Terms and Conditions

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 – Long-term Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Articlel 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 17 – Payment in Installments

Article 1 – Definitions

In these terms and conditions, the following is understood to mean:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Read all about the cooling-off period.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calender day:
4. Duration transaction: a distance contract regarding a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows 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 cooling-off period;
7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: an agreement under which, 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, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
12. Return vignette: vignette that must be intact on the product if the consumer wishes to return a product.

Article 2 – Identity of the entrepreneur

Purse Curse
Kazernestraat 10

5928NL Venlo
Netherlands

Phone +31 6 2025 5508
Email info@pursecurse.nl
Chamber of Commercenumber 85197254
VAT number NL004067796B37

Article 3 – Applicability.

3.1 These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.

3.2 Before the distance contract is concluded, the text of these general 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 and they will be sent free of charge as soon as possible at the consumer’s request.

3.3 If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general 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, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.

3.4 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 in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

3.5 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 shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.

3.6 Situations not covered by these General Terms and Conditions should be judged “in the spirit” of these General Terms and Conditions.

3.7 Uncertainties about 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

4.1 If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

4.2 The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

4.3 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4.4 All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

4.5 Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

4.6 Each 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 concerns in particular:

-the price including taxes;

-the cost of shipping, if any;

-the manner in which the agreement will be established and what actions are necessary to do so;

-the applicability or non-applicability of the right of withdrawal;

-the method of payment, delivery and performance of the agreement;

-the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

-the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;

-whether the contract is archived after its conclusion, and if so in which it can be accessed by the consumer;

-the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;

-the possible other languages in which, in addition to Dutch, the agreement may be concluded;

-the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and

-the minimum duration of the distance contract in the case of an endurance transaction.

Article 5 – The Agreement

5.1 The agreement, subject to the provisions of paragraph 4, is established at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.

5.2 If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

5.3 If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

5.4 The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.

5.5 The entrepreneur will include 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 way on a durable data carrier:

5.6 the visiting address of the establishment of the entrepreneur to which the consumer can address complaints;

-the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;

-the information about warranties and existing service after purchase;

-the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

-the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

-In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

-Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

On delivery of products:

6.1 When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

6.2 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 delivered accessories (including any free gifts) and – if reasonably possible – in the original condition and packaging to the entrepreneur. In accordance with the reasonable and clear instructions provided by the entrepreneur.

6.3 The trial period is intended to evaluate the product as in a physical store. This means that the customer may view and try the product to the extent necessary to determine its nature, characteristics and operation. Intensive use beyond what is necessary for this evaluation is not permitted. To prevent abuse of the right of return, our products are provided with a return vignette. This vignette is attached in such a way that trying out the product remains possible, but intensive use is discouraged.

6.4 The return vignette may only be removed if necessary to try out the product. If the return vignette is removed or damaged when it was not necessary to determine the nature, characteristics and operation of the product, Purse Curse reserves the right to refuse the return. This policy will be clearly communicated during the purchase process.

6.5 If the return vignette is missing or damaged, the return shipment will be refused, unless the customer can prove that the removal was necessary for a correct assessment of the product. In this case, the statutory right of withdrawal shall continue to apply.

6.6 If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use 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 a proof of shipment.

6.7 If the customer has not expressed his/her wish to exercise his/her right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods mentioned in article 6 paragraphs 1 and 6, the purchase is a fact. If a customer has any questions about the return policy or the return vignette, Purse Curse can be contacted at info@pursecurse.nl.

When providing services:

6.8 In the delivery of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.

6.9 To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

7.1 If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.

7.2 If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided. Repayment will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.

7.3 If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.

7.4 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 should be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal.

8.1 The entrepreneur can exclude the consumer’s right of withdrawal for products as described in article 8 paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

8.2 Exclusion of the right of withdrawal is only possible for products:

-that have been made by the entrepreneur in accordance with consumer specifications;

-that are clearly personal in nature;

-that due to their nature cannot be returned;

-that can spoil or age quickly;

-whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

-for single newspapers and magazines;

-for audio and video recordings and computer software whose seal has been broken by the consumer;

–for hygienic products whose seal has been broken by the consumer. Or has broken the return seal.

8.3 Exclusion of the right of withdrawal is only possible for services:

-related lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;

-whose delivery began with the consumer’s express consent before the cooling-off period expired;

-related betting and lotteries.

8.4 The right of withdrawal is also excluded for products purchased through payment in instalments. These purchases are specifically reserved upon request and under special conditions, and cannot be cancelled or returned, regardless of the reason.

Article 9 – The price

9.1 During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

9.2 Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

9.3 Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

9.4 Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

9.5 these are the result of statutory regulations or provisions; or

-the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

9.6 The prices mentioned in the offer of products or services include VAT.

9.7 All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In 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

10.1 The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

10.2 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 under the agreement.

10.3 Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of the discovery of the defect.

10.4 The entrepreneur’s guarantee period corresponds to the manufacturer’s guarantee 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.

10.5 The warranty does not apply if:

-the consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

-the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;

-the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose on the nature or quality of the materials used.

Article 11 – Delivery and execution

11.1 The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

11.2 The place of delivery is the address that the consumer has made known to the company.

11.3 Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.

11.4 All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.

11.5 In case of dissolution in accordance with the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

11.6 If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

11.7 The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 – Duration transactions: duration, termination and renewal

Termination

12.1 The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period not exceeding one month.

12.2 The consumer may terminate an agreement entered into for a definite term, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite term, subject to agreed termination rules and a notice period not exceeding one month.

12.3 The consumer may cancel the agreements mentioned in the previous paragraphs:

-cancel at any time and not be limited to cancellation at a particular time or period;

-at least cancel them in the same manner as they were entered into by him;

-always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

12.4 An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

12.5 Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.

12.6 A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

12.7 A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

12.8 If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

13.1 Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

13.2 The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.

13.3 In case of default of the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

14.1 The entrepreneur shall have a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.

14.2 Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months fully and clearly described, after the consumer has found the defects.

14.3 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 a notice of receipt and an indication of when the consumer can expect a more detailed answer.

14.4 If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

14.5 For complaints, a consumer should first turn to the entrepreneur. If the store is affiliated with WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur(webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership through https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the ability to complain to the independent WebwinkelKeur appointed disputes committee, the decision is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs associated that the consumer has to pay to the committee.

14.6 A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

14.7 If a complaint is found to be justified by the Entrepreneur, the Entrepreneur shall, at its option, either replace or repair the delivered products free of charge.

Article 15 – Disputes

15.1 On contracts between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.

15.2 The Vienna Sales Convention shall not apply.

Article 16 – Additional or different provisions

Additional provisions or provisions deviating from these general 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.

Article 17 – Payment in installments

17.1 Payment in installments is only possible after prior consultation with Purse Curse and applies exclusively to selected products.

17.2 For payment in installments, the product is reserved for the customer but will only be shipped once the full purchase amount has been paid.

17.3 The product remains the property of Purse Curse until the full amount has been paid.

17.4 No additional fees or interest are charged for payment in installments.

17.5 The payment obligation is binding. If the customer fails to meet the agreed installment payments or cancels the agreement, the right to delivery of the product is forfeited.

17.6 In such cases, the installments already paid are considered compensation for the reservation of the product and the lost sale. Refund of paid installments is excluded.

17.7 Products purchased through payment in installments are excluded from the right of withdrawal. These purchases cannot be returned or cancelled, regardless of the reason.

17.8 The customer is advised to carefully assess their ability to meet the payment obligations before opting for payment in installments.