Article 1 – Scope
These General Terms and Conditions of Sale (hereinafter, "GTC") apply to all orders placed by the Client with Greenmood.
The choice of products and associated prices are set out in the Purchase Order. Unless expressly agreed otherwise in writing on the Purchase Order, these GTC exclude any other general and/or specific terms and conditions of the Client. By signing the Purchase Order, the Client's representative confirms that they hold the necessary authorisations and powers to validly commit the legal entity they represent.
Article 2 – Formation of contract
The Client declares that they are legally capable of entering into a contract under the law of the country in which they are located and certifies the accuracy of their identity and contact details. Greenmood shall not be held liable for any error resulting from inaccurate information provided by the Client.
The order shall only be binding on Greenmood upon confirmation by e-mail. Any offer issued by Greenmood is valid for 15 days from the date of dispatch to the Client. After this period, Greenmood does not guarantee the initially quoted price as long as the price has not been paid in full.
Article 3 – Delivery
Greenmood undertakes to use its best efforts to meet the delivery deadlines stipulated in the contract. No delay in delivery shall give rise to any damages, compensation or penalties payable by Greenmood. Delivery times are given for information purposes only and without guarantee. This article applies to both the sale of Greenmood products and specific services (creation of a green wall, installation of a divider, custom logo installation, etc.).
Article 4 – Price – Invoicing – Payment
Any failure to pay by the due date shall automatically and without prior formal notice give rise to late payment interest of 1% per month until the date of full payment, in addition to a flat-rate surcharge of 15% of the outstanding amounts as damages (minimum EUR 100).
If, for any reason whatsoever, Greenmood owes damages to the Client, these shall be limited to the repair of the damage actually suffered by the Client and shall not exceed 5% of the price of the goods.
Article 5 – Warranty
5.1 Provision applicable to professional clients
Except for hidden defects, any claim relating to the goods delivered must, under penalty of nullity, be sent to us by registered letter within eight days of receipt.
5.2 Provision applicable to consumers
The Client acknowledges having been properly informed of the quality, instructions for use and any specific properties of the goods purchased and, unless otherwise agreed in writing by the parties, acknowledges that these goods are not intended for use contrary to their intended purpose.
In the case of supply of new goods and except for hidden defects, any defect of conformity existing at the time of delivery and occurring within two years thereof must, under penalty of nullity, be notified to us by registered letter no later than two months from the day the Client discovered or should have discovered the defect.
In the case of supply of second-hand goods and except for hidden defects, any defect of conformity existing at the time of delivery and occurring within one year thereof must, under penalty of nullity, be notified to us by registered letter no later than two months from the day the Client discovered or should have discovered the defect.
A defect of conformity reported within the prescribed time and manner shall, at our discretion, give rise to the repair or replacement of the defective good. If repair or replacement is impossible or disproportionate, we shall offer an appropriate price reduction or replacement with a conforming item.
5.3 Common provision
Unless otherwise agreed, Greenmood does not provide climbing plant training, watering, pruning, weeding, maintenance or any other care and follow-up required after the sale or completion of works. Such maintenance is the Client's responsibility, the Client having been duly informed of the maintenance requirements specific to certain products.
The Client is informed that, due to their plant-based nature, the products may emit a particular vegetal odour. This odour does not in any way constitute a defect of the product, of which the Client is fully aware.
Article 6 – Personal data
Each party undertakes to comply with the applicable legislation on personal data protection and in particular Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and the free movement of such data, or any regulation that may replace it. The Client guarantees Greenmood that they are informed of the use made of said personal data. In this regard, the Client indemnifies Greenmood against any recourse, complaint or claim by any individual whose data may be reproduced or hosted via the Greenmood website.
Greenmood shall implement appropriate technical and organisational measures to ensure that processing operations comply with the requirements of Belgian data protection legislation, and to enable data subjects to exercise their rights.
Greenmood shall process personal data only on documented instructions from the data controller.
Article 7 – Disputes
Any order placed under these terms is governed by Belgian law, to the exclusion of all other law. In the event of any dispute relating to the interpretation, conclusion, performance or termination of the contract, or relating thereto, the French-speaking courts of Brussels (Belgium) shall have sole jurisdiction.
