Online Store Terms and Conditions
Online Store Terms and Conditions
OBJECT
This document (hereinafter, simply “Terms and Conditions”) regulates the general terms and conditions of use of the website you have just accessed, owned by AGRITORRES – DISTRIBUIÇÃO ESPECIALIZADA, S.A.as well as the terms and conditions of purchase and sale of products sold through the respective online store, hereinafter, simply referred to as website and online store online.
INTRODUCTORY PROVISIONS
- 1. Identification of the website owner and product supplier: website e fornecedora dos produtos:
- The owner of the website 1.1. and supplier of products sold in the online store is online1.1. is AGRITORRES - DISTRIBUIÇÃO ESPECIALIZADA, S.A., located in Zona Industrial do Cadaval, Lote 21, 2550-171 Cadaval - Portugal, with NIPC 509016723, hereinafter designatedThe®Special ”.
- User Information
– Instalações da The®Special location: Zona Industrial do Cadaval, Lote 21, 2550-171 Cadaval;
– Telefone: 262 690 272;
- E-mail address: apoio.cliente@puraspecial.com.
- Use of the website
- The use of the websiteeither through simple navigation, or through the establishment of a commercial relationship with The®Special through its store online, gives you the status of User and implies full and unreserved acceptance of all provisions included in these Terms and Conditions as well as in the Privacy Policyin force each time you access the website.
- These Terms and Conditions are applicable to all Users of the websiteincluding, without limitation, visitors, customers and others not specifically identified.
- The contractual proposal regarding the purchase and sale of products marketed by PURA® SPECIAL in the store online is only addressed to persons of legal age with full capacity and who, therefore, can be responsible for the commitments resulting from the purchase and sale of products marketed by The®Special .
- If the User does not agree with these Terms and Conditions, in their entirety, they should not access the store onlineIn particular, the completion of any and all purchases through the store online depends on the acceptance of these Terms and Conditions, so if the User does not accept them, he will not be able to make purchases through the same.
- By accepting these Terms and Conditions, the User makes this acceptance on his/her personal behalf and/or the organization he/she represents (if applicable). When placing orders through our store online, the User declares that he is over 18 years of age, guaranteeing that he has full legal capacity for the acts he practices and the necessary powers to carry out this acceptance. Furthermore, by accepting these Terms and Conditions, the User expressly declares that he will not use the website and the features and services associated with its use, for any illegal and/or illicit purposes.
- The The®Special , reserva o direito de alterar os presentes Termos e Condições a qualquer momento e sem aviso prévio, pelo que o Utilizador deverá consultar os Termos e Condições antes de cada utilização do website and associated features and services, in particular, before of each use of the store online.
- Without prejudice to the provisions of the previous number, any changes to the Terms and Conditions after the confirmation of any order do not bind the User in relation to such order. The Terms and Conditions in force on the date of confirmation of each order will apply.
- The The®Special guarantees the security of the account within the expected security measures and appropriate for platforms such as the website and its store online.
- The The®Special is not responsible for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
- Under no circumstances may The®Special and/or its representatives and workers be held liable for any damages that may arise, even accidentally, from the malfunction of the websitein any capacity and for whatever time such malfunction continues, or for any damage caused by the reproduction, use or exploitation.
- Violation of the provisions of these Terms and Conditions by the User constitutes grounds for its resolution by PURA® SPECIAL. In any case, the breach of the provisions of these Terms and Conditions by the User and regardless of whether they are resolved or not, always gives The®Special the right to be compensated for all damages resulting therefrom. In addition, PURA® SPECIAL reserves the right, at its discretion, to terminate the use of the website and its functionalities and services by the User in question, with or without notice to the same.
- Customer Registration on the website
- 1.1. Mere access to the website is not subject to registration. To enjoy all the features and services of the websitenamely the store onlinethe User must, however, register as a customer.
- Registration on the website s carried out by creating a User account. For this purpose, you must fill in a form in which you must indicate the following data:
Name (first and last);
Email address;
Password.
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- The User is responsible for the veracity, completeness and lawfulness of the data provided, both at the time of registration and for the purposes of making purchases in the online, as well as for the respective updating. In these terms, the User will be solely and exclusively responsible for any false or inaccurate statements made and, consequently, for compensating The®Special for all damages that it suffers as a result of non-compliance with this provision.
- All content entered into the User's account, as well as all activity that takes place therein, are the responsibility of the User, and The®Special does not have any obligation to monitor the content or the (non)fulfillment of any responsibilities of the User, namely compliance with obligations towards other Users or towards national authorities.
- PURA® SPECIAL does not have access to or knowledge of the password defined by the User for the purpose of accessing the websiteand it is up to the User to ensure the confidentiality of the password and guarantee its safekeeping and good use, as well as complying with good practices. regarding the security of your account (in particular, changing your password regularly and avoiding connections via networks open to the public). As such, PURA® SPECIAL cannot be held responsible for damages resulting from the loss or misuse of the password defined by the User.
PRODUCTS
- Product Features
- The website offers a wide range of products for purchase through the online store. online.
- All these products are illustrated with photographs and an indication of their essential characteristics and are available, without distinction, for purchase by Consumers or Professionals.
- PURA® SPECIAL has made every effort to ensure that the information presented on the website and in the respective store online is free from typographical errors and, whenever these occur, The®Special will use its best efforts to keep the information regarding the products, contained on the website and in the respective store website and in the respective store online.
- At any time, PURA® SPECIAL may change, delete or move any information on the website and in the respective store onlinewithout prior notice, namely those relating to products, prices, promotions, offers, commercial conditions and services. Therefore, if the information available in the shopping cart is different from the one you initially accessed, the latter will prevail.
- The User hereby expressly accepts and agrees with the following:
- The photographs presented on the website are merely illustrative, and the User must carefully and fully read the information on the essential characteristics of the products that are described on the websiteand, in case of doubt, contact PURA® SPECIAL in order to obtain any additional information;
- Detailed information about the products and their characteristics/specifications can be consulted with The®Special ;
- All products for sale on the website estão sujeitos ao stock existente, sem prejuízo de a The®Special endeavoring to present updated information regarding the availability of products included in the shopping cart;
- The The®Special will not be held responsible for any discontinued items;
- The The®Special will not be held responsible for inaccurate or incorrect photographs or price information, as a result of computer errors.
- The prices and products available on the website are only valid for commercial transactions carried out through the store online.
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- The information provided on the website The®Special and in the respective store online does not exempt the consumer from consulting the characteristics and information for the consumer of these products upon receipt by the User and before their use, and the User must always read the information on recommendations for use and/or conservation and warnings, as well as all mandatory and/or voluntary information about the Product before using it, and The®Special is not responsible for any consequences resulting from not consulting the information.
- Total price of products
- The price of each of the products sold by The®Special is duly indicated on the websitein Euros, including VAT at the legal rate in force.
- The price of each of the products sold by The®Special and indicated on the website, does not include the transport costs of the products for delivery to the User, costs that vary depending on the intended delivery method. Therefore, you should consult the options and prices of these Terms and Conditions.
- The transport costs of the products and, where applicable, the products exempt from transport costs, will be presented to the User at the moment immediately prior to the Confirmation of the Order by the User.
- Although The®Special tries to ensure that all prices shown on the website are correct, errors may occur. If The®Special detects an error in the price of any of the products that the User has ordered, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or to cancel it. If PURA® SPECIAL is unable to contact the User, the order will be canceled and the amount already paid will be refunded in full.
- The price of the products is subject to change by The®Special without prior notice, until the moment of Confirmation of the Order by the User.
- Purchase and Sale of products - processing and business conditions
- Selection of products to include in the shopping cart – Step 1
- The products that the User intends to buy must be placed in the shopping cart, indicating the number of units desired.
- Items for sale are subject to existing stock, and The®Special is not obliged to sell any product that is not available in stock.
- Once the desired products have been selected, the User must select the “Checkout” option, and then log in, create a new registration if not yet registered, or choose to continue as a guest, under the terms of Clause 3.
- Selection of products to include in the shopping cart – Step 1
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- Indication of data for invoicing, selection of payment method and Delivery Data – Step 2
- For the purpose of completing the order, the User must enter the requested personal data. If you have selected this option, the aforementioned data supra will only be requested upon the first purchase through the websitebeing saved for the purpose of future purchases. That way, they won't be required again.
- The User must enter the delivery and billing data. You must also select the respective delivery method, with the following options available:
- Indication of data for invoicing, selection of payment method and Delivery Data – Step 2
Shipping company;
Torrestir.
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- The User will, at that moment, be informed of the price to be paid for shipping, for his order, as well as the foreseeable deadlines, in working days, for dispatch and delivery of the products to the User.
- After the orders are dispatched, a notification is sent to the User via email. If for any reason the customer does not receive the shipment confirmation within a reasonable period, he must contact PURA® SPECIAL.
- Then the User must choose the payment method, having the following options available:
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ATM Reference;
Mbway;
Credit card.
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- Before confirming the order, the User undertakes to verify the data contained in his order summary, confirming the User data, the products selected in the shopping cart, the respective delivery method and payment method, and must go back to the steps in order to proceed with the respective rectification in case of any non-compliance.
- Before finalizing the order, the User must read the “Terms and Conditions”, inserting the symbol of agreement in the available square, only in case of accepting them. The acceptance of the “Terms and Conditions” is an absolute requirement for the continuation of the operation. The User must immediately print and file the Terms and Conditions for future reference.
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- Order confirmation and contract formation – Step 3
- After completing the previous steps and having read and confirmed the acceptance of these Terms and Conditions and the Privacy Notice, the User will be able to finalize his order.
- By confirming the order, the User enters into a purchase and sale contract with The®Special expressing their full and complete acceptance of the description of the products included in the transaction, their prices and these Terms and Conditions, which contain the only provisions applicable between User and The®Special .
- After Confirmation of the Order by the User, he will receive an email confirming that his order has been received by PURA® SPECIAL (email Order Confirmation email). This email email will contain a summary of the information about the order placed, including the name/reference of the product, the total price of the same, the chosen shipping option and associated transport costs, as well as the payment method selected by the User and the respective deadline ( if you have not opted for automatic payment via Credit Card, for example). If any data is not correct, the User must immediately ask PURA® SPECIAL to change it.
- Performed the total price of the products, the invoice will be issued and sent in digital format for the email provided by the user. Once issued, the invoice cannot be reissued with changes.
- With the Confirmation of the Order by the User, accompanied by the subsequent payment in full of the total price of the products, the contract of purchase and sale of the products is formalized, being its effectiveness, however, dependent on the availability in stock of the products, in accordance with the provisions in the following numbers.
- All orders for products in the store online will be subject to their availability in stock. The The®Special is not obliged to supply products that are unavailable, so if the products ordered are not available in stock, a The®Special will inform the User immediately after becoming aware of such unavailability and will act in accordance with the provisions of following numbers.
- If there is a temporary unavailability of any of the products in stockmaking it impossible to deliver them within the agreed deadlines, The®Special making it impossible to deliver them within the agreed deadlines,
- Order confirmation and contract formation – Step 3
- A new delivery period, and the order will only proceed after consent given by the User (via email),
- he supply of a product of equivalent quality and price, if any, and, in this case, the order will only proceed after consent given by the User (via email), or
- The cancellation of the order in relation to the missing products, with the corresponding refund of the amounts paid by the User, within a maximum period of 30 (thirty) days after the communication of the cancellation.
- Products delivery and respective deadlines
- Once the purchase and sale contract has been formalized, the full payment of the total price of the products has been made, and provided that the products purchased are available, all in the terms provided for in the previous clauses, The®Special will send the User the delivery information of the products, in accordance with the provisions of clause 6.2. and in accordance with the option selected by the User.
- Notwithstanding the established deadlines, delays may occur for any of the following reasons, not attributable to PURA® SPECIAL, and which therefore will not give the User any right to compensation:
- Delays by the carrier;
- Difficulties in delivery to the recipient;
- Local holidays.
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- The delivery of the products to the User will be made, either to the User himself or to the person he indicates to The®Special in writing, to the e-mail address vendas@puraspecial.com, with the identification of the person authorized to receive the products. For the purposes of delivering the products, either the User or the person indicated by the User must provide their identification document to PURA® SPECIAL or to the carrier, if requested, the latter reserving the right not to deliver in case of doubts about the respective identity.
- The User must ensure the presence of someone at the delivery address of the products, on the date indicated.
- The The®Special refuses any responsibility for any delay or impossibility of delivering the order, resulting from acts for which it is not responsible.
- The deadline for the delivery of the ordered products is 30 days, counting from the day following the confirmation of payment of the total price of the products
- For the purposes of these Terms and Conditions, a "delivery" is considered carried out or a product is considered "delivered" with the signature of the delivery receipt at the agreed address.
- The The®Special does not carry out exchanges. As such, in case of mistake by the User, he must return the product, applying, for this purpose, the provisions of the Right of Free Resolution clause, and then place a new order, with the products he wants.
PRODUCT WARRANTY
- Garantia de conformidade dos produtos
- The The®Special is responsible for any lack of conformity of the products that exists at the time they are delivered to the User.
- The products do not comply with the purchase and sale contract when any of the following facts occur:
- When the products do not conform to the description given by The®Special on its website or do not have the qualities that The®Special tenha apresentado ao Utilizador como amostra ou modelo;
- Quando os produtos não sejam adequados ao uso específico para o qual o Utilizador os destine e do qual tenha informado a The®Special has presented to the User as a sample or model;
- When the products are not suitable for the uses normally given to goods of the same type;
- When the products do not present the qualities and performance usual in goods of the same type and that the User can reasonably expect, taking into account the nature of the good and, eventually, the public statements about its specific characteristics, made by The®Special or by the brand, in particular in advertising or labeling.
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- Pursuant to Consumer Law, the general warranty period for products is 2 (two) years for new products, counting from the date of delivery of the products to the User, provided that the product defect is reported to PURA® SPECIAL in the maximum period of 2 months from the date on which it was detected.
- In sales to professionals, PURA® SPECIAL is also liable for any defect in the products that exists at the time they are delivered to the User, with a guarantee period of 6 (six) months, counting from the date of delivery of the products to the User.
- Warranty Exclusions
- There is no lack of conformity or defects in the products, within the meaning of applicable law, if, at the time the contract is concluded, the User is aware of such lack of conformity or defects or cannot reasonably be unaware of them.
- It is also not considered that there is a lack of conformity or defects in the products, for which The®Special is responsible, the occurrence of defects or defects for which The®Special is not responsible, namely when they arise from the following situations:
- Failure to use and/or maintain the products carefully, diligently and/or in accordance with the respective indications;
- The use of the products for a purpose other than the one for which they are intended;
- Production of products in accordance with customer requests and specific characteristics indicated by the customer;
- Normal use/consumption of products;
- Due to the expected shelf life of the product;
- Modification or alteration of products.
- Procedure
- If the Product purchased is not in conformity or suffers from a defect, the User must report the situation to The®Special , apresentando a respetiva fatura e a descrição da não conformidade, devendo os respetivos produtos ser entregues à The®Special for evaluation.
- Upon receipt of the products by The®Special verification of the reported non-compliance will be carried out and, in the event of any lack of compliance under the responsibility of The®Special the User may choose between one of the following options:
- Replacement of the product by another with identical characteristics;
- Substituição do produto por outro de características idênticas;
- Redução do preço pago pelos produtos;
- Termination of the Agreement, pursuant to the following Clause.
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- The costs of returning or collecting the products under warranty will be supported by The®Special whenever it is concluded that the non-compliance in question is covered by the warranty period.
CONTRACT RESOLUTION
- Right of free termination of the contract
- The provisions of this clause apply exclusively to sales made to the final consumer, as defined in Lei n.º 24/96, de 31 de julho, with subsequent changes.
- Nos termos do DL n.º 24/2014, de 14 de fevereiro, o Utilizador tem o direito de livre resolução do presente contrato no prazo de 14 dias de calendário, sem necessidade de indicar qualquer motivo. O prazo para exercício do direito de resolução expira no prazo de 14 dias a contar:
- From the day on which the User or a third party indicated by the User (with the exception of the carrier), acquires physical possession of the product; or
- Do dia em que o Utilizador ou um terceiro, com exceção do transportador, indicado pelo Utilizador, adquira a posse física do último produto, no caso de vários bens encomendados pelo Utilizador numa única encomenda e entregues separadamente.
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- The right of free resolution may be exercised by the User for the entirety of the products purchased or only for some of the products included in an order.
- For this purpose, the User must fill in the «Free resolution» template suggested below, or send a written and unequivocal communication of his decision to withdraw, being able to do so by registered letter to the address of The®Special or by email to the email address of The®Special (available in point 1.2.). PURA® SPECIAL will send the User, by email, an acknowledgment of receipt of the withdrawal request, within 24 hours.
Form
FREE RESOLUTION FORM TEMPLATE
(YOU SHOULD ONLY FILL OUT AND RETURN THIS FORM IF YOU WANT TO TERMINATE THE AGREEMENT)
Name:
Fiscal Identification:
General Telephone:
Fax:
Adress:
Email:
I hereby inform you that I terminate our purchase and sale agreement relating to:
Product:
Reference:
Order no.:
Ordered in ____/____/_____.
Received in ____/____/_____.
Client name:
Customer address:
Customer phone number:
Customer Email:
Signature of the consumer (only if this form is served on paper):
_________________________________________________________________________________________________.
Local: ___________________. Date ____/____/_____.
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- In order for the withdrawal period to be respected, it is sufficient that the communication regarding the exercise of the free right of withdrawal is sent before the end of the withdrawal period provided for in paragraph 2 of this Clause.
- Obligations of the parties arising from the free termination of the contract
- When the products have already been delivered to the User, the User must, within 14 days from the date on which he has communicated his decision to terminate the contract to The®Special return or deliver the products to The®Special being responsible for bear the costs arising from the return of the products.
- In the event of termination of this contract before the User receives the order, all payments made by the User will be refunded, including any costs for the delivery of the products (except when the User has requested a more expensive delivery method than the usual one).
- PURA® SPECIAL reserves the right to withhold the refund of amounts paid by the User as long as the products are not returned to them.
- Refunds will be made using the same payment method used in the initial transaction, unless otherwise expressly agreed by the User.
- In order for the return to be accepted, the User must keep the products in order to be able to return them in the same conditions in which they were received: sealed, in their complete original packaging, and always accompanied by the respective receipt or original invoice.
- The right to return products applies exclusively to products that can be returned under the same conditions in which the User received them. To return the order, the product must be in perfect condition, in its original closed/sealed packaging, accessories or promotional offers included, and accompanied by proof of purchase or invoice. Any product that has been damaged or that shows signs of use beyond the simple opening of the external packaging (for transport) of the same, namely because the packaging/inviolability and security seal has been opened, and/or the respective labels have been removed/cut, will be rejected by The®Special .
- The User cannot terminate the contract when the transacted product has been, in any of its components, made according to the User's specifications or customized.
- If the above conditions are not met, the return will be rejected, and an email will be sent to the User indicating the respective reasons. In this case, the User will have the option of requesting the return of products not accepted for return, the return shipping costs being supported by the User.
FINAL DISPOSITIONS
- Intellectual property
- PURA® SPECIAL is the owner of all intellectual property rights on the website.
- The contents that are made available by The®Special through the websitenamely texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely by copyright and industrial property rights, being its property or license, held by The®Special and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of PURA® SPECIAL or the holder of the intellectual property right applicable, which the User acknowledges and accepts.
- The User undertakes not to make any abusive use of these same contents, and they cannot be copied, disseminated, used or copied in any way, not using software tools to collect protected content, namely robots, crawlers or other automatic mechanisms.
- The User will not copy, translate, disassemble or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code and object code of the Platform, as well as third-party tools and applications and the software associated with the operation of the same Platform, nor remove any confidentiality or intellectual property notices.
- The User undertakes to fully reimburse The®Special for any damages, costs or expenses that it supports as a result of claims of any kind or nature that are brought against it by third parties, based on the violation of third party rights, namely intellectual property rights related to the use of content made available, provided or made available through the website and the services associated with it, including compensation paid to third parties by agreement with them.
- Protection of Personal Data
The The®Special as the controller, respects your privacy. Any and all personal data collected on the website will be kept confidential and will not be sold, communicated or, in any way, reused by third parties without your authorization. Any personal data provided to us will be treated in accordance with the relevant legislation, with the best practices and ensuring all technical and organizational security measures to protect them. For more information on how we treat your personal data, you should consult our Privacy Policywithout prejudice to the notices contained in the appropriate places.
- Responsibility
To the fullest extent permitted by law, The®Special will only be liable for damage caused by gross negligence or willful misconduct. The®Special assumes no responsibility for the continuous availability of its websiteand in particular mobile networks, the Internet and mobile devices.
- Alternative Dispute Resolution
O Utilizador poderá dirigir comentários, sugestões ou reclamações à PURA SPECIAL® através de contacto telefónico, para o número 262 690 272 (disponível de 2ª a 6ª das 9h às 13h e das 14h às 18h) ou através do contacto de correio eletrónico apoio.cliente@puraspecial.com.
- The®Special Resolução alternativa de litígios
- The provisions of this clause apply exclusively to sales made to the final consumer, as defined in Lei n.º 24/96, de 31 de julho, with subsequent changes.
- PURA® SPECIAL informs that, pursuant to the Consumer Protection Law, consumer disputes of low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, by the express option of consumers, these are submitted to the arbitration court attached to the legally authorized arbitration centers for consumer disputes. Thus, in the event of a dispute, the final consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, under the terms legally established).
- Mais, ao abrigo do Reg. (UE) 524/2013 do Parlamento Europeu e do Conselho, o Utilizador pode aceder em https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage à Plataforma de Resolução de Litígios em Linha (RLL), onde é disponibilizada informação sobre a possibilidade de recorrer à mesma para resolver os seus litígios.
- Também no Portal do Consumidor (www.consumidor.pt) é disponibilizada informação sobre as Entidades de Resolução Alternativa de Litígios de consumo disponíveis, para a promoção da resolução extrajudicial de litígios nacionais e transfronteiriços ao abrigo da Lei n.º 144/2015, de 8 de Setembro, com as alterações subsequentes, quando os mesmos sejam iniciados por um consumidor contra um fornecedor de bens ou prestador de serviços e respeitem a obrigações contratuais resultantes de contratos de compra e venda ou de prestação de serviços, celebrados entre fornecedor de bens ou prestador de serviços estabelecidos e consumidores residentes em Portugal e na União Europeia.
THE USER DECLARES HAVING READ AND UNDERSTOOD THESE GENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM, AND THAT HE HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. YOU FURTHER ACKNOWLEDGE THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PURA® SPECIAL, WHICH DELETES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PURA® SPECIAL, RELATING TO THE PURPOSE OF THIS AGREEMENT.
Terms and Conditions updated at 2022/02/21.