Terms & Conditions
VERSION 1ST NOVEMBER 2020
GREEN GOBLET is a private limited liability company.
Registered office: Unit 1a Commerce Way, Highbridge, TA9 4AG England
Registered under number 08306172
Hereinafter “GREEN GOBLET”
ARTICLE 1 – PURPOSE AND SCOPE
The purpose of the present general conditions (the “General Conditions”) is to define the conditions under which GREEN GOBLET provides its products (the “Products”) and services (the “Services”) to customers who request them by any means (the “Customer(s)”).
They apply without restriction or reservation to all orders, requests, offers and all agreements and negotiations, by, for or on behalf of GREEN GOBLET, as well as to the contracts arising therefrom, and prevail over the clauses that may appear on Customer’s documents, and in particular its general conditions of purchase.
Any order implies, on the part of the Customer, acceptance of the present General Conditions and therefore approved Delegation of Authority. However, and in accordance with the regulations in force, GREEN GOBLET reserves the right to derogate from certain clauses of the present General Conditions, depending on the negotiations conducted with the Customer, through the establishment of special conditions.
The fact that GREEN GOBLET does not avail itself, at any given time, of any of the provisions of the present General Conditions cannot be interpreted as a waiver, even tacitly, to be prevailed lately.
GREEN GOBLET reserves the right to adapt or modify the present General Conditions at any time. In the event of modification, the Customer is subject to the General Conditions in force on the day of the order.
ARTICLE 2 – DESCRIPTION OF SERVICES AND PRODUCTS
2.1 The Services
The Services provided by GREEN GOBLET are detailed and restrictively defined in the quote communicated to the Customer and/or in special conditions agreed between GREEN GOBLET and the Customer.
2.2. The Products
The Products offered by GREEN GOBLET comply with the English legislation in force.
The Products are made from a material made exclusively of substances authorised by the regulations in force relating to materials in contact with comestible products.
Before any order or use, it is the Customer’s responsibility to refer to the information relating to the Products, which may appear on the GREEN GOBLET website www.green-goblet.com to find out the characteristics given the intended use of the said Product.
The descriptions, information, photographs and illustrations relating to the Products and transmitted by GREEN GOBLET by any means and/or appearing on its website are not exhaustive and are provided for information purposes only.
GREEN GOBLET reserves the right to modify at any time the list and characteristics of the Products presented on its website and on any other document provided by GREEN GOBLET.
The Product offer is within the limits of available stocks.
2.3. Personalised Products
GREEN GOBLET offers a personalisation of its Products by allowing the Customer to affix a visual consisting of a colour, a pattern, a drawing, a text, a photo or any other visual of the Customer’s choice (the “Visual(s)”).
The preparation of the Visual(s) will be invoiced based on the price list in force on the day of the order. Payment must be made on receipt of invoice or this could delay production and delivery times.
Before the final printing of the personalised Products ordered, an approval proof will be submitted to the Customer for acceptance. The approval proof allows the Customer to check the Visual(s) before final printing. The acceptance of this approval proof releases GREEN GOBLET from any responsibility for any possible error in the Visual requested by the Customer.
Delivery times will only be fixed, as an indication, after GREEN GOBLET has received the approval proof accepted by the Customer.
Some printing colours and/or Visuals are not recommended by GREEN GOBLET. In the event that the Customer wishes to obtain these colours and/or Visuals without considering GREEN GOBLET’s recommendations, GREEN GOBLET disclaims any liability whatsoever in the event that the final result of the Product does not correspond to the Customer’s expectations.
The Customer authorises GREEN GOBLET to use the Visuals of the finished Product, in particular to promote the personalised Products to the public, on any communication medium whatsoever chosen by GREEN GOBLET.
ARTICLE 3 – ORDER AND ORDER TERMINATION
3.1 Order and quotation
Orders and invitations to tender must be accompanied by specifications drawn up by the Customer.
Any order from the Customer is only binding for GREEN GOBLET on the condition that it has been signed or explicitly confirmed in writing by a representative of GREEN GOBLET mandated for this purpose.
When a quotation is drawn up by GREEN GOBLET, and in the absence of any other subsequent agreement, it constitutes the special conditions amending the present General Conditions. GREEN GOBLET’s offers and quotes are only valid for a maximum period of one (1) month from the date of their submission.
3.2. Order termination
Any modification and/or termination of the order requested by the Customer may only be taken into consideration if it has been received by GREEN GOBLET in writing – especially by e-mail firstname.lastname@example.org – prior to the signature of the art work and will only be effective after GREEN GOBLET’s written agreement.
If GREEN GOBLET accepts the modification and/or termination of the order, any payments made on account will remain definitively acquired by GREEN GOBLET and, in addition, GREEN GOBLET reserves the right to invoice the Customer for the costs incurred for the preparation of the order which has been terminated or modified.
For any request to return a Product delivered and received, the Customer is invited to consult article 10 “Right of withdrawal and return” of these General Conditions.
ARTICLE 4 – TIME AND DELIVERY
Delivery times are given as an indication for each order and constitute for GREEN GOBLET an obligation of best efforts. Delivery delays do not entail any cancellation or change of the contract. They shall not give rise to damages or penalties.
Deliveries are only made according to availability and in which orders are received. The Customer authorises GREEN GOBLET to make deliveries in whole or in part.
The Products are received by handing them over to the Customer or his agent by the carrier at the address indicated by the Customer.
Upon receipt by the Customer of the Products and without delay, the Customer undertakes to proceed carefully with the examinations reasonably necessary to verify the general condition of these packages.
Any partial losses, damage or deterioration that would affect the contents of the packages, and that would be noted during these checks, will be immediately notified by the Customer in a clear and detailed manner to GREEN GOBLET at the following e-mail address email@example.com.
ARTICLE 5 – RESERVATION OF OWNERSHIP
GREEN GOBLET reserves, until full payment of the price by the Customer, a right of ownership on the Products, enabling him to repossess the said Products.
ARTICLE 6 – RENTAL OF PRODUCTS
GREEN GOBLET proposes a system of rental of the Products governed in particular by the provisions of article 6 listed below.
6.1. Provision of the Products
The rental takes effect on the day the Products are delivered to the Customer.
When the Products are delivered to the Customer, the risk shall be transferred to the Customer, who shall assume physical and legal custody of the Products.
For the entire duration of the Product rental, the Customer is solely responsible for the use of the Products and undertakes to keep them and to take the necessary precautions to avoid any damage to which they may be exposed. The Customer undertakes to use the Products in accordance with their intended purpose.
The Customer shall be solely responsible for all risks of deterioration, loss, theft, partial or total destruction of the Products, for as long as they remain in his custody, regardless of the cause of the damage.
The rental and the physical and legal custody end on the day of the return of the Products by the Customer, in accordance with point 6.3 “Return of Products and Invoicing”.
The Customer must be present at the time of each delivery and each planned return of Products.
6.2. Ownership of the Products
The Products remain the exclusive property of GREEN GOBLET for the entire duration of the rental period.
GREEN GOBLET being the sole owner, no inscription, acronym or other sign on the Products may be removed or modified by the Customer without the authorisation of GREEN GOBLET.
The Customer undertakes to ensure that GREEN GOBLET ‘s right of ownership of the Products is respected at all times and by all means. Unless GREEN GOBLET has given its prior written authorisation, the Customer undertakes not to exchange all or part of the Products or sublet them and also not to charge them with a pledge, privilege or any other security or guarantee right. The Customer also undertakes to inform any third party that the rented Products are the exclusive property of GREEN GOBLET.
The Customer may not assign to a third party the benefit of all or part of the rights and obligations imposed on him.
6.3. Return of Products and Invoicing
Before the rental, GREEN GOBLET invoices the Customer upfront for a deposit for rented Products. GREEN GOBLET then invoices the balance after receipt of the Products under the conditions described below.
The Customer undertakes to return the Products only in the packaging provided by GREEN GOBLET and in the condition in which the Customer received them.
The Products returned by the Customer will only be those marked GREEN GOBLET and rented for the event and/or the place predefined in the quote or the special conditions. Under no circumstances may the Customer return the products of a competitor, another organisation, another event or any other product which will, in any case, be excluded from the number of returned Products.
If the Products are not ready at the time of the collection agreed upon or if the carrier refuses to collect due to defective packaging, the costs generated by new collection shall be borne by the Customer, to which shall be added the costs of immobilisation of the truck at the time set for the impeded collection.
In any event, any Product that is not returned or unusable, the Products is charged to the Customer at the agreed price for all Products not returned.
Upon return of the Products, the Customer shall also provide GREEN GOBLET with a statement of the Products returned. GREEN GOBLET will then make its own statement, comparing it with the Customer’s statement, and will carry out a qualitative examination of the Products on its premises.
GREEN GOBLET ‘s statement will be communicated to the Customer and will serve as the basis for the invoices issued by GREEN GOBLET.
If the Customer does not contest the statement made by GREEN GOBLET within a reasonable period of time, which cannot exceed forty-eight (48) hours, only the GREEN GOBLET statement will be authentic and the corresponding invoicing will be deemed to be accepted by the Customer.
In the event of disputes within the time limits, it will be up to the Customer to provide GREEN GOBLET with all the necessary documentation and in particular to justify any discrepancies.
The price of the rental as well as the terms of payment will be specified in the quotation accepted by the Customer and/or in special conditions agreed between GREEN GOBLET and the Customer.
ARTICLE 7 – LATE PAYMENT OR NON-PAYMENT
Failure to pay in full or in part an invoice that has fallen due will automatically result, without prior formal notice, in the allocation to GREEN GOBLET of damages assessed at a flat rate of 10% of the unpaid amount, with a minimum of £50.00, without prejudice to GREEN GOBLET ‘s right to claim higher damages if it is shown that the damage actually suffered exceeds the assessed flat rate. Any invoice not fully paid on its due date will also automatically generate conventional late payment interest at the rate of 1% per month from the due date of the invoice until full payment.
In addition, in the event of non-payment or, in general, in the event of failure by the Customer to comply with any of its obligations, 48 hours after a formal notice has remained unsuccessful, GREEN GOBLET may consider the contract terminated. GREEN GOBLET may request the return of the Products, without prejudice to any other damages. The resolution may strike, at GREEN GOBLET ‘s discretion, not only the order in question, but also previous and/or subsequent unpaid orders, whether delivered/executed or in the process of being delivered/executed, and whether or not payment for them is due.
When payment is made in instalments, failure to pay a single instalment will result in the immediate payment of all the debt, without prior notice.
The Customer shall bear all costs incurred in the recovery of the sums due, including the enforcement costs by bailiff. Under no circumstances may payments be suspended or offset in any way without GREEN GOBLET ‘s prior written consent. Any partial payment will first be deducted from the amounts for which the due date is the earliest.
ARTICLE 8 – LIABILITY AND LEGAL GUARANTEE
Unless otherwise expressly specified in the contract, the obligations assumed by GREEN GOBLET are always obligations of best efforts.
GREEN GOBLET undertakes to deliver products in conformity with the use, qualities and characteristics that the consumer can reasonably expect.
GREEN GOBLET cannot be held responsible for defects and deterioration caused by natural wear and tear, by unsuitable storage and/or storage not in accordance with GREEN GOBLET ‘s instructions, by use not in accordance with GREEN GOBLET ‘s instructions, by an external accident, or by a modification of the Product not foreseen or of which GREEN GOBLET has not been informed and which GREEN GOBLET has not previously accepted.
The Customer is solely responsible for the use of the Products ordered and GREEN GOBLET ‘s responsibility cannot in any case be sought in this respect.
The Customer is also solely responsible for the use of the rented Products in accordance with article 6 “Rental of Products” of the present General Conditions.
Regarding the professional Customers, GREEN GOBLET cannot be held responsible for indirect and/or immaterial damage, including but not limited to any financial or commercial loss, loss of customers, operating losses, loss of profit, loss of opportunity, damage to the brand image.
In addition, and still concerning its professional Customers, the liability of GREEN GOBLET, whatever the cause and whatever the nature and amount of the loss suffered, will be limited to an amount equivalent to the price stipulated in the order concerned, without being able to exceed 20,000.00 £
ARTICLE 9 – INTELLECTUAL PROPERTY AND CONFIDENTIALITY
GREEN GOBLET declines all responsibility for the intellectual/industrial property of the Visuals that it reproduces on behalf of the Customer. With or without indication, it is the Customer’s responsibility to carry out the necessary prior art research and to ensure that the Visuals do not have any similarity with those already in existence.
In general, Customer guarantees that he has all the rights to use all the elements transmitted to GREEN GOBLET. The Customer is responsible for the content of the Visuals transmitted to GREEN GOBLET, which cannot be held responsible, in particular, in the event of counterfeiting.
Consequently, any direct and/or indirect damage suffered by GREEN GOBLET as a result of the Customer’s failure to respect the intellectual/industrial property rights belonging to a third party must be fully supported and repaired by the Customer.
GREEN GOBLET also reserves the right to refuse, at its discretion, any order for personalised Products containing Visuals deemed inappropriate, unethical or illegal.
Trademarks and logos, such as the Green Goblet® and Ecocup® trademarks, may appear on the Products, on the GREEN GOBLET website or on any documents provided by GREEN GOBLET, and are registered trademarks owned by GREEN GOBLET or related companies. The Customer undertakes not to use, reproduce or disseminate these trademarks in any way whatsoever, except with the prior written authorisation of the company owning the trademark.
GREEN GOBLET retains ownership of the studies, projects, plans, prototypes, models and all documents that are given to the Customer. The sale or hire of the Products does not entail any transfer of intellectual/industrial property, know-how or technology of any kind to the Customer.
Any financial proposal, technical application study, plan, model and/or any other document given by GREEN GOBLET to the Customer is strictly confidential. They may not be copied, patented, protected by any other intellectual/industrial property right or disclosed to a third party, directly or indirectly. GREEN GOBLET can also demand their return and/or destruction at any time.
ARTICLE 10 – RIGHT OF WITHDRAWAL AND RETURN
10.1. Right of withdrawal
Except for personalised Products, the Customer meeting the definition of consumer of the Consumer Rights Act 2015 has the right of withdrawal.
The Customer has a withdrawal period of fourteen (14) days from either (i) the conclusion of the contract for the Services or (ii) the receipt of the Product by the Customer, or a third party designated by him other than the carrier. This period runs from receipt of the last Product in the case of an order for several Products delivered separately.
If he wishes to exercise his right of withdrawal, the Customer is required to notify GREEN GOBLET of his decision by means of an unambiguous declaration by letter (“GREEN GOBLET LTD – Unit 1a Commerce Way, Highbridge, TA9 4AG”) or by e-mail firstname.lastname@example.org.
The Customer may use the withdrawal form located in the annex to these General Conditions.
The return of Products in execution by the Customer of his right of retraction will only be accepted by GREEN GOBLET if the Products are returned as a whole, in their original packaging, in perfect condition and security seals in place. Products which have been damaged or whose packaging has been damaged cannot be subject to withdrawal.
The Customer shall bear the direct costs of returning the Products.
For personalised Products, the Customer is informed that he has no right of withdrawal in this case.
10.2. Claims and return
Notwithstanding the provisions relating to the right of withdrawal, and still except for personalised Products, GREEN GOBLET offers the Customer the possibility of returning a Product within thirty (30) days of receipt and under the conditions listed below.
For any complaint relating to the Products, Customer is invited to contact GREEN GOBLET at the following e-mail address email@example.com within thirty (30) days of receipt of the Products by Customer.
It will be up to Customer to provide all the justifications as to the reality of the complaint sent to GREEN GOBLET and to allow GREEN GOBLET every facility to carry out checks and to remedy the situation.
Any return must be the subject of a formal agreement between GREEN GOBLET and the Customer. Any Product returned without this prior agreement will be held at the disposal of the Customer and will not give rise to replacement or reimbursement.
When GREEN GOBLET accepts returns of Products, these will only be considered if they are in good condition, without having been used and after GREEN GOBLET has checked and accepted the reason for the return. The costs and risks are always at Customer’s expense.
After qualitative and quantitative verification of the returned Products, any accepted return will lead, at the choice of GREEN GOBLET, to a free replacement of the Products or the constitution of a refund and a partial or complete credit note to the Customer’s benefit.
After this period of thirty (30) days, the Customer will automatically be considered to have accepted the Products delivered as they are and GREEN GOBLET reserves the right to refuse any claim.
ARTICLE 11 – FORCE MAJEURE
GREEN GOBLET cannot be held responsible if the non-execution, late execution or partial execution is due to a case of force majeure. Force majeure or fortuitous events are considered to be events beyond the control of the Parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes it impossible for them to fulfil their obligations.
In particular, the following shall be treated as cases of force majeure or fortuitous circumstances relieving GREEN GOBLET of its obligations: strikes by all or part of the staff of GREEN GOBLET or its usual carriers, fire, flood, war, production shutdown due to accidental breakdowns, epidemics, roadblocks, strikes or disruption of water or electricity supplies, or disruption of supply for a reason not attributable to GREEN GOBLET, as well as any other cause of disruption in supply attributable to GREEN GOBLET suppliers.
In such circumstances, GREEN GOBLET shall notify the Customer in writing of the occurrence of a case of force majeure, in particular by email, the contract between GREEN GOBLET and the Customer being automatically suspended without compensation, as from the date on which the event occurs.
If the event preventing delivery or the provision of services lasts more than thirty days from the date of its occurrence, the contract concluded by GREEN GOBLET and the Customer may be terminated by the most diligent Party, without either Party being entitled to claim damages. This termination will take effect on the date of first presentation of the registered letter with acknowledgement of receipt denouncing the said contract.
ARTICLE 12 – GOVERNING LAW AND JURISDICTION
These General Conditions, as well as any special conditions between the Parties, shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these General Conditions, as well as any special conditions between the Parties.
ARTICLE 13 – SEVERABILITY
The possible illegality or invalidity of an article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality and validity of the other articles, paragraphs or provisions of these General Conditions, nor the remainder of such article, paragraph or provision.
In such a case, the Parties shall replace the illegal or void article, paragraph or provision, or part thereof, by a legal and valid article, paragraph or provision having, as far as possible, similar legal and/or economic effects to those initially referred to by the Parties at the time the contract was concluded.
ARTICLE 14 – PROTECTION OF PERSONAL DATA
GREEN GOBLET undertakes to comply with all applicable laws and regulations relating to the protection of personal data, in particular Regulation (EU) 2016/679 of 27 April 2016 (the “GDPR”).
GREEN GOBLET invites the Customer to refer to the “General Conditions of Use”, available on the site www.ecocup.com in order to obtain all information relating to the protection of personal data.