Terms and Conditions

Important Things You Need to Know When Buying Our VeggiPasta

1. Definitions

We are Wholy Greens B.V., located at Televisiestraat 2, 2525 KD in The Hague and registered in the Dutch Chamber of Commerce under nr. 73322539.

We make VeggiPasta, pasta made with 50%+ vegetables that are deliciously nutritious. That’s our Product. Our special monthly delivery of all different Products, is our Earth Box Subscription. We refer to it as the Subscription. When we talk about our Customer/You(r), we mean a natural person to which this document (terms and conditions) applies because of a purchase with us. So when you read the word Parties, that is Wholy Greens and you.

When you buy our Product, Parties enter into a Purchase agreement.

2. These terms and conditions

The terms and conditions contained in this document apply to the Purchase agreement you enter into with Wholy Greens. Any deviation from these terms and conditions needs to be done in writing.

We can make changes to these terms and conditions. If this happens, we will notify you. You can always find the most recent version of this document on our website: https://www.wholygreens.com/. If a change to essential terms is to your disadvantage, you can end the Purchase agreement without charge or compensation within fourteen (14) days of us informing you of the new terms.

If all or part of these terms and conditions or the Purchase agreement is void or unenforceable, the remaining provisions shall remain in force.

We will always make every effort to perform the Purchase agreement to the best of our knowledge and ability.

3. Product

Any information regarding the composition, quality and characteristics of our Product are executed to our best wishes, but without any guarantee.
Our Products meet all the legal requirements that food must meet.

4. Earth Box Subscription

Our Earth Box Subscription is a monthly delivery service of a box containing four (4) different VeggiPasta’s.
The duration of the Subscription is 1 month. After this month, the Subscription will automatically continue for an indefinite period.
During this period, you can cancel your Subscription any time. Because we need some time to process your cancellation before we ship a new box, we do have a deadline for your cancellation (‘notice period’). You can cancel the Subscription every month, 14 days before the next delivery date.

You can cancel your Subscription the same way you got it: online. Please contact us via [email protected].

5. Pricing

All prices mentioned include VAT and any other taxes, packaging costs, unforeseen costs, and/or all extra third-party costs and rates e.g., but exclude costs for transport.
Our specific rates depend on the Products that you purchase and are therefore included in the quotation or on the website.
If one or more cost price factors increase after the date of the purchase, we may increase the agreed price. This is the case, for example, if taxes are increased or prices for purchases for Wholy Greens increase significantly after the purchase. If there is a price increase, you can terminate the Purchase agreement. You will then receive a refund of the purchase price

6. Delivery and transfer of title

We will settle on the manner of transport, the manner of delivery and the costs. The costs of delivery will always be clearly communicated on our website.
We will always try to deliver your Product within the delivery dates we communicate. However, these dates are indicative and no fatal deadlines.
The place of delivery is the address that you have made known to us.
In the event that a term communicated by us is exceeded, we will inform you as soon as possible. If the communicated term is exceeded by more than four weeks, you can cancel your purchase and will receive refund of the purchase price. We will refund the amount paid without delay.
Shipping and transportation from Wholy Greens to you shall be at our risk. The risk is passed on to you at the time you or a third party you designated has received the Products. We are permitted to deliver a delivery of Products in several parts.
In case you do not pay us the due costs (on time), we reserve the right to refuse execution of the Purchase agreement and delivery of the Products until you fulfill all amounts owed, without prejudice (and therefore not in lieu of) other rights under the law or the Purchase agreement.
Until payment has been made in full, the Product(s) delivered by us remain our property.

7. Payment and other obligations

All of your payment obligations must be paid in euro.
All prices are clearly communicated to you on our website.
If you spot any inaccuracies in payment data, please report this as soon as possible.
Unless payment has been made directly upon placing the order with us, or unless otherwise agreed in writing, payment of invoices shall be due 14 days following the date of invoice. When you fail to make a payment in full on the due date, we will send you a one-time payment reminder, which qualifies as a notice of default, with a renewed request for payment within a reasonable term. This reasonable term is always 7 days. After the expiry of these 7 days, you are in default.

8. Complaints

If you discover a possible shortcoming or fault in our Product, please notify us. Your complaint has to be done in writing within two (2) months after your discovery. You are still obliged to fulfil your (payment) obligation.
Return shipments will only be accepted if the Product is so defective that the defect justifies the return shipment. When you send back a Product, the Product must be undamaged and returned in the original packaging.

9. Right of return

You are always allowed to terminate your purchase agreement during a 14-day withdrawal period without giving reasons. In case you would like to exercise this right of return, you can contact us via hallo@Wholy Greens.com or by submitting the form you can find on the website.
The withdrawal period of 14 days starts on the day of receipt of the last Product of the order. You have received the Product if it has been received by yourself, has been received by a parcel pick-up location, or if the Product has been received by a third party designated by you.
During this withdrawal period, please handle the Product and its packaging with care. You can only handle the Product to the extent necessary to establish the nature and characteristics of the Product. Use of the Product beyond handling described in this paragraph (for example in case of opening of the package and/or breaking packaging seals) shall result in the Consumer being liable for any reduction in value of the Product including the packaging. We may then deduct this amount from what is refunded to you.
After we have received back and inspected the Product(s), we will return the purchase price to you within 14 days.

10. Liability

Wholy Greens shall not be liable for any damages except in case the damage was caused deliberately or was a result of conscious recklessness on our part.
Any (non-)contractual liability of Wholy Greens shall in all cases be limited to direct damages. In other words, Wholy Greens is never liable for indirect damage or consequential damage or other indirect damage such as loss of turnover or loss of profit.

11. Force Majeure

Wholy Greens is entitled to suspend fulfilment of its obligations in the event of force majeure, with due observance of the provisions of Article 10.2.
Force Majeure occurs when Wholy Greens is unable to perform its obligations under the terms of the agreement due to causes reasonably beyond its control, including, without limitation, storm damage, natural disasters (including floods, fires, etcetera), wars, pandemics and epidemics, the inability to obtain labour, material, equipment or transportation, non-performance (on time) by the supplier(s) of Wholy Greens and in general all circumstances that fall outside the sphere of influence of Wholy Greens.
If the aforementioned suspension exceeds a period of one (1) months or Wholy Greens foresees that the suspension will exceed this period, both Wholy Greens and the Consumer are entitled to (partially) terminate the agreement.

12. Intellectual property rights

Our intellectual property become and remain the intellectual property of Wholy Greens and shall exclusively vest in Wholy Greens. Wholy Greens is and shall remain the owner of all rights with regard to information, methods, formulas, recipes, techniques, processes, systems and programs that have been developed by or for Wholy Greens and that are made available or communicated to you.
All documents and Products provided by Wholy Greens, such as advice, agreements, designs, packaging, etc., are exclusively intended for your own use and may not be reproduced, modified, made public or made available to third parties without the prior written consent of Wholy Greens.

13. Privacy

We make every effort to process the personal data it holds in accordance with the General Data Protection Regulation (EU) 2016/679. More information about the way in which we handle personal data is included in our privacy statement, as displayed on our website: https://www.wholygreens.com/

14. Governing law and jurisdiction

All agreements, assignments and activities of Wholy Greens are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
All disputes are submitted to the competent court of the District Court of Rotterdam, location Rotterdam, the Netherlands.

These general terms and conditions are published on the website of Wholy Greens B.V. (https://www.wholygreens.com/) and filed in the trade register at the Chamber of Commerce.