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Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Reflection period: the period within which the consumer can make use of his
right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or
company and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of
products and/or services, the delivery and/or purchase obligation of which is fixed in time
spread;
5. Durable medium: any means that enables the consumer or entrepreneur to
to store information addressed to him personally in a way that is
future consultation and unaltered reproduction of the stored information
enables.
6. Right of withdrawal: the possibility for the consumer to opt out within the cooling-off period
see the remote agreement;
7. Model form: the model form for withdrawal made available by the entrepreneur
states that a consumer can complete when they want to make use of their
right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services at a distance
offers to consumers;
9. Distance contract: an agreement whereby, in the context of an agreement concluded by the
entrepreneur organised system for distance selling of products and/or
services, up to and including the conclusion of the agreement only use is made of
of one or more remote communication techniques;
10. Remote communication technique: means that can be used for the
concluding an agreement, without the consumer and entrepreneur being simultaneously in
gathered in the same space.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneurPure Health Store;
Leemhorst Street 31
1625NM Hoorn
Phone number: 0651045478
Email address: kathy@purehealthstore.nl
Chamber of commerce number: 82019010
BTW-identificatienummer: NL003628638B97
Article 3 - Applicability
1. These general terms and conditions apply to any offer by the entrepreneur and
on any distance contract concluded and orders placed between entrepreneur
and consumer.
2. Before the distance contract is concluded, the text of these general
conditions made available to the consumer. If this is not reasonably
possible, before the distance contract is concluded, it will be indicated
that the general terms and conditions can be inspected at the entrepreneur's premises and they are available at z request of the
consumer will be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the
previous paragraph and before the distance contract is concluded, the text of this
general terms and conditions electronically available to the consumer
are made in such a way that they can be easily accessed by the consumer.
way can be stored on a durable data carrier. If this
is not reasonably possible, before the remote agreement is concluded,
indicate where the general terms and conditions can be obtained electronically.
and that, at the consumer's request, they can be inspected electronically
or will otherwise be sent free of charge.
4. In case in addition to these general terms and conditions, specific product or
service conditions apply, the second and third paragraphs of
mutatis mutandis, and in the event of conflicting
general terms and conditions always refer to the applicable provision which is most favourable to him.
most favourable.
5. If one or more provisions in these general terms and conditions at any time
be wholly or partly void or destroyed, then the agreement and this
conditions shall otherwise stand and the relevant provision shall be mutually agreed
be replaced without delay by a provision that does not alter the scope of the original
approached as much as possible.
6. Situations not covered by these general terms and conditions should be
assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our
conditions, are to be interpreted 'in the spirit' of these general
conditions.
Article 4 - The offer
1. If an offer has a limited validity period or is made subject to conditions,
this is expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change the offer and to modify
fit.
3. The offer shall contain a complete and accurate description of the offered
products and/or services. The description is sufficiently detailed to allow a proper
enable the consumer's assessment of the offer. If the entrepreneur
images are a faithful representation of the
products and/or services offered. Obvious mistakes or obvious errors in the
offer do not bind the entrepreneur.4. All images, specifications data in the offer are indicative and cannot be a
be cause for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered
products. Entrepreneur cannot guarantee that the colours displayed are exact
match the real colours of the products.
6. Each offer shall contain such information that it is clear to the consumer what the rights
and obligations attached to the acceptance of the offer. This concerns
in particular:
o the price including taxes;
o any shipping costs;
o how the agreement will be concluded and what actions
needed for that;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and performance of the agreement;
o the period for acceptance of the offer, or the period within which the
entrepreneur guarantees the price;
o the amount of the tariff for distance communication if the cost of the
use of remote communication technology are calculated on a
basis other than the regular base rate for the used
communication tool;
o Whether the agreement will be archived after its formation, and if so on which
it can be accessed by consumers;
o the way in which the consumer, before concluding the contract, the by
can check the information provided to him within the framework of the agreement and
repair if required;
o any other languages in which, in addition to Dutch, the agreement may
be closed;
o the codes of conduct to which the entrepreneur has submitted and the way
on which the consumer can electronically access these codes of conduct
consult; and
o the minimum duration of the distance contract in the case of a
duration transaction.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement comes into effect on the
moment when the consumer accepts the offer and fulfils the
conditions set thereby.
2. If the consumer has accepted the offer electronically, the
entrepreneur immediately by electronic means the receipt of the acceptance of the
offer. As long as the agreement of this acceptance is not made by the entrepreneur
confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate
technical and organisational measures to secure the electronic
transfer of data and ensures a secure web environment. If the consumer
can pay electronically, the entrepreneur will take appropriate security measures to that end in
observe.
4. The entrepreneur may - within legal frameworks - find out whether the
consumer can meet his payment obligations, as well as of all those facts and
factors relevant to the responsible conclusion of the agreement on
distance. If, based on this investigation, the entrepreneur has good grounds to waive the
not to enter into the agreement, he shall be entitled to submit an order or application, giving reasons
refuse or attach special conditions to the execution.
5. The entrepreneur will provide the following information with the product or service to the consumer,
in writing or in such a way that it can be easily accessed by the consumer
can be stored on a durable data carrier, enclose:o the visiting address of the trader's office where the consumer with
complaints can be addressed;
o the conditions under which and the manner in which the consumer of the
right of withdrawal, or a clear notification regarding the
are excluded from the right of withdrawal;
o the information on warranties and existing after-sales service;
o the information set out in Article 4(3) of these conditions, unless the
entrepreneur has already provided this information to the consumer before the
performance of the agreement;
o the requirements for termination of the agreement if the agreement is a
has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision of the previous paragraph applies only to
the first delivery.
7. Each agreement is entered into under the suspensive conditions of
sufficient availability of the relevant products.
Article 6 - Right of withdrawal
On delivery of products:
1. When purchasing products, the consumer has the option of entering into the contract
without giving reasons for 14 days. This cooling-off period goes
take effect on the day following receipt of the product by the consumer or a prior
consumer designated and made known to the entrepreneur representative.
2. During the cooling-off period, the consumer will handle the product and the
packaging. He shall only unpack or use the product to the extent that it is
necessary to assess whether he wishes to keep the product. If he is of his
right of withdrawal, he shall return the product with all delivered accessories and -
if reasonably possible - in its original condition and packaging to the entrepreneur
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to
make this known to the
entrepreneur. Notification should be made by the consumer using the model form
or by any other means of communication such as by e-mail. After the consumer
has made it known that he wishes to exercise his right of withdrawal, the customer must
return the product within 14 days. The consumer must prove that the
delivered items have been returned in a timely manner, for example through proof of
dispatch.
4. If after the expiry of the time limits mentioned in paragraphs 2 and 3 the customer has not expressed
made use of his right of withdrawal or did not accept the product to the
entrepreneur has returned, the sale is a fact.
On provision of services:
1. When supplying services, the consumer has the option of entering into the contract without
statement of reasons for at least 14 days, starting on the day
of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will address the
provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.
reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, no more than the
costs of return shipment at his expense.2. If the consumer has paid an amount, the entrepreneur will return this amount as soon as possible.
possible, but at the latest within 14 days after revocation. However, the
condition that the product has already been received back by the merchant or conclusively
proof of complete return can be presented. Refunds will be made
via the same payment method used by the consumer unless the consumer
expressly authorises another payment method.
3. If the product is damaged due to careless handling by the consumer's own
the consumer is liable for any decrease in the value of the product.
4. The consumer cannot be held liable for depreciation of the
product when not all legally required information on the
right of withdrawal is provided, this should be done before the conclusion of the
purchase agreement.
Article 8 - Exclusion of the right of withdrawal
1. The trader may exclude the consumer's right of withdrawal for products
as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply
if the entrepreneur clearly states this in the offer, or at least in good time before concluding the
agreement, has stated.
2. Exclusion of the right of withdrawal is only possible for products:
o made by the entrepreneur in accordance with specifications
of consumers;
o that are clearly personal in nature;
o which by their nature cannot be returned;
o that can spoil or age quickly;
o the price of which is subject to fluctuations in the financial market on which
the entrepreneur has no influence;
o for loose newspapers and magazines;
o for audio and video recordings and computer software whose
seal has verboten;
o for hygiene products whose seal has been broken by the consumer
broken.
3. Exclusion of the right of withdrawal is only possible for services:
o concerning accommodation, transport, restaurant business or leisure activities to be carried out on
a certain date or during a certain period;
o whose delivery is with the express consent of the consumer
started before the reflection period has expired;
o regarding betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the
products and/or services offered, except for price changes as
due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose
prices are subject to fluctuations in the financial market and where the entrepreneur
has no influence on, with variable prices. This commitment to
fluctuations and the fact that any prices quoted are guide prices, the
offer stated.
3. Price increases within 3 months of the conclusion of the agreement are
allowed only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are
allowed only if the entrepreneur has stipulated this and:
o these are the result of statutory regulations or provisions; or
o the consumer has the power to terminate the agreement with effect
of the day on which the price increase takes effect.5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. For the consequences of printing -
No liability is accepted for printing and typesetting errors. In the event of printing and typesetting errors, the
entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, to the reasonable requirements of
soundness and/or practicability and the conditions prevailing on the date of conclusion of the
agreement existing legal provisions and/or government regulations. If
agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the
legal rights and claims the consumer has under the agreement
against the entrepreneur.
3. Any defective or incorrectly delivered products must be delivered within 2 months of
delivery to the entrepreneur in writing. Return of the
products must be in their original packaging and in new condition.
4. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. The
entrepreneur is, however, never responsible for the final suitability of
the products for each individual application by the consumer, nor for any
advice regarding the use or application of the products.
5. The guarantee does not apply if:
o the consumer has repaired and/or modified the delivered products himself or
had repairs and/or work done by third parties;
o the delivered products have been exposed to abnormal conditions or
are otherwise treated carelessly or contrary to instructions
of the entrepreneur and/or on the packaging have been handled;
o the defectiveness is wholly or partly the result of regulations imposed by the
government has set or will set regarding the nature or quality of the
applied materials.
Article 11 - Delivery and execution
1. The entrepreneur will take the utmost care when receiving
take and in the execution of orders for products and in the assessment of
requests for provision of services.
2. The place of delivery shall be the address that the consumer has made known to the company
made.
3. Subject to what is stated in this respect in paragraph 4 of this article, the company shall
accepted orders expeditiously but at the latest within 30 days
execute, unless consumer has agreed to a longer delivery period. If
delivery is delayed, or if an order is not or only partially delivered.
can be partially carried out, the consumer will receive notification of this no later than 30 days
after he has placed the order. In this case, the consumer has the right
to rescind the agreement without cost. The consumer is not entitled to a
compensation.
4. All delivery periods are indicative. The consumer may not derive any
no rights. Exceeding a deadline does not entitle the consumer to
compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that
the consumer has paid as soon as possible, but no later than 14 days after
dissolution, refund.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will endeavour to
efforts to make available a replacement article. No later than at the time of delivery, the fact that a replacement article is being
delivered. For replacement items, the right of withdrawal cannot be excluded. The
costs of any return shipment shall be borne by the entrepreneur.
7. 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 and to the
entrepreneur's known representative, unless expressly stated otherwise
agreed.
Article 12 - Duration transactions: duration, termination and renewal
Termination
1. The consumer may enter into an open-ended contract that extends
to regularly deliver products (including electricity) or services,
terminate at any time subject to agreed
termination rules and a notice period not exceeding one month.
2. The consumer may enter into a fixed-term contract that extends
to regularly deliver products (including electricity) or services,
terminate at any time towards the end of the specified duration, subject to
termination rules agreed for that purpose and a period of notice of up to one
month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:
o terminate at any time and not be limited to termination on a particular
time or in a specific period;
o at least terminate them in the same manner as they were entered into by him;
o always terminate with the same notice period as the entrepreneur has for himself
stipulated.
Extension
1. An agreement entered into for a definite period and the purpose of which is to regularly
delivery of products (including electricity) or services, may not
be tacitly extended or renewed for a fixed term.
2. Notwithstanding the previous paragraph, a fixed-term contract may
entered into and which extends to the regular delivery of daily news and weekly newspapers and
magazines are tacitly renewed for a fixed duration of up to three
months, if the consumer has this extended agreement by the end of the
extension may terminate with a notice period not exceeding one month.
3. An agreement entered into for a definite period and the purpose of which is to regularly
supply of products or services, may only be tacitly for an indefinite period of time
be extended if the consumer is allowed to cancel at any time with a notice period
of up to one month and a notice period of up to three months in case of
the purpose of the agreement is to deliver regularly, but less than once a month
of daily, news and weekly newspapers and magazines.
4. An agreement of limited duration for the regular delivery for familiarisation of
daily, news and weekly newspapers and magazines (trial or
introductory subscription) is not tacitly continued and ends automatically after
end of the trial or introductory period.
Duration
1. If a contract has a duration of more than one year, the consumer may, after a
year, the agreement can be terminated at any time with a notice period not exceeding one month
termination, unless reasonableness and fairness oppose termination before the end of the
Article 13 - Payment
1. To the extent not otherwise agreed, the consumer's due
amounts to be paid within 7 working days of the start of the cooling-off period if
referred to in Article 6(1). In the case of an agreement to provide a service,
this period starts after the consumer has received the confirmation of the agreement.
received.
2. The consumer has a duty to correct inaccuracies in payment details provided or stated
immediately to the entrepreneur.
3. In case of default of the consumer, the entrepreneur has, subject to legal
restrictions, the right to pay the reasonable
charge.
Article 14 - Complaints procedure
1. The entrepreneur shall have a sufficiently publicised complaints procedure and
handles the complaint in accordance with this complaints procedure.
2. Complaints on the performance of the agreement must be made within 2 months in full and
clearly described should be submitted to the trader after the consumer has received the
found defects.
3. Complaints submitted to the entrepreneur shall be processed within a period of 14 days
counted from the date of receipt. If a complaint has a foreseeable
requires longer processing time, the entrepreneur shall within the period of 14
days with a notice of receipt and an indication of when the
consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that
amenable to dispute resolution.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the
webshop is affiliated to Stichting WebwinkelKeur and for complaints that are not mutually
can be resolved by consultation, the consumer should turn to Stichting
WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check that this
webshop has a current membership through https://www.webwinkelkeur.nl/ledenlijst/.
Should no solution be reached by then, the consumer has the
opportunity to have his complaint handled by the WebwinkelKeur Foundation's
appointed independent dispute committee, its ruling is binding and
both entrepreneur and consumer agree to this binding ruling. To the
submitting a dispute to this disputes committee involves costs that are
should be paid by the consumer to the relevant commission. Also
it is possible to file complaints via the European ODR platform
(http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur
indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will go to
its choice or replace or repair the delivered products free of charge.
Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general
conditions relate to, only Dutch law shall apply. Also
if the consumer is resident abroad.
2. The Vienna Sales Convention shall not apply.
Article 16 - Additional or different provisions