Terms of Service

The website is operated by Five O’ Five.

Legal entity: Fiveofive B.V.

Registered address: Lovense Kanaaldijk 113, 5013 BJ, Tilburg, The Netherlands

Email: Support@fiveofive.nl

Website: fiveofive.nl

Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.

By visiting the website, creating an account, placing an order or otherwise using our services, you agree to be bound by these Terms of Service.

If you do not agree with these Terms, you should not use the website or place an order.

Nothing in these Terms limits any mandatory consumer rights that apply to you under applicable law.

We may update these Terms of Service from time to time to reflect changes to our business, website, services, legal requirements or operating practices.

The version applicable to your purchase will generally be the version available when your order is placed.

Updated Terms will be published on this page together with a revised “Last updated” date.

By using this website, you confirm that you are legally capable of entering into a binding agreement under the laws applicable to you.

If you use the website on behalf of a company or other organization, you confirm that you have authority to bind that organization to these Terms.

We aim to describe and display Five O’ Five products as accurately as possible.

However, colours and appearance may vary slightly depending on factors such as screen settings, lighting, photography and manufacturing tolerances.

Where relevant, product pages may contain information including:

• garment measurements
• sizing
• material composition
• garment weight
• colours
• fit
• care instructions
• product features

The garment weight shown on a Five O’ Five product or product page may be based on a defined reference size. Small variations in finished garment weight may occur as a result of production tolerances, sizing or materials.

We reserve the right to modify or discontinue products where reasonably necessary.

All products are subject to availability.

Placing a product in your shopping cart does not reserve that product.

If an item becomes unavailable after you place an order, we will contact you and provide an appropriate solution, which may include a refund.

We may limit quantities purchased per customer or order where reasonably necessary, including to prevent fraud, abuse or unauthorized resale.

Prices displayed on the website are shown in the applicable currency and, where stated, include VAT or other applicable taxes.

Shipping charges and any additional costs will be shown before you complete your order.

We may change product prices at any time. Price changes do not affect orders that have already been accepted by us.

Despite our efforts, pricing errors may occasionally occur. If an obvious pricing error affects an order, we may contact you before fulfilling the order to give you the option to proceed at the correct price or cancel the order.

When you place an order through our website, you are making an offer to purchase the selected products.

After placing an order, you will normally receive an order confirmation by email.

We reserve the right to refuse or cancel an order where there is a legitimate reason to do so, including:

• suspected fraud
• payment failure
• incorrect product or pricing information
• unusual ordering activity
• stock unavailability
• suspected unauthorized commercial resale

If we cancel an order after payment has been received, the relevant amount will be refunded.

You agree to provide accurate, current and complete payment and billing information.

Payments are processed using Shopify and/or third-party payment service providers.

Five O’ Five does not necessarily receive or store complete payment card details directly.

Available payment methods may vary depending on your location.

Available shipping methods, costs and estimated delivery times are shown during checkout or on our Shipping & Returns page.

Delivery estimates are estimates and may occasionally be affected by circumstances outside our reasonable control.

However, your mandatory rights regarding delivery remain unaffected. Under EU consumer rules, if no other delivery period has been agreed, goods generally must be delivered within 30 days. European Commission

Please ensure that the delivery details supplied when placing your order are accurate.

If you notice an error, please contact us as soon as possible at Support@fiveofive.nl.

Where we arrange shipment to a consumer, responsibility for the goods generally remains with us until the goods have been delivered to you or to a person you have designated to receive them.

If you independently arrange a carrier that was not offered by Five O’ Five, different rules may apply.

Our voluntary return conditions are explained in our Shipping & Returns Policy.

Nothing in that policy limits statutory rights available to consumers.

Customers in the European Union generally have the right to withdraw from an online purchase within 14 days after receiving the goods, without providing a reason, subject to applicable exceptions. European Union

Please see our Shipping & Returns Policy for instructions on exercising this right and for information about our extended return period where applicable.

Products should conform to the description, quality and characteristics that customers can reasonably expect.

If a product is faulty, damaged or does not correspond with what was agreed, you may have statutory rights to repair, replacement, price reduction or refund depending on the circumstances.

EU consumer law provides a minimum two-year legal guarantee for new goods, without affecting any greater protection that may apply under national law. European Union

Please contact Support@fiveofive.nl if you believe a product is defective or non-conforming.

Certain products may occasionally be offered for pre-order.

The estimated shipping or availability date for a pre-order will be communicated on the relevant product page where possible.

Estimated dates may change as a result of production or logistical circumstances.

Your statutory consumer rights remain applicable to pre-orders.

Unless a lawful exception applies, selling an item as a pre-order does not remove a consumer's statutory withdrawal rights after delivery.

Discount codes, promotional offers and other benefits may be subject to additional conditions communicated at the time of the promotion.

Unless stated otherwise:

• promotional codes cannot be exchanged for cash
• only one promotional code may be used per order
• codes may have an expiry date
• codes may apply only to selected products
• certain promotions may exclude other discounts

We may cancel or correct promotions in cases of obvious error, misuse or fraud.

If Five O’ Five offers gift cards, additional terms may apply.

Gift cards may not be exchanged for cash except where required by applicable law.

The applicable validity period and any other conditions will be communicated when purchasing the gift card.

You may have the option to create a customer account.

You are responsible for maintaining the confidentiality of your login information and for activity taking place through your account where reasonably attributable to you.

Please contact us if you believe your account has been accessed without authorization.

We may suspend or terminate accounts where reasonably necessary to protect Five O’ Five, customers or the website against fraud, misuse or security risks.

Unless otherwise stated, all content made available through the website belongs to Five O’ Five or is used with permission from the relevant rights holder.

This includes, among other things:

• Five O’ Five trademarks and logos
• the Five O’ Five name
• graphic designs
• product designs
• photographs
• videos
• campaign content
• website design
• text
• illustrations
• other creative material

You may use the website for personal, non-commercial purposes.

You may not reproduce, commercially exploit, distribute, modify or otherwise use our intellectual property without prior written permission, except where permitted by law.

If you submit reviews, photographs, comments or other content to Five O’ Five, you confirm that you have the necessary rights to submit that content.

Where you expressly give us permission to use submitted content for marketing or other purposes, the applicable scope of that permission will be communicated to you.

We reserve the right to remove content that is unlawful, abusive, infringing or otherwise inappropriate.

You may not use the website:

• for unlawful purposes
• to infringe intellectual property rights
• to transmit malicious software
• to interfere with the security or operation of the website
• to attempt unauthorized access to systems or accounts
• to collect information about others unlawfully
• to engage in fraudulent activity
• to misuse discounts, promotions or ordering systems

Our website may contain links to third-party websites or services.

Those services are operated independently of Five O’ Five and may be subject to separate terms and privacy policies.

We are not responsible for third-party websites or services except to the extent required by applicable law.

We aim to keep our website available and functioning properly.

However, we cannot guarantee that access will always be uninterrupted or error-free.

We may temporarily suspend, modify or maintain the website where reasonably necessary.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing in these Terms limits mandatory consumer rights or liability that cannot legally be excluded.

To the extent permitted by law, Five O’ Five is not responsible for losses that are not reasonably foreseeable or that arise from misuse of the website or products.

If you are purchasing as a consumer, these Terms do not affect the protections granted to you under applicable consumer law.

We will not be responsible for failure or delay in performing obligations where this is caused by events outside our reasonable control, such as severe disruptions to transport, natural disasters, strikes, government restrictions, major technical failures or other exceptional circumstances.

Where such an event affects an order, we will take reasonable steps to inform you and find an appropriate solution.

Your mandatory rights remain unaffected.

Your use of the website is also subject to our Privacy Policy.

Our Privacy Policy explains how Five O’ Five collects, uses, stores and otherwise processes personal information.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

If Five O’ Five does not immediately enforce a provision of these Terms, this does not mean that we waive the right to enforce it later.

These Terms are governed by the laws of the Netherlands.

If you are a consumer living elsewhere in the European Union or another jurisdiction that provides mandatory consumer protections, you continue to benefit from any mandatory rights granted to you by the laws applicable to your residence.

Nothing in these Terms requires a consumer to bring a dispute exclusively before a Dutch court where applicable consumer law gives that consumer the right to bring proceedings elsewhere.

If you have questions about these Terms of Service, an order or your rights as a customer, please contact us:

Five O’ Five

Email: Support@fiveofive.nl

Website: fiveofive.nl

Legal entity: Fiveofive B.V.

Registered address: Lovense Kanaaldijk 113, 5013 BJ, Tilburg, The Netherlands