Terms and conditions
Article 1 – Definitions
In these terms and conditions:
Additional agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these items are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day;
Duration agreement: an agreement that extends to the regular delivery of goods during a certain period;
Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that prevents future consultation or use during a period that is tailored to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products to consumers at a distance;
Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, whereby exclusive or joint use is made of one or more techniques for remote communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 – Identity of the entrepreneur
Fifty Wood
Tramkade 26, 5211VB Den Bosch, The Netherlands;
E-mail address: [email protected]
Chamber of Commerce number: 72020075
VAT identification number: NL226718840B02
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The contract
The agreement is subject to the provisions of paragraph 4, concluded the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms electronic receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the contract is concluded electronically, the merchant takes appropriate technical and organizational measures to protect the electronic data transmission and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
According to the law, the entrepreneur can – inform the consumer’s ability to fulfill his payment obligations, and all facts and factors that are important for a proper conclusion of the distance contract. If the operator of this research was justified in not entering into the contract, he has the right to refuse an order or request or to attach special conditions to the execution.
Upon delivery of the product to the consumer, the entrepreneur will review the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the address of the establishment of the company where consumers can submit complaints;
the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and after-sales service;
the price including all taxes of the product; if applicable, the delivery costs; and the method of payment, delivery or performance of the contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
If the consumer has a right of withdrawal and the model withdrawal form.
In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
For products:
The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
Personalized products are excluded from the right of withdrawal.
Article 7 – Obligations of the consumer during the reflection period
During the cooling-off period, the consumer will handle the product and the packaging with care. He will 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 he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him 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 costs thereof
If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. The consumer must return already accepted items to the return address. We will refund the full purchase price, including the calculated shipping costs of the order. The shipping costs for the return are for the account of the consumer. Also when returning any part of the order, the shipping costs are for the account of the consumer.
All cancellations, exchanges and returns must be communicated to the entrepreneur in writing. Please use our contact form or send us an email. In any case, state your full name and order number and the items you want to cancel, return or exchange. In order to improve our customer service, we would appreciate it if you let us know the reason. You are of course not obliged in accordance with the distance purchase agreement. Amounts already paid will be refunded to you within a maximum of 14 days after return.
Return address: Fifty Wood, Ackersdijckstraat 36, 5212GL, Den Bosch, The Netherlands.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.
The return costs are for the account of the consumer.
The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products. to take;
Personalized products are excluded from the right of withdrawal.
Article 11 – The price
During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
The prices stated in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and extra guarantee
The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
An extra guarantee is understood to mean any obligation by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
Damage as a result of an accident, improper use and wear and tear due to daily use are excluded from the warranty.
The entrepreneur finishes the wood with a water-based, transparent lacquer which gives the wood a deeper color and protects the wood. This protects the wood from splashing water. The wood veneer on the lid is 0.6mm to 1mm thick. This can no longer be bent because the wood will crack or break. This is clearly indicated in the cap and on the tag. Wood is a natural product that can still work. The company cannot guarantee cracks or bumps in the wood. The cotton fabrics used for the caps are natural fabrics, which can cause a reaction to sweat and sunlight, such as discoloration and fading. This is a natural process over which the entrepreneur has no influence. The acrylic fabrics are hardly affected by this because these are not natural fabrics. The entrepreneur can therefore not guarantee the discolouration of the cotton fabrics.
Article 13 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer provides to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
The consumer must inform the entrepreneur immediately, but no later than 2 weeks after the package should have been delivered to the delivery address according to the specified delivery dates to the different countries as stated in the FAQ, if a package has not arrived or has not arrived completely or broken. , so that the entrepreneur can take action to solve the problem. Complaints that come in after this term cannot simply be resolved. The entrepreneur will do everything possible to solve the problem, but can no longer guarantee that it will work.
If the address provided by the consumer during the order is incorrect or incomplete, causing delivery problems, the costs for a new shipment to the consumer will be borne by the consumer.
Article 14 – Payment
Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 15 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.
Article 16 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 17 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Annex I: Model withdrawal form
Form for returning items (withdrawal)
To: Fifty Wood
Ackersdijckstraat 36, 5212GL Den Bosch, The Netherlands
[email protected]
I hereby declare that I wish to revoke our agreement concerning the sale of the following goods:
– Order number:
– Order date:
– Received on:
– Consumer name:
– Consumer address:
– Date:
– Signature of consumer(s):
All items can be returned to us during 14 days if they are unworn, in original condition and have the original tags and labels. Check our website for all conditions and return instructions.
Release: 25-02-2015