Terms & Conditions
This website is owned, maintained and under the responsibility of 50five B.V., a public stock company incorporated and existing under the laws of the Netherlands, having its registered office at Luchthavenweg 55C, 5657 EA EINDHOVEN, the Netherlands and registered with the Dutch Chamber of Commerce under the number 66605938, hereafter “we”, “us”, “our” or “50five”.
Please read these General Terms and Conditions carefully before accessing this website and/or placing an order. By accessing this website and/or placing an order you agree to be bound by the General Terms and Conditions in force at the time when you access this website and/or place an order, superseding all general terms and conditions previously available on our website. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
When you purchase a Product and/or a Service, you may also be subject to the Terms and Conditions applying to this Product and/or Service. If these General Terms and Conditions are inconsistent with the Product and/or Service Terms and Conditions, the Product and/or Service Terms and Conditions shall prevail.
Table of Content
XIV. APPLICABLE LAW
These General Terms and Conditions shall apply to any kind of relationship between 50five and you, whether you are a professional or a consumer. However, there are specific conditions and warranties granted only to consumers. Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
When you access and/or place an order on this website, you are electronically communicating with us and, by doing so, you agree that all notices, information, agreements, disclaimer and other communication that we provide to each other satisfy any legal requirement that such communications or statements be in writing. You also consent to receive sales invoices electronically.
We reserve the right to make changes to these General Terms and Conditions at any time.
If any of these terms or conditions is deemed to be void or invalid, that term and/or condition will be deemed as severable but will not affect the validity and enforceability of any remaining condition.
Corporate Identity:50five B.V.Luchthavenweg 55C5657EA EindhovenNetherlands
Email: [email protected]
Registration Number at the Dutch Chamber of Commerce: 66605938
Tax Registration Number: NL856628177.B.01
The Products and/or Services displayed on our website do not constitute a legally binding offer and may be subject to change.
When you put items in your shopping basket and process your check-out, you are provided with all necessary information. That information shall include the order data, the Product(s) and/or Service(s) to be delivered, price and potential additional charges, total price, proposal for payment and delivery.
After your order has been submitted, you shall receive an email confirming your order. We recommend that you print or save this email. We will inform you as soon as possible if any Product(s) and/or Service(s) you have ordered become(s) unavailable and we will not charge you for this (those) Product(s) and/or Service(s).
WARNING: If you do not receive your confirmation email, please check all the sub folders of your inbox. Should your confirmation email not be found in these folders and sub folders, please re-enter your email address properly.
The contract is established in English. The contract will enter into force and take effect upon receipt of our confirmation email which will describe the order data, the Product(s) and/or Service(s) to be delivered, the price and potential additional charges, the total price, the arrangements for payment and the delivery time.
Standard delivery is offered for free unless otherwise specified.
All prices are in GBP £ and include VAT, unless otherwise provided in writing upon confirmation of the order. They do not cover any applicable charges for packaging and carriage.
VAT legally due will be determined based on the location of the supply of Products or Services or by any relevant legal rule. When applicable, VAT is always at your cost and can never be refunded.
As soon as we have received your payment, we will electronically send you your invoice. We recommend that you print or save that email and the attached file.
Unless otherwise agreed, delivery times are only indicative and are given without guarantee since they depend on external 50five partners (suppliers and carriers) and on the availability of the Products you have ordered.
Unless we have both agreed on a specific time for the delivery, for example in the case of a pre-order or when the Product is not in stock, we will deliver the Products within 30 days after the conclusion of the Contract.
Where we have failed to fulfill our obligation to deliver the Products within that time, you may either accept that the Products will be delivered within an additional period of time set by us, or you may call upon us to make delivery within an additional period of time appropriate to the circumstances.
We will not be held responsible for any delay or failure to comply with our obligations under these General Terms and Conditions resulting from a Force Majeure event. This is defined as events, circumstances or causes beyond our reasonable control. This includes, but is not limited to: natural disasters, fire, accidents, war, acts of terrorism, civil unrest, poor weather conditions, industrial action and the non-performance by suppliers or subcontracts (other than by companies within our group). Except in the case of a Force Majeure event, if we do not deliver within the appropriate additional period of time, you shall be entitled to terminate the Contract.
You have the right to immediately terminate the Contract when delivery within the initially agreed delivery period or on a specified date was essential taking into account all the circumstances surrounding the conclusion of the Contract. Upon termination of the Contract, we will reimburse, without undue delay, any amount paid under the Contract.
The ownership and/or the risk of loss or damage will be transferred to you upon delivery of the Products to the carrier, if you choose the carrier who will be in charge of the transportation of the Products and if we did not offer transportation services for the said Product, without prejudice to any rights you might have against the carrier.
Without prejudice to our rights against the carrier, the ownership and/or the risk of loss or damage to the Products is transferred to you when you, or a third party indicated by you and other than the carrier, has acquired physical possession of the Products.
You shall thoroughly inspect the Product(s) upon arrival and notify us within 48hours or even refuse the package if it appears to have been opened or if it presents obvious traces of deterioration.
50five reserves the right to prevent orders from billing and shipping addresses in countries that do not match the website where the order is placed.
If you are a consumer, you have a period of 55 days following delivery to withdraw from our sales contract, without giving any reason, and without incurring any fee or cost except the cost of returning the Product(s) that you have to bear personally. We will reimburse any payment received from you for the Product(s) purchased as well as delivery charges for the least expensive type of delivery offered by us no later than 14 days after we received the communication of your withdrawal. We may withhold the reimbursement until we receive the returned Product(s) or until you provide us with a proof that you have returned the Product(s).
The withdrawal period shall expire 55 days after the day when you, or a third party indicated by you who is not the carrier, has acquired physical possession of the Product(s). In the case of a single order but separate deliveries, the withdrawal period shall expire 55 days after the day when you took physical possession of the last Product.
Concerning the delivery of a Product composed of multiple pieces, the period expires 14 days after the day when you took physical possession of the last piece of the Product.
The aformentioned withdrawal period for products does not apply to the purchase of products within specific product groups. In these cases, a 14 days withdrawal period applies. The product groups with this different withdrawal period are :
50five reserves the rights to add or remove products from these categories at all times.
For Service(s), including digital content not supplied in a tangible medium, the withdrawal period shall expire 14 days after the day of the conclusion of the contract.
For Services for which execution has begun, at your express prior request and before the expiration of the withdrawal period, you shall pay us an amount proportional to the services provided until you notify us your decision to withdraw.
You cannot exercise your right of withdrawal for:
• the supply of Services after the Service was fully performed if the performance began with your express prior consent before the expiry of the withdrawal period, and if you did acknowledge that you forfeited your right of withdrawal once the contract was fully executed;
You may use this electronic form to submit your decision to cancel your order or you can make another statement clearly setting out your decision to withdraw from our sales contract. To cancel your order by phone, please call 0330 777 27 55. To cancel your order by mail, please send a letter to: 50five B.V.; Luchthavenweg 55c; 5657EA Eindhoven; The Netherlands.
We are committed to provide you with the best customer journey and experience. If you do not find the needed information or advice in our FAQ, you can call us during office hours on +44 (0)33077727 55 or send us an email to [email protected]
You benefit from a warranty for any defect existing at the time of the Product delivery, if you were not or could not be expected to be aware of the defect at the time of the delivery and if the defect appears within the warranty period (see below).
If you are a consumer, the warranty period shall be of 24 months starting after you, or a third party acting on your behalf, take physical possession of the Product that you have ordered. For some Products, the warranty period could be longer and will be mentioned on the Product Page and your order quotation.
If you are a professional, the warranty period shall be of 12 months, unless otherwise provided for specific Product(s), starting from the transfer of risks.
In the case of a defect which becomes apparent within the warranty period, you will be entitled to have the Product repaired or replaced free of charge or to have an appropriate reduction of the price or to have the contract rescinded with regard to the Product, according to the conditions in the applicable law. If you require us to repair or to replace the Product, such a remedy should be deemed proportionate, taking into account an alternative remedy that could be implemented without significant inconvenience to you. If appropriate, we will take into consideration the wear resulting from your use of the Product since the delivery.
You shall notify us of the existence of a defect within 2 months after the day when you discover the defect.
If you return the Product in accordance with this 12/24 months warranty, we will refund the costs of return to you but not the delivery costs of your initial purchase. We will send you the repaired or replaced Product free of charge.
We can never be held responsible for any damage resulting from the duration of the repair or resulting from the replacement of the Product(s).
Important: your device may contain (your) personal data which was stored when using the product. Before returning a product we strongly advise you to delete any personal data from the device and we invite you to read the explanation below for more information of the necessity to do so. If you need assistance please contact us here. In order to return a device to 50five, you will be asked to confirm the following statement:
I declare that the hereby returned device(s) do not contain personal data. I am aware that any personal data mistakenly left on a device will in no case be processed by 50five but as a result also can and will not be treated and protected within the context of the General data protection regulation (GDPR, EU 2016/679).
Explanation 50five will not purposefully process any data left on a returned device and has no legal basis under article 6 of the GDPR (EU 2016/679) to do so. By returning a device the customer acknowledges his or her own responsibility in this regard. 50five commits itself to inform the customer sufficiently on the necessity of, and practical measures to, deleting personal data. As such, by default 50 five will regard any physically returned device to be clean from personal data and can and will not perform a check to verify this. Therefore, personal data unexpectedly left on a device does not fall within the scope of 50five's responsibilities as data controller or processor within the GDPR context. Be advised that this also means that despite the strict general security measures regarding our (returned) stock and supply chain, no additional measures will be taken to ensure protection and governance of data security within the GDPR context for returned devices and 50five is not liable for any damages deriving from a personal data breach as 50five in fairness cannot assume the existence of personal data on a returned device.
We solely enter into a contract of means from order to delivery or any additional services, in all of the stages of website access.
50five will not be held responsible for any delay or failure to comply with our obligations under these General Terms and Conditions if it arises from a Force Majeure event. This provision does not affect your right to have the Product(s) and/or Service(s) sent to you within a reasonable period of time.
Our liability shall be limited to foreseeable damage and shall not include any business loss (including loss of anticipated savings, data or digital content) or any indirect or consequential damage. Any further liability shall be excluded.
We will not be held responsible for any inconvenience or damage resulting from the use of the internet, such as services rupture, presence of informatics viruses or external intrusion.
Under no circumstances shall our liability for any Products and/or Services purchased by you exceed the actual amounts paid for those Products and/or Services.
Any damage arising from your negligence or improper use or treatment, improper installation, or the use of unsuitable accessories shall be excluded.
The laws of some countries may not allow some of the limitations or exclusions described above. If you are a customer and these laws apply to you, limitations or exclusions concerned may not apply to you and you may have additional rights or warranties.
All content on this website, such as text, graphic elements, logos, icons, images, videos and digital downloads are a property of 50five or its content suppliers and are protected by Dutch- or international copyright law, authors’ rights or database rights.
The graphic elements, logos, icons and names on this website are trademarks of 50five and cannot be used. Other trademarks that are not a property of 50five are trademarks of their respective owners and cannot be used.
Unless given preliminary written consent, in any way whatsoever you are not allowed to reproduce, adjust, translate, transform or transmit the content of this website to another website.
Most of the time, the Product(s) are designed to be installed by yourself.
In any case where there is a need for a technical installation of the Product, it will be mentioned in the Product Page.
The installation can be performed by:
• The consumer;
• An installer recommended by the manufacturer or producer;
• Any other installer chosen by you.
The installer is responsible for the quality of the technical installation. We are not a party to the relationship between you and the installer and therefore we are not liable if you and/or the installer do not comply with the Technical Specifications of the Product and/or with the rules applicable for the installation such as the rules of art, as well as any occurrence of direct or indirect damage to you, to third parties and/or to their property, goods and/or assets whatsoever, except where the technical installation is performed by a 50five installer.
If you believe that your rights are being infringed or that we failed to comply with our obligations under these General Terms and Conditions or if you have any concerns about your customer experience on this website, you may fill out and submit your complaint via the dedicated form and we will get back to you as soon as possible.
These terms and conditions are governed by Dutch law and drafted in accordance with Dutch law.
Both Parties accept to submit to the non-exclusive jurisdiction of the court of Eindhoven in the Netherlands , but you may also submit a claim to enforce a consumer protection law in the EU country where you live.
If any of these conditions be void, invalid or unenforceable, that condition shall be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining conditions.