Last updated: October 19th 2019
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meaning:
1. Company: FIVESIX Retail , and it´s branches;
2. Consumer: the natural person who does not act in the course of a profession or a business and concludes a non-face-to-face agreement with the company;
3. Non-face-to-face agreement: an agreement in which one or more technologies are exclusively used for remote communication up to and including the concluding of the agreement in the context of a system organized by the company for the remote sale of products;
4. Remote communication technology: a tool that can be used to conclude an agreement without consumer and company meeting one another in the same room;
5. Website: the website of FiveSix accessible via www.Five–six.com;
6. Reflection period: the period of time in which the consumer can use his right of withdrawal;
7. Right of withdrawal: the possibility for the consumer to remotely terminate the agreement during the reflection period, without stating reasons;
8. Day: calendar day;
9. Sustainable data carrier: every means that enables the consumer or company to save information that is addressed to it personally in a manner that makes possible future consultation and unaltered reproduction of the saved information.
Article 2 – Identity of the company
2721 GJ Zoetermeer
E-mail address: Info@five–six.com
Chamber of Commerce The Hague: 75.7601.26
VAT number: NL-8603.87.185.B.01
Article 3 – Language and applicability
1. These general terms and conditions apply to every offer of the company and every non-face-to-face agreement that was concluded between company and consumer. The company designed its website in such a manner that the placing of an order and the payment of ordered products cannot take place until the consumer has been able to take cognizance of these general terms and conditions and has agreed to the applicability thereof.
2. These general terms and conditions have been drawn up in Dutch and have been translated into English by a sworn translator. In case there are differences between the Dutch and the English text, the Dutch text prevails.
Article 4 – The offer
1. All products that the company offers for sale through its website are offered subject to the condition that the products are in stock with the company.
2. All products that are offered for sale by the company through its website are offered subject to the condition that delivery shall take place within the European Union.
3. The company strives to remove from its website any products that are no longer in stock with due speed, however, it cannot guarantee that offered products are also actually in stock.
4. In case an offer has a limited period of validity or occurs subject to conditions, this will expressly be stated in the offer.
5. All products are provided with a description and one or several pictures in which the description and the pictures together provide a sufficiently detailed and truthful image of the products, enabling the consumer to properly assess the offer.
6. Apparent mistakes or errors in the offer do not bind the company.
7. The company mainly uses English on the website. The agreement can be concluded in Dutch and English.
8. The stated prices always include (all) tax(es).
Article 5 – The formation of the agreement
1. The agreement is formed the moment the consumer accepts the offer and complies with the conditions that apply in that respect.
2. In case the consumer has accepted the offer electronically, the company immediately confirms receipt of the acceptance of the offer by means of an electronic message. As long as the receipt of this acceptance has not been confirmed, the consumer can terminate the contract.
3. In case the agreement is realized electronically, the company takes the fitting technical and organisational measures for the security of the electronic transfer of data and takes care of a safe web area. In case the consumer is able to make electronic payments, the company will observe the applicable safety measures.
Article 6 – Payment
1. Insofar as not agreed upon otherwise, the amounts owed by the consumer shall in any case be paid within fourteen days after delivery of the product.
2. The consumer has the obligation to immediately report any inaccuracies in provided or stated payment details to the company.
3. In case of non-payment by the consumer, the company has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer.
4. The receipt of the payment is confirmed to the consumer electronically.
5. Payment can take place via the payment possibilities provided on the website, being iDeal, VISA, MasterCard, American Express, Union Pay.
Article 7 – Delivery and performance
1. The company will observe the utmost care upon receiving and carrying out the orders of products.
2. The dispatch of products will occur through UPS or another mail delivery company, all this at the discretion of the company.
3. For shipment within the European Union, (shipping or transport) costs are always charged.
4. As soon as the products are sent, the consumer is informed there of by e-mail. In this e-mail the consumer is provided with a so-called ‘track and trace code’.
5. The place of delivery shall be the address (within the European Union) that the consumer made known to the company.
6. The company strives to send the products within 1 to 3 working days after acceptance of the order, but guarantees that the order will be shipped within 30 days at the latest, unless a longer delivery period was agreed upon. In case delivery is delayed or in case an order cannot be carried out, or only partially, the consumer receives a notification thereof one month after the placing of the order at the latest. In that case the consumer has the right to terminate the agreement without costs.
7. In case of termination in conformity with the preceding paragraph, the company shall pay back the amount paid by the consumer as soon as possible, aiming at 1 to 3 working days, however, within 30 days after termination at the latest.
8. The risk of damage and/or loss of products lies with the company until the moment of delivery to the consumer, unless expressly agreed upon otherwise.
Article 8 – Right of withdrawal
1. During fourteen calendar days, the consumer has the possibility to terminate the agreement without stating reasons. This period starts on the day of receipt of the product by or on behalf of the consumer.
2. In case the consumer uses his right of withdrawal, he shall return the product to the company with all delivered accessories and – if reasonably possible – in the original state and packaging, as soon as possible, however, in any case within 30 days after the termination and in conformity with the reasonable and clear instructions provided by the company.
3. During the period that the consumer has the product in his possession, he shall handle the product and the packaging with care.
4. The consumer will only unpack and use the product to such a degree insofar that is necessary to assess whether he desires to keep the product. In case the purchased product concerns shoes, the consumer is obliged to fit these on a soft subsoil so that the soles will not show any signs of use. If the product is provided with a ‘tag’, a card stating the announcement: “Returns will only be accepted if this tag remains attached to your purchase”, or words of a similar meaning, this tag may not be removed.
Article 9 – Return
1. In case the consumer uses his right of withdrawal, the costs of return are for his account.
2. The consumer undertakes to observe the instructions with regard to the return that are to be reasonably provided by the company.
3. The company commits itself to pay back the paid purchase price (minus the costs of return) as soon as possible, aiming at 1 to 3 working days, however, within 30 days after return at the latest.
4. If the consumer using his right of withdrawal does not return the products in conformity with the instructions provided by the company, but opts to return these to one of the shops of the company, the consumer will not receive back the purchase price, however, he can exchange the product for a similar product or opt for a claim voucher.
5. Make sure the items are in the same condition you received them in, with all tags & seals still attached.
6. If the company determines that the returned product is worn and/or used, the company will not pay back the purchase price but instead consult the consumer within 14 days after the return.
7. Sale items can also be exchanged or returned.
Article 10 – The price
1. In case an offer has a limited term of validity, the prices of the offered products are not changed, except for price changes as a consequence of changes to VAT rates.
2. In case no validity period is stated, the company can change the prices of the offered products at all times.
3. In case a price increase is implemented on the day on which an order is placed, the lower price applies. In case a price reduction is implemented on the day on which an order is placed, the lower price applies as well.
Article 11 – Conformity and Guarantee
1. The company guarantees that the products shall comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the realization of the agreement.
2. The consumer can no longer invoke the guarantee of paragraph 1 after the expiry of the right of withdrawal period.
3. During two months after the date of delivery, the company also offers full guarantee on manufacturing faults.
4. A settlement offered by the company, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can apply on the basis of the law and/or the non-face-to-face agreement with regard to a shortcoming in the observance of the obligations of the company vis-à-vis the company.
Article 12 – Complaints procedure
1. Complaints about the performance of the agreement shall be submitted to the company with a complete and clear description, preferably in writing or by e-mail within a reasonable time after the consumer stated the complaint(s).
2. Complaints submitted to the company will be answered within a term of 14 days as from the date of delivery. If a complaint requires a foreseeable longer processing time, the company will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more elaborate answer.
Article 13 – Applicable law and choice of forum
1. All disputes arising from or related to an offer or agreement to which these general terms and conditions apply, are subject to Dutch law.
2. All disputes will be submitted to the competent court in The Hague which has absolute jurisdiction, to the exclusion of all other Courts.