General 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 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 extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Article 17 – Payment in installments

1. Definitions

In these terms and conditions, the following definitions apply:

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 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. Long-term 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 unchanged reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model withdrawal form: the model withdrawal form that the entrepreneur makes available for a consumer to fill in if 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 the remote sale of products and/or services, exclusively one or more techniques for remote communication are used up to and including the conclusion of the agreement;
10. Technique for remote communication: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
12. Return label: label that must be intact on the product if the consumer wishes to return a product.

2. Identity of the entrepreneur

Purse Curse
Kazernestraat 10, 5928NL Venlo
The Netherlands

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

3. Applicability

3.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.

3.2 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 to the consumer free of charge as soon as possible upon request.

3.3 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.

3.4 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 rely on the applicable provision that is most favorable to them.

3.5 If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the scope of the original as much as possible.

3.6 Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

3.7 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.

4. The offer

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

4.2 The offer is without obligation. The entrepreneur is entitled to change and adapt 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 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 obvious errors in the offer do not bind the entrepreneur.

4.4 All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

4.5 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.

4.6 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. This concerns in particular:

-the price including taxes;

-any shipping costs;

-the way in which the agreement will be concluded and what actions are required for this;

-whether or not the right of withdrawal applies;

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

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

-the amount of the rate for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the communication method used;

-whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

-the way in which the consumer can check the data provided by them in the context of the agreement before concluding the agreement and, if desired, rectify them;

-any other languages in which the agreement can be concluded in addition to Dutch;

-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

-the minimum duration of the distance contract in the case of a long-term transaction.

5. The agreement

5.1 The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

5.2 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.

5.3 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

5.4 The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet their 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.

5.5 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:

5.6 the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;

-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;

-information about guarantees and existing after-sales service;

-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;

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

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

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

6. Right of withdrawal

Upon delivery of products:

6.1 When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.

6.2 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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied 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 viewing period is intended to assess the product as in a physical store. This means that the customer may inspect and try out the product to the extent necessary to determine its nature, characteristics, and functioning. Intensive use beyond what is necessary for this assessment is not permitted. To prevent misuse of the right of return, our products are provided with a return label. This label is attached in such a way that trying out the product remains possible, but intensive use is discouraged.

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

6.5 If the return label is missing or damaged, the return will be refused, unless the customer can demonstrate that the removal was necessary for a proper assessment of the product. In that case, the statutory right of withdrawal remains applicable.

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 using the model form or by means of another communication method such as by e-mail. After the consumer has made known 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.

6.7 If the customer has not made known that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in article 6 paragraphs 1 and 6, the purchase is a fact. If a customer has questions about the return policy or the return label, Purse Curse can be contacted via info@pursecurse.nl.

Upon delivery of services:

6.8 When providing services, 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.

6.9 To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

7. Costs in case of withdrawal

7.1 If the consumer exercises his right of withdrawal, at most the costs of return shipment will 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 withdrawal. This is conditional on the product having been returned to the online retailer or conclusive proof of complete return being provided. The refund will be made via the same payment method used by the consumer unless the consumer expressly gives permission for a different payment method.

7.3 In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation 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 must be done before the conclusion of the purchase agreement.

8. Exclusion of 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 only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

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

-that have been created by the entrepreneur in accordance with the consumer's specifications;

-that are clearly personal in nature;

-that cannot be returned due to their nature;

-that can spoil or age quickly;

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

-for loose newspapers and magazines;

-for audio and video recordings and computer software of which the consumer has broken the seal;

-for hygienic products of which the consumer has broken the seal. Or has broken the return label.

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

-concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

-whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;

-concerning bets and lotteries.

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

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 as a result of changes in VAT rates.

9.2 Notwithstanding the previous paragraph, the entrepreneur can 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.

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

9.4 Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

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

-the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

9.6 The prices stated 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 the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

10. Conformity and warranty

10.1 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.

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 on the basis of the agreement.

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

10.4 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.

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 have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or those on the packaging;

-the defect is wholly or partly the result of regulations imposed by the government or to be imposed regarding the nature or quality of the materials used.

11. Delivery and execution

11.1 The entrepreneur will exercise 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 with due speed, 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 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 is not entitled to compensation.

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

11.5 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 within 14 days after dissolution.

11.6 If delivery of an ordered product proves 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 is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.

11.7 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 known representative of the entrepreneur, unless expressly agreed otherwise.

12. Long-term transactions: duration, termination and extension

Termination

12.1 The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.

12.2 The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.

12.3 The consumer can terminate the agreements mentioned in the previous paragraphs:

-at any time and not be limited to termination at a specific time or in a specific period;

-at least in the same way as they were entered into by him;

-always 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, an agreement entered into for a definite period and which extends to 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 no more than one month.

12.6 An agreement entered into for a definite period and which extends to 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 extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

12.7 An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

12.8 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.

13. Payment

13.1 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.

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

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

14. Complaints procedure

14.1 The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

14.2 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.

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 an acknowledgment 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 that is subject to the dispute resolution procedure.

14.5 In case of complaints, a consumer should 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 (webwinkelkeur.nl), who will mediate free of charge. Check if this web store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant 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 will, at his discretion, either replace or repair the delivered products free of charge.

15. Disputes

15.1 Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Also if the consumer resides abroad.

15.2 The Vienna Sales Convention does not apply.

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 they can be stored by the consumer in an accessible manner on a durable data carrier.

17. Payment in installments

17.1 Payment in installments is only possible after prior consultation with Purse Curse and applies only 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 costs or interest will be charged for payment in installments.

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

17.6 In that case, the installments already paid will be considered as compensation for the reservation of the product and the lost sale. Refunds of paid installments are excluded.

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

17.8 The customer is advised to carefully check in advance whether he/she can meet the payment obligations before opting for payment in installments.