SALE TERMS & CONDITIONS
These Terms will govern your use of the Website. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Website.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check the Website for the latest Terms to ensure you understand the terms which will apply at that time
1. Information About Us or You
We operate the online Website available at www.everything5pounds.com (as amended by us from time to time) (the "Website").
FIVER LONDON LTD
54-56 CAMDEN LOCK PLACE
Company No. 07384676
If you wish to contact our customer service team, please refer to the methods and details on the Contact Us Contact Us page of the Website .
When making any Order or request to us you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to make your Order or request and that there are sufficient funds to cover the cost of the Products requested. It is your responsibility to inform us of any changes to these details as soon as possible.
2. Our Products
Some of our Products can come with various manufacturers' labels where they have been purchased from branded mainstream stores. It is a legal requirement for all branded store labels to be removed from the Product in order for them to be sold on our Website. We try to ensure that this is conducted as neatly and precise as possible. However, some of the Products are imported on garment hangers and do not have protective packaging, so these will be dispatched as a lose packaged item. We offer our customers the right to exchange or refund their purchases from our website and this is set out in more below.
WARNING: Choking hazard- Some of our products contain small parts and detachable pieces which are not suitable for children under 3 years. Some Products are also dispatched in plastic packaging and should not be left with children unsupervised.
Whilst we try to make sure that the display and description of the Products on the Website is materially accurate, please note that we cannot guarantee that your computer's display of the colours accurately reflect the actual colour of the Products. The images of the Products on the Website are for illustrative purposes only and any Products you order may vary slightly from those images.
We follow specific guidelines from our manufacturers about our shoe sizes. These sizes may not match the mainstream stores' shoe sizes, however, please take note of our particular sizes. Our general shoe sizes range from a size 2 and 2 � to size 8. These sizes are advised to be the EU equivalent to a size 35 (size 2) - 41 (size 8). Kindly read through our customer reviews and also product description to get a better understanding of the shoes' fit. You are welcome to email us at [email protected]and request for a size guide to be sent to you.
3. How We Use Your Personal Information
4. Use of Our Site
You may only purchase the Products through the Website if you are at least 18 years of age. We may also specify additional requirements for all or any Products through the Website from time to time. By viewing, placing an order for Products or otherwise using the Website in any way, you are confirming that you agree to these Terms, that you are at least 18 years of age and that you comply with all such additional requirements specified by us as are applicable.
It is your responsibility to ensure that you comply with the laws governing the purchase, import, transport and use of the Products in your jurisdiction, especially if your jurisdiction is outside England and Wales.
5. The Contract Between Us
Our shopping pages will guide you through the steps you need to take to place an order via the Website. Please note that where orders for several Products are made by you at the same time, we will process this via the Website as one composite order, but this is actually made up of several orders. We reserve the right to divide the composite order into individual orders for acceptance and/or shipping, at our discretion.
Our order process allows you to check and amend any errors before submitting your order(s). Please take the time to read and check your order(s) at each page of the order process.
After you place an order, you will receive a confirmation e-mail from us acknowledging that we have received that order ( "Order Acknowledgement" ) and that it is pending. Please note that this does not mean that your order has been accepted. Our acceptance of each order will take place once payment has successfully been taken for that order.
You may request amendments to an order at any time prior to the Order Confirmation and we will endeavour to process amendments to the order received in reasonable time, however, please note that all amendment requests are subject to our discretion. All amendments have to be submitted within this time via our phone lines within opening hours and before 9.30am if the Order Confirmation was sent before 5pm the previous day. Alternatively email us via the 'amend an order' section before the Order Confirmation has been sent, stating every detail of the order including the name, order number and amendment details. If the Order Confirmation has already been sent you will be unable to submit a request to amend your order. If your order has already been dispatched, you are welcome to return the Products to us in accordance with our Returns Policy set out below. At no time before an order which has been dispatched has been returned to us can we cancel an order or process any refund.
Once payment has successfully been taken from the payment method you provided in respect of the Products included in that order, we will send you an e-mail to inform you that the order has been accepted, payment has been successfully taken and that and your Products are being packaged and dispatched (the "Order Confirmation" ). We may accept/reject each of these orders individually prior to taking payment for and sending the Order Confirmation for that Product, and each of the orders may be accepted and dispatched to you at different times.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website as referred to in clause 8.2, we will inform you of this as soon as possible by e-mail. If this occurs before we have taken payment and sent you the Order Confirmation we will not process that part of the order. If you have already paid for and we have sent you an Order Confirmation for that Product, we will refund you the full amount including any delivery costs paid for that Product and any reasonable costs you incur in returning it to us, as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time. Please check back to the Website regularly and before you place an order to see if these Terms have been updated.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
YOUR CONSUMER RIGHTS
Our Website is only intended for sales to consumers. As a consumer, you have a legal right to cancel your order at any time before receiving the Order Confirmation or during a 14 day period from the date the Product(s) are delivered to you (the "Delivery Date" ). This means that if you change your mind or decide for any other reason that you do not want to receive or keep a Product(s), you can return your Product(s) to us within 14 days' of the Delivery Date and receive a refund. The original delivery note should be included in the returned package together with all labels/tags intact (as referred to in clause 2.1). You may use the original packaging if you still have it but if not, please pack your Products securely in suitable packaging material. Parcels may be rejected by us if they are received damaged due to unsecure packaging. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of certain Products, where this is indicated in the relevant Product's description, or where the Product is perishable or is mixed inseparably with other items after its delivery. These Products include: underwear, swimwear or bra and knickers sets, pierced earrings or jewellery sets containing earrings or real body jewellery (unless the items have a manufacture fault or have been wrongly dispatched, in which case please contact us as mentioned below).
To cancel an order of a particular Product, you just need to let us know that you have decided to cancel. The easiest way to do this is by contacting our Customer Service team by following one of the methods referred to on the Contact Us page of the Website. Further details and a link to the web cancellation form will be included in our Order Confirmation. We will e-mail you to confirm we have received your cancellation. Full details of the order must be placed within each returning package in order to be processed correctly. Parcels can be held by the returns department and not processed if the parcels received cannot be identified by the details provided within the package.
If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you would like to exchange Products in an order received by you:
all exchange requests must be clearly stated on a cover note included within the package of Products which is returned to us;
the details must include the model number, size and colour of the item requested;
you are welcome to provide us with more than one option for exchange as all exchange requests will be processed at our discretion and subject to availability;
we cannot guarantee that any exchange requests will be accepted, in particular where these are not stated on a note within the parcel or sent after the package is returned to us; and
all returns sent back without sufficiently clear exchange requests or where we cannot accept the request for any reason will automatically be considered as a request for a cancellation and refund. We are not obliged to contact any customer to obtain or clarify refund/exchange instructions.
If you cancel an order we will:
refund you the price you paid for Products in that cancelled order. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). If you cancel and return every Product included within an order within the time limits set out at clause 6.4 you will be refunded your full delivery cost included in that original order. If only some of the items are returned then only part of your delivery costs included in that order will be refunded. If an exchange item is returned for a refund you will not be refunded your delivery costs but just the price paid by you for the item. Refunds can be rejected at this time and we have the right to issue an exchange only for exchanges.
make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Product back from you in its original packaging (or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us, or if you have not received the Product from us within 14 days after you inform us of your decision to cancel the order).
If a Product has been delivered to you before you decide to cancel the order:
then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the order. You can either send it back, or hand it to our authorised carrier. Please see [our Contact Us page for our returns address. If you return Products to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method which requires a signature on delivery. If we have offered to collect the Product from you in the Order Confirmation, please refer to the further details provided; and
unless the Product is faulty or not as described (in this case, see clause 6.11), you will be responsible for the cost of returning the Products to us. You must provide a valid receipt for the full postage in case of any parcels lost in transit and any cases of non-delivery of returned Products will not be considered without this receipt (including Royal Mail or any other courier service used). If an exchange request is accepted by us we will send the exchange Product to you free of charge. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection, further details of which will be provided in the Order Confirmation.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with these Terms and Conditions. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.
If you have returned the Product(s) to us and we are satisfied this is because they were originally faulty (other than as a result of improper use or maintenance by you), we will refund the price of the faulty Products, together with any applicable delivery charges and reasonable delivery costs you incurred in returning the item to us.
We will refund the price of the Product(s) to the same payment method which was used to purchase the Product(s) from the Website. If you used gift vouchers to pay for the Product we may refund you in gift vouchers allocated to the same user account.
Customers are responsible to send items back to us if they do not suit their requirements this includes items that do not fit, not suitable, wrong colour selected incorrect sizing, not same as on the website, Customers must cover the full postage cost to return items back to us which will be confirmed via email on receipt and processed accordingly. (Parcel must be sent back via post only- we do not accept returns in person to the warehouse. All parcels returned in person not via the postal service can be rejected/returned to sender/not processed). If an exchange is requested we will send the exchange item to them free of charge. A valid postage receipt must be provided in case of any parcels lost in transit. Any non-delivery cases will not be valid without this receipt which includes with us Royal Mail or any other courier service used.
You may use the original packaging if you still have them. If not please pack your items securely in any packaging material suitable. Parcel can be rejected if parcels are returned damaged due to unsecure packaging.
Full valid details must be placed within each returning package in order to be processed correctly. Parcels can be held by the returns department and not processed if the parcels received cannot be identified by the details provided within the package. All returning request for a refund/exchange will be processed upon the receipt of your returning parcel/packet from which our processing times of returning parcels is between 3- 5 working days. We do not have any retail stores to purchase or return items to.
If a parcel is undelivered to a UK address after 14-21 days from the dispatch date we will be able to issue a refund after an investigation has taken place. Under no circumstance can we declare a parcel as lost until a full investigation with the warehouse/courier company/returns department has taken place. If any of our (delivery) prices change we reserve the right to cancel an order.
Once all your orders for Products which we intend to ship to you together have been placed we will send you an e-mail confirming acceptance of those orders and we will provide you with an estimated Delivery Date. Dispatch times may vary according to Supplier's availability and representations made as to delivery dates may be subject to postal delays or an event outside our control (as described in clause 10.4) for which we are not responsible.
Delivery costs will be calculated by us and will be specified as part of the order process before you place the order on the Website, and will be charged in addition to the price of the Products. The estimated Delivery Date(s) will depend on the delivery service chosen.
Delivery shall be via Royal Mail (or another non-trackable service) unless you select next day or nominated day delivery in which event delivery shall be by a courier or other trackable service selected by us.
Delivery of an order shall be completed when we deliver the Products to the address you provided to us (or tender delivery at that address). It is your responsibility to make arrangements (such as notifying a neighbour) to accept delivery on or a reasonable period after the estimated delivery time and the Products will be your responsibility from the time of delivery (or tendered delivery). We will not be responsible for any delays caused by customs clearance nor for any duties charges or fees payable on the export or import of any Products, which will by your responsibility. If a parcel is undelivered to a UK address after 14-21 days from the dispatch date we will consider issuing a refund after an investigation has taken place. Under no circumstances can we declare a parcel as lost until a full investigation with the warehouse/courier company/returns department has taken place.
Although the Delivery Dates specified are estimates only, if we miss the Delivery Date for any Products for reasons within our control, then we will notify you as soon as possible, and will provide you with further reasonable delivery options (at no additional cost to you). You may cancel your order straight away if we notify you that we will not be able to make any further delivery of those Product(s).
If you do choose to cancel your order for late delivery under clause 7.5, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and applicable delivery charges.
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products are as quoted on the Website at the time your order is accepted and an Order Confirmation is issued.
It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
Prices for each of the Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes any applicable VAT. VAT at the applicable rate will be payable by you in respect of all packaging and shipping charges.
All of our Products are delivered with a packing slip identifying the customer's billing and shipping address and the Products included in that order but not the costs. An invoice is available upon request via email as soon as the Order Confirmation has been sent which shows the breakdown of Products and costs including VAT. All Products are inclusive of VAT unless delivered directly to a country that does not charge VAT. The invoice provided within the parcel will assist applicable customers in claiming a refund of any VAT where this is due at a later date themselves if they live outside of the EU. We do not deduct this or provide any further details apart from the invoice. We do not operate in the VAT Retail Export Scheme that offers Tax Free Shopping to customers and businesses within and outside of the EU. More details in relation to this can be found at: www.hmrc.gov.uk/vat/sectors/consumers/overseas-visitors.htm.
Delivery services will be provided by our nominated our delivery services provider, details of which will be specified in the Order Confirmation. Delivery charges will be charged by them directly to you at the rates specified in the order process on the Website, and as confirmed to you .
9. HOW TO PAY
You can only pay for Products using a debit card or credit card or other payment method in each case which is approved by us.
9.2 Payment for the Products and all applicable delivery charges are due in Pounds Sterling in advance. Any currency conversions shall be carried out by your own bank at your cost.
This clause 10 does not affect your statutory rights as a consumer.
We are not responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time an order was placed on the Website.
10.2 Nothing in these Terms shall exclude our liability for personal injury, death or other liability which cannot be excluded under applicable law.
The Products are only supplied for domestic and private use. You agree not to use the product for any commercial, business or resale purposes and we have no liability to you for any indirect or consequential loss or damage or loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Our total liability to you in respect of any losses arising as result of result of non-delivery of the Products ordered by you shall in no circumstances exceed the cost of the Product(s) ordered but not delivered.
This clause 10 shall survive termination of the agreement between you and us.
11. PROMOTIONAL VOUCHER USAGE
Promotional voucher codes may only be redeemed once per registered account in the duration of any given promotion published on our website or received by email/text/social media/leaflet.
12. INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensor of all intellectual property rights in the Website, including both the design, trademarks, logos and copyright of the Website, and such rights as are featured in/on the content showcased on or available for purchase through the Website. Each of the Suppliers is the owner or licensor of all relevant intellectual property rights in relation to the Products showcased on their behalf on the Website. You agree not to copy (in whole or in part and in any medium), nor adapt, modify or commercially exploit any of such intellectual property rights, whether they exist in or relate to the Website, any of the Products or any other rights belonging to us or any of the Suppliers or their licensors.
You agree to keep us fully indemnified against any claims, liability, loss or damage arising from your breach of these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16. GOVERNING LAW
These Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
Last updated: 06 September 2015