Terms and Conditions Sixty Fruits Foundation

Introduction

Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Websites and contain important information for you as a buyer. Please read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

Definitions

Stichting Sixty Fruits, trades under the names “Sixty Fruits” and “Rob Parry Originals” which are collectively referred to as “Sixty Fruits” in these general terms and conditions. Our company details can be found at the bottom of these General Terms and Conditions.
Customer: the natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an Agreement with Sixty Fruits and/or has registered on the Website.
Agreement: any agreement or agreement between Sixty Fruits and the Customer, of which agreement the General Terms and Conditions form an integral part.

Applicability General Conditions

The General Terms and Conditions apply to all offers, agreements and deliveries of Sixty Fruits, unless expressly agreed otherwise in writing.
If the Client includes provisions or conditions that deviate from the General Terms and Conditions in its order, confirmation or notification of acceptance, these will only be binding on Sixty Fruits if they have been expressly accepted by Sixty Fruits in writing.

Prices and information

All prices stated on the Website and in other materials originating from Sixty Fruits include VAT.
If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be shown separately in the ordering process.
The content of the Website has been compiled with the greatest care. However, Sixty Fruits cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Sixty Fruits are therefore subject to errors.
Sixty Fruits cannot be held responsible for (colour) deviations as a result of screen quality.
If it concerns ^a second-hand product that we restore, these are “margin items” and fall under the margin scheme. For margin items, no VAT is stated on the invoice. VAT is therefore not deductible.

Conclusion of Agreement

The Agreement is concluded at the time of acceptance by the Customer of Sixty Fruits’ offer and compliance with the conditions set by Sixty Fruits.
If it appears that when accepting or otherwise entering into the Agreement, the Customer has provided incorrect information, Sixty Fruits has the right to fulfill its obligation only after the correct information has been received.

Execution Agreement

As soon as the order has been received by Sixty Fruits, Sixty Fruits will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
Sixty Fruits is entitled to engage third parties for the performance of the obligations arising from the Agreement.
On the Website it is clearly described, in good time before the conclusion of the Agreement, how delivery will take place and within what period the products will be delivered.
Sixty Fruits advises the Customer to inspect the delivered products and to report any defects found within 5 days, preferably in writing or by e-mail. See the Article on warranty and conformity for more details.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer.
Sixty Fruits is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The customer is then entitled to dissolve the agreement free of charge and to return the product free of charge.

Right of withdrawal/return

This article only applies if the Customer is a natural person who is not acting in the exercise of his profession or business. Business Customers therefore do not have a right of withdrawal.
The right of withdrawal must be reported in writing or electronically within 14 days of receipt of delivery.
Only the direct costs for the return shipment are for the account of the Customer. The customer must therefore bear the return costs himself.
Products can be returned to:

Sixty Fruits

Vlamoven 41, 6826 TM Arnhem

Amounts already paid (in advance) by the Customer will be repaid to the Customer as soon as possible, but at the latest within 30 days after dissolution of the Agreement.
Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in good time before the Agreement is concluded.
The right of withdrawal does not apply to:

Products that have been created by the entrepreneur in accordance with the specifications of the consumer and products that have been ordered especially for the customer
Products that are clearly personal in nature;
Products that cannot be returned due to their nature;
Products purchased in the physical sales area;
Products damaged by customers

Payment

The Customer must make payments to Sixty Fruits in accordance with the payment methods indicated in the order procedure and, if applicable, on the Website. Sixty Fruits is free in its choice of payment methods and these may also change from time to time.

Warranty and Conformity

This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Sixty Fruits gives a separate guarantee on the products, this applies to all types of Customers, without prejudice to the just stated.
Sixty Fruits 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.
A guarantee provided by Sixty Fruits, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
If the delivered product does not comply with the Agreement, the Customer must inform Sixty Fruits of this within a reasonable period of time after discovering the defect.
Warranty on second-hand restored furniture, not being furniture for use in wet areas . The customer may assume that Sixty Fruits restores second-hand restored furniture properly. For this reason, a guarantee of 6 months applies to the proper opening and closing of doors and drawers. No guarantee is given on damage to veneer, discoloration of wood, because wood is a natural product and “lives”. The customer can also not invoke damage to the inside of the furniture or to the back of the furniture.
Warranty on (second-hand) cabinets that are used as bathroom furniture . If Sixty Fruits has supplied the furniture with Top Oil, then the furniture has been made water-repellent (this is not water-resistant). After every 6 months, the customer will have to apply a new layer of top oil to maintain the water-repellent character. Standing water on tops should be avoided. Bathrooms should be well ventilated. Warranty on wood tops that are used in bathrooms is 6 months, warranty applies to the peeling of veneer. Warranty does not apply to water rings and stains that appear in the top. The “normal” peeling of veneer on tops – not caused by bumps / notches – occurs in 1 in 100 cases. If repair is possible – in the opinion of Sixty Fruits – we will of course repair it. If repair is not possible, the client may opt for: dissolution of the agreement, or have us apply a standard white HIMACS top sheet free of charge, making the top sheet water resistant.
Warranty on Rob Parry Original products (armchairs, footstools)

The factory warranty for this is 2 years. Warranty applies to production errors. Furthermore, the warranty applies to (mechanical) defects that arise during normal use, within reason. If your Rob Parry product shows a (mechanical) defect outside the warranty, we will try to help you as much as possible for the lowest possible costs. The guarantee on furniture cushions made from Kvadrat fabrics is covered by a 10-year guarantee. For the exact warranty conditions for kvadrat fabrics, please refer to www.Kvadrat.dk

For all claims under warranty and conformity, the Customer must transport the product or have it transported to Sixty Fruits at its own risk and expense.
If Sixty Fruits considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. With due observance of the article on liability, the maximum compensation is equal to the price paid by the Customer for the product.

Complaints procedure

If the Customer has a complaint about a product (in accordance with Article on warranty and conformity) and/or about other aspects of Sixty Fruits’ services, he can submit a complaint to Sixty Fruits by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
Sixty Fruits will provide the Customer with a response to his complaint as soon as possible, but in any event within 7 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Sixty Fruits will confirm receipt of the complaint within 7 days of receipt and indicate the period within which it expects to provide a substantive or final response to the Customer’s complaint. .

Liability

This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
The total liability of Sixty Fruits towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to compensation not exceeding the amount of the price stipulated for that Agreement (including VAT).
Sixty Fruits’ liability towards the Customer for indirect damage, including in any case – but expressly not limited to – consequential damage, loss of profit, lost savings, loss of data and damage due to business interruption, is excluded.
Apart from the cases referred to in the previous two paragraphs of this Article, Sixty Fruits has no liability towards the Customer for compensation, regardless of the ground on which an action for compensation would be based. However, the restrictions referred to in Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Sixty Fruits.
Sixty Fruits’ liability towards the Customer due to an attributable shortcoming in the fulfillment of an agreement only arises if the Customer gives Sixty Fruits immediate and proper notice of default in writing, thereby setting a reasonable term to remedy the shortcoming, and Sixty Fruits also informs Sixty Fruits after that term. continues to fail to fulfill its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that Sixty Fruits is able to respond adequately.
A condition for the existence of any right to compensation is always that the Customer reports the damage to Sixty Fruits in writing as soon as possible, but no later than 30 days after it has arisen.
In the event of force majeure, Sixty Fruits is not obliged to pay compensation for any damage caused to the Customer as a result.

Final Provisions

Dutch law applies to the Agreement.
Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Sixty Fruits is located.
If any provision in these Terms and Conditions is found to be invalid, this will not affect the validity of the entire Terms and Conditions. In that case, the parties will determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as legally possible.
In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.

Sixty Fruits Foundation, trading under the names “Sixty Fruits” and “Rob Parry Originals”.