General Terms and Conditions

Article 1 - Definitions In these terms and conditions the following terms shall have the following meanings:

  • Reflection period : the period within which the consumer can make use of his right of withdrawal;

  • Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

  • Day : calendar day;

  • Duration transaction : a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

  • Durable medium : any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

  • Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;

  • Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;

  • Distance contract : an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;

  • Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.

  • General Terms and Conditions : these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Vanity Dubloen 3, 2353SE Leiderdorp;

Email address: info@pura-shop.com

Chamber of Commerce number: 78530946

VAT identification number: NL003052283B23

Article 3 - Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's request. If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision in question will, in mutual consultation, approximate the original as closely as possible. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur. All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

  • the price including taxes;

  • any shipping costs;

  • the manner in which the agreement will be concluded and the actions required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery and execution of the agreement;

  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

  • the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;

  • whether the agreement is archived after it has been concluded, and if so, how it can be consulted by the consumer;

  • the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in connection with the agreement;

  • any other languages in which, in addition to Dutch, the agreement may be concluded;

  • and the way in which the consumer can consult these codes of conduct electronically; and

  • The minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, and types of materials.

Article 5 - The Agreement The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;

  • b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • c. the information about guarantees and existing after-sales service;

  • d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

  • e. the requirements for terminating the agreement if the agreement has a term of more than one year or is indefinite. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal When purchasing products, the consumer has the right to cancel the agreement within 14 days without giving any reason. This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this notification in writing or by email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment. If the customer has not indicated their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is final.

Article 7 - Costs in case of withdrawal If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

  • a. which have been created by the entrepreneur in accordance with the consumer's specifications;

  • b. that are clearly personal in nature;

  • c. which by their nature cannot be returned;

  • d. which can spoil or become obsolete quickly;

  • e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

  • f. for individual newspapers and magazines;

  • g. for audio and video recordings and computer software of which the consumer has broken the seal.

  • h. for hygiene products where the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:

  • a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

  • b. the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;

  • c. relating to betting and lotteries.

Article 9 - The Price During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • a. these are the result of statutory regulations or provisions; or

  • b. the consumer has the right to cancel the agreement effective from the date the price increase takes effect. The prices stated in the product or service offer include VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;

  • The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and Execution The entrepreneur will exercise the utmost care when receiving and executing product orders. The place of delivery is the address the consumer has provided to the company. Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without penalty and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The replacement item will be clearly and comprehensibly communicated upon delivery. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs are the responsibility of the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension Termination The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month. The consumer may terminate the agreements referred to in the previous paragraphs:

  • cancel at any time and not be limited to cancellation at a specific time or during a specific period;

  • at least cancel them in the same manner as they were entered into by him;

  • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, if the consumer terminates this extended agreement by the end of the month. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement provides for the regular, but less than monthly, delivery of daily newspapers, weekly newspapers and magazines. A limited-term agreement for the regular delivery of daily, news and weekly magazines for introductory purposes n and magazines (trial or introductory subscription) are not automatically continued and end automatically after the trial or introductory period.

Duration If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year. terminate with a notice period of no more than one month, unless the agreed duration is changed.

Article 13 – Payment Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure Complaints regarding the performance of the agreement must be submitted to the entrepreneur, fully and clearly described, within 7 days of the consumer discovering the defects. Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If the entrepreneur finds a complaint to be justified, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.