Terms and conditions

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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 Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions


In these terms and conditions, the following definitions apply:
1. Reflection Period: the period during which the consumer can exercise their right of
withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or
business and who 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
spread over time;
5. Durable Medium: any means that enables the consumer or entrepreneur to
store information addressed to them personally, in a way that
allows for future consultation and unaltered reproduction of the stored information.
6. Right of Withdrawal: the possibility for the consumer to waive the distance contract
within the reflection period;
7. Model Withdrawal Form: the model form for withdrawal that the entrepreneur makes
available for a consumer to complete when they wish to exercise their right of
withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely
to consumers;
9. Distance Contract: an agreement whereby, within the framework of a system organized<>by the entrepreneur for distance selling of products and/or
services, up to and including the conclusion of the contract, exclusively one or more
techniques for distance communication are used;
10. Technique for Distance Communication: means that can be used to conclude an
agreement, without the consumer and entrepreneur being simultaneously present in
the same room.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.


Article 2 – Identity of the Entrepreneur

Pure Health Store;
Leemhorststraat 31
1625NM Hoorn
Phone number: 0651091925
Email address: info@purehealthstore.nl
Chamber of Commerce number: 82019010
VAT identification number: NL003628638B97


Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and
to every distance contract concluded and orders placed 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 that the general
terms and conditions can be inspected at the entrepreneur's premises and will be sent
to the consumer free of charge as soon as possible upon request.
3. 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 it can be easily stored by the consumer on a
durable data carrier. 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 upon
request of the consumer.
4. In the event that, in addition to these general terms and conditions, specific product or
service conditions apply, the second and third paragraphs apply accordingly, and the
consumer can always invoke the most favorable applicable provision in case of
conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time
wholly or partially void or annulled, the agreement and these
terms and conditions will otherwise remain in force, and the relevant provision will be
replaced immediately in mutual consultation by a provision that
approximates the intent of the original as much as possible.
6. Situations not governed by these general terms and conditions must be
assessed 'in the spirit' of these general terms and conditions.
7. 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


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 is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. 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 make a proper
assessment of the offer. If the entrepreneur uses images, these are a true
representation of the products and/or services offered. Obvious mistakes or apparent errors in the
offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise
to compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur
cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Every offer contains such information that it is clear to the consumer what the rights
and obligations are associated with accepting the offer. This particularly concerns:
o the price including taxes;
o any shipping costs;
o the manner in which the agreement will be concluded and what actions are
required;
o whether or not the right of withdrawal applies;
o the method of payment, delivery, and execution of the agreement;
o the period for accepting the offer, or the period within which the
entrepreneur guarantees the price;
o the amount of the rate for distance communication if the costs of using the
technique for distance communication are calculated on a different basis than
the regular basic rate for the communication method used;
o whether the agreement will be archived after its conclusion, and if so, how it can
be consulted by the consumer;
o the way in which the consumer, before concluding the agreement, can check and,
if desired, correct the data provided by him in the context of the agreement;
o any other languages in which, in addition to Dutch, the agreement can be
concluded;
o the codes of conduct to which the entrepreneur is subject and the way in which
the consumer can consult these codes of conduct electronically; and
o the minimum duration of the distance contract in the case of a
duration transaction.


Article 5 – The Agreement


1. The agreement, subject to the provisions of paragraph 4, is concluded at the
moment of acceptance by the consumer of the offer and the fulfillment of the
conditions set 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 entrepreneur has not confirmed the acceptance of this offer, 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 will ensure a secure web environment. If the consumer
can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself 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 to the consumer with the product or service,
in writing or in such a way that it can be stored by the consumer in an accessible manner
on a durable data carrier:
o the visiting address of the entrepreneur's establishment where the consumer can
lodge complaints;
o 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;
o information about guarantees and existing after-sales service;
o 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;
o the requirements for termination of the agreement if the agreement has a
duration of more than one year or is for an indefinite period.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to
the first delivery.
7. Every agreement is entered into under the suspensive conditions of
sufficient availability of the relevant products.


Article 6 – Right of Withdrawal


Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement
without giving reasons for a period of 14 days. This reflection period starts
on the day after receipt of the product by the consumer or a representative designated
in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and the
packaging with care. He will only unpack or use the product to the extent necessary
to assess whether he wishes to keep the product. If he exercises his
right of withdrawal, he will return the product with all supplied accessories 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.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged
to make this known to the entrepreneur within 14 days of receiving the product.
The consumer must make this known using the model form
or by means of another communication method, such as email. After the consumer
has indicated 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 goods have been returned on time, for example by means of proof of
shipment.
4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the
periods mentioned in paragraphs 2 and 3, or has not returned the product to the
entrepreneur, the purchase is a fact.
Upon delivery of services:
1. When services are delivered, the consumer has the option to dissolve the agreement
without giving reasons for at least 14 days, starting on the day
the agreement was entered into.
2. To exercise his right of withdrawal, the consumer will follow the
reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery regarding this.


Article 7 – Costs in Case of Withdrawal


1. If the consumer exercises his right of withdrawal, the costs of return shipment will be
at most for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon
as possible, but no later than within 14 days after withdrawal. However, the condition
is that the product has already been received back by the webshop owner or conclusive
proof of complete return can be provided. The refund will be made
using the same payment method used by the consumer unless the consumer
expressly agrees to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer, the
consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the
product if the entrepreneur has not provided all legally required information about the
right of withdrawal; this must be done before the conclusion of the purchase
agreement.


Article 8 – Exclusion of Right of Withdrawal


1. The entrepreneur can exclude the consumer's right of withdrawal for products
as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies
if the entrepreneur has clearly stated this in the offer, or at least in time before the
conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
o that have been created by the entrepreneur according to the consumer's specifications;
o that are clearly personal in nature;
o that cannot be returned due to their nature;
o that can spoil or age quickly;
o whose price is subject to fluctuations in the financial market over which
the entrepreneur has no influence;
o for loose newspapers and magazines;
o for audio and video recordings and computer software whose seal the consumer
has broken;
o for hygienic products whose seal the consumer has broken.
3. Exclusion of the right of withdrawal is only possible for services:
o concerning accommodation, transport, restaurant business, or leisure activities to be performed on
a specific date or during a specific period;
o whose delivery has begun with the consumer's explicit consent
before the reflection period has expired;
o concerning bets and lotteries.


Article 9 – The Price


1. During the validity period stated in the offer, the prices of the
offered products and/or services will not be increased, except for price changes as
a result of 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 over which the entrepreneur
has no influence, with variable prices. This link to
fluctuations and the fact that any stated prices are target prices will be stated
in the offer.
3. Price increases within 3 months after the conclusion of the agreement are
only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are
only permitted if the entrepreneur has stipulated this and:
o these are the result of legal regulations or provisions; or
o the consumer has the right to terminate the agreement with effect
from the day on which the price increase takes effect.
5. The prices stated in the offer for products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted
for the consequences of printing and typesetting errors. In the case 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, the reasonable requirements of
soundness and/or usability, and the legal 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. 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 on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing
within 2 months after delivery. Products must be returned in their original
packaging and in new condition.
4. 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.
5. The warranty does not apply if:
o the consumer has repaired and/or processed the delivered products themselves
or has had them repaired and/or processed by third parties;
o the delivered products have been exposed to abnormal conditions or
have otherwise been handled carelessly or contrary to the instructions
of the entrepreneur and/or on the packaging;
o the defectiveness is wholly or partly the result of regulations that the
government has imposed or will impose regarding the nature or quality of the
materials used.


Article 11 – Delivery and Execution


1. The entrepreneur shall exercise 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 shall be the address that the consumer has made known to the
company.
3. With due observance of what is stated in paragraph 4 of this article, the company will
execute accepted orders expeditiously, but no later than within 30 days, unless the
consumer has agreed to a longer delivery period. If delivery is delayed, or if an order
cannot be executed or can only be partially executed, the consumer will receive a
message to that effect no later than 30 days after placing the order. In that case, the
consumer has the right to dissolve the agreement without costs. The consumer is not
entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any stated
terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will
refund the amount paid by the consumer as soon as possible, but no later than 14 days
after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to
make a replacement item available. At the latest upon delivery, it will be clearly and
comprehensibly stated that a replacement item will be delivered. For replacement items,
the right of withdrawal cannot be excluded. The costs of any return shipment are for the
account of 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 pre-designated representative known to the entrepreneur,
unless expressly agreed otherwise.


Article 12 – Long-term transactions: duration, termination and extension


Termination


1. The consumer can terminate an agreement entered into for an indefinite period, 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 a maximum of
one month.
2. The consumer can terminate an agreement entered into for a definite period, 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 a maximum of one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
o at any time and not be limited to termination at a specific time or in a specific
period;
o at least in the same way as they were entered into by him;
o always with the same notice period as the entrepreneur has stipulated for himself.
Extension
1. An agreement entered into for a definite period, which provides for the regular delivery
of products (including electricity) or services, may not be tacitly extended or renewed for
a definite period.
2. 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 a maximum of three months,
if the consumer can terminate this extended agreement at the end of the extension with a
notice period of a maximum of one month.
3. 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 can terminate at any time with a notice period of a maximum of one month
and a notice period of a maximum of 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.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly
newspapers and magazines for introductory purposes (trial or introductory subscription)
will not be tacitly continued and ends automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the
agreement at any time after one year with a notice period of a maximum of one month,
unless reasonableness and fairness oppose termination before the end of the agreed
duration.Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7
working days after the commencement of the reflection period as referred to in Article 6
paragraph 1. In the case of an agreement for the provision of a service, this period
commences after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report inaccuracies in provided or stated
payment details to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal
limitations, to charge the reasonable costs made known to the consumer in advance.


Article 14 – Complaints procedure


1. The entrepreneur has a sufficiently publicized complaints procedure and handles the
complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the
entrepreneur fully and clearly described within 2 months after the consumer has
discovered the defects.
3. 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.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject
to the dispute settlement procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur. If the web store is
affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by
mutual agreement, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl),
who will mediate free of charge. Check whether this web store has a current membership
via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has
the option to have his complaint handled by the independent disputes committee appointed
by WebwinkelKeur; its decision is binding, and both entrepreneur and consumer agree to
this binding decision. Submitting a dispute to this disputes committee involves costs that
must be paid by the consumer to the relevant committee.
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 justified by the entrepreneur, the entrepreneur will, at his
discretion, either replace or repair the delivered products free of charge.


Article 15 – Disputes


1. Agreements between the entrepreneur and the consumer to which these general terms
and conditions apply are exclusively governed by Dutch law. This also applies if the
consumer lives abroad.
2. The Vienna Sales Convention does not apply.