Terms & Conditions

Terms & Conditions

DEFINITIONS

Seller: Pur Sens, Meersenierstraat 3   9000 Gent    Belgium, VAT number: be0897900888
Customer: a natural person who is 18 years of age or older who is not acting within the context of practicing a profession or conducting a business, with whom the seller concludes an agreement.
Order: an order placed by the customer in accordance with the procedure described in article 2.a for the formation and content agreement.
Product: a product that the seller offers for sale on the website.
Purchase price: the price indicated on the website for a product, including the vat.
Agreement: the order, which the seller has accepted as such.
Website: www.pursens.be

  1. APPLICABILITY OF TERMS AND CONDITIONS

These general terms and conditions, which are made available online by the seller on the website, apply to all offers, orders, agreements and other legal relationships between the customer and the seller with regard to the use of the website, including purchase /sale of a product on or via the website.
The customer warrants that he or she is 18 years of age or older and not acting within the context of practicing a profession or conducting a business.

  1. FORMATION AND CONTENT AGREEMENT

a.
An agreement between the customer and the seller is only concluded by the seller’s acceptance of the customer’s order placed via the website as follows:

–          The customer has selected the desired product in desired style, color and size and added the product to his shopping basket;
–          The customer has followed and completed the following steps;
Step 1: The customer has entered his address details and, if the desired delivery address is not the same as the billing address, specified the desired delivery address;
Step 2: The customer has checked the order;
Step 3: The customer has selected the desired payment method and has paid in advance.
–           The order has been placed;
–           The customer receives an electronic confirmation of the order placed.

b.
The seller reserves the right not to accept the order placed by the customer if, among other things:
–          the information entered by the customer is not correct and/or complete or the seller can reasonably doubt whether this is the case;
–          payment has not been received by the customer within the agreed term;
–          The customer has already failed to fulfill payment obligations towards the seller;
–          The customer has not previously received orders placed with the seller and/or has not collected them;
–          there is an obvious mistake or error, for example in the prices displayed on the website.
The seller will notify the customer as soon as possible if an order is not accepted.

  1. ARTICLE 3. METHOD OF DELIVERY AND DELIVERY DATES

a.
Delivery is made by a carrier designated by the seller.

b.
After the agreement has been concluded, the seller will send the products as soon as possible but no later than 14  days to the address specified by the customer, provided that the full purchase price has been received by the seller.

c.
Agreed delivery dates are respected by the seller to every extent possible. However, the customer acknowledges that the delivery dates are based on the circumstances known to the seller at the time of the conclusion of the agreement and, insofar as they depend on the performance to be provided by third parties, on the data provided by those third parties to the seller.

d.
If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified within 14 days of the agreement. The customer can then dissolve the agreement free of charge until the time at which the order is sent.

e.
The risk with regard to damage or loss of the products is transferred to the customer from the moment of delivery.

  1. PRICE AND PAYMENT

a.
The prices stated on the website are shown in euros, include VAT and exclude shipping costs. The shipping costs are charged per agreement. When placing the order and confirming the agreement, the total purchase price due will be displayed.

b.
The seller may change the prices displayed on the website without notice. The prices displayed at the time of placing the order are the prices that are part of the agreement.

c.
Payment takes place via the options shown on the website. Orders will only be shipped when de payment has been received by the seller.

d.
The customer may use a Pur Sens gift card for the payment. The gift card is available in our webshop. You will receive the gift card in your mailbox after purchase. Enter the gift card code in the ‘gift card or discount code’ field. If the amount of the gift card is not completely used, the remaining amount will remain.

d.
The customer has the obligation to immediately inform the seller of inaccuracies in the payment details provided by the customer to the seller.

e.
Payments made on the website are secured by the payment system Mollie.

  1. SEND RIGHT TO RETURN

a.
The customer has the right to return the delivered product within a period of 14 days after receipt of the product, without giving any reason, in the manner indicated by the seller, provided the product is unworn and undamaged and is in the original and undamaged packaging. When the customer makes use of this right, the shipping costs are for the customer.

b.
If all conditions have been correctly observed, the seller will refund the purchase price as soon as possible but no later than 30 days after the cancellation. If products were purchased with a gift voucher, a new gift voucher will be issued.

  1. FORCE MAJEURE

a.
The seller is not liable for any damage resulting from a delay in delivery or non-delivery caused by circumstances that prevent the fulfillment of the obligation resting on the seller and which are not attributable to the seller, because they are not attributable to the seller. is not at his fault or attributable to any law, legal act or generally accepted opinion such as – but not limited to – war, danger of war, civil war, riot, government-declared national mourning, strike, transport difficulties, trade restrictions, problems with customs authorities , fire, flood, earthquake, bankruptcy of third parties engaged by the seller, non-delivery or late delivery of goods by suppliers of the seller, disruptions in the regular supply of goods to be supplied by third parties, including water and electricity and other serious disruptions in the company of the seller or a third party engaged by it and.

b.
If, due to force majeure, the seller is unable or not in a timely manner to fulfill its obligations under the agreement, the seller has the right to perform the agreement within a reasonable period of time or – if fulfillment within a reasonable period of time is not possible – cancel the agreement. to dissolve the agreement in whole or in part, without being obliged to pay any compensation to the customer.

  1. COMPLAINTS

a.
The contact details of the seller regarding handling complaints can be found on our website (Returns and complaints).

b.
The customer must inspect the product on delivery and inform the seller within 7 days of any visible defects or other complaints about the implementation of the agreement within 7 days. Such complaints must be submitted in writing, fully and clearly motivated.

c.
Complaints received by the seller will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the seller will inform the customer within 14 days, stating the time frame within which the customer can expect a response.

d.
The customer acknowledges that minor and/or commercially acceptable deviations or technically impossible or difficult to avoid deviations in quality, size, colour, finish, etc. with regard to the products cannot or are difficult to avoid and cannot be a valid reason for a complaint. Such complaints, as well as complaints about the fact that certain articles have been removed from the website, are unfounded. The seller is not liable for damage suffered by the customer due to such complaints.

e.
The customer will fully cooperate in any recall action initiated by the seller. The customer shall immediately notify the seller if the customer suspects that a product has a safety defect and is subject to a recall.

  1. RETENTION OF TITLE

a.
The seller will retain the title in respect of any products to be delivered until the customer has performed all obligations (including, without limitation, payment obligations) that the buyer owes/has in respect of such products that have been or that will be delivered in accordance with the applicable agreement.

  1. WARRANTY AND LIABILITY

a.
The seller does not guarantee, represent or warrant that the customer’s use of the website will be uninterrupted, timely, secure or error-free.

The customer agrees that from time to time the seller may remove the website for indefinite periods of time or cancel the website at any time, without notice to the customer.

In no case shall the seller be liable for indirect, incidental or consequential damages of any kind suffered by the customer as a result of the agreement or arising from the customer’s use of any of the website or any products procured using the website. Any direct damage for which the seller is legally liable to the customer will never exceed the purchase price.

b.
With regard to the liability of the seller with regard to the website and the use thereof, the seller refers to the disclaimer.

  1. APPLICABLE LAW

The agreements between the customer and the seller are governed by Belgian law.

  1. INVALID PROVISIONS

If any provision of these terms and conditions should be found to be invalid then:
–          the other provisions of these terms and conditions nevertheless remain in force; and
–          the ineffective provision must be interpreted as or converted into an active provision of the same intent as far as possible.

  1. MODIFICATION OF GENERAL TERMS AND CONDITIONS

These terms and conditions may be amended by the seller from time to time. The most recent terms and conditions will be posted on the website. The customer should always consult these general terms and conditions before using the website. If the customer cannot consult the general terms and conditions via the internet, the seller will send the customer the most recent copy of the general terms and conditions by email on request.