Terms of service
Table of Contents:
Article 1 - Definitions | Article 2 - Identity of the merchant | 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 - Continuing transactions | 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: Cooling-off period: the period within which the consumer can exercise the right of withdrawal; Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the merchant; Day: calendar day; Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period; General Terms and Conditions: these General Terms and Conditions of the merchant.
Article 2 - Identity of the merchant
Merchant: R.H.G. de Vaan
Trade name: Pure Virge, established in Meierijstad
Address: Keur 16, Meierijstad
Phone: 06-54677135, available 8:00 to 12:00
Email: info@purevirge.com
Chamber of Commerce: 73885177
VAT number: NL001740493B69
Article 3 - Applicability
These general terms and conditions apply to every offer of the merchant and to every concluded distance agreement and order between merchant and consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
Article 4 - The offer
If an offer has a limited validity period or is made under conditions, this is explicitly stated in the offer. The offer is without obligation. The merchant is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the merchant. All images, specifications and data in the offer are indicative and cannot be grounds for compensation or dissolution.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the merchant immediately confirms receipt electronically. The merchant takes appropriate technical and organizational measures to secure the electronic transfer of data. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
Upon the purchase of products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This cooling-off period commences the day after receipt of the product by the consumer. During the cooling-off period the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If the consumer exercises the right of withdrawal, the product must be returned within 14 days with all delivered accessories and, if reasonably possible, in its original condition and packaging.
Article 7 - Costs in case of withdrawal
If the consumer exercises the right of withdrawal, the costs of return shipment are at most for his account. If the consumer has paid an amount, the merchant will refund this as quickly as possible, at most within 14 days after withdrawal, provided the product has been received back. Refund will be made via the same payment method unless the consumer explicitly agrees to another method.
Article 8 - Exclusion of right of withdrawal
The merchant can exclude the consumer's right of withdrawal for products that are clearly personal in nature, that cannot be returned by their nature, that spoil or age quickly, or for sealed audio/video recordings and software where the seal has been broken, and for sealed hygienic products where the seal has been broken.
Article 9 - The price
During the validity period stated in the offer, prices of products and/or services will not be increased, except for price changes due to changes in VAT rates. Prices listed in the offer of products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
Article 10 - Conformity and Warranty
The merchant guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and reasonable requirements of soundness and usability. Any defects or incorrectly delivered products must be reported to the merchant in writing within 2 months of delivery. The warranty period of the merchant corresponds to the manufacturer's warranty period. The warranty does not apply if the consumer has repaired or modified the products, or if they have been exposed to abnormal conditions.
Article 11 - Delivery and execution
The merchant will exercise the greatest possible care in receiving and executing orders. Accepted orders will be executed with due speed and at most within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order can only be partially executed, the consumer will be notified within 30 days. In that case the consumer has the right to dissolve the agreement without costs and is entitled to a refund within 14 days.
Article 12 - Continuing transactions
The consumer can terminate an agreement concluded for an indefinite period and relating to the regular delivery of products or services at any time, with a maximum notice period of one month. An agreement for a definite period may not be tacitly renewed for a definite period.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period. The consumer has a duty to immediately report inaccuracies in payment details provided. In case of non-payment the merchant is entitled to charge reasonable pre-announced costs.
Article 14 - Complaints procedure
The merchant has a sufficiently publicised complaints procedure. Complaints about the execution of the agreement must be submitted within 2 months after the consumer has discovered the defects. Complaints submitted to the merchant will be answered within 14 days. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. In the event of complaints not resolved by mutual agreement, the consumer can contact Stichting WebwinkelKeur (webwinkelkeur.nl), which mediates free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the merchant and the consumer to which these general terms and conditions relate, even if the consumer lives abroad. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
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 the consumer can store them on a durable medium.