Terms and Conditions
GENERAL TERMS AND CONDITIONS OF Fiftyfiftygear.co and Fiftyfiftygear.nl and Fiftyfiftygear
Fiftyfifty gear is a private company with limited liability, having its registered office in Anna Paulowna, The Netherlands, listed in the Trade Register of the Chamber of Commerce under number 83358706 Fiftyfiftygear operates on the small business and wholesale market in fashion accessoiries, sunglasses, fashion, lifestyle products that make you look kickass. and the import and export of such items.
1. Definitions
1.1. In these General Terms and Conditions of Delivery, capitalised words and phrases shall have the meaning set out below:
a. Fiftyfiftygear the private company Fiftyfiftygear, user of these General Terms and Conditions of Delivery;
b. Consumer: a natural person not acting in a professional or commercial capacity;
c. Day: a calendar day;
d. Electronic Product: a product that operates using electronic flows and/or electromagnetic fields;
e. General Terms and Conditions of Delivery: these general terms and conditions for the sale and delivery of Products and services to Consumers;
f. Precision Engineering Product: a precision produced engineering products whether or not with measurement and/or control mechanisms and/or operating using electronic flows and/or electromagnetic fields;
g. Product: any product offered for sale, sold or delivered by Fiftyfiftygear, including an fashion, sunglasses, Electronic Product and/or a Precision Engineering Product;
h. Sealing: transparent plastic and/or synthetic protective covering and/or packaging;
i. Terms of Use: the terms that are applicable to accessing and using the Website, as published on the Website; and
j. Website: www.fiftyfiftygear.co and fiftyfiftygear.nl and all related social media platforms as instagram, facebook twitter, youtube, tiktok etc. operated by fiftyfiftygear, on which it is possible to communicate electronically with Fiftyfiftygear and view Products and Product Data, purchase Products, and view order information.
2. Communication
2.1. All communication between Fiftyfiftygear and the Consumer will preferably take place online, whereby the Consumer will be able to use the support email system clearly described on the Website, or by e-mail: info@fiftyfiftygear.co
3. Scope
3.1. These General Terms and Conditions of Delivery apply to each offer and each quotation and/or communication of Fiftyfiftygear and every remote agreement concluded between Fiftyfiftygear and the Consumer.
3.2. Before a (remote) agreement is concluded, the text of these General Terms and Conditions of Delivery is made available to the Consumer in a way that enables him to view, print and easily save them. If this is not reasonably possible, Fiftyfiftygear will, before the remote agreement is concluded, either state where the Consumer may find and inspect the General Terms and Conditions of Delivery electronically, and print, download and save them, or send a copy of these General Terms and Conditions of Delivery either electronically or in another form to the Consumer free of charge.
3.3. Any derogations from and additions to these General Terms and Conditions of Delivery are valid if agreed in writing between the parties only.
3.4. If any provision of these General Terms and Conditions of Delivery is void or voided, the other provisions of these General Terms and Conditions of Delivery remain in full force and effect. In that case Fiftyfiftygear and the Consumer will consult on new provisions to replace the invalid or voided provisions.
3.5. In addition to the rights the Consumer may have under these General Terms and Conditions of Delivery, the mandatory rights and remedies under the applicable consumer protection laws will be fully applicable. The Consumer's statutory warranty will not be affected by any manufacturer's guaranty.
4. Offering Products
4.1. Any offer, proposal, quotation and/or communication from Fiftyfiftygear is without obligation and only valid for as long as stocks last.
4.2. All Products offered by Fiftyfiftygear are clearly described, stating the product description or number and, if available, the factory and model-specific data, to allow an assessment of their suitability and/or comparison with and/or replacement of another product and/or of any part of a composite product.
4.3. Fiftyfiftygear devotes the greatest possible care to the information on its Website. All images of Products are as true to the Products offered as possible. However, Fiftyfiftygear cannot guarantee the accuracy of the information and images.
4.4. All dimensions, data, images, catalogues, price lists, websites, quotations, standards and/or standardisation sheets provided and/or published by Fiftyfiftygear U are always approximate, unless expressly stated otherwise.
4.5. Minor deviations in the delivered Products that are technically unavoidable or which are considered generally accepted in the course of trade may occur.
4.6. Based on the data provided by a Consumer upon registration or given at chechout, on the Website, Fiftyfiftygear will provide clear information about the price of the Product and the taxes applicable within the EU, the costs of delivery, and the manner in which the Consumer will be able, before concluding an agreement, to verify the data provided by him in the context of the agreement and, if necessary, to correct and/or supplement this data. All prices are quoted in Euro, unless otherwise stated.
5. The agreement
5.1. Subject to the provisions of Clause 5.4, all agreements will be concluded upon acceptance of the offer by the Consumer and fulfilling the applicable conditions; all offers of Fiftyfiftygear are subject to availability. If a Product ordered by the Consumer is no longer available, Fiftyfiftygear reserves the right to cancel the order, in which event Fiftyfiftygear will immediately refund any payment made by the Consumer. only a refund will be caried out, no extra costs or claims are accepted.
5.2. If the Consumer has accepted the offer electronically, Fiftyfiftygear will confirm receipt of acceptance as soon as practically possible, of the offer by electronic means. The Consumer may terminate the agreement for as long as Fiftyfiftygear has not confirmed receipt of this acceptance.
5.3. Fiftyfiftygear reserves the right, subject to the restrictions of the law, to verify the creditworthiness of the Consumer and all facts and factors that may be material in connection with responsibly concluding (remote) agreements. If, further to such verification, Fiftyfiftygear has good grounds to decide against concluding the agreement, Fiftyfiftygear may reject the order or request, stating reasons, or attach special conditions to executing the order.
6. Delivery periods
6.1. The delivery periods stated by Fiftyfiftygear are determined on the basis of the information known at the time when the order is placed. The stated delivery periods are always considered target dates and depend among other things on the stock of Fiftyfiftygear suppliers. Delivery periods will never be strict deadlines.
We do our utmost best to deliver all orders as soon as practically possible, delays caused by shipping company's, opening hours, hollidays, sundays, etc cant be hol accountable to Fiftyfiftygear account.
6.2. The Consumer will be notified within 45 days of placing the order if it is not possible to fulfil the order, or part thereof, within 45 days, in which case he will be entitled to cancel the order free of charge. In that case,Fiftyfiftygear will refund the amount paid by the Consumer as soon as possible but no later than 14 days after cancellation.
7. Delivery, accepting delivery, change of delivery address
7.1. The place of delivery is the address that the Consumer has stated to Fiftyfiftygear and that is specified on the order confirmation. The risk of damage and/or loss of Products rests with Fiftyfiftygear until the moment of delivery to the Consumer or to a representative designated in advance and communicated to Fiftyfiftygear.
7.2. The Consumer is obliged to accept delivery of the ordered Products upon delivery by the carrier at the delivery address. If the Consumer refuses to accept delivery of the ordered Products and/or otherwise frustrates the delivery and/or does not sign for receipt, the order will be returned by the carrier to Fiftyfiftygear and the costs of returning and storing the goods, payment on delivery and the customary compensation of the transport and ordering services of the carrier engaged by Fiftyfiftygear will be payable by the Consumer. Fiftyfiftygear may set off these costs against any payments made by the Consumer to Fiftyfiftygear for the order.
7.3. The delivery address specified in the order may only be changed with Fiftyfiftygear prior consent. A request for a change of address must be submitted to Fiftyfiftygear via the Website or email in reasonable time between placing order and shipment. once an order is shipped we can not change the delivery address.
7.4. Upon receipt of a request for a change of address as referred to in Clause 7.3 above, Fiftyfiftygear will notify the Consumer whether the request can be granted. Fiftyfiftygear may make granting the request subject to additional conditions, in view of the transport risk or risk of loss of and/or damage to the Products to be transported, and as regards the full payment of the purchase price of the order and any related other orders, as well as additional transit or transport costs.
7.5. The Consumer is not permitted to notify the carrier of a change in the delivery address as specified in the order directly without the involvement of and without consulting Fiftyfiftygear. Fiftyfiftygear will, in that event, not be responsible for a correct delivery, and the risk of loss of and/or damage to the ordered Products will pass to the Consumer; Fiftyfiftygear will in no event be liable for any damage howsoever named as a result of a change in the delivery address.
8. Conformity
8.1. Fiftyfiftygear will endeavour to ensure that the offered Products comply with the agreement and the specifications stated in the offer and on the website and webshop, as well as with the reasonable requirements of soundness and/or suitability, subject to the technical standards of sustainability and safety and environmental standards to be reasonably imposed on the Products, depending on the year and time of production of the Products. Fiftyfiftygear expressly does not warrant the suitability of the offered Products for a purpose other than normal use, or for any special use intended by the Consumer, unless Fiftyfiftygear and the Consumer have unconditionally agreed such special use in writing.
8.2 Fiftyfiftygear guarantees all of its products against manufacturer's defects for a period of 12 months from the date you received it. We will replace any defective or malfunctioning product at no charge to the customer. and strive for 100% satisfied customer expierience. This warranty does not cover normal wear and tear, including but not limited to: scratched lenses, accidental damage, loss or theft of product, or misuse as determined by Fiftyfiftygear. For all warranties contact us per email,
9. Right of withdrawal
9.1. The Consumer may withdraw (cancel) the agreement for the purchase of a Product or Products, without stating reasons, within a fourteen-day reflection period.
9.2. The reflection period commences the day after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the Product, or, if the Consumer has ordered several items in one and the same order that are supplied separately, the day after the day on which the Consumer or a third party designated by the Consumer has received the last Product.
9.3. Fiftyfiftygear may refuse an order for multiple Products with different delivery times, provided it has clearly informed the Consumer of this possibility prior to the ordering process.
9.4. During the reflection period the Consumer must treat the Product with due care and may only open the packaging and/or Sealing to the extent necessary to be able to test the Product and to decide whether the Consumer wishes to keep the Product. The Product may not be assembled or installed in or on any other product or combined product or connected to an electricity net, unless this is necessary to test the Product.
9.5. Due to the nature of the Products, including parts with accessories, Electronic Products and Precision Engineering Products, these Products will be protectively sealed in the factory or by Fiftyfiftygear to protect them against harmful impacts caused by atmospheric conditions, induction charges, or other harmful external effects. If the Consumer wishes to revoke an agreement, he or she may not remove or break the Sealing during the reflection period, unless this is necessary to test the operation of the Product during the reflection period. In that case, the Product may not be used beyond what is reasonably necessary for testing.
9.6. If the Consumer exercises his or her right of withdrawal, he/she must return the Products, together with all delivered accessories, in their original condition, without damage and/or assembly traces and – if reasonably possible – with the Sealing unbroken and/or not removed, in the original packaging. The Consumer is required to follow the instructions clearly indicated by Fiftyfiftygear on the Website under "Return and Exchange Policy".
9.7. The risk and burden of proof regarding the correct and timely exercise of the right of withdrawal rests with the Consumer.
9.8. The costs of returning the Products are payable by the Consumer. Fiftyfiftygear will refund the purchase amount paid by the Consumer, including the original shipping costs (if there are any), to the Consumer within 14 days after the Products are returned to Fiftyfiftygear, or after the Consumer has demonstrated that he has returned the Products, depending on which is earlier. Reimbursement will take place using the same payment method used by the Consumer to buy the Product, unless the Consumer consents to another method.
9.9. Fiftyfiftygear may exclude the following Products from the right of withdrawal, provided Fiftyfiftygear has clearly stated this in the offer, or before the agreement is concluded at least:
a. Products manufactured on the Consumer's specifications, which are not prefabricated, and which are manufactured on the basis of an individual choice or decision of the Consumer, and/or which are clearly intended for a specific person.
10. Complaints procedure
10.1. Complaints must be submitted to Fiftyfiftygear, together with a full and clear description, within a reasonable period of time after the Consumer has discovered something that gives rise to a complaint. The complaint may be submitted using the email system Complaints will be processed within 48 hours of receipt; Fiftyfiftygear endeavours to settle all complaints within 14 days of receipt. If it is foreseeable that a complaint will require more time to settle, Fiftyfiftygear will notify the Customer of this within 14 days, giving an indication when the Consumer may expect a more detailed answer.
11. Payment and retention of title
11.1. Unless prepayment is agreed on with the Consumer, and to the extent that the parties have not agreed a different arrangement, all amounts owed by the Consumer are payable within the payment term stated in the offer and on the invoice.
11.2. In the event of late payment Fiftyfiftygear reserves the right to refer its claim against the Consumer for collection, in which event the collection costs will be payable by the Consumer in accordance with the Dutch Extrajudicial Collection Costs (Standards) Act.
11.3. All Products delivered under an agreement remain the property of Fiftyfiftygear until the Consumer has fully paid everything he or she owes Fiftyfiftygear under the purchase agreement. If Fiftyfiftygear is forced to invoke its retention of title, the Consumer is obliged to fully cooperate with Fiftyfiftygear to enable Fiftyfiftygear to recover the goods in question. in good (like sent) order
12. Liability
12.1. To the extent permitted under mandatory consumer protection law, the only remedy a Consumer has in respect of a defective Product is limited to replacing or repairing that Product free of charge or termination of the agreement
12.2. To the extent permitted under mandatory consumer protection law, Fiftyfiftygear will in no event be liable for direct and indirect or consequential damage suffered by the Consumer, including but not limited to missed opportunities, loss, loss of data, third-party damage, relating to or arising from the agreement or the Consumer's use of the Products supplied by Fiftyfiftygear, personal damage,
12.3. To the extent permitted under mandatory (consumer protection) law, Fiftyfiftygear's liability for damage caused to the Consumer for any reason whatsoever, in all cases for each separate event (whereby a series of related events is considered a single event) will be limited to the invoiced amount actually paid by the Consumer to Fiftyfiftygear for the relevant Product under the agreement, including shipping costs, and in any event to what an insurer pays out in the event concerned, plus Fiftyfiftygears deductible.
12.4. Nothing in the agreement concluded between Fiftyfiftygear and the Consumer or in these General Terms and Conditions of Delivery excludes or limits Fiftyfiftygear liability if it is the result of:
a. fraud, wilful misconduct or deliberate recklessness; and/or
b. liability for damage to persons or goods based on product liability within the meaning of Article 6:185 et seq. of the Dutch Civil Code, subject to the applicable standards with regard to (the characteristics of) obsolete Products and the time of production.
13. Force majeure
13.1. In addition to Article 6:75 of the Dutch Civil Code, if and in so far as an event of force majeure occurs, Fiftyfiftygear cannot be required to perform its obligations towards the Consumer and/or Fiftyfiftygear will be entitled to suspend its obligations for the duration of the event of force majeure.
13.2. In addition to Article 6:75 of the Dutch Civil Code, an event of force majeure is understood to mean all external causes as a result of which Fiftyfiftygear is unable to perform its obligations under the (remote) agreement. This includes but is not limited to, strikes at third parties and/or at Fiftyfiftygear suppliers; disruption of the Internet or telecommunication facilities; and/or stagnation in the supply at suppliers or other third parties engaged, and causes caused by government measures.
13.3. If an event of force majeure continues for more than 90 days, both parties may terminate the agreement in writing, without Fiftyfiftygear being liable to pay the Consumer any damages.
14. Personal data
14.1. The processing of personal data by Fiftyfiftygear in connection with the performance of the agreement takes place in accordance with its privacy statement, carried out by jouwweb, and all relevant payment methods,
15. Terms of Use
15.1. The Terms of Use of the Fiftyfiftygear Website apply to all visitors to the Website and all social media pages of Fiftyfiftygear, including the Consumer who places an order via the Website
16. Applicable law; disputes
16.1. To the extent permitted under mandatory consumer protection law, all agreements between Fiftyfiftygear and the Consumer are governed by Dutch law. To the extent necessary, the applicability of the 1980 Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
16.2. Fiftyfiftygear points out to the Consumer the European platform for online dispute resolution. This platform may be contacted, using the free web tool, in respect of all online shopping issues. The web tool can be found on the following website:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL.
16.3. All disputes arising from these General Terms and Conditions of Delivery, the delivery of Products, and from any agreement, offer, or from agreements arising from or related thereto, will be exclusively submitted to the competent court in the district of Noord Holland, unless (i) the Consumer chooses the European platform for online dispute resolution, as referred to in Clause 16.2, to settle the dispute; or (ii) if the Consumer has decided within one month after Fiftyfiftygear has stated that it wishes to have the dispute settled by the competent court in the district of Noord Holland and Fiftyfiftygear has granted the Consumer a period of one month to state whether he/she prefers the dispute to be settled by the court designated by law, the Consumer has not exercised this right.
17. Amending the terms
17.1. All supplementary provisions and provisions deviating from these General Terms and Conditions of Delivery must be laid down in writing or in such a manner that the Consumer is able to save them in an accessible manner on a permanent data carrier.
17.2. A Dutch, French and German version has been prepared of these General Terms and Conditions of Delivery. In the event of lack of clarity or conflict,other languages of the General Terms and Conditions of Delivery can be sent thru email, english version will prevail and will at all times be decisive for the interpretation of the provisions contained in the Dutch, French and German versions.
18. Data
Fiftyfiftygear does not sell your data:
We sell sunglasses and other kickass items that make you look cool, we will not sell your personal information to third parties and will only make it available to third parties that are involved in processing your order. Our employees and third parties engaged by us are obliged to respect the confidentiality of your data.