product;
- use a Product for a purpose other than that for which the Product is intended.
The Green Table is never liable to the Customer for indirect damages, including in any case - but expressly not limited to - consequential damages, lost profits, missed savings, loss of data and damages due to business interruption.
The Green Table may only be liable for direct damage caused by an attributable failure to fulfill the obligation(s) arising from the Agreement. Direct damage means:
- the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to the damage within the meaning of these General Order Terms;
- any reasonable costs incurred to make The Green Table 's defective performance conform to the Agreement;
- reasonable costs incurred to prevent or limit damage, provided that the Customer demonstrates that these costs resulted in limiting direct damage as referred to in these General Terms of Order.
A condition for the creation of any right to compensation is always that the Customer reports the damage in writing to The Green Table as soon as possible, but no later than 30 days, after its occurrence.
The liability of The Green Table is at all times limited to the amount paid out under the liability insurance of The Green Table in the case in question. If for any reason no payment is made under the aforementioned insurance, any liability is limited to a maximum of the amount including VAT invoiced for the Agreement, at least for that part of the Agreement to which the liability relates.
Any liability of The Green Table shall lapse 6 months from the time the Agreement is terminated by delivery, dissolution or otherwise.
The limitations of liability of The Green Table included in these General Order Terms and Conditions do not apply if the damage is due to intent or conscious recklessness of The Green Table.

Article 19. Indemnities

The Customer indemnifies The Green Table against all third party claims related to or arising from the legal relationship existing between The Green Table and the Customer.

Article 20. Final Provisions

If these General Order Terms are formulated in another language, the Dutch version shall prevail in case of any ambiguity, imperfection or contradiction in/due to the translation.
Dutch law applies to the Agreement, even if all or part of an Agreement is executed abroad or the Customer is domiciled there.
In the event of a conflict between any provision of these General
Terms and Conditions and any provision of the UN Convention for the International Sale of Goods (CISG), the provisions of these General Order Terms and Conditions shall prevail.
Unless otherwise prescribed by rules of mandatory law, all disputes that may arise in connection with the Agreement will be submitted to the competent Dutch court in the district where The Green Table is located.
The language of communication in any legal proceedings will be Dutch.
The parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.

Contact details

If you have any questions, complaints or comments after reading these General Order Terms, please feel free to contact us using the contact information below.

The Green Table B.V.
PO Box 31312
6503 CH Nijmegen
Telephone: +31 (0)24 3554407 and +31 (0)6 51587024
E-mail info@thegreentable.eu
Chamber of Commerce number 52872149 Btw number: NL8506.40.581.B01