General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period during which the consumer can revoke the agreement.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract.
Day: Calendar day.
Continuing performance contract: An agreement relating to a series of products/services for which the delivery or purchase obligations are spread over time.
Durable medium: Any means that enables the consumer to store information for future reference.
Right of withdrawal: The right of the consumer to terminate the agreement within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services remotely.
Distance contract: An agreement where products or services are offered and concluded through remote communication.
Remote communication technique: A means of concluding the agreement without the consumer and entrepreneur being physically present at the same location.
Article 2 – Identity of the entrepreneur
Name: Pure Order
Address: De Nieuwe Erven 3 Unit 13505, 5431NV Cuijk
E-mail: info@pureorder.nl
Chamber of Commerce number: 97788589
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated 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 electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. 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.
3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.
Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. 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.
4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. The visiting address of the entrepreneur's establishment where the consumer can lodge 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. Information about guarantees and existing after-sales service;
d. The data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; e. the requirements for termination of the agreement.
6. If the agreement has a duration of more than one year or is for an indefinite period. In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
Right of withdrawal for products
1. The consumer can dissolve an agreement concerning the purchase of a product during a cooling-off period of at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige him to state his reason(s).
2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of several products with different delivery times, provided he has clearly informed the consumer about this prior to the ordering process.
b. If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.
c. In agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Right of withdrawal for services and digital content
3. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium for at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but cannot oblige him to state his reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period in case of lack of information
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for any depreciation of the product that results from a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer
- If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or by any other unambiguous means.
- As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that he must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the product.
- If the consumer withdraws after having first explicitly requested that the performance of the service or the supply of gas, water or electricity that have not been prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
- The consumer does not bear costs for the performance of services or the supply of water, gas or electricity, which are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
a) The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form, or;
b) The consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer does not bear costs for the complete or partial delivery of digital content not supplied on a tangible medium, if:
a) He has not explicitly consented to the commencement of the performance of the agreement before the end of the cooling-off period;
b) He has not acknowledged losing his right of withdrawal when giving his consent; or
c) The entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur enables the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt without delay after receiving this notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay, but within 30 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur will use the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion of the right of withdrawal
- The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
- Agreements concluded during a public auction. A public auction is understood to mean a method of sale where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services.
- Service agreements, after full performance of the service, but only if:
a) The performance has begun with the consumer's explicit prior consent; and
b) The consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement.
- Service contracts for accommodation provision, if the contract specifies a certain date or period of performance and is not for residential purposes, freight transport, car rental services, and catering.
- Contracts related to leisure activities, if the contract specifies a certain date or period for their performance.
- Products manufactured according to consumer specifications, which are not prefabricated and are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person.
- Products that spoil quickly or have a limited shelf life.
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
- Products that, due to their nature, have been irrevocably mixed with other products after delivery.
- Alcoholic beverages, the price of which was agreed upon when the contract was concluded, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence.
- Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery.
- Newspapers, periodicals, or magazines, with the exception of subscriptions to these.
- The supply of digital content not on a tangible medium, but only if:
a) The performance has begun with the consumer's explicit prior consent; and
b) The consumer has declared that he thereby loses his right of withdrawal.
Article 11 – The price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, with the exception of price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal 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 legal regulations or provisions; or
b. the consumer has the right to terminate the agreement on the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 12: Performance of the agreement and additional guarantee
1. 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 statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.
Article 13: Delivery and execution
1. The entrepreneur will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the delivery address provided by the consumer. Any deliveries will take place in accordance with the shipping conditions stated on the website.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed upon.
4. If delivery is delayed, or if an order cannot be executed or can only be executed in part, 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 dissolve the agreement free of charge and to claim any compensation.
5. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 14: Duration transactions, termination, and extension
Termination
1. The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of at most one month.
2. The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of at most one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
a) At any time and not be limited to termination at a specific time or during a specific period;
b) At least terminate in the same way as they were entered into by him;
c) Always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of at most three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
6. An agreement entered into for a definite 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 terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement for a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 – Payment
1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) in time, he will, after having been notified by the entrepreneur of the late payment and the entrepreneur having granted the consumer a period of 14 days to still meet his payment obligations, owe the statutory interest on the amount still due after the failure to pay within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of:
a) 15% on outstanding amounts up to € 2,500,=;
b) 10% on the subsequent € 2,500,= and
c) 5% on the subsequent € 5,000,= with a minimum of € 40, =.
5. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.
Article 16 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- The complaint will then be sent to both the relevant entrepreneur and the relevant mediation body.
- If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute settlement procedure.
Article 17 – Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
- Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements concerning products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, Postbus 90600, 2509 LP The Hague (www.sgc.nl).
- A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- The dispute must be submitted to the Disputes Committee in writing no later than twelve months after the dispute arose.
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request from the entrepreneur whether he also wishes to do so or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee will rule under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are by way of binding advice.
- The Disputes Committee will not handle a dispute or discontinue its handling if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually ceased his business activities before a dispute has been handled by the committee at a hearing and a final ruling has been issued.
- If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Webshop Disputes Committee has exclusive jurisdiction for disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 – Guarantee
1. An organization that assists consumers in resolving disputes can guarantee that binding advice from the Disputes Committee will be complied with by its members. If the member decides to submit the binding advice to the court for review within two months of receipt, this guarantee does not apply. If the binding advice is upheld after review by the court, the amount paid out by the organization to the consumer will be reinstated, up to a maximum of €10,000 per binding advice. For amounts greater than €10,000 per binding advice, €10,000 will be paid out, and for the remainder, the organization has a best-efforts obligation to ensure that the member complies with the binding advice.
2. For the application of this guarantee, it is necessary that the consumer makes a written appeal to the organization and transfers his claim against the entrepreneur to this organization. If the claim against the entrepreneur amounts to more than €10,000, the consumer is offered the option to transfer his claim, insofar as it exceeds €10,000. The organization can then, in its own name and at its own expense, enforce payment thereof through legal steps on behalf of the consumer.
Article 19 – Amendment of the General Terms and Conditions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.