GENERAL TERMS AND CONDITIONS / PRIVACY STATEMENT / COOKIE POLICY
CONTACT
Do you have any questions about our webshop? Please send an email to klantenservice@purdey.nl or call +31 (0)73-543 14 88 from monday to thursday between 10 a.m. and 12 p.m. and between 1 p.m. and 4 p.m. On Fridays between 10 a.m. and 12 p.m.
PURDEY MODE 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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and performance
Article 14 - Continuing performance contracts: duration, termination, and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement and these goods, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Continuing performance agreement: an agreement that extends to the regular delivery of goods, services, and/or digital content during a certain period;
- Durable data carrier: any tool, including email, that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation or use for a period of time that is appropriate for the purpose for which the information is intended, and that allows for the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Trader: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
- Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions. Appendix I does not need to be made available if the consumer does not have a right of withdrawal with regard to their order;
- Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having to be physically present in the same space at the same time.
Article 2 - Identity of the trader
Purrr B.V., part of Purdey Mode BV
Huygensweg 36, Schijndel
Telephone number: 073-543 14 88 (Monday to Friday from 9:00 a.m. to 5:00 p.m.)
Email address: klantenservice@purdey.nl
Chamber of Commerce number: 84212160
VAT identification number: 8631.33.782.B01
Article 3 - Applicability
- 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.
- 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 viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded electronically, contrary to 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 viewed electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
- 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 conditions, the consumer may always invoke the applicable provision that is most favorable to him.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- 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 make a proper assessment of 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.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.
- If the consumer has accepted the offer electronically, the trader 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 trader, the consumer can dissolve the agreement.
- 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 take appropriate security measures.
- The entrepreneur may, 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 agreement. 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, stating reasons, or to attach special conditions to the execution.
- The entrepreneur will provide the consumer with the following information 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:
- the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
- 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;
- information about guarantees and existing after-sales service;
- the price, including all taxes, of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 - Right of withdrawal
For products:
- The consumer may terminate a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
- The cooling-off 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:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
- in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if the right of withdrawal has not been communicated:
- If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for any diminished value of the product resulting from the handling of the product beyond what is permitted in paragraph 1.
- The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- 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.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall 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 himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of returning the product.
- If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.
Article 9 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes it possible for the consumer to notify them of withdrawal electronically, they will send a confirmation of receipt immediately after receiving this notification.
- The entrepreneur shall 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 following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- The trader shall use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract:
- Products or services whose price is dependent on fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
- Contracts concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to consumers who are personally present or have the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
- Service agreements, after full performance of the service, but only if:
- the performance has begun with the consumer's express prior consent; and
- the consumer has declared that they lose their right of withdrawal once the trader has fully performed the agreement;
- Package tours as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
- Service agreements for the provision of accommodation, if the agreement specifies a specific date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;
- Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
- Products manufactured to the consumer's 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;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that, by their nature, have been irrevocably mixed with other products after delivery;
- Alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
- Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
- Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
- The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the consumer's express prior consent; and
- the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
- Contrary to 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, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they 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.
- The prices stated in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability 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.
- An additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill its part of the agreement.
- An additional guarantee is understood to mean any commitment by 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 fulfill its part of the agreement.
Article 13 - Delivery and performance
- The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, 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 terminate the agreement without costs and is entitled to compensation.
- After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Long-term transactions: duration, termination, and renewal
Termination:
- 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 the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into by the consumer;
- always with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
- Contrary to the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
- A contract that has been entered into for a fixed period and that covers the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the case of an agreement for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
- A contract of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate at the end of the trial or introductory period.
Duration:
- 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 preclude termination before the end of the agreed duration.
Article 15 - Payment
- Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period shall commence on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in the general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
- If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet their payment obligations, after failure to pay within this 14-day -term, the consumer will owe statutory interest on the amount still due and the entrepreneur will be entitled to charge the extrajudicial collection costs incurred by him. These collection costs will amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 17 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. The European Commission offers a platform for online dispute resolution for consumers, which can be found at Dispute Resolution Platform
Article 18 - 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 laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
ONLINE PRIVACYSTATEMENT
This statement is effective as of May 10, 2018.
Your privacy is important to us; your trust is of the utmost importance to us.
In this statement, we disclose our information policy for the use of our organization's websites and/or applications, ranging from the type of information we collect and store about the users of our websites and/or applications to the way in which that information is used. It also describes how cookies are used.
This statement applies to websites and/or applications of our organization that contain links to this statement. The statement does not apply to those websites and/or applications that have been developed or are managed by us and that have their own privacy statement.
Below, we explain how we as an organization handle your data for each section:
- Scope
- Personal data
- Collection of personal data
- Use of personal data
- Security and accuracy of information
- Storage of your data
- Cookies
- Notification of changes
- Questions about privacy and access to your data
Scope
The Online Privacy Statement applies to our organization's websites and/or applications where personal data is collected during the use of these websites.
Personal data
Personal data is understood to mean data that can be traced back to an identified or identifiable natural person. This means that the name of the person to whom the data relates is known or that the person can be traced. An example of personal data is a person's name or home address, but email addresses can also be personal data.
We collect your personal data for the purpose of corresponding with you by post, email, or social media. In addition, we may also collect information about your use of our websites. We use various techniques for this, including cookies.
The collection of personal data
Your data, which you provide through the use of the relevant websites and/or applications, will be processed in a proper and careful manner in accordance with the law. This means that in some cases we will ask for your consent to process your personal data.
What your personal data is used for
- To process personal data when we have a legal basis for doing so. The legal bases are: consent, agreement, legal obligation, vital interest, and public law task.
- To handle your requests insofar as these are submitted via a contact form.
- To contact you in writing, by email, or by telephone.
- To send you a newsletter.
- To support services that you wish to purchase or have purchased from us.
- To compile statistics on the use of the websites.
Your options
- If we collect data from you, you can let us know that you do not want this data to be used. If there is no legal obligation for us to use and store your data, we will delete it.
- In addition, you can disable the use of cookies in your browser.
Use of personal data
The following paragraph describes in more detail how we may use your personal data.
Your personal data will only be used for the purpose for which you provided it. This means that if, for example, you enter your name and address to receive certain information, this data will not be used to send you other information (unless this is indicated and you have given your consent). It also means that your data will not be used for other purposes, such as sending newsletters. You will need to register separately and give your consent for this.
Data may be used for investigation purposes if criminal offenses are committed or criminal statements are made via the website (and other exceptions as mentioned in Article 23 of the General Data Protection Regulation).
Security and accuracy of information
We want to protect your personal data and maintain its accuracy. Our organization implements reasonable physical, administrative, and technical security measures, possibly with the help of external parties. In doing so, we want to protect your personal data against unauthorized access, unauthorized use, and unauthorized disclosure.
Retention of personal data
We retain your data for as long as necessary to provide the services you have requested. If you wish to request that we no longer use your data to provide services to you, please contact our organization's Data Protection Officer by mail. The address can be found at the bottom of the Privacy Statement under the heading “Questions about privacy and access to your data.”
We will retain and use your data to the extent necessary to comply with our legal obligations as an organization and to implement our agreements.
- For the processing of personal data when we have a legal basis for doing so
- For the handling of your requests insofar as these are submitted via a contact form
- For contacting you in writing, by email, or by telephone
- For sending a newsletter
- To support services you have purchased from us
- For compiling statistics on the use of the websites and/or applications.
Cookies
As mentioned above, we record information about your visit to our websites and/or applications to help us collect statistics on the use of the relevant websites and/or applications.
Notice of changes
When significant changes or updates are made to this Privacy Statement, we will post a notice at the top of this page for 30 days. This is to alert users to these changes or updates. If we wish to use your personal data in a manner that differs from the manner that applied at the time the data was collected via the website(s), we will notify you of this. In that case, we will offer you the opportunity to indicate whether or not we may use your personal data in this new manner.
Questions about privacy and access to your data
If you have any questions about this Privacy Statement or about the processing of your data by our organization, please send a request to the Data Protection Officer. You can send your request to:
avgfunctionaris@purdey.nl
COOKIES
We use cookies to ensure that the Purdey webshop works properly and that you can enjoy shopping.
What are cookies?
Cookies collect information that is necessary for a website to function properly. Purdey cookies are safe and anonymous. They cannot collect personal information and are safe for your PC, laptop, phone, or tablet.
What types of cookies are there?
Cookies ensure that:
- you remain logged in and can shop without interruption;
- items remain in your shopping cart;
- you can shop safely at Purdey;
- the website is fast;
- errors and inconveniences on the website are detected;
- statistical data can be collected, such as the number of visitors;
- improvements can be tested;
- personalized advice is possible based on previously purchased and/or viewed items;
- you can share products via social media such as Facebook and Google.
- advertisers and parties engaged by advertisers can measure how often an advertisement is displayed or clicked on. In addition, they can measure whether orders are placed at a later time via the advertiser's website.
How long do cookies remain?
Most cookies from Purdey.nl disappear when you close your browser. Some cookies remain for a few days to a few years. You can delete them yourself at any time via your browser.
Deleting or disabling cookies
You can always delete or disable cookies yourself via your browser settings. Instructions on how to change your cookie settings can be found under Help in most browsers. Please note: most websites do not work optimally if you disable cookies.