SALE TERMS AND 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
We operate the online Website available at our website www.everything5pounds.com (as amended by us from time to time) (the "Website"). We are Fiver London LTD incorporated and registered in England with company number 07384676, registered address is 44 Yardley Business Park, Miles Gray Road, Basildon, SS14 3GN.
If you wish to contact our customer service team, please refer to the methods and details on the Contact Us page of the Website.
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 up 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@example.com and request for a size guide to be sent to you.
Products sold by Merchants
Some of the Products presented on the Website may be listed, sold and fulfilled by third party suppliers (“Merchants”), which will be indicated in the respective Product description. You can contact the Merchant directly via contact details that can be found on the respective Product page or through the Contact Us page on the Website and we will pass your message to the Merchant.
In respect of each Product sold by Merchant via Website, a) such Merchant acts independently of us; b) you are purchasing Products from the respective Merchant only (and not from us), and you will enter into a contract directly with Merchant. We have no authority to act on behalf of the Merchant and we will not be a party to the contract between you and Merchant; and (с) we are not acting as an agent for you or for any Merchant.
In respect of each Product sold by Merchant via Website, we make no representation, warranty, guarantee, or condition that: (a) Merchant is an authorized seller of the Product (and has obtained any and all licenses, permissions, consents, approvals, and authorizations required to sell the Product), and that its listing does not, and will not, infringe, misappropriate, or violate any third party's Intellectual Property Rights, or any Law (including, but not limited to, the Sale of Goods Act 1979, the Consumer Protection Act, 1987, and the Consumer Contract Regulations 2013); (b) the Product is authentic, authorized for sale, and not stolen, a counterfeit, or illegal; (c) the Product matches the corresponding Product description associated with such Product; and (d) the Product will be of satisfactory quality and fit for purpose, and free from defects in design, material or workmanship. If you have any complaints or questions about any Products, including if you consider any Products to be infringing third party rights, please get in touch via the Contact Us page.
In respect of each Product sold by Merchant via Website, as between Merchant and us, Merchant shall be the "merchant of record" for respective orders and shall be solely responsible for invoicing you and charging any applicable taxes under an order. We will generate an automatic email message to you, confirming receipt of your order, and we will transmit to the corresponding Merchants the order information ("Order Transmittance"). We will collect all proceeds (including any shipping and handling charges, gift wrap charges, and any taxes) paid by you under an order. Following Order Transmittance, the Merchant (and not us) will be solely responsible and liable for fulfillment of the order (including, but not limited to, organizing all shipment, freight-forwarded, and customs brokerage services).
In respect of each Product sold by Merchant via Website, your orders may be subject to a separate Merchant's policy on cancellations, returns, and refunds (collectively, the "Merchant Returns and Refunds Policy") available through the Product page. If there is no separate Merchant Returns and Refunds Policy on the Product page, Merchant applies and operates our general returns and refunds policy (and you should follow the instructions contained in it). We are not obligated to review, and in any event do not endorse, any Merchant Returns and Refunds Policy operated by the Merchant and do not act as their agent. The Merchant shall be solely responsible and liable for implementing and complying with respective returns and refunds policy, and for determining if you are entitled to a refund. Similarly, if you have not received a Product under your order, or you received the wrong Product or a defective Product, your sole recourse is to contact the Merchant (via the functionality offered or contact details posted on the Website) and resolve the discrepancy with said Merchant. Notwithstanding the foregoing in this paragraph, we reserve the right (but not the obligation) to communicate to you certain status updates regarding any cancellations, returns, or refunds.
3. How We Use Your Personal Information
4. Use of The Website
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.
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.
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 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 stage 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, on behalf of the relevant supplier for each of their Products included in that order, will take place once payment has successfully been taken for that order and the Products in that order have been dispatched.
You may request amendments to an order at any time prior to the Order Confirmation (as defined at clause 5.5 below) 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 you can 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 return 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 any individual Product prior to taking payment for and sending the Order Confirmation for that Product. Products that form part of a composite order may be accepted and dispatched to you at different times. You may receive separate Order Confirmations for each package. Such Order Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the Products specified in that Order Confirmation.
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 9.2, 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.
7. 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, you can return your Product to us within 14 days’ of the Delivery Date and receive a refund.
The cancellation right at clause 7.1 above 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). Please read the Product description carefully before placing an order. Advice about your legal right to cancel your contract is available from your local Citizens' Advice Bureau or Trading Standards office.
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 request.
Please include full details of your order in your cancellation notice to help us to identify it and process your request. 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 you have received:
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;
you must return the Products you wish to exchange without undue delay and in accordance with our returns procedure set out at clause 7.7 below;
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; and
if an exchange request is accepted we will send the exchange item(s) to you free of charge.
If you cancel an order we will:
refund you the price you paid for the Product(s) in that cancelled order 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. 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. Requests for a refund for exchange items may be rejected and we reserve the right to offer remuneration by way of ‘exchange only’ for exchange items.
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 7.1 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 and accepted for a refund you will not be refunded your delivery costs but just the price paid by you for the item.
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 you have not received the Product from us, within 14 days after you inform us of your decision to cancel the order).
Returning your Product:
You must return the Product you wish to return for exchange or refund to us at the returns address specified on our Website 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 Products in your order. Please see our Contact Us page for our returns address. If we have offered to collect the Product from you in the Order Confirmation, please refer to the further details provided. We will email you on receipt of the returned Product and process any return requests accordingly.
Unless the Product is faulty or not as described (in this case, see clause 7.8), you will be responsible for the full cost of returning the Product to us.
The original delivery note or full valid details of your order should be included in the returned parcel together with all labels/tags intact in order for the return to be processed correctly. Returned 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.
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.
You can either send your Products back to us via post, or hand it to our authorised carrier (if this option is available to you as specified in your Order Confirmation). 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.
If you return Products to us by post, 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. Any cases of non-delivery of returned Products will not be considered without a valid receipt for the full postage (including Royal Mail or any other courier service used).
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.
Your Order Confirmation will confirm an estimated Delivery Date for the Products in your order. You may receive separate Order Confirmations for Products in your order dispatched separately. 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 11.4) 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 be 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 8.5 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.
9. Price of Products and Delivery Charges
The prices of the Products and delivery charges are as quoted on the Website at the time your order is accepted and an Order Confirmation is issued. It is your responsibility to confirm with the suppliers that the prices of their Products displayed on the Website are correct.
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 supplier’s 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.
10. 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.
Payment for the Products and all applicable delivery charges are due in Pounds Sterling in advance, unless otherwise stated. Any currency conversions shall be carried out by your own bank at your cost.
This clause 11 does not affect your statutory rights as a consumer.
If we fail to comply with these Terms, we are 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.
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 Products 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 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 11 shall survive termination of the agreement between you and us.
12. Dispute Resolution
If a dispute concerning these Terms arises between you and us that we are unable to resolve, you may seek to settle the dispute outside of court by submitting a complaint via the Online Dispute Resolution platform accessible here: http://ec.europa.eu/odr.
Clause 12.1 operates in addition to any rights or legal remedies you may have under applicable law.
13. 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.
To qualify for a referral promo code, the referred person must (i) be a new customer, (ii) use a referral link to obtain the promo code and (iii) make a purchase on www.everything5pounds.com in an amount greater than the minimum amount specified in the referral offer prior to the promo code's expiration. Referring customers will receive a referral credit in their www.everything5pounds.com account after the referral is confirmed and the referral credit is approved by a customer service member. Customers are limited to referring two people per household. Referring customers may only earn one referral credit per referred person. In the event a referred person returns a purchased item and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.everything5pounds.com account under an alternate email address.
Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of the referring customer's referral credit and the referred person's promo code as well as both parties' inability to participate in this or future promotions. Referral credit cannot be applied to previous purchases, and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.
14. Intellectual Property Rights
We are the owner or licensee 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 licensee of all relevant intellectual property rights in relation to the Products showcased 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.
18. 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: 20 March 2019