General Terms and Conditions

MEDIATION TERMS

BUSINESS STRUCTURE

The offer of movable goods on the Website is not sold by the Website Owner, but by the Seller. When purchasing movable goods, therefore, a contract is concluded between the Buyer and the Seller. The Website Owner is therefore not a party to this sales agreement. The general terms and conditions applicable between Seller and Buyer are, for convenience, included in this document. Note: these general terms and conditions apply between Buyer and Seller and cannot therefore be invoked against the Website Owner.

If the Seller is established in a country within the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes, among other things, the following rights and guarantees:

The Seller must provide the Buyer with clear and written information regarding taxes, payment, delivery and performance of the agreement.
The Buyer shall receive the order within thirty (30) days, unless a different term has been agreed with the Seller. If the movable good is no longer available, the Seller must inform the Buyer accordingly. Any advance or other payments must be refunded within thirty (30) days, unless the Seller supplies a comparable movable good.
The Buyer has a right of withdrawal, meaning that the Buyer may cancel the purchase within at least fourteen (14) days without stating any reason. Any shipping costs incurred are borne by the Buyer. Any advance or other payments must be refunded within thirty (30) days.

IMPORT AND VAT RESPONSIBILITY

All goods are shipped directly from the Seller to the Buyer from outside the EU. The Seller or its logistics partner acts as exporter and importer of record. The Website Owner does not act as importer and bears no responsibility for import VAT, customs duties, or clearance fees. Any such taxes or fees are borne by the Buyer or handled by the Seller or carrier.

ARTICLE 1 – DEFINITIONS

In these Mediation Terms, the following definitions apply:

Website: the platform made available and accessible via {website}, including all associated subdomains.
Website Owner: the company {company_name}, established at {company_address}, and registered with the Chamber of Commerce under number {CoC Number}.
Buyer: the person who makes a purchase on the aforementioned Website.
Seller: the business that, either as a manufacturer or as a trader, sells movable goods to the Buyer.

ARTICLE 2 – RIGHTS OF THE BUYER (revised)

If the Seller is established within a country of the European Union (EU), Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. Under this directive, the Buyer is entitled to the following rights and guarantees:

Information Duties
The Seller must clearly and in writing provide the Buyer with all relevant information regarding applicable taxes, payment methods, delivery arrangements, and performance of the purchase agreement.
Delivery Term
The Buyer shall receive the ordered goods within thirty (30) days, unless a different delivery period has been expressly agreed with the Seller. If the goods are no longer available, the Seller must inform the Buyer accordingly. Any advance or other payments made by the Buyer must be refunded within thirty (30) days, unless the Seller delivers a comparable product as a replacement with the Buyer’s consent.
Right of Withdrawal
The Buyer has the statutory right to withdraw from the purchase within at least fourteen (14) days after receiving the goods, without giving any reason. Any shipping or return costs related to such withdrawal are borne by the Buyer, unless otherwise stated by the Seller. Any payments made in advance must be refunded within thirty (30) days after proper withdrawal.

ARTICLE 3 – NATURE OF THE MEDIATION SERVICE

No sale by Website Owner
The movable goods offered on the Website are sold by the Seller, not by the Website Owner. When a purchase is made, a sales contract is concluded between the Buyer and the Seller. The Website Owner is not a party to that sales contract and never acquires ownership of the goods.
Role of the Website Owner (intermediary for the Seller)
The Website Owner provides a mediation service to the Seller. Upon an order being placed, the Website Owner acts as an intermediary in the name and on behalf of the Seller to receive and transmit the Buyer’s order and—where applicable—to facilitate payment collection on behalf of the Seller. The Website Owner’s remuneration is its mediation commission as described in Article 4.
No importer/exporter role for Website Owner
If export and/or import formalities are required, these are performed by the Seller or its logistics partners. The Website Owner does not act as exporter or importer of record and bears no responsibility for customs clearance.
Direct shipment from the Seller
Orders are shipped directly by the Seller (or its logistics partners) to the Buyer. The Website Owner does not stock, handle, or ship the goods.
Taxes and charges (pointer)
Any import VAT, customs duties or clearance fees that may apply are not charged or collected by the Website Owner and are handled as set out elsewhere in these terms and on the checkout page.

ARTICLE 4 – PAYMENT

Payment collection
Payments made by the Buyer for an order placed through the Website are collected by the Website Owner on behalf of the Seller. The Website Owner is authorized to receive payments as the Seller’s payment agent and will remit the net proceeds to the Seller.
Commission for mediation service
The Website Owner receives a mediation fee or commission from the Seller for providing its intermediary service. This commission does not make the Website Owner a party to the sales contract between the Buyer and the Seller.
Price determination
All prices displayed on the Website are set by the Seller. These prices may differ from the purchase price that the Seller charges to the Website Owner for payment facilitation. Such differences represent the Website Owner’s agreed commission for the mediation service.
No VAT or customs collection by Website Owner
The Website Owner does not charge or collect import VAT, customs duties or clearance fees. Any such taxes or fees are borne by the Buyer or handled by the Seller or its logistics partners.

ARTICLE 5 – COMPLAINTS PROCEDURE

In the event that the Buyer is dissatisfied with the way in which the (mediation) agreement has been carried out, this may be reported to the Website Owner via the contact details listed on the Website. Any notification made by the Buyer will be handled by the Website Owner with the utmost care and as promptly as possible. The Website Owner shall provide a substantive response to the Buyer no later than fourteen (14) days after receipt of the notification.
If the Buyer remains dissatisfied with the procedure referred to in paragraph 1 of this article, the Buyer may submit the dispute to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).

These Platform Terms govern the relationship between Buyer and Seller. They do not create any sales obligations for the Website Owner (Pureform), who only provides mediation and payment facilitation services as described in the Mediation Terms.

Platform Terms

General Terms and Conditions – Table of Contents:
Article 1 – Definitions
Article 2 – Identity of the Seller
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 Performance
Article 12 – Continuing Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – 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 contract and these are supplied by the Seller or by a third party based on an agreement between that third party and the Seller;
Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, business, or craft and who enters into an agreement with the Seller;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing transaction: an agreement relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable data carrier: any tool that enables the consumer or Seller to store information addressed to him personally, in such a way that future consultation and unaltered reproduction of the stored information is possible, including email;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the withdrawal form provided by the Seller to the consumer that the consumer can fill in when he wishes to exercise his right of withdrawal;
Seller: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the Seller and the consumer within the framework of a system organized for distance sales of products and/or services, whereby up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used for concluding a contract without the consumer and Seller being simultaneously present in the same room;
General Terms and Conditions: these present General Terms and Conditions of the Seller.

ARTICLE 2 – IDENTITY OF THE WEBSITE OWNER

Website Owner (intermediary): L.dam en M.brand VOF (Pureform)

Registered address: Kerkstraat 7a, 2871ED Schoonhoven, The Netherlands

Chamber of Commerce: 83413243

VAT number: NL862864665B01

Email: info@pureform.nl | Tel: +31 6 2202 6830

Seller details: shown on each product page and order confirmation.

ARTICLE 3 – NATURE OF THE MEDIATION SERVICE

1. The goods offered on the Website are sold by the Seller, not by the Website Owner. When purchasing movable goods, a contract is concluded between the Buyer and the Seller. The Website Owner is not a party to that sales agreement and no ownership of the goods transfers to the Website Owner at any time.

2. Orders placed via the Website are transmitted to the Seller, who ships the goods directly to the Buyer. The Website Owner never owns, imports, or physically handles the goods and shall not be deemed the importer for VAT or customs purposes.
3. The Website Owner provides a mediation service only, acting as intermediary for the transmission of the Buyer’s order (and, where applicable, facilitating payment collection and onward remittance to the Seller). The Website Owner’s remuneration is its commission as described in Article 4.

4. If the Seller is established outside the Netherlands or the European Union and import is required, all export and import formalities are performed by the Seller or its logistics partners. Import, if any, is completed in the name of the Buyer. Any import VAT, customs duties or clearance fees are borne by the Buyer or handled by the Seller or carrier.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions of suspensive or resolutive effect, or any other condition, this shall be expressly stated in the offer.
The Seller offer is without obligation. The Seller is entitled to modify and amend the offer.
The Seller offer contains a complete and accurate description of the products and/or services offered at all times. The offer shall include a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. If the Seller uses images that imply that they represent the offered product, such images shall constitute a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind the Seller.
Images of products are a truthful representation of the products offered. The Seller cannot, however, guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes, in particular:
• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and the actions required for this;
• whether or not a tariff is charged for distance communication if the costs of using the distance communication technology are calculated on a different basis than the basic rate for the means of communication used;
• whether the agreement will be archived after its conclusion, and, if so, how it can be accessed by the consumer;
• the minimum duration of the distance contract in the case of a continuing transaction;
• the applicability of the right of withdrawal;
• the method of payment, delivery, and performance of the agreement.

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the Seller shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the Seller, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the Seller shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the Seller shall take appropriate security measures.
The Seller may, within statutory limits, ascertain whether the consumer is able to meet his payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the Seller has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
The Seller shall 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, no later than at the time of delivery of the product, service or digital content:
a. the visiting address of the Seller’s business establishment where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information regarding warranties and existing after-sales service;
d. the price, including taxes, of the product, service, or digital content;
e. the delivery costs, insofar as applicable;
f. the method of payment, delivery, or performance of the distance contract;
g. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
h. in the event that the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing transaction, the provision in the previous paragraph shall only apply to the first delivery.

ARTICLE 6 – RIGHT OF WITHDRAWAL

For the delivery of products:

1. When purchasing products, the Consumer has the right to withdraw from the agreement without stating any reason within fourteen (14) days.

2. This reflection period starts on the day after the Consumer, or a representative previously designated by the Consumer and notified to the Seller, has received the product.

3. If

a. the Consumer has ordered multiple products in one order, the reflection period commences on the day on which the Consumer, or a third party designated by the Consumer, has received the last product. The Seller may, provided this has been clearly communicated to the Consumer prior to the ordering process, refuse an order of multiple products with different delivery times;

b. the delivery of a product consists of several shipments or parts, the reflection period commences on the day on which the Consumer, or a third party designated by the Consumer, has received the last shipment or part;

c. the agreement relates to the regular delivery of products over a specified period, the reflection period commences on 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:

4. In the case of a service agreement or an agreement for the supply of digital content not supplied on a tangible medium, the Consumer may withdraw from the agreement without giving any reason within fourteen (14) days. This fourteen-day period commences on the day following the conclusion of the agreement.

Extended reflection period:

5. If the Seller has not provided the Consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period shall expire twelve (12) months after the end of the original reflection period determined in accordance with the preceding paragraphs.

6. If the Seller provides the Consumer with the information referred to in the previous paragraph within twelve (12) months of the start date of the original reflection period, the reflection period shall expire fourteen (14) days after the day on which the Consumer received that information.

Obligations during the reflection period:

7. During the reflection period, the Consumer shall handle the product and its packaging with care. The Consumer shall unpack or use the product only to the extent necessary to determine whether the product meets expectations. If the Consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Seller.

Notification and return:

8. To exercise the right of withdrawal, the Consumer must notify the Seller within fourteen (14) days after receipt of the product, using the model withdrawal form or by another unequivocal statement.

9. After notifying the intention to withdraw, the Consumer must return the product within fourteen (14) days. The Consumer must provide proof that the goods were returned on time, for example by means of a shipping receipt.

ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises the right of withdrawal, at most the costs of return shipment shall be for his account.
The Seller shall reimburse the purchase amount as soon as possible, but no later than fourteen (14) days after withdrawal, using the same payment method that was used by the consumer. Receipt of the returned goods by the web retailer or conclusive proof of complete return is required for reimbursement.
Any depreciation of the product caused by careless handling shall be borne by the consumer. However, this cannot be invoked if the Seller has not provided all the legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

Exclusion of the right of withdrawal is only possible if the Seller has clearly stated this in the offer, at least prior to the conclusion of the agreement, and it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products:
a. that have been created by the Seller in accordance with the consumer’s specifications;
b. that are clearly of a personal nature;
c. that can spoil or age quickly;
d. whose price is subject to fluctuations in the financial market over which the Seller has no influence;
e. individual newspapers and magazines;
f. audio and video recordings and computer software, of which the consumer has broken the seal;
g. hygienic products of which the consumer has broken the seal.
Exclusion is only possible for the following services:
a. relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
b. whose performance has begun with the consumer’s explicit consent before the withdrawal period has expired;
c. relating to betting and lotteries.

ARTICLE 9 – PRICE

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the Seller may offer products or services whose prices are subject to fluctuations in the financial market and over which the Seller has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the Seller has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the Seller is not obliged to deliver the product at the incorrect price.

ARTICLE 10 – WARRANTY AND CONFORMITY

Seller’s responsibility
The Seller guarantees that the products and/or services comply with the sales agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
If agreed, the Seller also guarantees that the product is suitable for use other than normal use.
Statutory rights of the Buyer
Any guarantee provided by the Seller, manufacturer, or importer does not affect the legal rights and claims that the Buyer may assert against the Seller under the sales agreement.
This includes any commitment by the Seller, its supplier, importer, or manufacturer granting the Buyer rights that go beyond what is legally required in the event of non-performance.
Reporting defects
Any defects or incorrectly delivered products must be reported in writing to the Seller within four (4) weeks after delivery.
Returns must take place in the original packaging and in new or unused condition, unless otherwise agreed with the Seller.
Exclusions
The warranty does not apply if:
a. The Buyer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
b. The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the Seller and/or on the packaging;
c. The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.
Role of the Website Owner
Any statutory conformity or warranty claims under the sales contract are owed by the Seller, not by the Website Owner.
The Website Owner may assist in forwarding communications between the Buyer and the Seller but is not responsible for the performance of warranty obligations.

ARTICLE 11 – DELIVERY AND PERFORMANCE

Execution of orders
The Seller shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
Delivery address
The place of delivery is deemed to be the address that the Buyer has provided during the ordering process.
Delivery period
The Seller shall execute accepted orders with due speed but at the latest within thirty (30) days, unless the Buyer has agreed to a longer delivery period.
If delivery is delayed or an order cannot be executed or can only be partially executed, the Buyer shall be notified within thirty (30) days after the order was placed. In such cases, the Buyer has the right to terminate the agreement free of charge. The Buyer is not entitled to compensation.
Indicative delivery times
All delivery periods are indicative. The Buyer cannot derive any rights from any stated delivery periods, and exceeding such a period does not entitle the Buyer to compensation.
Refund upon termination
In the event of termination in accordance with paragraph 3, the Seller shall refund the amount paid by the Buyer as soon as possible, but no later than fourteen (14) days after termination.
Substitute products
If delivery of an ordered product proves impossible, the Seller shall make every effort to provide a comparable replacement item.
Upon delivery, it shall be clearly stated that a replacement item is being supplied.
The right of withdrawal cannot be excluded for replacement items. Any costs of a possible return shipment are borne by the Seller.
Transfer of risk and ownership
The risk of damage to and/or loss of products rests with the Seller until the moment of delivery to the Buyer or a representative designated in advance and made known to the Seller, unless expressly agreed otherwise.
Title and risk remain with the Seller until delivery to the Buyer. The Website Owner never obtains title, possession, or any delivery risk.

ARTICLE 12 – CONTINUING CONTRACTS: DURATION, TERMINATION AND RENEWAL

Termination

The consumer may terminate an agreement that has been concluded 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 of no more than one month.
The consumer may terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at the end of the fixed term, subject to 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:
a. at any time and not be limited to termination at a specific time or during a specific period;
b. at least in the same manner as they were entered into;
c. always with the same notice period as the Seller has stipulated for himself.

Renewal
4. A fixed-term agreement that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement that 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, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that 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 with a notice period of no more than three months in the case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period.

Duration
8. If an agreement has a term 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 prevent termination before the end of the agreed term.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to promptly report any inaccuracies in the payment details provided or stated to the Seller.
In the event of non-payment by the consumer, the Seller has the right, subject to statutory limitations, to charge the consumer reasonable costs made known in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

The Seller has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the Seller fully and clearly described within a reasonable period of time after the consumer has discovered the defects.
Complaints submitted to the Seller shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Seller shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

ARTICLE 15 – DISPUTES

Agreements between the Seller and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

ARTICLE 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.

MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract)

— To:
To: Pureform (L.dam en M.brand VOF) – acting as intermediary

Email: info@pureform.nl

We will forward your withdrawal request to the Seller.

Return address (if applicable): the Seller’s address in China (provided after approval).

Do not send returns to any EU address.

— I/We () hereby inform you that I/We () withdraw from our contract concerning the sale of the following goods/provision of the following service (*):

— Ordered on (DD-MM-YYYY):
— Order number:

— Received on (DD-MM-YYYY):

— Name(s) of consumer(s):

— Address of consumer(s):

— IBAN account number:

— Signature of consumer(s) (only if this form is submitted on paper):

— Date (DD-MM-YYYY):

(*) Delete where not applicable.