Terms of service
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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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 trader or by a third party under an arrangement between that third party and the trader.
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Cooling-off period: the period during which the consumer can make use of their right of withdrawal.
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Consumer: the natural person not acting for purposes related to their trade, business, craft, or profession.
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Day: calendar day.
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Digital content: data produced and delivered in digital form.
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Duration contract: a contract that provides for the regular delivery of goods, services and/or digital content over a certain period.
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Durable data carrier: any tool (including email) that enables the consumer or trader to store information addressed to them personally, in a way that allows future consultation or use for a period appropriate to its purpose, and that allows unaltered reproduction.
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Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.
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Trader: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers.
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Distance contract: a contract concluded between the trader and the consumer in the context of an organized system for remote sales, using one or more distance communication methods exclusively up to and including the conclusion of the contract.
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Model withdrawal form: the European model form included in Annex I.
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Means of distance communication: tools for concluding a contract without the consumer and the trader being in the same location at the same time.
Article 2 – Identity of the Trader
The Pure Winery (Europe) Limited
Trading as: webshop.purethewinery.com/nl
Email: contact@purethewinery.com (general)
Email: bezorging@purethewinery.com (delivery)
Chamber of Commerce (KvK) No.: 650064
VAT ID: IE3613774IH (Ireland) – NL: NL 826226796B01
Article 3 – Applicability
These terms apply to every offer from the trader and any distance contract concluded with a consumer. They are provided before contract conclusion or made available electronically so the consumer can store them easily.
Article 4 – The Offer
If the offer has limited validity or is subject to conditions, this is clearly stated. The offer is detailed and accurate, and images are truthful representations. Mistakes in the offer are not binding.
Article 5 – The Contract
The contract is concluded upon acceptance of the offer by the consumer. The trader confirms receipt electronically and ensures safe data transfer. The trader may assess the consumer’s ability to pay. Upon delivery, the trader will provide full details on rights, withdrawal, contact, price, payment, and termination terms.
Article 6 – Right of Withdrawal
Consumers have 14 days to withdraw from the purchase without giving reasons. The period begins upon delivery or contract confirmation. If mandatory withdrawal information was not provided, this period extends by 12 months.
Article 7 – Consumer Obligations During Cooling-Off
The consumer must handle the product with care. If the product is used more than necessary to assess it, the consumer may be liable for depreciation.
Article 8 – Exercising the Right of Withdrawal
Consumers must notify the trader clearly within 14 days and return the product within 14 days of that notice. Costs of return are borne by the consumer unless otherwise agreed. Additional services or digital content are refunded proportionally.
Article 9 – Obligations of the Trader in Case of Withdrawal
The trader acknowledges receipt of withdrawal and refunds all payments within 14 days—using the original payment method unless agreed otherwise. The refund may be delayed until the product is returned.
Article 10 – Exclusion of the Right of Withdrawal
Withdrawal rights do not apply to:
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Custom-made or perishable goods
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Sealed items that are unsealed post-delivery (hygiene reasons)
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Alcoholic beverages with fluctuating market value
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Digital content started with consumer consent before end of withdrawal period
Article 11 – The Price
Prices remain valid during the offer period. Changes are only allowed due to legal VAT changes or market-linked price fluctuations. All prices include VAT.
Article 12 – Performance and Guarantee
The trader guarantees products/services meet legal standards and the offer description. Extra guarantees do not limit the consumer’s legal rights.
Article 13 – Delivery and Execution
The trader delivers accepted orders within 30 days unless agreed otherwise. In case of delay, the consumer may cancel. Risk of loss or damage remains with the trader until delivery.
Article 14 – Duration Contracts: Termination and Renewal
Consumers may cancel indefinite contracts with one month’s notice. Fixed-term contracts may not be automatically renewed except under strict conditions. Trial subscriptions end automatically unless renewed by the consumer.
Article 15 – Payment
Unless otherwise agreed, payment must be made within 14 days. Advance payments above 50% are not mandatory. Late payments may incur interest and collection costs.
Article 16 – Complaints Procedure
The trader has a clear complaints process. Complaints must be submitted promptly and will be answered within 14 days. If resolution is not possible, the issue becomes a formal dispute.
Article 17 – Disputes
These terms and all agreements are governed exclusively by Dutch law.
Article 18 – Additional Provisions
Any deviations from these terms must be in writing and not disadvantage the consumer.
Annex I – Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the agreement)
To: The Pure Winery (Europe) Limited
Email: contact@purethewinery.com
I/We hereby notify you that I/we withdraw from our agreement concerning:
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The sale of the following product(s): [description]
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The delivery of the following digital content: [description]
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The provision of the following service(s): [description]
Ordered on / received on: [date]
Name of consumer(s): [name]
Address of consumer(s): [address]
Signature (only if this form is printed and submitted on paper)