Terms and Conditions
This website is operated by Pistachio and Co. Throughout the site the terms “we” “us” and “our” refer to Pistachio and Co. Pistachio and Co offers this website including all information tools and services available from this site to you the user provided that you accept all terms conditions policies and notices stated here.
By visiting our site and or purchasing something from us you engage in our Service and agree to be bound by the following terms and conditions including any additional terms and policies referenced here and or available by hyperlink. These terms apply to all users of the site including browsers vendors customers merchants and contributors of content. By accessing or using any part of the site you agree to these terms. If you do not agree you may not access the website or use any services.
Any new features or tools added to the current store are subject to these terms. You can review the most current version of the terms at any time on this page. We reserve the right to update change or replace any part of these terms by posting updates to our website. It is your responsibility to check this page for changes. Continued use of the website after changes have been posted means that you accept the updates.
Our store is hosted by Shopify Inc. They provide the online ecommerce platform that allows us to sell our products and services to you.
Article 1 – DefinitionsCooling Off Period: the period during which the consumer may exercise the right of withdrawal
Consumer: the natural person who is not acting in a professional or commercial capacity and enters into a distance contract with the entrepreneur
Day: calendar day
Long Term Contract: a distance contract for a series of products or services where the delivery or purchase obligation is spread over time
Durable Data Carrier: any tool that allows the consumer or entrepreneur to store information for future reference without alteration
Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the cooling off period
Entrepreneur: the natural or legal person who offers products or services at a distance to consumers
Distance Contract: a contract concluded through a system organised by the entrepreneur for distance selling without requiring the consumer and entrepreneur to be in the same place
Technique for Distance Communication: any method used to conclude a contract without physical presence
General Terms and Conditions: these terms
Company name: Pistachio and Co
Email address: pistachio.co.shop@gmail.com
These general terms apply to every offer and every distance contract between the entrepreneur and the consumer. Before the contract is concluded the consumer receives these terms or access to them. If this is not possible the consumer will be informed where the terms can be viewed and that they will be sent free of charge upon request.
If the contract is concluded electronically the terms can be provided in a way that enables the consumer to store them on a durable data carrier.
If specific product or service conditions apply they supplement these general terms. In the event of conflicting terms the consumer may rely on the most favourable provision.
If any provision is invalid or annulled the remaining provisions remain in effect.
Situations not covered by these terms will be judged in the spirit of these terms.
Article 4 – The OfferIf an offer has a limited validity period or special conditions this will be stated clearly. All offers are without obligation. The entrepreneur may change or amend the offer.
The offer includes an accurate description of the products or services. Images represent products truthfully though minor variations such as colour differences may occur due to screen settings. Obvious errors do not bind the entrepreneur.
Each offer contains clear information about rights and obligations including the price excluding customs clearance and import VAT which are charged by postal and courier services to the receiver. Shipping costs the method of contract formation the existence of a right of withdrawal payment delivery performance the validity of the offer and any other required information are provided.
Article 5 – The AgreementThe agreement is formed when the consumer accepts the offer and meets the stated conditions. If acceptance occurs electronically the entrepreneur confirms receipt. Until confirmation is received the consumer may cancel the agreement.
The entrepreneur ensures secure data transfer and a safe web environment. If consumers can pay electronically the entrepreneur applies appropriate security measures.
The entrepreneur may check whether the consumer can meet payment obligations. If there are valid reasons the entrepreneur may refuse an order or apply conditions.
The entrepreneur provides the consumer with the following information in writing or on a durable data carrier
• the address for complaints
• instructions for exercising the right of withdrawal
• information on guarantees and after sales service
• the details referred to in Article 4 if not already provided
• cancellation rules for long term contracts
Every agreement is subject to product availability.
Article 6 – Right of WithdrawalThe consumer may withdraw from the agreement within 60 days without giving a reason. This period begins the day after the consumer or a representative receives the product.
During the cooling off period the consumer must handle the product with care and only inspect it as needed to determine its nature and features. The consumer must return the product with all accessories and in original condition and packaging.
The consumer must notify the entrepreneur of withdrawal within 60 days after receiving the product through written message or email. After notification the consumer must return the product within 14 days.
The consumer must be able to prove timely return such as with proof of shipment.
If the consumer does not notify within the cooling off period or does not return the product the purchase becomes final.
Article 7 – Costs in Case of WithdrawalReturn shipping costs are paid by the consumer. If the consumer has already paid for the product the entrepreneur refunds the amount as soon as possible and no later than 60 days after withdrawal provided the returned product has been received or proof of shipment has been supplied.
Article 8 – Exclusion of WithdrawalThe entrepreneur may exclude withdrawal for the following products if stated clearly before purchase
• products made to consumer specifications
• products of a personal nature
• products that cannot be returned due to their nature
• products that spoil or age quickly
• products with fluctuating market prices
• newspapers and magazines
• audio and video recordings and software once seals are broken
• hygiene products with broken seals
Exclusion may apply to services such as accommodation transport catering or leisure activities on specific dates services started with the consumer’s consent before the cooling off period ended and services related to betting or lotteries.
Article 9 – PricePrices will not increase during the validity period except for VAT related changes. Products subject to market fluctuations may have variable prices which are clearly stated.
Delivery takes place outside the EU therefore import VAT and clearance fees are charged to the consumer by the courier or postal service. No VAT is charged by the entrepreneur.
The entrepreneur is not bound by printing or typographical errors.
Article 10 – Conformity and GuaranteeProducts and services must meet the contract the stated specifications reasonable expectations of quality and legal requirements at the time of the agreement.
Defects or incorrect deliveries must be reported within 14 days. Returns must be in original packaging and unused. The guarantee period aligns with the manufacturer’s guarantee.
Guarantees do not apply if the consumer uses the product incorrectly alters it or neglects it.
Article 11 – Delivery and PerformanceThe entrepreneur takes care in processing orders. Orders are delivered as quickly as possible and always within 30 days unless agreed otherwise. If a delay occurs the consumer will be informed and may cancel the agreement. Payments are refunded within 14 days after cancellation.
If a product is unavailable the entrepreneur may send a replacement. The consumer may withdraw from the contract if they receive a replacement and return costs for replacements are paid by the entrepreneur.
Risk transfers to the consumer upon delivery.
Article 12 – Long Term ContractsConsumers may cancel an indefinite contract at any time with a notice period of one month. A fixed term contract may be cancelled at the end of the term with a notice period of one month.
Renewal rules must be fair and clearly stated. Trial subscriptions end automatically.
If a contract lasts more than one year the consumer may cancel after one year with a notice period of one month unless fairness requires continuation.
Article 13 – Payment
Unless agreed otherwise payments must be made within seven working days after the cooling off period begins. The consumer must report incorrect payment details immediately.
If payment is late the entrepreneur may charge reasonable costs that were previously communicated.
Article 14 – ComplaintsComplaints must be submitted clearly within seven days after the issue is discovered. Complaints are answered within fourteen days. If more time is needed the consumer will be informed with an estimated response time.
If a complaint cannot be resolved it becomes a dispute. Filing a complaint does not suspend the consumer’s payment obligations unless the entrepreneur states otherwise.
If a complaint is justified the entrepreneur will repair or replace the product free of charge.
Article 15 – DisputesDutch law applies to all agreements between the entrepreneur and the consumer even if the consumer lives abroad.
Article 16 – Contact InformationQuestions about these terms may be sent to pistachio.co.shop@gmail.com
