General Terms and Conditions
These general terms and conditions apply to all quotations, services, agreements and orders of Green Isolatie B.V., unless otherwise agreed in writing. By using our services or website, you agree to these terms and conditions.
Article 1: Definitions
In these General Terms and Conditions, the following definitions apply:
- Greenisolatie: the party using these general terms and conditions.
- The Customer: a legal entity or individual who enters into an agreement with Greenisolatie, requests a quotation from Greenisolatie or enters into negotiations with Greenisolatie to conclude an agreement for services provided by Greenisolatie.
Article 2: Applicability of these General Terms and Conditions
- Unless otherwise agreed in writing, these General Terms and Conditions apply to and form an integral part of all offers and agreements under which Greenisolatie supplies products and/or services of any kind and under any designation to the Customer, all agreements entered into with Greenisolatie and all negotiations prior to entering into an agreement, including where the agreement concerns products and/or services that are not described, or not described in further detail, in these Terms and Conditions.
- Greenisolatie expressly rejects the application of any terms and conditions other than these General Terms and Conditions to agreements entered into with Greenisolatie.
- Deviations from and/or additions to these General Terms and Conditions are valid only if expressly agreed in writing by the duly authorised person.
- If any provision of these General Terms and Conditions is void or annulled, the remaining provisions of these General Terms and Conditions will remain in full force and effect.
- Greenisolatie is entitled to amend these terms and conditions at any time. The amended terms and conditions will apply from the moment Greenisolatie notifies the Customer of the amendment in writing. Amendments do not apply to agreements already concluded with consumers, unless the amendment arises from legislation or regulations or is exclusively to the consumer's advantage.
- If Greenisolatie does not always require strict compliance with these terms and conditions, this does not mean that their provisions do not apply or that Greenisolatie loses the right to require strict compliance with those provisions in other cases.
- If the Customer has previously entered into an agreement with Greenisolatie to which these general terms and conditions applied, the Customer is deemed to tacitly agree to their application to subsequent agreements.
Article 3: Offer and confirmation
- All offers, quotations, price lists and similar documents issued by Greenisolatie are non-binding and valid for fourteen (14) days from their date of issue, unless the documents specify a different validity period.
- Any subsidies, potential subsidy options, tax benefits or other financial support mentioned by the Contractor are indicative only. The Contractor does not guarantee that the Customer is eligible for any scheme or that an application will be approved. The risk of rejection, amendment or termination of a scheme rests entirely with the Customer. The Customer must submit the application themselves. Greenisolatie accepts no liability in this regard.
- Greenisolatie is only bound once it has confirmed an order in writing. Greenisolatie is also deemed to have accepted an order and/or an agreement will be deemed to have been concluded between the parties once Greenisolatie has begun carrying out an order placed, delivered one or more ordered products to the Customer or provided services to the Customer.
- Verbal commitments made by, or agreements reached with, employees or representatives of Greenisolatie, insofar as they differ from written offers, order confirmations or these General Terms and Conditions, are binding on Greenisolatie only after written confirmation by the management of Greenisolatie.
- The Customer guarantees the accuracy and completeness of the information supplied to Greenisolatie by or on behalf of the Customer on which Greenisolatie bases its offer. Information shown in illustrations, catalogues, websites, quotations and similar materials is not binding on Greenisolatie unless expressly stated otherwise.
- Greenisolatie reserves the right to refuse orders without giving reasons before an agreement has been concluded.
- Greenisolatie cannot be held to a quotation if the Customer can reasonably be expected to recognise that the quotation, or any part of it, contains an obvious error or clerical mistake.
- A quotation covering several elements does not oblige Greenisolatie to carry out part of the work for a corresponding proportion of the quoted price. If only part of a quotation is accepted, Greenisolatie has the right to revise the price and terms based on the amended scope of the work.
Article 4: Prices
- All prices for Customers who are not consumers exclude VAT and any other taxes and duties levied or introduced in respect of the supply or service, unless expressly agreed otherwise in writing. These taxes and duties will be charged to the client.
- If the Customer is a consumer, the price includes VAT, other taxes, duties levied or introduced in respect of the delivery or service, and other government charges, and is based on the cost factors applicable at that time.
- Unless expressly stated otherwise in the quotation or expressly agreed otherwise, travel time, travel and accommodation expenses, additional hours and other special costs associated with the work are not included in the prices and rates. Where these costs are not included, Greenisolatie may charge for them separately.
- Greenisolatie's offers and the price agreed between Greenisolatie and the Customer are based on the pricing factors applicable at the time of the offer or agreement. If any of these factors increase before or during the performance of the agreement, Greenisolatie is entitled to pass on any resulting increase in costs or prices to the Customer.
- If the originally agreed price is increased by more than ten per cent (10%), the Customer has the right to terminate the contract. Notice of termination must be given in writing within one month of Greenisolatie notifying the Customer of the price increase. If the Customer is a consumer, the right to terminate also applies to any price increase within three months of entering into the contract, regardless of the amount of the increase.
- An available budget communicated by the Customer to Greenisolatie shall never constitute a (fixed) price agreed between the Parties for the work to be performed by Greenisolatie. Greenisolatie is only obliged to inform the Customer if a preliminary estimate or budget issued by Greenisolatie is likely to be exceeded where the Parties have agreed to this in Writing.
- If no fixed price is agreed, the price of the contracted work will be determined on the basis of the hours actually worked. The price will be calculated using Greenisolatie's standard hourly rates applicable during the period in which the work is carried out, unless a different hourly rate has been agreed in writing.
Article 5: Payment
- The Customer must pay Greenisolatie's invoices within fourteen (1) days of the invoice date, without any set-off or right to suspend payment, unless the parties have agreed on different payment arrangements. This is a strict deadline, and the Customer (unless they are a consumer) is automatically in default if they fail to meet their payment obligations within the specified period.
- If the Customer (other than a consumer) fails to pay on time, they will automatically owe Greenisolatie interest on the outstanding amount at 1% per month, starting no later than fourteen (1) day after the invoice date, with any part of a month counting as a full month.
- All amounts owed by the Customer to Greenisolatie shall become immediately due and payable, without notice of default or demand for payment, if the Customer has failed to pay one or more other invoices within the specified period and is in default.
- In addition to the amounts due under the invoices issued, Greenisolatie is entitled to recover all costs incurred as a result of the Customer's failure to pay or late payment. These costs include, in any event, costs arising from legal proceedings and out-of-court collection costs. Greenisolatie has the right to refer its claim to a third party for collection. If Greenisolatie does so, the Customer must pay the associated out-of-court collection costs, amounting to 15% of the total claim, with a minimum of € 500,- per claim. This paragraph applies exclusively to agreements with business Customers.
- If payment is not obtained through out-of-court collection and Greenisolatie proceeds to recover the debt through the courts, the Customer must reimburse all legal and litigation costs actually incurred by Greenisolatie, including the actual costs of a legal adviser, bailiff, lawyer, court, etc. This clause applies exclusively to agreements with Business Customers.
- If the Customer is a consumer, statutory interest will be charged from the invoice due date, notwithstanding the provisions of the preceding paragraphs. If the Customer is a consumer, out-of-court debt collection costs will be charged in accordance with the BIK scale under the Dutch Decree on Compensation for Out-of-Court Debt Collection Costs, and will only become payable once the consumer is in default (following a demand letter allowing fourteen days for payment).
- Any objections to the amounts charged must be submitted to Greenisolatie in writing within thirty (30) days of the invoice date. After this period, the Customer is deemed to have accepted the invoice amount and its breakdown. Failure to object within thirty days does not affect consumers' statutory rights.
- Greenisolatie is entitled at any time, including after the agreement has been concluded, to require the Customer to make full or partial payment in advance, pay a deposit, pay in cash or provide security for payment. If the Customer fails to comply, Greenisolatie is entitled, without prior notice of default, to cease further deliveries or suspend the performance of its obligations, without prejudice to its right to compensation for loss or damage or any other statutory rights available to Greenisolatie.
- Payments made by the Customer shall first be applied to settle all interest and costs due, and then to the longest-outstanding invoices that are due for payment, even if the Client states that the payment relates to a later invoice.
Article 6: Delivery or completion times, obligations of the Customer, handover
- Greenisolatie aims to carry out the work according to the stated schedule and using sustainable materials. Unless otherwise agreed in writing, however, time limits specified by Greenisolatie are not strict deadlines. Greenisolatie will inform the Customer of any changes to the schedule as soon as possible.
- Failure to meet an agreed deadline does not entitle the Customer to compensation, unless otherwise agreed in writing or unless there is wilful misconduct, deliberate recklessness or an entitlement under mandatory consumer rights.
- Greenisolatie is entitled to deliver an order in full or in parts as the goods become available. Where delivery is made in parts, Greenisolatie is entitled to invoice each part separately and require payment in accordance with the applicable payment terms. If delivery takes place in stages, Greenisolatie may suspend work on any subsequent stage until the Customer has approved the results of the preceding stage in writing.
- If, during the performance of the agreement, it becomes apparent that an amendment or addition is necessary for its proper performance, the parties will amend the agreement in a timely manner and by mutual consultation. If the nature, scope or content of the agreement is changed, whether or not at the request or instruction of the Customer, the competent authorities or others, and this results in a qualitative and/or quantitative change to the agreement, this may also affect what was originally agreed. As a result, the originally agreed amount may be increased or reduced. Greenisolatie will provide a quotation for this in advance wherever possible. An amendment to the agreement may also change the originally stated timeframe for completion. The Customer accepts the possibility of amendments to the agreement, including changes to the price and timeframe for completion.
- The Customer must ensure that the site where the work is to be carried out is easily accessible, safe and free of obstructions, so that the work can proceed without hindrance. If this is not the case, Greenisolatie may charge for any resulting additional work and costs. The Customer must provide complete and accurate information about the site in advance, including details of pipes, cables or other concealed services. Greenisolatie cannot be held liable for any damage arising from the Customer's failure to fulfil this duty to disclose information.
- The Customer must ensure that the necessary utilities, such as electricity, water and, where applicable, gas, are available while the work is being carried out. If additional facilities or equipment are required to carry out the work safely, the associated costs may be charged.
- The Customer may change or cancel an appointment with Greenisolatie free of charge by giving at least 48 hours' notice. For cancellations made after this time, Greenisolatie reserves the right to charge for costs it can substantiate.
- Greenisolatie reserves the right to reschedule an appointment in the event of extreme weather conditions or other circumstances beyond its control.
- If unforeseen circumstances arise during the work, causing delays or additional costs, Greenisolatie will inform the Customer. Reasonable additional costs directly related to these circumstances may be passed on to the Customer.
- Changes to the agreed work may affect the price and schedule. If this occurs, the parties will consult with each other and agree on an amended contract.
- Dimensions are followed as carefully as possible. Minor variations in dimensions or material usage, with a tolerance of approximately 1 to 2 cm, may occur and do not entitle you to a price adjustment or compensation. Indications of cavity widths or similar measurements are based on existing conditions and may vary due to circumstances on site.
- Once the work is finished, it is deemed to have been completed and handed over.
Article 7: Defects and time limits for complaints
- The Customer undertakes to inspect the installation and/or delivery immediately. Following this inspection, the work sheet and/or delivery note must be signed. This signature confirms that the installation and/or delivery has been completed in accordance with the agreement. The signature confirms only the visible aspects of the work and/or goods at handover and does not affect consumers' statutory rights.
- The Customer must ensure that any shortages and/or damage to supplied goods are recorded immediately on the delivery note, work sheet and/or transport documents, failing which complaints relating to these matters will no longer be considered. Any complaints or comments regarding quality must be submitted to Greenisolatie in writing, with supporting details, as soon as possible, but no later than fourteen (14) days after the date of completion. If the Customer is a consumer, notification within two months of discovering the defect is considered timely. If Greenisolatie has not received any complaint or comments within the specified period, the Customer is deemed to have unconditionally accepted the completed work or supplied goods.
- Complaints about product defects that are not immediately visible on external inspection must be received by Greenisolatie in writing, with supporting evidence, within fourteen (14) days of the defect becoming apparent or of the date on which it could reasonably have been discovered, but no later than two months after delivery of the products.
- The Customer's right to complain expires if the purchased goods have been wholly or partly processed or incorporated into the works. Goods installed or incorporated into the works are deemed to have been approved by the Customer, who will no longer have any right to complain about them. This does not affect consumers' statutory rights in respect of non-conformity.
- In the event of a complaint, the Customer must always give Greenisolatie the opportunity to investigate the complaint and, where necessary, carry out remedial work.
- Submitting a complaint does not entitle the Customer to suspend their payment obligations to Greenisolatie or to exercise a right of set-off. This paragraph does not apply to consumers to the extent that it conflicts with mandatory law.
- If a complaint is found to be justified, Greenisolatie is only obliged to replace, complete or remedy the defective work or goods supplied, unless this has become permanently impossible. In that case, Greenisolatie's obligation is limited to crediting an amount equal to the invoiced value of the contracted work, or the part of that work to which the complaint relates. Consumers' statutory rights in the event of non-conformity remain unaffected.
- If a complaint is found to be unfounded, all costs incurred by Greenisolatie as a result, including investigation costs, will be borne in full by the Customer.
- By way of derogation from the statutory limitation periods, the limitation period for all claims and defences against Greenisolatie and any third parties engaged by Greenisolatie in the performance of an agreement is one year. For consumers, the mandatory statutory provisions apply.
Article 8: Confidential information
- The parties are obliged to maintain confidentiality in respect of all information and data they receive from each other, unless disclosure of such information and/or data is required by law. Neither party may, without the other party's prior express consent, in any way, directly or indirectly, disclose or cause to be disclosed any information and/or data relating to the other party, or make such information and/or data available to a third party.
- Information and data will in any event be treated as confidential if either party has designated them as such.
Article 9: Retention of title and reservation of rights
- All products supplied to the Customer shall remain the property of Greenisolatie or its suppliers or subcontractors until all relevant amounts owed by the Customer for products supplied or to be supplied, or work performed or to be performed under the agreement, as well as the amounts referred to in article 4 and article 5, including interest and recovery costs, have been paid in full to Greenisolatie.
- Greenisolatie is authorised to repossess, or arrange for the repossession of, goods supplied under retention of title without any court intervention, formal demand or notice of default. This right applies in particular, but not exclusively, if the Customer has applied for or been granted a suspension of payments, if a petition for the Customer's bankruptcy has been filed or the Customer has been declared bankrupt, or if the Customer enters into or has entered into any payment arrangement with any of its creditors.
- If Greenisolatie wishes to repossess the goods in accordance with Article 9.2, the Customer must grant Greenisolatie access to the premises where the goods are located for that purpose. The Customer is liable for all costs associated with repossessing and storing the goods. Greenisolatie is only obliged to deliver the goods again once it has been paid in full or adequate security has been provided for its claim(s). Business Customers must cooperate, subject to a penalty of € 500,– for each day they fail to do so. Consumer Customers must pay reasonable compensation for any loss actually suffered. Repossession by Greenisolatie does not terminate the agreement unless Greenisolatie has notified the Customer to that effect.
- Until ownership has passed to the Customer, the Customer is not entitled to transfer ownership of the goods to third parties or, by any agreement or act, to grant third parties a pledge or any other security interest over the goods in the broadest sense, unless such disposal or transfer takes place in the ordinary course of business in accordance with Article 9.2.
- The Customer must immediately notify Greenisolatie if third parties claim rights over goods supplied by Greenisolatie to the Customer while any amount remains payable by the Customer to Greenisolatie. In such cases, Greenisolatie is entitled to collect or arrange collection of the goods concerned from the Customer, repossess them and store them elsewhere.
Article 10: Risk
- The risk of loss, damage or any other reduction in value of the products that have been or are supplied by Greenisolatie to the Customer passes to the Customer when they come under the effective control of the Customer or a person engaged by the Customer.
- If the Customer fails to fulfil any of their obligations, Greenisolatie is entitled to reclaim as its property any goods supplied for which full payment has not been received, whether held by the Customer or by third parties following onward supply as referred to above, without prejudice to Greenisolatie's right to full compensation for damages.
Article 11: Intellectual property rights
- All intellectual property rights in machinery, equipment, structures, installations, drawings, calculations, descriptions, models, designs, photographs and other images, and technical descriptions developed or made available under the agreement by or on behalf of Greenisolatie shall vest exclusively in Greenisolatie, its licensors or the relevant manufacturer. The Customer acquires only those rights of use and permissions expressly granted under these terms and conditions or otherwise.
- The Customer is not permitted to make intellectual property rights available to third parties, reproduce them or make or commission copies of them, unless and to the extent that Greenisolatie has given prior written consent.
Article 12: Liability and indemnity
a. consequential loss; b. loss of turnover or profit; c. loss of anticipated savings; d. business losses or losses due to business interruption; e. loss of data, files or orders; f. loss resulting from delay; g. damage to goodwill or reputation.
Greenisolatie is also not liable for loss or damage arising:
- Greenisolatie is liable only for direct loss or damage resulting directly from a failure to perform the agreement that is attributable to Greenisolatie. All liability for indirect loss or damage is excluded, except in cases of intent or deliberate recklessness on the part of Greenisolatie or its management. Indirect loss or damage includes, but is not limited to: a. consequential loss; b. loss of revenue or profit; c. loss of anticipated savings; d. business losses or losses due to interruption; e. loss of data, files or orders; f. loss or damage resulting from delays; g. damage to goodwill or reputation. Greenisolatie is also not liable for loss or damage arising: a. from improper or inappropriate use of the goods supplied; b. from incorrect or incomplete information provided by the Customer; c. from work or actions by third parties engaged by or on behalf of the Customer; d. from persons assisting in the performance of the agreement, subcontractors or equipment and materials used, except in cases of intent or deliberate recklessness on the part of Greenisolatie. The limitations of liability set out in this article do not apply to loss or damage caused by intent or deliberate recklessness on the part of Greenisolatie and do not affect mandatory consumer rights.
- Greenisolatie aims to work as tidily as possible, but is not liable for damage caused by drilling debris, overspray, masking residue, sealant residue, sealant remover, harsh cleaning products, sanding dust, leftover materials or other causes of permanent stains, scratches or minor damage. The Customer accepts the risk of colour variations, chemical reactions, cement haze, small amounts of residual material and/or minor damage that cannot be completely remedied. The Customer accepts the risk of damage to or deterioration of paving, plants, fencing, gardens, vegetation and trees as a result of the work.
- Greenisolatie is not liable for damp and/or mould growth or changes in sound transmission in rooms resulting from changes in moisture, airflow and heat regulation and balance. The Customer is responsible for properly ventilating rooms.
- If Greenisolatie uses the services of third parties outside the company when performing agreements, Greenisolatie accepts no liability for delays caused by strikes, business closures, bankruptcy, suspension of payments or any other business disruption affecting those third parties.
- Greenisolatie's liability shall never extend beyond replacing or repairing defective goods and/or repeating or completing the agreed work. If, under its warranty obligations, Greenisolatie replaces goods it has supplied and/or repeats or completes the agreed work, the Customer must make the item or location to be worked on freely accessible and/or clear. If Greenisolatie so requests, the Customer must arrange for the items to be replaced to be dismantled at the Customer's own expense. Consumers' statutory rights to a price reduction, termination of the agreement and compensation remain unaffected.
- Greenisolatie is not liable for consequential loss suffered by the Customer or third parties. For consumers, this limitation does not apply to loss or damage for which liability cannot be excluded under mandatory law.
- Subject to the other provisions of this article, the Customer shall be liable for all damage covered by this article to the extent that the Customer is at fault, and shall indemnify Greenisolatie against all claims that third parties may bring against Greenisolatie in this respect.
- The total liability of Greenisolatie, on any grounds whatsoever, is limited to compensation for direct loss or damage up to the price paid under the relevant agreement. This limitation does not apply to loss or damage suffered by consumer Customers as a result of intentional misconduct or deliberate recklessness, to personal injury, or to liability that cannot be limited under mandatory law.
a. through improper or inappropriate use of the goods or services supplied; b. through incorrect or incomplete information provided by the Customer; c. through work or actions by third parties engaged by or on behalf of the Customer; d. through assistants, subcontractors or equipment used, except in cases of wilful misconduct or deliberate recklessness on the part of Greenisolatie.
The limitations of liability set out in this article do not apply to damage caused by intent or deliberate recklessness on the part of Greenisolatie and do not affect mandatory consumer rights.
Article 13: Additional work
- Additional work means all work and supplies requested by the Customer that are not included in Greenisolatie's quotation, as well as all changes to the agreement requested by the Customer.
- Additional work and omissions shall in any event include: changes to the scope of the items to be supplied; deviations from agreed provisional sums and from quantities subject to adjustment and/or estimated quantities; and the circumstances specified in these General Terms and Conditions.
- If Greenisolatie wishes to accept the additional work requested, it will, where possible, confirm this to the Customer in writing as soon as possible, stating the price. The agreement to carry out the additional work is concluded if the Customer fails to notify Greenisolatie within seven (7) days of the date of the confirmation that they do not wish to proceed with the additional work.
- If the circumstances, including the urgency or nature of the work to be carried out, do not allow additional work to be recorded in writing in advance, that additional work will be deemed to have been agreed between the parties if Greenisolatie has begun carrying it out at the Customer's request.
- The agreement for additional work is subject to the same General Terms and Conditions and provisions as the original agreement, unless the parties have agreed otherwise in writing.
- If Greenisolatie refuses to carry out additional work, the Customer is not entitled to suspend, terminate or dissolve the original agreement between the parties.
- Additional work will be charged based on the pricing factors applicable at the time the additional work is carried out.
Article 14: Provision of security
- If Greenisolatie considers that there are grounds to do so, it is entitled at any time to require the Customer to provide security, in a form determined by Greenisolatie, for the fulfilment of their payment obligations to Greenisolatie. This security may take the form of a bank guarantee provided by the Customer in favour of Greenisolatie.
- The Customer must provide security within fourteen (14) days of a written request from Greenisolatie. If the security referred to in paragraph 1 is not provided on time or at all, Greenisolatie is entitled to suspend performance of the agreement or to terminate the agreement in whole or in part without court intervention and, if it so chooses, to claim damages.
Article 15: Guarantee
- Greenisolatie only acknowledges warranty obligations if and to the extent that they have been expressly agreed in writing, and provided that the Customer strictly complies with the maintenance provisions of the agreement.
- The guarantee only applies if the Customer has fulfilled all obligations to Greenisolatie arising from the agreement. This does not affect consumers' statutory rights.
- Floor insulation, cavity wall insulation, crawl space ground insulation, insulating glazing, roofs and window frames are covered by a 10-year guarantee, unless otherwise stated.
- The warranty does not apply if the supplied goods have not been used for their intended purpose or in accordance with the instructions for use, if alterations or repairs have been carried out without Greenisolatie's permission, or if third parties have carried out work on the supplied goods without consulting and/or obtaining permission from Greenisolatie. The warranty also ceases to apply in cases of improper use, inadequate maintenance, normal wear and tear or damage caused by external factors.
Article 16: Force majeure, suspension
- For the purposes of these General Terms and Conditions, force majeure includes (in addition to the circumstances recognised by law and case law): fire, theft, civil unrest, riots, strikes, occupation of business premises, operational disruptions, failure of communication or telecommunications facilities, cyberattacks, power outages, war, severe weather, flooding, epidemics, breach of contract or delay on the part of a supplier, restrictive measures imposed by any government authority, permits not being available in time and, in general, all external causes, whether foreseeable or unforeseeable, beyond Greenisolatie's control that prevent Greenisolatie from fulfilling its obligations.
- If force majeure prevents performance of the contract between the parties, both Greenisolatie and the Customer are entitled, without court intervention, either to suspend performance of the contract or to terminate it in whole or in part.
- If Greenisolatie has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfil its obligations, it is entitled to invoice separately for the part already performed or capable of being performed, and the Customer must pay that invoice.
- If performance of the contract is suspended due to force majeure, or if Greenisolatie or the customer terminates the contract in the event of permanent force majeure, in accordance with these General Terms and Conditions, Greenisolatie is not liable to pay any compensation for damages.
- Except in the cases provided for in these general terms and conditions, the Customer is not entitled to suspend performance or exercise a right of set-off. For Customers who are consumers, this applies only to the extent permitted by law.
Article 17: Withdrawal
– are manufactured or modified to the Customer's specifications, or – are clearly personalised, or – by their nature are unsuitable for return,
then the right of withdrawal may be excluded under Article 6:230p sub f of the Dutch Civil Code.
In that case, the right of withdrawal lapses once the Customer has expressly consented, before entering into the agreement, to the manufacture or execution of the bespoke work and has acknowledged that this will result in the loss of the right of withdrawal. If Greenisolatie has started providing services (such as insulation work) within the withdrawal period, with the Customer's express prior consent, and the Customer has declared that they waive the right of withdrawal upon full performance, the right of withdrawal lapses once the agreement has been fully performed. In that case, if the Customer withdraws before completion, they must pay a proportionate amount for the work already carried out.
- If the contract between Greenisolatie and the Customer is concluded remotely (for example, online or by telephone), a Customer acting as a consumer has the right to cancel the contract (withdraw) within 14 days without giving a reason.
- The cancellation period expires 14 days after the day on which the agreement is concluded.
- To exercise the right of withdrawal, the Customer must inform Greenisolatie of their decision to withdraw from the agreement by means of an unequivocal statement (for example, in writing by email). The Customer may use the model withdrawal form provided by Greenisolatie for this purpose, but is not obliged to do so.
- If the Customer has requested that work begin during the withdrawal period, and Greenisolatie has performed all or part of the contract, the Customer must pay a proportionate amount for the work carried out and/or materials supplied up to the time of withdrawal.
- Where an agreement concerns the supply of goods that are: – manufactured or modified to the Customer's specifications, or – clearly personalised, or – by their nature unsuitable for return, the right of withdrawal may be excluded under Article 6:230p, subsection f, of the Dutch Civil Code. In that case, the right of withdrawal lapses once the Customer has expressly consented, before entering into the agreement, to the manufacture or execution of the bespoke work and has acknowledged that this will result in the loss of the right of withdrawal. If Greenisolatie has begun providing services (such as insulation work) during the withdrawal period with the Customer's express prior consent, and the Customer has declared that they waive the right of withdrawal following full performance, the right of withdrawal lapses once the agreement has been fully performed. In that case, if the Customer withdraws before completion, they must pay a proportionate amount for the work already carried out.
- The right of withdrawal expires entirely once the agreement has been performed in full, provided that the Customer has expressly consented in advance to performance beginning during the withdrawal period and has declared that they waive their right of withdrawal upon full performance.
- Any payments already received will, where applicable, be refunded within 14 days of receipt of the notice of cancellation, less the aforementioned charge for work already carried out.
- Before the agreement is concluded, Greenisolatie clearly informs the Customer of the existence of the right of withdrawal, its conditions and any exceptions. Before accepting the agreement, the Customer acknowledges this information on a durable medium (such as by email or in the quote).
Article 18: Termination
- Without prejudice to its other rights, Greenisolatie is entitled to terminate the agreement in whole or in part with immediate effect, without court intervention and without any requirement for written notice of default, if the Customer: has applied for or been granted a suspension of payments; has been declared bankrupt or a bankruptcy petition has been filed; has failed to fulfil an obligation under the agreement for reasons attributable to the Customer; or if the Customer, following written notice of default and a reasonable period to remedy the breach, fails to fulfil essential obligations for reasons attributable to the Customer.
- All amounts owed or becoming owed to Greenisolatie by the Customer at that time shall become immediately due and payable in full.
Article 19: Subsidy support package
- The Subsidy Support Package only takes effect once the customer has paid all agreed invoices in full.
- Greenisolatie handles the subsidy application on behalf of the customer and provides support throughout the application process to the extent that it is able to do so.
- The customer must provide all required information, documents and any additional details in good time. In some cases, the customer's active cooperation is necessary to submit the subsidy application successfully.
- If it subsequently becomes apparent that the customer has already used a subsidy or scheme that makes them ineligible for the subsidy in question, the Subsidy Support Package will no longer apply, and Greenisolatie cannot be held liable for this.
- Greenisolatie is not responsible for situations in which a subsidy funding limit has been reached, a scheme is discontinued or insufficient funding has been made available by the subsidy provider.
- If a subsidy application is definitively rejected as a direct result of a demonstrable error by Greenisolatie, including incorrect calculations or incorrect application of the subsidy conditions, Greenisolatie will compensate the customer for 50% of the calculated subsidy amount stated in the quotation. This compensation applies only if: the rejection is final; the rejection is solely due to an error by Greenisolatie; the customer has fully met their obligations to cooperate and provide information.
- In almost all cases, subsidies are paid retrospectively by the subsidy provider. The subsidy is only paid once the work has been completed and the customer has paid the invoice in full.
- Greenisolatie has no influence over the processing times, assessment or speed of payment of subsidy applications handled by municipalities, provinces, the national government or other subsidy providers and cannot be held liable for these matters.
- The final assessment, approval and payment of a subsidy are always the responsibility of the relevant subsidy provider. Greenisolatie therefore cannot guarantee that a subsidy will be awarded, unless otherwise agreed in writing.
- Greenisolatie is not liable for changes to legislation and regulations, subsidy conditions or subsidy schemes that occur after the agreement has been concluded and affect the subsidy application or award.
Article 20: Competent court and applicable law
- All disputes between Greenisolatie and the Customer arising from an agreement or commission shall, in principle, be submitted to the Noord-Holland District Court, Alkmaar location, for adjudication. If the Customer is a consumer, the Customer is free to submit the dispute to the court designated by mandatory law.
- All offers, agreements and the performance of agreements are governed exclusively by Dutch law.
Contact
For questions, comments or complaints, you can contact us via:
✉ info@greenisolatie.nl
☎ 072-202 97 89
⌖ Jan Duikerweg 5, 1703 DH Heerhugowaard