Terms and Conditions

Terms and Conditions – Hightree Sustainable Art Co.

Version July 2021

 

Index:

Article Article

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion right of withdrawal
Article 11 – The price
Article 12 – Compliance with the agreement and extra guarantee
Article 13 – Delivery and execution
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Ownership
Article 18 – Sustainability
Article 19 – Invalidity
Article 20 – Changes to the Terms

Article 21 – Translations of the Terms

Article 1 – Definitions

In these conditions the following terms have the following meanings:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between those third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
  7. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more techniques for remote communication;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
  12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 – Identity of the entrepreneur

Hightree Sustainable BV, also known under the trade name Hightree Sustainable Art Co. Address: Zwedeweg 26, Enschede, the Netherlands, from here on referred to as Hightree, or Hightree Sustainable Art Co..
E-mail address: info< at> hightreesustainable< dot> com
Phone number: +31 6 87219136
Chamber of Commerce number: 83226273
VAT identification number: NL862779431B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. .

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
  5. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  1. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  2. information about guarantees and existing after-sales service;
  3. the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
  4. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of withdrawal

For products:

  1. The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
    1. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
    2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
    3. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not provided on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium during 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product.
  6. If the consumer withdraws after having first explicitly requested that the provision of the service in a limited volume or certain quantity commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that has been fulfilled by the entrepreneur. at the time of revocation, compared to full fulfillment of the contract.
  7. The consumer bears no costs for the performance of services that have not been made ready for sale in a limited volume or quantity, if:
  • the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
  • the consumer has not expressly requested the start of the performance of the service during the cooling-off period.

The consumer bears no costs for the full or partial delivery of digital content not supplied on a material carrier, if:

  1. he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
  2. he has not acknowledged to lose his right of withdrawal when granting his consent; or
  3. the entrepreneur has failed to confirm this statement from the consumer.
  4. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send a confirmation of receipt as soon as possible after receipt of this notification.
  2. The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, as soon as possible, but within 14 days following the day on which the consumer notifies him of the withdrawal. The entrepreneur may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
  3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Service agreements, after full performance of the service, but only if:
    1. the execution has started with the express prior consent of the consumer; and
    2. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
  3. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  4. The delivery of digital content other than on a tangible medium, but only if:
    1. the execution has started with the express prior consent of the consumer; and
    2. the consumer has declared that he loses his right of withdrawal.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and extra guarantee

The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.

An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .

Article 13 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Payment

Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

Article 15 – Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

Article 16 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 17 – Ownership

All materials on our website, including, without limitation, names, trademarks, brand names, trade names, logos, images, text, videos, photographs, illustrations, sound, music, artwork, products and product descriptions, and all other elements (collectively referred to as ” website content”) are protected by copyrights, trademarks, brand names and/or intellectual property rights owned and/or controlled by Hightree, or third parties authorized by Hightree to do so. The use of this website and/or the purchase of our products does not in any way constitute a transfer of these rights, brand names, trademarks and intellectual property rights. All rights remain with Hightree. In addition, our website and products are intended for personal, non-commercial purposes.

No part of our website content and/or (purchased) products may be copied, reproduced, published, sold, downloaded, posted, shared, transferred or distributed in any way, by any person, without the prior written permission of Hightree.

Article 18 – Sustainability

While we will always strive to implement as much sustainability as possible in our products and operations, Hightree cannot be held responsible in any way for any failure to do so. In addition, no rights can be derived from the term ‘Sustainable’ in the company name or ‘sustainable’ and all related terms and their translations on the website, social media and in the communication with Hightree. No rights can be derived from all further content of the website and social media and any communication. Questions about sustainability can be directed to info< at> hightreesustainable< point> com.

Article 19 – Invalidity

1. In the event that one or more provisions of these Terms are found to be invalid, void or otherwise lose their validity, the remainder of the provisions concerned, as well as all other provisions, shall remain valid and enforceable to the fullest extent permitted within the applicable being legislation.

Article 20 – Changes to the Terms

1. The entrepreneur reserves the right to change these Terms and Conditions at any time. Any changes to the Terms will be posted on the Website. The amended Terms and Conditions come into effect the moment the consumer accepts these Terms (by making a new purchase or during a visit to the website), or

30 days after the consumer has been notified by Hightree Sustainable Art Co. Been notified of the amended Terms.

Article 21 – Translations of the Terms

1. These General Terms and Conditions have been drawn up in Dutch and English. If there is a conflict between the Dutch and English Terms, the Dutch Terms will be binding.

Annex I: Model withdrawal form Model withdrawal form

(only fill in and return this form if you want to revoke the agreement and email to info< at sign> hightreesustainable< dot> com)

– To: Hightree Sustainable Art Co.

– I/We* hereby give notice to you that I/we* have entered into our agreement concerning the sale of the following products:[aanduiding product] * revoke/revoke*

– Ordered on[datum bestelling bij ontvangst producten] *

– Invoice number:[factuurnummer] *

-[Naam consumenten(en)] *

-[Adres consument(en)] ** Strike out what is not applicable or fill in what is applicable.