ARTICLE 1

DEFINITIONS

 In these terms and conditions the following terms shall have the following meanings:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
   
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
   
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
   
4. Day: calendar day;
   
5. Digital content: data produced and supplied in digital form;
   
6. Duration agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a specific period;
   
7. Durable medium: any instrument – including email – that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
   
8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
   
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
   
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
    
11. Distance communication technology: means that can be used to conclude an agreement, without the consumer and the trader having to be in the same place at the same time;

 

ARTICLE 2

IDENTITY OF THE ENTREPRENEUR

Pure Glow
PO Box 21345
3001 AH, Rotterdam
Tel: +31 (0) 6 45224853 (Mon – Sat from 09:00 – 18:00)
Email: info@pureglow.nl
Chamber of Commerce number; 67410898
VAT identification number; NL 002332146 B07
  

ARTICLE 3

APPLICABILITY

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be consulted 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, 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's 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 apply accordingly and, in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favourable to him.

ARTICLE 4

THE OFFER

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
   
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
   
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

ARTICLE 5

THE AGREEMENT

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
   
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate 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 implement appropriate security measures.
   
4. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
   
5. The entrepreneur will send the following information 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, at the latest upon delivery of the product, service or digital content:
   
   a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
   
   b. 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;
   
   c. the information about guarantees and existing after-sales service;
   
   d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
   
   e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   
   f. if the consumer has a right of withdrawal, the model withdrawal form.
   
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6

RIGHT OF WITHDRAWAL

 For products:

1. The consumer can cancel a contract regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
   
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
   
   a. If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that the entrepreneur has clearly informed the consumer of this prior to the ordering process.
   
   b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
   
   c. in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

For services and digital content not supplied on a tangible medium:

1. The consumer can cancel a service agreement or a contract for the supply of digital content not delivered on a tangible medium within 14 days without giving any reason. The trader may ask the consumer for the reason for cancellation, but may not oblige them to state their reason(s).
2. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
3. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
   
4. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

ARTICLE 7

CONSUMER OBLIGATIONS DURING THE COOLING-OFF PERIOD

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
   
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
   
3. The consumer is not liable for any diminished value of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

ARTICLE 8

EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND THE COSTS THEREOF

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
   
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product itself. The consumer has in any case complied with the return period if they return the product before the cooling-off period has expired.
   
3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
   
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
   
5. The consumer bears the direct costs of returning the product. If the business has not indicated that the consumer must bear these costs, or if the business indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
   
6. If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has already fulfilled at the time of revocation, compared with the full fulfilment of the obligation.
   
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
   a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model withdrawal form, or;
   b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
   
8. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
   
   a. he has not expressly agreed, prior to delivery, to the commencement of performance of the agreement before the end of the cooling-off period;
   
   b. he has not acknowledged that he loses his right of withdrawal by giving his consent; or
   
   c. the entrepreneur has failed to confirm this statement from the consumer.
   
9. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

ARTICLE 9

OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL

• If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
  
• The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days of the day on which the consumer notified them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer proves they have returned the product, whichever is earlier.
  
• The entrepreneur will use the same payment method the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  
• If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

ARTICLE 10

EXCLUSION OF RIGHT OF WITHDRAWAL

 The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
   
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
   
3. Service agreements, after full performance of the service, but only if:
   a. the performance has begun with the consumer's express prior consent; and
   b. the consumer has stated that he will lose his right of withdrawal once the trader has fully performed the agreement;
   
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;
   
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
   
6. Products manufactured to consumer specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person;
   
7. Products that spoil quickly or have a limited shelf life;
   
8. Sealed products which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;
   
9. Products which after delivery are irreversibly mixed with other products by their nature;
   
10. Alcoholic beverages, the price of which has been agreed upon at the time the contract is concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
    
11. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
    
12. Newspapers, periodicals or magazines, except for subscriptions to these;
    
13. The supply of digital content other than on a tangible medium, but only if:
    a. the performance has begun with the consumer's express prior consent; and
    b. the consumer has stated that he thereby loses his right of withdrawal.

ARTICLE 11

THE PRICE

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.
   
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection 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 statutory 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:
   a. these are the result of statutory regulations or provisions; or
   b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
   
5. The prices stated in the offer of products or services include VAT.

ARTICLE 12

COMPLIANCE WITH AGREEMENT AND EXTRA 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 in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
   
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil its part of the agreement.
   
3. An extended warranty is understood to mean any obligation of the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.