General terms and conditions

Article 7 - Right of withdrawal 

1. A consumer may cancel an online purchase within 14 days after purchase without giving any reason. This right of withdrawal does not apply when:

• the product has been used
• it is a product that can spoil quickly, such as food or flowers
• it is a product that has been tailor-made or adapted specifically for the consumer
• it is a product that cannot be returned for hygiene reasons, such as underwear or swimwear
• the seal is not intact, in the case of data carriers with digital content, such as DVDs or CDs
• the product or service concerns accommodation, a trip, a restaurant business, transport, a catering order or a form of leisure activity
• the product is a loose magazine or loose newspaper
• the consumer has waived his right of withdrawal

2. The 14-day reflection period in paragraph 1 commences:
   • on the day after the consumer has received the last product or part of 1 order
   • once the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make use of his cooling-off period by sending an email with that subject to klantenservice@purelygoods.nl, possibly using the withdrawal form available on the PurelyGoods website, https://purelygoods.nl/.
4. The consumer must return the product to PurelyGoods within 14 days after making his right of withdrawal known, otherwise his right of withdrawal will lapse.

Article 8 - Reimbursement of delivery costs

1. If the consumer has cancelled his purchase on time and has returned the entire order to PurelyGoods on time, PurelyGoods will refund any shipping costs paid by the consumer within 14 days of receipt of the order that has been returned in full on time.
2. Delivery costs will only be borne by PurelyGoods if the entire order is returned.

Article 9 - Reimbursement of return costs

1. If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.

Article 10 - Right of suspension

1. Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 11 - Right of retention

1. PurelyGoods may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of PurelyGoods, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to PurelyGoods.
3. PurelyGoods is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 12 - Settlement

1. Unless the Customer is a consumer, he waives his right to offset a debt to PurelyGoods against a claim on PurelyGoods.

Article 13 - Retention of title 

1. PurelyGoods shall retain ownership of all delivered products until the Customer has paid all outstanding invoices from PurelyGoods relating to an underlying agreement, including claims arising from failure to perform.
2. Until that time in paragraph 1, PurelyGoods may exercise its retention of title and take back the goods.
3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
4. If PurelyGoods exercises its right of retention of title, the agreement will be terminated and PurelyGoods may claim damages, lost profits and interest from the Customer.

Article 14 - Delivery

1. Delivery will take place while stocks last.
2. Delivery will take place at PurelyGoods, unless otherwise agreed.
3. Delivery of products ordered online will take place at the address specified by the Customer.
4. If the Customer does not pay the agreed amounts or does not pay them on time, PurelyGoods may suspend its obligations until the Customer pays.
5. In the event of late payment, the creditor is in default, meaning that the Customer cannot object to late delivery to PurelyGoods.

Article 15 - Delivery time 

1. The delivery times of PurelyGoods are indicative. If delivery is later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time commences when the Customer has fully completed the ordering process and has received confirmation from PurelyGoods.
3. The Customer will not receive any compensation and may not cancel the agreement if PurelyGoods delivers later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if PurelyGoods cannot deliver within 14 days, after having been reminded in writing or the Customer and PurelyGoods have agreed otherwise.

Article 16 - Actual delivery

1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 17 - Transport costs 

1. The Customer shall pay the costs for transport, unless the Customer and PurelyGoods have agreed otherwise in writing.

Article 18 - Packaging and shipping

1. If the packaging of a delivered product is opened or damaged, the Customer must have a note made of this by the carrier before receiving the product. If the Customer does not do this, he cannot hold PurelyGoods liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to PurelyGoods prior to transport. If the Customer does not do this, he cannot hold PurelyGoods liable for any damage.

Article 19 - Storage 

1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late collection of products will be borne entirely by the Customer.

Article 20 - Warranty

1. The warranty on products only applies to defects caused by defective workmanship or construction or defective materials.
2. The warranty does not apply:
   - in the event of normal wear and tear
   - for damage caused by accidents
   - for damage caused by changes made to the product
   - for damage caused by negligence or improper use by the Customer
   - when the cause of the defect cannot be clearly determined
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the time when they are legally and/or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product on behalf of the Customer.

Article 21 - Exchange 

1. The Customer may exchange a purchased item. The following conditions apply:

• Exchanges take place within 14 days after purchase, provided the Customer can show the original invoice
• the product is returned in its original packaging and with the original price tag attached
• the product has not yet been used

2. Discounted items, perishable products, custom-made items or items specially adapted for the Customer cannot be exchanged.

Article 22 - Indemnification

1. The Customer indemnifies PurelyGoods against all claims from others relating to the products and/or services supplied by PurelyGoods.

Article 23 - Complaints

1. The Customer must examine a product or service supplied by PurelyGoods as soon as possible for any deficiencies.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform PurelyGoods of this within 1 month of discovering the shortcoming.
3. A consumer must inform PurelyGoods of the defect within 2 months of discovering it.
4. The Customer shall provide as detailed a description as possible of the shortcoming, so that PurelyGoods can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and PurelyGoods.
6. If a complaint concerns ongoing work, the Customer cannot demand that PurelyGoods perform work other than that agreed upon.

Article 24 - Notice of default

1. The Customer must notify PurelyGoods in writing of any notice of default.
2. The Customer is responsible for ensuring that his notice of default actually reaches PurelyGoods on time.

Article 25 - Customer Liability

1. When PurelyGoods enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the agreements in that agreement.

Article 26 - Liability of PurelyGoods

1. PurelyGoods is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
2. If PurelyGoods is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.
3. PurelyGoods is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
4. If PurelyGoods is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance. If no insurance is concluded or no amount of damages is paid out, then the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalogue are only indicative and cannot lead to any compensation, dissolution or suspension.

Article 27 - Expiry period

1. Any right of the Customer to compensation from PurelyGoods expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 BW.

Article 28 - Dissolution

1. The Customer may cancel the agreement if PurelyGoods is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.
2. If compliance with the obligations by PurelyGoods is still possible, dissolution can only take place after PurelyGoods is in default.
3. PurelyGoods may cancel the agreement with the Customer if the Customer does not fully or timely fulfil his obligations under the agreement, or if PurelyGoods has become aware of circumstances that give it good reason to assume that the Customer will not fulfil his obligations.

Article 29 - Force Majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of PurelyGoods by the Customer cannot be attributed to PurelyGoods in the event of force majeure.
2. The force majeure situation in paragraph 1 also includes, among other things:
   - an emergency such as a civil war or natural disaster
   - default or force majeure of suppliers, deliverers or others
   - power, electricity, internet, computer or telecom outages
   - computer viruses
   - strikes
   - government measures
   - transportation problems
   - bad weather conditions
   - work stoppages
3. If a force majeure situation occurs as a result of which PurelyGoods cannot fulfil one or more obligations to the Customer, those obligations will be suspended until PurelyGoods can fulfil them.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both the Customer and PurelyGoods may cancel the agreement in writing in whole or in part.
5. In the event of force majeure, PurelyGoods is not obliged to pay any compensation to the Customer, even if PurelyGoods benefits from this.

Article 30 - Amendment of agreement

1. If it is necessary for the execution thereof to change a closed agreement, the Customer and PurelyGoods can adjust the agreement. This does not apply to products that the Customer has purchased in a physical store.

Article 31 - Amendment of general terms and conditions

1. PurelyGoods may change these terms and conditions.
2. PurelyGoods may always implement changes of minor importance.
3. PurelyGoods will discuss major changes with the Customer in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.

Article 32 - Transfer of rights

1. The Customer may not transfer any rights under an agreement with PurelyGoods to others without the written consent of PurelyGoods.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 33 - Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what PurelyGoods had in mind when drawing up the conditions on that point.

Article 34 - Applicable law and competent court

1. These general terms and conditions and any underlying agreement between the Customer and PurelyGoods are governed by Dutch law.
2. The court in the district where PurelyGoods is established has exclusive jurisdiction to hear any disputes between the Customer and PurelyGoods, unless the law provides otherwise.

Created on September 19, 2023.