Chapter 1 General Provisions

Article 1. Definitions

In these General Conditions the below terms are defined as follows:

Bennies Online Store (also known as The Fifties Store): the web shop of Bennies Fifties; consumer: every natural person (both members as non-members), not acting in pursuance of a profession or company, who wishes to use or uses the products and/or services of Bennies Online Store; member: a consumer who, in accordance with article 2 of these General Conditions, has applied for membership.

Article 2. Applicability

These General Conditions apply to all agreements between Bennies Online Store and the consumer in order to:

• Purchase a product at Bennies Online Store, irrespective of the way this agreement has been established.
  

These General Conditions do not apply to purchase agreements between Bennies Online Store and corporate bodies or between Bennies Online Store and natural persons acting in pursuance of a profession or company.

Article 3. Guarantee

Bennies Online Store guarantees that the product sold and/or the service provided comply with the agreement and the specifications given about the offer that resulted in the agreement.

Bennies Online Store also guarantees that the product sold has the features that, all circumstances taken into account, are necessary for normal use or can be sensibly expected.

We guarantee the acclaimed properties and the flawless functioning of the provided products for the duration of 2 up to 6 months (depending on the product) after arrival of the order at the place of destination. Determining damaged or missing products must be immediately communicated to us, at latest within 8 days after reception of goods and communicated in writing. If this is not communicated to us within these 8 days the revendication on guarantee will expire.

Article 4. Liability

Bennies Online Store assumes liability towards the consumer for damage that is caused by a fault that can be imputed to Bennies Online Store, its employees, or persons appointed by Bennies Online Store to execute operations resulting from the agreement with the consumer. Any liability in case of faults is limited to the maximum amount per damage claim which is paid out under the professional liability insurance of Bennies Online Store.

Bennies Online Store accepts no liability for faults which have arisen after delivery of the product from incompetent use or negligence, or which have arisen from changes introduced by the consumer or a third party to the product delivered. Bennies Online Store neither accepts liability for any damaged caused by these failings.

Article 5. Payment

According to the kind of agreement, Bennies Online Store accepts the following payment methods:

• Advance payment to: ABN-AMRO 42.40.85.518 stating the order number.
• Mastercard
• Visa
• Teletik Safepay (particularly for small payments www.teletik.nl)
• Rabodirect
• Bank transfer

iDeal  Postbank  ABN Amro  Rabobank   ING

Payment must be received within 14 days after order date. The consumer is considered to be in default as from the expiration of the payment date. Bennies Online Store reserves the right to annul the purchase agreement after expiration of the final payment date.

Article 6. Overdue payment

Bennies Online Store can claim interest on overdue payments as from the expiration of the payment date until the receipt of the amount due. This interest amounts to the statutory interest.

Bennies Online Store reserves the right to contract out a claim against a consumer if he or she still has not paid after several reminders. All additional collection charges are at expense of the consumer.

Article 7. Non-fulfilment

In case of fully or partly non-fulfilment of obligations, following from an agreement as mentioned in the General Conditions, by Bennies Online Store or the consumer, the opposing party is entitled to suspend the fulfilment of any obligation in exchange, insofar and insomuch this is justified by the non-fulfilment.

If Bennies Online Store or the consumer repetitively does not fulfil their obligations, following from the agreement, the opposing party is entitled to annul the agreement, unless this is not justified by the non-fulfilment given its special nature or insignificant meaning.

Article 8. Special offers en special offer periods

After the closing date of a special offer or special offer period the consumer can no longer use the special offer concerned. Bennies Online Store may decide to restrict certain offers to members, non-members or both.

Article 9. Newsletters

The consumer can subscribe on the web site, by telephone, in writing or by e-mail (klantenservice@benniesfifties.com) to the newsletter which is sent by e-mail only.

Chapter 2. Orders

Article 10. Order methods

The consumer can order personally, by telephone, in writing or by e-mail, apart from exceptions, for all products offered by Bennies Online Store, including tickets for events. The prices mentioned of these products are always including VAT and excluding shipping and administrative costs.

Article 11. Delivery

Delivery takes place personally in the shop of Bennies Fifties in Namensestraat 73 in Scheveningen, or by sending the product to the address given by the consumer.

Delivery periods for sending per post take 6 weeks at the most (pre-orders excepted). In case of exceeding of the delivery period the consumer reserves the right to claim fulfilment or to annul the agreement without proof of default or judicial intervention.

Article 12. Non-deliverable products

If a product ordered is out of stock and can not be supplied within the period as mentioned in Article 11 any payments made will be paid back as soon as possible.

Article 13. Goods return

In case the product ordered does not fulfil the expectations of the consumer or which is mentioned in Article 3 of these General Conditions, the consumer can return the product within two weeks after delivery to the address of Bennies Online Store, preferably together with a written declaration why the product is not satisfactory. Products that have been used or clothing that has been worn can not be returned. Products with open blisterpackaging can not be returned. If the payment has already been made Bennies Online Store will pay back this amount to the consumer minus shipping costs and 3% refundfee within 30 days.

In case of delivery of the wrong product, it should be returned unused and intact in unopened packing (including blister pack). Bennies Online Store will then send the right product as soon as possible, without prejudice to which is mentioned in article 11.

Chapter 3. Final provisions

Article 14. Complaints

Should the product and/or service fall short of expectations which the consumer might have or should the consumer believe Bennies Online Store has fallen short otherwise in the establishment, execution, conclusion or settlement of an agreement as meant in these General Conditions, the consumer can submit a written and motivated complaint to the management of Bennies Fifties within 1 month after arising of the complaint. Bennies Online Store commits itself to inform the consumer in writing if and to what extent his/her complaint has been considered valid and how the objections of the consumer will be met, within four weeks.

Article 15. Privacy

On all data of consumers and members as meant in these General Conditions the Dutch Consumer Data Protection Law applies. By subscribing to the newsletter or by participating in a contest on Internet, by 0900 or by SMS the consumer and/or participant agrees that by means of his/her telephone number his/her address will be turned up in order to possibly send him/her the prize won. Bennies Online Store can collect all information necessary to organize the contests and to distribute the prizes. These data will be saved in a file which Bennies Online Store manages. The data will be saved by Bennies Online Store for commercial purposes. By participating in the contest every participant acknowledges to be informed by Bennies Online Store of the collection of these data and of the use which can be made of it. Everyone has the right to be informed free of charge of the data concerning him and to correct inaccurate data, provided that he/she will request Bennies Online Store by registered post to do so. The privacy protection law is observed. Bennies Online Store will save your data in a data file. These data will be used to execute the (purchase) agreement and to inform you of interesting products and services of us, our partners (sponsors and advertisers) and carefully selected companies. We will take account of your personal preferences as best we can. If you do not appreciate such special offers you can send an e-mail with as subject “no special offers” to: customerservice@benniesfifties.com. The same applies for SMS-campaigns; don’t forget to mention you cell phone number)

When Bennies Online Store will contract a third party to handle the personal data, there will be an agreement in writing with this third party to only use the personal data concerned in relation to the agreement between Bennies Online Store and the third party and to destroy the data immediately after processing.

Article 16. Applicable law

The Dutch law is applicable to all agreements to which these General Conditions apply, unless explicitly agreed upon otherwise.

Article 17. Changes and deviations

Bennies Online Store has the right to change these General Conditions. Individual deviations, including additions and extensions of these General Conditions are to be laid down in writing (including e-mail) between Bennies Online Store and the consumer.