Terms of service
GENERAL TERMS AND CONDITIONS OF SALE OF PASTRO B.V. ( hereafter PLEIN PUBLIQUE)
1.1 Grace period: The period within which the Consumer can exercise his/her right of withdrawal, being fourteen days following receipt of the product(s);
1.2 Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the Seller;
1.3 Day: calendar day;
1.4 Right of withdrawal: the possibility for the Consumer to waive the distance contract within the Cooling-Off Period;
1.5 Seller: the legal entity that offers products and/or services to Consumer at a distance whose identity is stated in article 2 of these General Terms and Conditions;
1.6 Agreement: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by Seller for the distance sale of products, up to and including the conclusion of the agreement
1.7 General Terms and Conditions: the General Terms and Conditions and terms of delivery of Seller.
2.1 Seller: the private company with limited liability PASTRO B.V. with its registered office in Haarlem, the Netherlands, being the user of these General Terms and Conditions;
Address: Wouwermanstraat 10b, 2023 XG, Haarlem, NL
Tel: +31 852018680, E-mail: hello[@]pleinpublique.com, Chamber of Commerce number: 62914235
3.1 These General Terms and Conditions apply to every offer made by Seller, every order made by Consumer and every distance contract concluded between Seller and Consumer.
3.2 Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, it will be stated before the Agreement is concluded that the General Terms and Conditions are available for inspection at Seller's and that, at the Consumer's request, they will be sent to the Consumer free of charge as soon as possible.
3.3 If the Agreement is concluded electronically, in deviation from the previous paragraph and before the Agreement is concluded, the text of these General Terms and Conditions may be made available to the Consumer by electronic means in such a way that it can be easily stored by the Consumer on a durable data carrier. If this is not reasonably possible, it will be stated before the Agreement is concluded where the General Terms and Conditions can be viewed electronically and that they will be sent to the Consumer free of charge at its request electronically or in another way.
3.4 The Consumer is obliged to accept the General Terms and Conditions before concluding the Agreement.
3.4 The Consumer is obliged to accept the General Terms and Conditions before concluding the Agreement, failing which no Agreement shall be concluded.
4.1 All offers made by Seller are without obligation, unless explicitly stated otherwise, and
may be revoked by Seller.
4.2 Offers do not automatically apply to repeat orders and Seller reserves the right to change the prices of the offers.
4.3 The term of all offers is: while stocks last or the term stated on the website. If the term of an offer is exceeded, the offer expires by operation of law and the Consumer can no longer make use of it.
4.4 The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If Seller uses pictures, they are truthful images of the products offered. Any apparent errors or mistakes in the offer are not binding on Seller.
5.1 Consumers can order in the ways described on the website PLEINPUBLIQUE.COM.
5.2 If Seller has good grounds, Seller is entitled to refuse an order or to attach special conditions to the Agreement.
5.3 Seller will in any case not accept orders if Seller cannot determine the residential address of Consumer.
5.4 If Seller does not accept an order or if Seller wishes to attach special conditions to the Agreement, Seller will inform the Consumer thereof within seven working days after receipt of the order.
5.5 Seller may - within the limits of the law - investigate whether the Consumer can fulfil his/her payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the Agreement. If, on the basis of this investigation, Seller has good reason not to enter into the Agreement, it is entitled to refuse an order or application or to attach special conditions to its performance.
6.1 Subject to the provisions in Article 5, the Agreement is concluded when the Consumer places an order with Seller based on Seller's offer, with which the offer is accepted by the Consumer, and the Consumer complies with the terms and conditions set forth therein.
6.2 Seller will confirm receipt of the order by electronic means. As long as the receipt of the order has not been confirmed, the Consumer may dissolve the contract.
7.1 The prices indicated on PLEINPUBLIQUE.COM are in Euros and include VAT and exclude shipping costs, unless otherwise stated or agreed upon in writing.
7.2 A contribution to the shipping costs shall be separately indicated to the Consumer prior to the time of order. This contribution may depend on the size of the order. The contribution to the shipping costs will not be refunded in the event of a return.
7.3 After placing an order, the Consumer will immediately receive a confirmation by e-mail containing the total costs, including shipping costs.
7.4 Consumer can pay the ordered products prior to delivery by means of iDEAL or credit card.
7.5 When paying by credit card, Seller reserves the right to check whether the credit card is valid, whether there is sufficient spending capacity to debit the purchase amount and/or whether the address details of Consumer are correct. Seller reserves the right to refuse the credit card purchase.
7.6 Seller will only deliver the product when it has received payment for it.
7.7 If it has been agreed that the Consumer will pay the purchase price afterwards, Seller will send a payment link or payment request and the Consumer will pay within 3 days.
If payment is not made within this period, Seller shall send a first reminder free of charge to Consumer with the request to pay within 7 days.
If this period expires without Seller having received the purchase price from Consumer, Seller will send a second reminder with the request to pay within a period of 7 days, whereby an amount of € 13.50 for extrajudicial costs on top of the outstanding amount will now be charged. If Seller has not received payment from Consumer after the expiry of the second term, Seller may transfer the claim to a third party. If Seller proceeds to take collection measures, Consumer is obliged to reimburse all reasonably incurred judicial and extrajudicial (collection) costs to Seller.
8.1 The Seller will take the greatest care when receiving orders and dispatching the products ordered.
8.2 Seller will ship the accepted and paid orders as soon as possible in order of receipt.
8.3 The order will be delivered to the address given by the Consumer. Seller aims to ship orders on working days within 48 hours (forty-eight) after the order has been accepted and paid for. However, stated delivery times are guidelines and not deadlines. Seller is not responsible and liable for a different delivery time.
8.4 If the delivery is delayed, or if an accepted and paid order cannot be delivered or can only be delivered in part, the Consumer shall be informed of this within fourteen calendar days after he/she has placed the order. In that case, the Consumer has the right to dissolve the contract free of charge. In the event of dissolution, Seller will, if Consumer has already paid for the ordered products, refund the amount received as soon as possible but no later than within two weeks after written dissolution. Consumer is obliged to take delivery of the purchased products at the time they are made available to Consumer by Seller.
8.5 Consumer is obliged to take possession of the products at the agreed place/places at the time that Seller delivers them or has them delivered to him/her, or at the time that they are made available to him/her according to the agreement. If the Consumer fails to do so, it will be liable for the costs incurred as a result, including the shipping costs referred to in Article 7.1 and 7.2.
8.6 If Consumer refuses or neglects to provide information or instructions that are necessary for delivery, the products destined for delivery will be stored at the expense and risk of Consumer.
8.7 If Consumer has provided an incorrect address for delivery, Seller has the right to charge additional shipping costs to Consumer.
8.8 Exceeding the agreed delivery times does not give the Consumer the right to damages, rescission of the contract or non-fulfilment of any obligation for which the Consumer may be responsible under this or any other related contract, subject to the provisions in Article 8.4.
8.9 The delivery of the purchased items shall take place at the address given by the Consumer when placing the order. If the Consumer is not at home at the time of delivery, Seller will be entitled to deliver the products to the Consumer's neighbours.
8.10 Seller does its best to keep the website PLEINPUBLIQUE.COM as up to date as possible. If a product is unexpectedly no longer available, Seller shall contact the Consumer within 14 days after placing the order.
8.11 The risk of damage and/or loss of products rests with Seller until the moment of delivery, unless explicitly agreed otherwise.
9.1 The Consumer has the right to repudiate the contract without specifying any reasons for a period of fourteen days from the day of receipt of the product(s).
9.2 During the Grace Period, the Consumer will handle the product(s) and packaging with care. The Consumer will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If the Consumer makes use of his right of withdrawal, he will return the product to Seller with all delivered accessories and in the original condition and packaging.
9.3 If the Consumer wishes to exercise its right of withdrawal, the Consumer shall return the product(s) within the period mentioned in Article 9.1, using the form provided for that purpose, to the following address PLEIN PUBLIQUE, Postbus 3003, 2601DA, Delft, NL.
9.4 The returned product(s) must be in a condition corresponding to normal use for the purpose of fitting as is customary in a shop and must bear the original labels and/or tags. If a product has deteriorated in quality and/or the original labels and/or tags have been removed, Seller reserves the right to charge the purchase price of the product or not to refund it.
9.5 Seller will return the purchase price within fourteen days after receipt of the returned product, provided that the product concerned is undamaged, not worn,
not washed, not used or modified and provided it has the original packaging and labels. If the Consumer makes use of this right of withdrawal, the costs of the return shipment will not be borne by the Consumer. Jewellery, beachwear and lingerie will only be taken back if they are still in the packaging and the (hygienic) seals have not been removed.
10.1 All shipments are insured by Seller. If the Consumer notices damage to the packaging before opening the package with the ordered product(s), the Consumer must contact Seller immediately. If the Consumer has already opened the package when the Consumer notices the damage, the Consumer must indicate this on the added return slip.
10.2 Consumer has the obligation to examine whether the products meet the Agreement upon delivery. If this is not the case, Consumer must inform Seller in writing, stating reasons, as soon as possible and in any case within fourteen (14) working days after delivery of the product to Consumer, or after the observation was reasonably possible,
give Seller written notice, stating reasons.
10.3 Minor deviations in quality, colour, measure, weight, finish, design, etc. that are considered permissible in the trade or that cannot be technically prevented shall not form a basis for complaints.
10.4 If it is demonstrated that the products do not comply with the Agreement, Seller has the choice of replacing the products concerned with new products upon their return or refunding the invoice value to Consumer.
11.1 Seller remains the full owner of the product delivered until the purchase price has been paid in full.
12.1 The Intellectual Property Rights related to texts, images, design, data files, photographs and other (still or moving) images, formats, software, brands, domain names and other materials, which result from the website PLEINPUBLIQUE.COM belong to Seller, its licensors, the manufacturers of relevant products and / or third parties to whom PLEINPUBLIQUE.COM is not affiliated.
12.2 The consumer is not entitled to disclose (parts of) the website PLEINPUBLIQUE.COM in any way and / or reproduce it in any way. The Consumer may not make any changes to the delivered products unless the nature of the delivered product or agreed otherwise in writing. The Consumer may only add a hyperlink to PLEINPUBLIQUE.COM if this is done for purely informational purposes to the Consumer. The establishment of a hyperlink for any other purpose, such as a commercial purpose, is not permitted.
13.1 Any deviations from these General Terms and Conditions may only be agreed in writing between Seller and Consumer. No rights can be derived from such deviations with regard to future legal relationships and agreements. Seller's records will serve as evidence of the applications and/or orders made by Consumer, unless evidence to the contrary is provided. Consumer acknowledges that electronic communication may serve as evidence. Seller is entitled to transfer the rights and obligations from the agreement with Consumer to a third party by mere notification to Consumer. If one or more provisions of these General Terms and Conditions or any other agreement with Seller should be in conflict with any applicable statutory regulation, the provision in question will lapse and will be replaced by a new, legally permissible provision to be determined by Seller.
14.1 These General Terms and Conditions and any agreements/disputes arising therefrom shall be governed exclusively by Dutch law.
14.2 All disputes relating to a contract or the performance of a contract between Consumer and Seller, which cannot be solved in mutual consultation between the parties, will be submitted to the competent court in the jurisdiction where Seller has its registered office.