Terms of service

Article 1 - Definitions

In these general terms and conditions, the following terms are defined as follows:

Customer: Any party (both business and private) to whom THE GREEN LIBRARY lends artworks or who has provided another assignment to THE GREEN LIBRARY.

Membership: An agreement between THE GREEN LIBRARY and the Customer for the periodic delivery (lending) of artworks by THE GREEN LIBRARY, possibly supplemented with other related products, as stipulated in the individual agreement.

THE GREEN LIBRARY: THE GREEN LIBRARY, located at Maria Austriastraat 29, 1087 CJ in Amsterdam, registered in the trade register of the Chamber of Commerce under number 54245451.

THE GREEN LIBRARY Membership: A Membership of a business or private Customer.

Agreement: Any offer from THE GREEN LIBRARY accepted or executed by the Customer, any order placed by the Customer with THE GREEN LIBRARY, or any other agreement entered into by the Customer with THE GREEN LIBRARY.

Personal Data: All personal data as defined in EU Regulation 2016/679 (General Data Protection Regulation) that relates to the Customer, including payment data.

Website: www.thegreenlibrary.nl.

Article 2 - Applicability

These general terms and conditions apply to all offers, quotations, and agreements of THE GREEN LIBRARY. THE GREEN LIBRARY reserves the right to change or supplement these general terms and conditions and will inform the Customer in writing. If the Customer has a Membership, they have the right to terminate the agreement. The general terms and conditions of the Customer are expressly excluded. If the content of the Agreement deviates from these general terms and conditions, the content of the Agreement prevails. Deviating and/or additional provisions only apply if and to the extent that they have been accepted in writing by THE GREEN LIBRARY.

Article 3 - Offer and Formation of the Agreement

Quotations and price proposals are non-binding and can be canceled or changed at any time. Agreements with THE GREEN LIBRARY are only concluded remotely. An Agreement, including a Membership, is established via the Website once the Customer places an order, accepts an offer or quotation from THE GREEN LIBRARY, or when THE GREEN LIBRARY begins executing the order or assignment. Without prior written consent from THE GREEN LIBRARY, the Customer cannot transfer their rights and obligations under the Agreement or a Membership to third parties. To be eligible for a Membership, the Customer must reside or be established within a 50-kilometer radius of Amsterdam. Exceptions include the purchase of an artwork and if it has been agreed with the Customer to deliver outside this delivery area.

Article 4 - Prices and Payment

The agreed prices include VAT and other government levies. THE GREEN LIBRARY reserves the right to change prices during the term of the Membership, for example, concerning an expansion of the variety of artworks, the size of the artworks, and the service. THE GREEN LIBRARY will inform the Customer of this at least 14 days before the effective date of the change. Promotions and offers are valid while supplies last. Payment by the Customer can only be made via the payment options offered on the Website. If the Customer wishes to use direct debit, they authorize the Payment Provider selected by THE GREEN LIBRARY to collect payments from the specified account number via a SEPA mandate. If the Customer remains in default of full payment after a reminder, THE GREEN LIBRARY is entitled to engage a collection agency. The costs of this are borne by the Customer, and THE GREEN LIBRARY's services may be blocked for the respective Customer.

Article 5 - Customer Data

The Customer is responsible for the accuracy, completeness, and reliability of the data provided to THE GREEN LIBRARY, including Personal Data, even if supplied via a third party. THE GREEN LIBRARY may rely on the provided information. The Customer must handle the login details they receive from THE GREEN LIBRARY to access the Website carefully. The login details are non-transferable, and the Customer is liable for any use of them.

Article 6 - Privacy

For the preparation, execution, and handling of an Agreement, as well as for other purposes such as (direct) marketing, THE GREEN LIBRARY processes the Customer's Personal Data. THE GREEN LIBRARY has an online privacy policy providing information about the processing of Personal Data and the Customer's rights.

Article 7 - Termination of the Membership

The Customer can terminate the Membership at any time. There is no minimum term.

Article 8 - Ownership and Care of Artworks

THE GREEN LIBRARY remains the owner of the delivered artworks at all times. The Customer must handle the artworks with care. The Customer is obliged to keep the artworks in optimal condition and not expose them to harmful external factors. Damage to the artworks will be charged by THE GREEN LIBRARY. If the Customer is unable to return the artwork in its original state at the agreed time, an amount of EUR 200.00 including VAT will be charged. For partial failure to return, a reasonable additional amount will be charged. THE GREEN LIBRARY will take a photo of the artwork prior to or at the time of delivery to document its original condition.

Article 9 - Intellectual Property

All intellectual property rights related to the delivered goods and services rest with THE GREEN LIBRARY. The Customer is not allowed to use THE GREEN LIBRARY's name and/or logo for any expression or commercial purposes. The Agreement does not imply a transfer of intellectual property rights concerning the delivered goods, services, or accompanying documents to the Customer.

Article 10 - Delivery, Delivery Time, and Execution

THE GREEN LIBRARY delivers within a 50-kilometer radius around Amsterdam. The specified delivery times are not binding. Each delivery/exchange costs EUR 15 including VAT per artwork. If the Customer does not timely accept the delivery, all costs incurred by THE GREEN LIBRARY are borne by the Customer. Delivery takes place at the address specified by the Customer. The Customer must ensure a personal handover of the products. If this is not possible, additional costs will be borne by the Customer. THE GREEN LIBRARY can engage third parties for the execution of the Agreement. The Customer is bound by the terms agreed upon by THE GREEN LIBRARY with these third parties.

Article 11 - Complaints and Expiry Period

The Customer must inspect the artwork immediately after delivery. Complaints about the incorrect or incomplete execution of an order must be reported to THE GREEN LIBRARY in writing within 5 days of receipt. After this period, the Customer can no longer invoke an incorrect or incomplete execution. If THE GREEN LIBRARY considers the complaint justified, it may replace the delivered goods or, if replacement is not possible, offer the Customer compensation up to the paid invoice amount and take back the goods.

Article 12 - Liability and Limitation Period

THE GREEN LIBRARY is not liable for any direct or indirect damage, including lost profits, missed revenue, and opportunities, caused by delivered products or services. All claims by the Customer against THE GREEN LIBRARY expire one year from the date the obligation became due or the damage-causing event occurred. The Customer indemnifies THE GREEN LIBRARY against all third-party claims related to the goods or services delivered by THE GREEN LIBRARY unless the Customer proves that there is no connection with circumstances under their risk.

Article 13 - Suspension and Termination

THE GREEN LIBRARY can suspend or terminate the execution of the Agreement in whole or in part by written notice without judicial intervention if the Customer fails to meet their obligations, applies for a suspension of payments, or is declared bankrupt.

Article 14 - Force Majeure

In case of force majeure, the obligations under the Agreement are suspended as long as the force majeure situation lasts without compensation. If the force majeure situation lasts or is expected to last longer than three months, the Agreement can be dissolved in writing without compensation.

Article 15 - Invalidity of Provisions

The invalidity of any provision does not affect the validity of the remaining provisions of the Agreement or these general terms and conditions. In case of an invalid provision, an acceptable provision will apply between the parties that aligns most closely with the invalid provision.

Article 16 - Applicable Law and Jurisdiction

The legal relationships between THE GREEN LIBRARY and the Customer are exclusively governed by Dutch law. All disputes are settled by the competent court of Amsterdam.