General conditions

Introduction

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

Definitions

Sixty Fruits Foundation, acts under the names "Sixty Fruits" and "Rob Parry Originals" collectively referred to in these General Terms and Conditions as "Sixty Fruits". 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 course of a profession or business, who enters into an Agreement with Sixty Fruits and/or has registered on the Website.
Agreement: any arrangement or agreement between Sixty Fruits and Customer, of which agreement the General Terms and Conditions form an integral part.

Applicability of General Terms and Conditions

All offers, agreements and deliveries of Sixty Fruits are subject to the General Terms and Conditions, unless expressly agreed otherwise in writing.
If the Customer, in his order, confirmation or communication containing acceptance, includes terms or conditions that deviate from the General Terms and Conditions, these shall 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 are inclusive of VAT.
If shipping costs are charged, this will be stated clearly, in a timely manner prior to the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
The content of the Website has been compiled with the utmost 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 (color) deviations due to screen quality.
If there is a^2nd hand product that we restore, these are "margin items" and are subject to the margin scheme. With margin articles, no VAT is mentioned on the invoice. VAT is therefore not deductible.

Formation of Agreement

The Agreement is concluded at the moment of acceptance by the Customer of Sixty Fruits ' offer and fulfilment of the conditions thereby stipulated by Sixty Fruits .
If it appears that incorrect data were provided by the Customer when accepting or otherwise entering into the Agreement, Sixty Fruits has the right to fulfill its obligation only after the correct data have been received.

Implementation Agreement

Once the order has been received by Sixty Fruits , Sixty Fruits shall send the products, subject to the provisions of paragraph 3 of this Article, as soon as possible.
Sixty Fruits is entitled to engage third parties in the performance of its obligations under the Agreement.
The Website clearly describes, in good time before the conclusion of the Agreement, the manner in which delivery will take place and the period within which the products will be delivered.
Sixty Fruits advises the Customer to inspect the products delivered and report any defects found within 5 days, preferably in writing or by e-mail. See further the Article on guarantee and conformity.
Once the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, passes to Customer.
Sixty Fruits is entitled to supply a product of similar quality as the product ordered, if the product ordered is no longer available. The Customer is then entitled to dissolve the agreement free of charge and return the product free of charge.

Right of withdrawal/return

This article only applies if Customer is a natural person not acting in the exercise of his profession or business. Business Customers are therefore not entitled to a right of withdrawal.
The right of withdrawal must be notified in writing or electronically within 14 days of receipt of delivery.
Only the direct costs for the return shipment shall be borne by Customer. Customer must therefore bear the return costs himself.
Products can be returned to:
Sixty Fruits
Vlamoven 41
6826 TM Arnhem
All amounts paid (in advance) by Customer will be refunded to Customer as soon as possible, but at the latest within 30 days after dissolution of the Agreement.
On the Website, information on whether or not the right of withdrawal is applicable and any desired procedure is clearly stated in good time before the conclusion of the Agreement.
The right of withdrawal does not apply to:
1. Products created by the entrepreneur in accordance with consumer specifications and products that have been specially reordered for the customer
2. Products that are clearly personal in nature;
3. Products that by their nature cannot be returned;
4. Products purchased in the physical sales area;
5. Products damaged by customers

Cancellation order

Sixty Fruits is committed to the successful execution of the Agreement. We make every effort to satisfy the customer. To avoid difficult discussions afterwards, rules of the game are useful.

A purchase in our physical store is a binding agreement at all times.
Items can be exchanged within 14 days, with the exception of custom work and tiles.
If the buyer cancels, he will owe compensation. This compensation is 30% of the sale price. If the delivery date is final, this percentage is 50%. Cancellation is not possible:
1. On offers or other types of discount promotions.
2. For customization.

Reclamation

The buyer must examine the goods delivered by Sixty Fruits or have them examined immediately at the time the goods are made available to him, whereby it must be established whether the quality and/or quantity correspond with what was agreed. If the buyer nevertheless observes a shortcoming or point for improvement, this must be reported within 7 days of delivery at the latest.

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 to a Customer not acting in the course of his profession or business. If a separate guarantee is given on the products by Sixty Fruits , without prejudice to the provisions just stated, this applies to all types of Customers.
Sixty Fruits guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement
A warranty provided by Sixty Fruits, manufacturer or importer does not affect the legal rights and claims the Customer already has and can invoke under the Agreement.
If the delivered product does not comply with the Agreement, the Customer must notify Sixty Fruits of the defect within a reasonable term after he has discovered it.
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 that reason, a 6-month guarantee 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 "alive". Also, the customer cannot claim damages on the inside of the furniture or on the back of the furniture.
Warranty on (used) cabinets used as bathroom furniture. If Sixty Fruits has supplied the cabinet with Top Oil, then the cabinet has been made water repellent (i.e. this is not water resistant). After every 6 months, the customer will need to apply a new coat of Top Oil to maintain its water-repellent character. Standing water on tops should be avoided. Bathrooms should be well ventilated. Warranty on wood countertops used in bathrooms is 6 months, warranty applies to loosening of veneer. Warranty does not apply to water rings and stains that develop in the countertop. The "normal" loosening of veneer on countertops -not caused by bumping/inking- occurs in 1 out of 100 cases. If repair of this is possible -in the judgment of Sixty Fruits then of course we will repair it. If repair is not possible, the client may choose to: rescind the agreement, or a worktop from the Sixty Fruits assortment may be chosen, making the top water-resistant. In addition, a six-month warranty applies to proper opening and closing of doors and drawers.
Warranty on Rob Parry Original products (armchairs, footstools)

The manufacturer's warranty for this is 2 years. Warranty applies to manufacturing defects. Furthermore, the warranty applies to (mechanical) defects that occur during normal use, this in fairness. Should your Rob Parry product have a (mechanical) defect outside of warranty, we will try to help you as much as possible for the lowest possible cost. For warranty on furniture cushion made from Kvadrat fabrics, there is a 10-year warranty. For the exact warranty provisions for kvadrat fabrics, please refer to www.Kvadrat.dk.

For all warranty and conformity claims, the Customer must transport or arrange for the transport of the product to Sixty Fruits at his own risk and expense.
If Sixty Fruits considers the complaint justified, the relevant products shall be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, subject to the article on liability, is equal to the price paid by the Customer for the product.

Complaint Procedure

If the Customer has a complaint about a product (in accordance with Article on guarantee 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 General Terms and Conditions.
Sixty Fruits shall respond to the Customer's complaint as soon as possible, but in any case within 7 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Sixty Fruits ruits shall confirm within 7 days of receipt of the complaint and give an indication of the term within which it expects to provide a substantive or definitive response to the Customer's complaint.

Liability

This Article applies only if Customer who is a natural person or legal entity acting in the exercise of his profession or business.
Sixty Fruits ' total liability to the Customer on account of attributable failure in the performance of the Agreement shall be limited to compensation of no more than the amount of the price stipulated for that Agreement (including VAT).
Sixty Fruits ' liability towards the Customer for indirect damage, in any case -but explicitly not exclusively- including consequential damage, loss of profit, missed savings, loss of data and damage due to business stagnation, is excluded.
Outside of the cases referred to in the previous two paragraphs of this Article, Sixty Fruits shall not be liable for any compensation towards the Customer, regardless of the ground on which an action for compensation would be based. However, the limitations referred to in Article lapse if and insofar as damage is the result of intent or gross negligence on the part of Sixty Fruits.
The liability of Sixty Fruits towards the Customer due to an attributable failure in the fulfilment of an agreement shall only arise if the Customer gives Sixty Fruits immediate and proper notice of default in writing, stating a reasonable term to remedy the breach, and Sixty Fruits continues to fail in the fulfilment of its obligations even after that term. The notice of default must contain as detailed a description of the shortcoming as possible, so that Sixty Fruits is able to respond adequately.
A condition for the occurrence of any right to compensation is always that the Customer reports the damage to Sixty Fruits in writing as soon as possible, but at the latest within 30 days, after its occurrence.
In the event of force majeure, Sixty Fruits is not obliged to compensate any damage caused to the Customer as a result.

Final Provisions

The Agreement is governed by Dutch law.
Unless otherwise prescribed by rules of mandatory law, all disputes that may arise as a result of the Agreement shall be submitted to the competent Dutch court in the district where Sixty Fruits has its registered office.
If any provision of these General Terms and Conditions proves to be invalid, this shall not affect the validity of the General Terms and Conditions as a whole. In that case, the parties will adopt (a) new provision(s) to replace it(them), which as far as is legally possible reflects the intention of the original provision.
In these General Conditions, "in writing" also means 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 Terms and Conditions, please feel free to contact us in writing or by e-mail.

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

Chamber of Commerce number: 61689025
Located: Address: Vlamoven 41, 6826 TM, Arnhem.
Websites: sixtyfruits.nl and robparryoriginals.nl
Email addresses: sixtyfruits.nl robparryoriginals.nl
Phone number: 085 06 08 456
VAT No. 854446849B01