GROUNDFRIDGE B.V. GENERAL TERMS AND CONDITIONS – CONSUMERS
(B2C) –

These terms and conditions apply when the customer is a natural person not acting in the exercise of a profession or business (consumer) and where the customer organises transport from the seller's warehouse themselves (FCA).

Article 1 – Applicability

1.1 These general terms and conditions apply to every offer, every agreement, and every delivery of the Groundfridge (hereinafter: "the product") by Groundfridge B.V., Back-Upstraat 1, 1033 NX Amsterdam (hereinafter: "the seller") to the consumer (hereinafter: "the customer").

1.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer via the website. By completing the order, the customer agrees to these terms and conditions.

Article 2 – The Offer and the Agreement

2.1 All offers on the website are without obligation. If an offer has a limited validity period, this will be explicitly stated.

2.2 The agreement is concluded when the customer has completely gone through the electronic ordering process on the website, has agreed to the terms and conditions, and has clicked the button "Order with payment obligation" or "Buy". The seller will confirm the order immediately by email.

Article 3 – Prices and Transport Costs

3.1 All prices stated in the webshop are in euros and include VAT, but exclude transport costs, insurance, and any customs duties outside the EU, unless otherwise stated.

3.2 Arranging transport yourself: As delivery takes place on an FCA Amsterdam basis, the cost of transport is not included in the product price. The customer contracts and pays the (seller-recommended) carrier directly.

3.3 Deliveries outside the EU: If the product is exported by the customer's carrier to a country outside the European Union (e.g. United Kingdom or Switzerland), the seller will arrange the Dutch export documents. However, the customer is responsible for paying local VAT, import duties, and customs clearance tasks in the country of destination.

Article 4 – Payment and Deposit

4.1 When purchasing the product via the webshop, the customer pays a deposit of €250 (or its equivalent in the relevant currency). With this deposit, the customer reserves the next available Groundfridge in the production chain. Order processing and reservation will commence as soon as this deposit has been received by the seller.

4.2 After the initial deposit, depending on the planned collection date/release, there are two options for subsequent payments:

• Option A (Fast delivery within 20 working days): If the collection date/release occurs within twenty (20) working days after the reservation, the full remaining amount must be paid no later than five (5) working days prior to this date.
• Option B (Regular delivery): If the collection date/release occurs later, payment will be made in instalments:2nd payment: The customer makes a second payment that supplements the initial deposit to a total of 40% of the total purchase amount. This payment must be received no later than ten (10) working days after the order confirmation. If this second payment is not received by the seller in time, the reservation made in the production chain will lapse.3rd payment: The remaining amount (60% of the total purchase amount) must be paid no later than five (5) working days prior to the scheduled collection date/release.

4.3 If the customer fails to meet their payment obligations (as referred to in art. 4.1 and 4.2) in time, the seller will send a free payment reminder granting a period of 14 days to still pay. If payment remains outstanding, the customer will owe the statutory interest. Any collection costs will be calculated in accordance with the legal Decree on Compensation for Extrajudicial Collection Costs (WIK). The provisions of this paragraph do not affect the lapsing of the reservation in the event of a late second payment (as described in art. 4.2 under Option B).

Article 5 – Delivery and Transfer of Transport Risk (FCA)

5.1 The delivery of the goods takes place according to Incoterms® 2020 condition Free Carrier (FCA) from the seller's warehouse in Amsterdam, NL.

5.2 The seller fulfils its delivery obligation by preparing the product in its warehouse and safely loading it onto the transport vehicle of the carrier engaged by the customer.

5.3 Transfer of risk: Since the carrier is contracted and managed by the customer, the risk of damage, loss, or theft of the product transfers to the customer at the moment the product is loaded onto the carrier's vehicle (in accordance with art. 7:11 paragraph 2 of the Dutch Civil Code). The customer must claim any transport damage from their own carrier's insurance.

5.4 Stated collection/delivery times are indicative. If the seller does not have the product ready for loading within 30 days of the agreed date, the customer has the right to dissolve the agreement free of charge and reclaim the deposit.

Article 6 – Right of Withdrawal (14-day cooling-off period)

6.1 The customer has the right to dissolve the agreement without stating reasons during a cooling-off period of 14 calendar days. This period starts on the day after the carrier engaged by the customer has physically received the product at the seller's warehouse.

6.2 To exercise the right of withdrawal, the customer must inform the seller via a clear written statement (for example, by email or using the statutory model withdrawal form).

Article 7 – Obligations during cooling-off period & Decrease in Value

7.1 During the cooling-off period, the customer will handle the product and packaging with care. The customer may only unpack and inspect the product to the extent necessary to ascertain the nature, characteristics, and functioning of the product, just as they would be allowed to do in a physical store.

7.2 The customer is explicitly not allowed to install, bury, or use the product during the cooling-off period.

7.3 If the customer nevertheless installs or buries the product, and then exercises the right of withdrawal within 14 days, the customer is legally liable for the decrease in value. Since a buried or used product can no longer be sold as new to another consumer, the decrease in value can, in extreme cases, amount to 100% of the purchase price. This amount will be deducted from the refund of the deposit.

7.4 The costs and risk for returning the product to the warehouse in Amsterdam are entirely for the account of the customer. The customer must engage a freight carrier themselves. If the product has already been buried, the customer must fully excavate the product themselves and deliver it ready for transport on the original pallet to the carrier.

Article 8 – Conformity and Legal Warranty

8.1 The seller guarantees that the product, upon transfer to the carrier, complies with the agreement and the specifications that can reasonably be expected of such a product under normal use.

8.2 Any defects not caused by transport must be reported to the seller in writing within a reasonable time, but no later than two (2) months after discovery.

8.3 If the product shows a manufacturing defect covered by the legal warranty, the customer is entitled to free repair or replacement of the part. However, due to the FCA delivery, the seller is not liable for the transport costs of the replacement parts or the returned product.

Article 9 – Product Characteristics and Permits

9.1 The Groundfridge does not have active (electrical) cooling. The internal temperature is entirely dependent on natural and local conditions such as soil condition, groundwater, shade/sun, and the temperature of the surrounding soil at one meter depth. The seller can never be held liable for fluctuations in internal temperature caused by these factors.

9.2 It is the exclusive responsibility of the customer to ascertain in advance with local authorities whether specific (building) permits or notifications are required for burying the product. The seller is not liable for the absence of the correct permits.

Article 10 – Liability

10.1 The seller is not liable for damage caused by incorrect installation, incorrect burial, or incorrect maintenance carried out by the customer themselves or by third parties engaged by the customer.

10.2 The seller is, due to the transfer of risk at the warehouse door, never liable for damage occurring during or due to transport.

Article 11 – Applicable Law and Disputes

11.1 Dutch law applies to agreements between the seller and the customer. If the customer lives in another EU country, they also retain the protection afforded to them by the mandatory consumer law of their own country of residence.

11.2 Disputes will preferably be resolved through mutual consultation. If this is not possible, the customer can submit the dispute to the legally competent court in their own place of residence or the competent court in Amsterdam.