Terms of service
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 - Consumer Obligations During the Reflection Period
Article 8 - Exercise of the Right of Withdrawal by the Consumer and the Costs
Article 9 - Entrepreneur's Obligations Upon Withdrawal
Article 10 - Price
Article 11 - Conformity, Warranty, and Liability
Article 12 - Delivery and Execution
Article 13 - Payment
Article 14 - Privacy
Article 15 - Complaints Procedure
Article 16 - Applicable Law and Jurisdiction
Article 17 - Amendments to the General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Reflection Period: the period within which the consumer can exercise their right of withdrawal;
2. Pure Parfum: the company as described in Article 2, and the operator of the website www.pureparfum.nl;
3. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
4. Day: calendar day;
5. Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
6. Model Form: the model withdrawal form (see Article 8) that the entrepreneur provides and that a consumer can complete when exercising their right of withdrawal.
7. Distance Contract: an agreement concluded between the entrepreneur and the consumer within the framework of a system organized by the entrepreneur for the distance sale 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; 8. Distance communication technology: a means of concluding an agreement without the consumer and the entrepreneur being in the same room at the same time;
9. Website: the webshop where the product is offered.
Article 2 - Identity of the Entrepreneur
Company name: Keystone operations LTD
Registration number: 79662578
Address: Flat 2304, 23/f, Ho King, Commercial Centre, 2-16 Fa Yuen Street, Mong Kok, Hong Kong
Article 3 - Applicability
1. These General Terms and Conditions apply to every offer made by Keystone operations LTD on the Website, every order placed by the consumer on the Website, and every distance contract concluded between Keystone operations LTD and the consumer.
2. These General Terms and Conditions will be made available to the consumer by Keystone operations LTD prior to the conclusion of a distance contract, in such a way that they can be saved and accessed at a later time.
3. If one or more provisions of these General Terms and Conditions are null and void or annulled at any time, in whole or in part, the agreement and these Terms and Conditions will remain in full force and effect, and the relevant provision will be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Article 4 - The Offer
1. The offer is non-binding. Keystone operations LTD is entitled to withdraw the offer immediately after receiving the consumer's acceptance of the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on Keystone operations LTD.
3. Keystone operations LTD endeavors to represent the products on the website as accurately as possible. All images, specifications, and other information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
4. Keystone operations LTD cannot guarantee that the displayed colors exactly match the actual colors of the products.
Article 5 - The Agreement
1. The agreement is concluded as soon as the consumer has accepted Keystone operations LTD's offer and Keystone operations LTD has not withdrawn the offer in accordance with Article 4.1. 2. If the consumer has accepted the offer electronically, Keystone operations LTD will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Keystone operations LTD, the consumer may terminate the agreement.
3. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to reject an order or request with reasons or to impose special conditions on its execution.
4. Every agreement is entered into under the condition precedent of sufficient availability of the relevant products. If the consumer orders a product that is out of stock, Keystone operations LTD will inform the consumer of this. In that case, the consumer will be given the choice whether or not they wish to wait for the new stock to arrive. If the consumer does not wish to wait for the new stock to arrive, the purchase price will be refunded to the consumer.
Article 6 - Right of Withdrawal
1. When purchasing products, the consumer has the right to cancel the agreement within 14 days without giving any reason. 2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a representative designated in advance by the consumer and announced to the entrepreneur, other than the carrier, receives the product, or:
A. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, receives the last product. Keystone operations LTD may refuse an order for multiple products with different delivery times, provided it has clearly informed the consumer of this prior to the ordering process.
B. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, receives the last shipment or part;
C. for agreements for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, receives the first product.
Article 7 - Consumer Obligations During the Reflection Period
1. During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
2. The consumer is liable for any diminished value of the product resulting from handling that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and the Costs Related Thereto
1. If the consumer exercises their right of withdrawal, they are obligated to notify Keystone operations LTD of this within the reflection period, using the Model Withdrawal Form or in another unambiguous manner. 2. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
3. The consumer must return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the costs of returning the product.
6. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically terminated.
Article 9 - Obligations in case of withdrawal
1. If Keystone operations LTD enables the consumer to notify withdrawal electronically, it will immediately send an acknowledgement of receipt of the withdrawal after receiving this notification.
2. Keystone operations LTD will reimburse all payments made by the consumer, including any delivery costs charged by Keystone operations LTD. Refunds will be made as soon as Keystone operations LTD has received the returned products, or as soon as the consumer demonstrates that they have returned the product.
3. Keystone operations LTD will use the same payment method used by the consumer for the refund, unless the consumer agrees to a different method. Refunds are free of charge for the consumer. 3. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the company is not required to reimburse the additional costs for the more expensive method.
Article 10 - The Price
1. The prices stated on the Website include VAT but exclude other additional costs, such as shipping costs. VAT, as well as any shipping costs or other costs or levies payable by the consumer, are stated at the end of the ordering process before the order is finalized.
2. Keystone operations LTD makes every effort to display the correct prices on the Website. If an incorrect price is displayed on the Website, the order will be fulfilled based on the price displayed on the Website at the time of the order. In that case, Keystone operations LTD reserves the right to adjust the incorrect price on the website. Manifestly incorrect prices are not binding on Keystone operations LTD. In that case, Keystone operations LTD is entitled to cancel the agreement with the consumer and make the consumer a new offer. The purchase price already paid will be refunded to the consumer.
3. Keystone operations LTD reserves the right to change prices at any time. Any price changes will not affect existing agreements.
Article 11 – Conformity, Warranty, and Liability
1. Keystone operations LTD warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded.
2. The warranty period of Keystone operations LTD corresponds to the manufacturer's warranty period, but will never be shorter than the statutory warranty period. The warranty provided by Keystone operations LTD, the manufacturer, or the importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. The warranty does not apply if:
a. The consumer has used the product contrary to its normal use;
b. The defect is the result of normal wear and tear;
c. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
d. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Keystone operations LTD and/or on the packaging;
e. The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
4. Warranty claims must be reported in writing to Keystone operations LTD within two months of the occurrence of a defect. In the absence of a timely complaint, any claim against Keystone operations LTD will lapse.
5. Notwithstanding any article to the contrary in these general terms and conditions, Keystone operations LTD neither excludes nor limits its liability under or in connection with an agreement insofar as the liability relates to the following matters: i) death or injury resulting from proven negligence towards the consumer; ii) fraud or deceit; or iii) any other matter in which (an attempt to) exclude or limit liability by Keystone operations LTD would be unlawful. 6. Except for the preceding paragraph, Keystone operations LTD shall under no circumstances be liable to the consumer (however the liability arises, including any liability arising from tort) under or in connection with any agreement, regardless of whether it concerns direct, indirect, special, and/or consequential damages.
7. This article is subject to the statutory rights of the consumer, which may not be waived.
Article 12 - Delivery and Execution
1. Keystone operations LTD will exercise the utmost care when receiving and executing product orders.
2. The delivery address is the address the consumer has provided to Keystone operations LTD.
3. The expected delivery date is stated on the website and is also included in the confirmation of receipt. Keystone operations LTD strives to fulfill your order within 30 days of the order date. Consumers can track their order via the website. If desired, consumers can opt to be kept informed of the progress of their order by email. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, consumers can check this via the aforementioned tracking systems. In that case, consumers have the right to cancel the agreement free of charge.
4. If consumers have ordered more than one product, these products can be delivered together or separately. 5. If delivery of an ordered product proves impossible, Keystone operations LTD will endeavor to provide a replacement item. The delivery of a replacement item will be clearly and comprehensibly communicated no later than upon delivery. If the consumer does not agree to the replacement item, the purchase price will be refunded. Any return shipping costs will be borne by Keystone operations LTD
6. If the consumer does not accept the ordered product, Keystone operations LTD may decide to store it at the consumer's expense and risk until the product can be delivered again.
7. The risk of damage and/or loss of products rests with Keystone operations LTD until the moment of delivery to the consumer or a previously designated representative notified to Keystone operations LTD unless expressly agreed otherwise.
Article 13 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid immediately after ordering a product and/or service. 2. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to Keystone operations LTD.
3. If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has notified them of the late payment and Keystone operations LTD has granted the consumer a period of 14 days to comply with their payment obligations, if payment is not made within this 14-day period, the consumer will owe statutory interest on the outstanding amount, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by the consumer. These collection costs 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. Keystone operations LTD may deviate from the stated amounts and percentages to the consumer's advantage.
Article 14 - Privacy
1. Keystone operations LTD respects your privacy and personal data. This privacy and cookie statement explains how Keystone operations LTD handles the personal data provided by consumers.
Article 15 - Complaints Procedure
1. Consumers can submit any complaints via info@pureparfum.us.
2. Complaints submitted to Keystone operations LTD will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Keystone operations LTD will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
3. If Keystone operations LTD finds a complaint to be justified, Keystone operations LTD will replace or repair the delivered products free of charge, or refund the purchase price to the consumer, at Keystone operations LTD's discretion.
Article 16 - Complaints Procedure
1. Any complaints can be submitted by the consumer via info@pureparfum.us.
2. Complaints submitted to Keystone operations LTD will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Keystone operations LTD will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
3. If a complaint is found to be justified by Keystone operations LTD, Keystone operations LTD will replace or repair the delivered products free of charge, or refund the purchase price to the consumer, at Keystone operations LTD's sole discretion.
Article 17 - Applicable law and competent court
1. Agreements between Keystone operations LTD and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. All disputes arising from or in connection with the agreement and any other agreement(s) between Keystone operations LTD and the consumer will be submitted to the competent court of the consumer's place of residence. This article does not affect your statutory rights.
Article 18 - Amendments to the General Terms and Conditions
1. Keystone operations LTD reserves the right to revise and amend these General Terms and Conditions from time to time.
2. The applicable General Terms and Conditions are those in effect at the time the agreement between Keystone operations LTD and the consumer is concluded.