Terms and Conditions
Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Business
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
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 associated costs
Article 9 – Obligations of the business in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional warranty
Article 13 – Delivery and Performance
Article 14 – Long-Term Transactions: Term, Termination, and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions
Article 19 – Deviating Types or Compositions
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
1. Supplementary agreement: an agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the business or by a third party based on an agreement between that third party and the business;
2. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract for the regular supply of goods, services, and/or digital content over a specified period;
7. Durable medium: any tool—including email—that enables the consumer or business to store information addressed to them personally in a way that allows for future reference or use over a period appropriate to the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
9. Business: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the business and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
11. Means of distance communication: a means that can be used to conclude a contract without the consumer and the business having to be physically present in the same location at the same time.
Article 2 – Identity of the Business
GreenGifts B.V. – vdvelde.com
Albert van ’t Hartweg 1
2665LJ Bleiswijk
Email address: support@vdvelde.com
Chamber of Commerce number: 83333207
VAT ID number: NL862832937B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the merchant and to every distance contract concluded between the merchant 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 merchant will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed at the merchant’s premises and that they will be sent free of charge as soon as possible upon the consumer’s request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 – The Offer
1. If an offer is valid for a limited period or is 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 business 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 on the business.
3. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of 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 fulfills the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the business operator shall observe appropriate security measures for this purpose.
4. The merchant may, within legal limits, ascertain whether the consumer is able to fulfill their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business operator has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its fulfillment.
5. 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 such a manner that the consumer can store it in an accessible way on a durable medium:
6. the street address of the business’s location where the consumer can submit complaints;
7. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
8. information regarding warranties and existing after-sales service;
9. the price of the product, service, or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
10. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model withdrawal form.
1. In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
For products:
1. The consumer may withdraw from a contract regarding the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The merchant may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:
3. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The merchant may, provided that he has clearly informed the consumer of this prior to the ordering process, refuse an order consisting of multiple products with different delivery times.
4. 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 the last part;
3. for agreements regarding the regular delivery of products over a specific 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:
1. The consumer may withdraw from a service contract and a contract for the supply of digital content not supplied on a tangible medium within a 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 state his reason(s).
2. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the contract.
Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if the consumer is not informed of their right of withdrawal:
1. If the business has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
2. If the business has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Consumer Obligations During the Cooling-Off Period
1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be permitted to do in a store.
2. The consumer is only liable for any loss in value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any loss in value of the product if the merchant failed to provide the consumer with all legally required information regarding the right of withdrawal prior to or at the time of concluding the contract.
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Costs
1. If the consumer exercises his right of withdrawal, he must notify the merchant of this within the cooling-off period using the model withdrawal form or by other unambiguous means.
2. 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 required if the business has offered to pick up the product itself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer shall return 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 merchant.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the business has not indicated that the consumer must bear these costs or if the business states that it will bear the costs itself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water, or electricity that has not been made ready for sale in a limited volume or specific quantity begins during the cooling-off period, the consumer owes the business an amount proportional to that part of the obligation that the business has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity, which have not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
8. the business has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
9. 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.
1. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
2. prior to delivery, the consumer has not expressly agreed to the commencement of performance of the contract before the end of the cooling-off period;
3. he has not acknowledged that he loses his right of withdrawal upon giving his consent; or
4. the business has failed to confirm this statement by the consumer.
1. If the consumer exercises their right of withdrawal, all ancillary agreements are automatically terminated.
Article 9 – Obligations of the merchant in the event of withdrawal
1. If the merchant allows the consumer to submit a notice of withdrawal electronically, the merchant shall send a confirmation of receipt without delay upon receipt of such notice.
2. The merchant shall refund all payments made by the consumer, including any delivery costs charged by the merchant for the returned product, without delay but no later than 14 days following the day on which the consumer notifies the merchant of the withdrawal, if the product is damaged or the wrong product was delivered. Unless the merchant offers to pick up the product themselves, they may wait to issue a refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
3. The merchant does not pay the return shipping costs if the product does not meet expectations. In such cases, the return shipping costs are to be paid by the consumer.
4. The merchant uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
5. If the consumer has chosen a delivery method that is more expensive than the cheapest standard delivery, the merchant is not required to refund the additional costs associated with the more expensive method.
Article 10 – Exclusion of the Right of Withdrawal
The merchant may exclude the following products and services from the right of withdrawal, but only if the merchant has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the merchant has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the business to a consumer who is physically present or has the opportunity to be physically present at the auction, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
3. Service contracts, after full performance of the service, but only if:
4. performance has begun with the consumer’s express prior consent; and
5. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
1. Package tours as referred to in Article 7:500 of the Dutch Civil Code and contracts for the carriage of passengers;
2. Service contracts for the provision of accommodation, where the contract specifies a specific date or period of performance and other than for residential purposes, the carriage of goods, car rental services, and catering;
3. Contracts relating to leisure activities, where the contract provides for a specific date or period of performance;
4. Products manufactured according to the consumer’s specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
5. Products that spoil quickly or have a limited shelf life;
6. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
7. Products that, by their nature, have been irrevocably mixed with other products after delivery;
8. Alcoholic beverages for which the price was agreed upon at the time the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the business has no control;
9. Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
10. Newspapers, periodicals, or magazines, with the exception of subscriptions thereto;
11. The delivery of digital content other than on a tangible medium, but only if:
12. performance has begun with the consumer’s express prior consent; and
13. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 – Price
1. During the period of validity 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.
2. Notwithstanding the previous paragraph, the entrepreneur may 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 dependence on fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.
3. Price increases within 1 month of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases starting 1 month after the conclusion of the agreement are only permitted if the business has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement effective as of the day the price increase takes effect.
1. The prices listed in the offer of products or services include VAT.
Article 12 – Performance of the Agreement and Additional Warranty
1. The merchant warrants that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An additional warranty provided by the entrepreneur, its 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 fulfill its part of the agreement.
3. “Additional warranty” means any commitment by the business, its supplier, importer, or manufacturer in which the business grants the consumer certain rights or claims that go beyond what the business is legally obligated to provide in the event that it has failed to fulfill its part of the agreement.
Article 13 – Delivery and Performance
1. The business will exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the business.
3. Subject to the provisions of Article 4 of these General Terms and Conditions, the business will fulfill accepted orders with due diligence but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement at no cost and is entitled to any compensation.
4. Following termination in accordance with the preceding paragraph, the business shall immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products remains with the business until the moment of delivery to the consumer or to a representative designated in advance and made known to the business, unless expressly agreed otherwise.
Article 14 – Long-term contracts: duration, termination, and renewal
Termination:
1. The consumer may terminate a contract entered into for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may, with respect to the agreements referred to in the preceding paragraphs:
– terminate them at any time and not be restricted to termination at a specific time or during a specific period;
– terminate them at least in the same manner as they were entered into by the consumer;
– always terminate them with the same notice period as the business has stipulated for itself.
Renewal:
1. An agreement entered into for a fixed term and intended for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
2. Notwithstanding the preceding paragraph, a contract entered into for a fixed term for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines may be tacitly renewed for a fixed term of up to three months, provided that the consumer may terminate this renewed contract by the end of the renewal period with a notice period of no more than one month.
3. A fixed-term contract for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months if the contract provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and automatically terminates at the end of the trial or introductory period.
Duration:
1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 15 – Payment
1. Unless otherwise specified in the agreement or supplementary 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 a contract for the provision of a service, this period begins on the day after the consumer has received confirmation of the contract.
2. When selling products to consumers, the consumer may never be required in the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been stipulated, the consumer may not assert any rights regarding the fulfillment of the relevant order or service(s) until the stipulated advance payment has been made.
3. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the business.
4. If the consumer fails to meet their payment obligation(s) on time, they shall, after having been notified by the business of the late payment and after the business has granted the consumer a 14-day grace period to fulfill their payment obligations, be liable for statutory interest on the outstanding amount following the failure to pay within this 14-dayperiod, the consumer shall owe statutory interest on the outstanding amount, and the business shall be entitled to charge the extrajudicial collection costs incurred by it. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500, and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.
Article 16 – Complaints Procedure
1. The business operator has a clearly publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints regarding the performance of the agreement must be submitted to the business operator within a reasonable time after the consumer has discovered the defects, and must be fully and clearly described.
3. Complaints submitted to the business will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of its submission, a dispute arises that is subject to the dispute resolution procedure.
Article 17 – Disputes
1. Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Article 18 – Additional or Deviating Provisions
Any provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in such a manner that the consumer can store them in an accessible way on a durable medium.
Article 19 – Different types or compositions
We reserve the right to substitute the plant varieties shown or listed, if necessary, provided that the plants delivered are equivalent in function, appearance, and quality.
The specific varieties we supply may vary depending on the season, availability, and growth characteristics. This applies in particular to curated products such as terrariums or plant kits. We always provide strong, healthy plants that fit the intended aesthetic (such as color, shape, or growth habit), but we cannot guarantee that the varieties will exactly match the images or descriptions on the product page.
Example: In a terrarium with three plants, the arrangement may vary, but the end result is always aesthetically pleasing, functional, and carefully tailored to the product.

