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 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 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 within which the consumer can exercise their
right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or
business 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, where the delivery and/or purchase obligation is
spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to
store information addressed to them personally, in a way that allows future
consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the reflection period;
7. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill out when they want 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 agreement, only one or more remote communication techniques are used;
10. Remote communication technique: means that can be used for concluding an agreement, without the consumer and entrepreneur having met simultaneously in the same space.
11. General Terms and Conditions: the present 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, 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 that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, in derogation of 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,
before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or by other means upon request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis 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 are annulled, the agreement and these
conditions shall remain in force for the remainder and the relevant provision shall be
replaced without delay by mutual agreement with a provision that approaches the scope of the original as much as possible.
6. Situations not regulated in these general terms and conditions should 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 should 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 under specific conditions,
this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to amend 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 allow 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 apparent errors in the offer do not bind the entrepreneur.4. All images, specifications 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, which are attached to the acceptance of 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 for this;
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 remote communication if the costs of using the
remote communication technique are calculated on a basis other than the
regular basic rate for the communication method used;
o whether the agreement will be archived after 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
the data provided by him in the context of the agreement and, if desired, correct it;
o any other languages in which, in addition to Dutch, the agreement can be concluded;
o the codes of conduct to which the entrepreneur has subjected himself 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 event of a
duration transaction.

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 – 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 agreement. If, on the basis of 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 its 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 data carrier:o the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
o the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
o the information about guarantees and existing service after purchase;
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 only applies 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 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 its 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 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.
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 do this 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 in time, for example by means of proof of shipment.
4. If the customer has not made known his desire to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, 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 of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the maximum cost of return will be borne by him.2. 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. However, this is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, 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 the 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 a timely manner before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
o that have been created by the entrepreneur in accordance with the consumer's specifications;
o that are clearly personal in nature;
o that cannot be returned due to their nature;
o that spoil or age quickly;
o whose price depends on 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 of which the consumer has broken the seal;
o for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
o concerning accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
o whose delivery has begun with the express consent of the consumer before the reflection period has expired;
o concerning betting 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 resulting from 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 dependence on fluctuations and the fact that any stated prices are target prices will be mentioned 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 as 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. No liability is accepted for the consequences of 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, 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 legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or wrongly 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 modified the delivered products himself or has had them repaired and/or modified by third parties;
o the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in violation of the entrepreneur's instructions and/or those on the packaging;
o the defect is wholly or partly the result of regulations that the government has set or will set 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. Subject to what is stated in paragraph 4 of this article, the company will execute accepted
orders with due speed, 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 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
without costs. The consumer has no right 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 impossible, the entrepreneur will endeavor to make
a replacement item available. No later than at delivery, it will be clearly and comprehensibly
stated that a replacement item will be delivered. The right of withdrawal cannot be
excluded for replacement items. 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 and made known representative 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 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 no more than
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
against the end of the definite period with due observance of the agreed termination rules
and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned 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 and 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 against the end of the extension
with a notice period of no more than 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 may terminate at any time with a notice period of no more than one month
and a notice period of no more than 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 acquaintance (trial or acquaintance subscription) will not
be tacitly continued and will automatically end after the trial or acquaintance 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 no more than 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 start 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 starts after the
consumer has received confirmation of the agreement.
2. The consumer is obliged to report inaccuracies in provided or stated payment details to
the entrepreneur without delay.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal
restrictions, to charge the reasonable costs previously made known to the consumer.

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 execution 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,
calculated 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 contact the entrepreneur. If the web store is
affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved
by mutual agreement, the consumer must contact Stichting WebwinkelKeur
(www.webwinkelkeur.nl), which will mediate free of charge. Check if this web store has an
active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached
then, the consumer has the option to have his complaint handled by the independent
disputes committee appointed by Stichting WebwinkelKeur; its decision is binding, and both
the entrepreneur and the 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. It is also possible to register 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 justified by the entrepreneur, the entrepreneur will, at its
discretion, 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 relate are exclusively governed by Dutch law. This also applies if the consumer
resides abroad.
2. The Vienna Sales Convention does not apply.