These Terms and Conditions consist of the following sections:
- The Purchase Terms.
If you place an order through www.prphc.com, in which we present these Terms and Conditions (together referred to as the “Website”), upon confirmation that such order is accepted a contract of sale will be executed between you and PRPHC, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the Platform.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website, (ii) order anything at any web page directly connected to the Website or (iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
We have different types of products. This may include products fully designed and created by us (“PRPHC Products”) – and products that, although designed by us, may be personalised by you by adding your own content: you can for example add your preferred color, text, material(“Personalised Products”), and products represented by us (“Brand Products”) jointly “Products”
Please note that in the case of limited edition or limited production Products extra restrictions such as limiting the number of such Products per consumer may apply. These extra restrictions will be made known to you via the Website.
All Products shown on the Website are subject to availability. This means that, although we strive to ensure our Website reflects the availability of stock, a Product shown on the Website may no longer be available for purchase.
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. PRPHC is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Website.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH PRPHC
You have to be 21 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to us in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
The following applies to all types of Products. All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- If Product(s) are shown on the Website but are not or no longer available;
- If we are unable to obtain authorization of your payment;
- If shipping restrictions apply to the Website;
- If Product(s) shown on the Website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;
- If we are unable to process your order due to technical reasons;
- If we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4. under headings a through f above. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until either:
- you receive a confirmation from us that the Products have been shipped to you from our warehouse; or
- you receive a confirmation from the carrier that the Products are ready for you to pick up if this option is available on the Website and you have chosen to pick up the Product(s) at a carrier office or the carrier has stored the Products at the pickup location; or
- you receive a confirmation from us that the Products are ready for you to pick them up at the selected PRPHC Mansion, in the event this option is available on the Platform and you have chosen to collect the Products you ordered and paid for on the Platform at a PRPHC Mansion (Click & Collect).
Please note that the Click & Collect functionality available on the Website in your country, may not include the option for you to order and pay for the Product on the Website (as described under clause 2.4. iii), but give you the option to reserve a Product on the Website and to then buy and thus pay for it locally in a PRPHC Mansion. This Click & Collect reservation is only possible in selected PRPHC Mansions as indicated during the checkout process on the Website. If you buy the reserved product, you are concluding a purchase agreement with the PRPHC Mansion of your choice locally. This means that you can only return the Product(s) to the same location you bought it from, subject to the return policy of that location. Therefore sections 2.13, 2.14 and 2.15 below do not apply because they apply only to the return of Products purchased through the Website.
2.5 RETENTION OF TITLE
All Products will remain the property of PRPHC until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 MAINTENANCE OF PRODUCTS
We draw your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.7 ORDER CANCELLATION
Notwithstanding your right of withdrawal, it is possible, under limited circumstances, to cancel your order. Cancellation is not possible for personalized Products.
Prices are quoted in Euro or US Dollars. VAT and Custom Duties due to your countries regulation. PRPHC reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge delivery costs. The delivery costs vary for each Product and type of delivery. For further details, please see section 2.12. Delivery costs will be charged separately, itemized and added to the total amount of the order.
2.9 METHODS OF PAYMENT
Payments can be done with Creditcard, Ideal or Paypal.
PRPHC reserves the right to conduct an individual credit check for each order. Depending on the results of this check, PRPHC reserves the right to refuse certain methods of payment.
Where we elect, or are required by applicable law, to issue or make an invoice, we reserve the right to issue or make electronic invoices and you agree to such form of invoicing.
2.11 SPECIAL ASPECTS OF PERSONALIZED PRODUCTS
To customize your Personalized Product you can be as creative as you like. We reserve the right to remove inappropriate language and use of brand names. Also keep in mind that some special characters are not supported by our system.
We kindly request you not to use, upload, submit, copy or otherwise make public any names, words or phrases which:
- consist of or contain the name of a product, service, company, organization or event which belongs to someone else;
- consist of or contain the name or nickname of a famous person (living or dead);
- infringe or may infringe third party trademarks or other intellectual property rights;
- are threatening, incite violence, are defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise unlawful; and/or
- are otherwise unacceptable to PRPHC in its sole discretion.
PRPHC reserves the right to reject any customization, names, words or phrases (or combinations thereof) which fall into any of the above categories. This will result in your order being cancelled. Further, PRPHC will be entitled to claim compensation equal to the value of the Products ordered.
Note that by placing your order for your Personalized Products, you:
- represent and guarantee that any names, words or phrases you use, upload, submit, copy or otherwise make public for use on your Personalized Product do not fall into any of the above categories;
- agree to indemnify PRPHC and its affiliated companies and keep PRPHC and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by PRPHC or its affiliated companies as a result of the use of any names, words or phrases used, uploaded, submitted, copied or otherwise made public by you (including use on your Personalized Product);
- grant to PRPHC a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, disclose and modify the names, words or phrases submitted by you for the purposes of fulfilling your order; and/or
- insofar as the order involves Personalized Products you will not have any cooling-off period, right of revocation, right of return or right of withdrawal (Section 6:230p under f, subsection 1˚ of the Dutch Civil Code).
We will deliver to the address indicated by you. We can only deliver to a home or office address or a carrier pickup location or if you have chosen to collect the Products from a PRPHC Mansion, to the address of the relevant PRPHC Mansion. We will confirm this to you by an email when informing you that the Products are ready for you to pick up. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address or pick-up point, after which PRPHC is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, take into account any public holidays including any national and/or regional holidays in your country of residence. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.
Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery. Note that Personalized Products have different delivery periods. This means that your complete order of PRPHC Products, Personalized Products and Brand Products will take longer to deliver. However, Personalized Products may also be delivered separately from any other Products you may have ordered.
PRPHC is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.13 Returns and Withdrawal Policy
For practical information and the instructions for returning Products please see the Return Section on the Website.
In the event that you have a right to withdraw from a contract of sale with us (and thus return your Product(s)) in accordance with Sections 2.14 or 2.15, the following conditions apply.
Notification of Withdrawal and Return of Products
To exercise your right of withdrawal you must inform us and submitting a clear declaration (e.g. a letter sent by post, or an email) stating your decision to withdraw from the contract of sale. To meet the withdrawal period deadlines specified in Sections 2.14 and 2.15 you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the relevant withdrawal period.
The Product must be returned (following the instructions on the Website) to our warehouse.
The easiest and our preferred way to return your Products is to follow the steps in the Return Section, because this both returns the Products and notifies us of your desire to withdraw from the contract of sale in one go.
Returns not made in accordance with the instructions set forth above shall be at your own risk and at your expense.
We shall notify you via email once we have received and processed the returned Product(s).
2.14 Statutory Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period shall be fourteen (14) days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of the final Product(s) making up your order (“Withdrawal Period”).
To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
You must send back or submit the Products immediately after, but in any event no later than fourteen (14) days from the date on which you inform us about the withdrawal from the contract of sale, in accordance with the Returns and Withdrawal Policy in section 2.13 and in suitable packaging. This deadline shall be deemed met if you send the Products before this deadline expires.
If you withdraw from a contract of sale during the Withdrawal Period in accordance with our Returns Policy (Section 2.13) and this Section 2.14, we shall reimburse all payments we received from you, including delivery charges (provided the returned Standard Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available), at the latest within fourteen (14) days from the date on which the notification of withdrawal of this contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned Products, or until you have submitted proof that you have returned the Products, whichever comes earlier.
You only have to pay for any diminished value of Products if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the Products.
Exceptions to your right of withdrawal
You do not have a right of withdrawal, whether pursuant to Section 2.14 or Section 2.15, for contracts regarding the:
delivery of Products that are made to your own specifications or which are clearly tailored to your personal needs (Personalized Products); and/or
delivery of Products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
2.15 RETURN RELATED TO PERSONALISED PRODUCTS
As explained in section 2.13, since Personalized Products are created just for you, we do not accept returns of Personalized Products except in the case of manufacturing defects. If your Personalized Product has a defect please contact us, for return instructions.
2.16 EXCHANGE POLICY
It may be possible to exchange your Product (“Original Product”) for another Product (“New Product”) under certain conditions fully at our discretion. Exchange is always subject to stock availability. The Original Product must be returned in accordance with our return policy set out in sections 2.13-2.15. If you do not return the Original Product in accordance with our return policy, we may not refund you (fully) or charge you for the New Product. The price of the New Product will be equal to the price of the Original Product, even if the price and/or applicable taxes have changed. The order of your New Product is subject to the same terms regarding returns (see section 2.13-2.15) and contract formation as the order of your Original Product (see section 2.4), understanding that the order of the New Product will – mutatis mutandis – be treated as an order made on our Platform.
2.17 DAMAGED OR DEFECTIVE PRODUCTS
For PRPHC, quality is key. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. PRPHC has a legal obligation to make sure that our Products are conform to the contract of sale.
Returned Products are inspected by the PRPHC Quality Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products:
- obtained from a source other than the Website;
- that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or
- that have been damaged by misuse or activities other than the intended purpose
Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don’t hesitate to contact us with your questions and comments.