Terms & Conditions
We know it might seem like a lot of information
but it's important, so please make sure that you carefully read and understand these conditions before you place an order with us as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not access nor use our Website. If you have any queries regarding these Terms, please contact us.
By using the Website, you agree to be bound by these Terms & Conditions.
1.1 HOW WE USE YOUR PERSONAL INFORMATION
We reserve the right to:
- 2.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which we may decide. If you do not wish to accept the new Terms & Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website confirms your agreement to be bound by the new Terms; and
- 2.2 Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents
3) ELIGIBILITY TO PURCHASE
By placing an order through our site, you warrant that:
- 3.1 You are legally capable of entering into binding contracts;
- 3.2 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.
- 3.3 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.
- 3.4 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
- Register your real name, address, phone number, e-mail address & any other details requested.
4) ORDERS AND SPECIFICATIONS (CONTRACT BETWEEN US)
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
4.1.1 Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. By placing an order, you warrant that you are at least 18 years old. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We reserve the right to refuse to accept an order.
4.2 We will not process your order until payment has been received in full in accordance with the provisions of clause 5
4.3 If we reasonably believe you are intending to resell the Goods (whether on e-Bay, Amazon or otherwise) we reserve the right to refuse your order. In the event we do accept your order we will be entitled to treat you as a commercial customer.
- 4.3.1 the rights afforded in clause 13 (Your Right to Cancel).
- 4.3.2 You may request amendments to an order at any time prior to the Order Confirmation (as defined at clause 4.3.3 below) and we will endeavor 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 so we can cancel an order or process any refund.
- 4.3.3 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.
- 4.3.4 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. 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.
5) PRICE & PAYMENT
5.1 The price payable for the Products shall be as shown on the Website. Prices advertised on the Website are inclusive of any applicable UK value added tax (VAT) or other sales tax (at the rate from time to time in force). Any packaging or delivery costs for which you shall be liable will be shown separately when ordering and must also be paid in advance.
5.2 Orders with a delivery address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
5.2.1 Please note that when shipping goods from outside of the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered. You agree that if we incur any liability due to your failure to comply with custom requirements and duties by you that you shall reimburse us for against all losses, damages, costs and expenses awarded against or incurred by us in connection with such claim
5.3 Prices are subject to change without notice but changes will not affect orders which we have already accepted
5.4 Our site contains a large number of Products, while we try to ensure that all prices in our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this by our error or an error by any third party), we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
5.5 In the rare event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes and where the Goods ordered are not available we may offer you substitute goods whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund if you confirm that the substitute Goods are not acceptable.
5.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
5.7 We accept payments from any major Debit or Credit cards or via PayPal. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
5.8 The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
5.9 Only one promotion code can be used per order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
5.10 All credit and charge card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, www.5poundstuff.com will validate the names, addresses and other information supplied during the order process against commercially available records (e.g. Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from our website, you consent to such checks being made. We may need to contact you by telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order and we shall not be liable for any delay or non-delivery this may cause. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998.
6) INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the Website
7) REFUND POLICY (CONSUMER RIGHTS):
7.1 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 30 days period from the date the Product(s) are delivered to you (the "Delivery Date") providing that the product is in a resalable condition with tags and is unused. 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.
7.2 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.
7.3 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.
7.4 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.
7.5 If you cancel an order we will:
7.5.1 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.
7.5.2 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.
7.5.3 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).
7.6 Returning your Product:
7.6.1 You must return the Product you wish to return for 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.
7.6.2 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.
7.6.3 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.
7.6.4 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.
7.6.5 You can either send your Products back to us via post, or hand it to our authorized 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.
7.6.6 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).
7.7 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.
7.8 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.
1: What is the time frame to take advantage of the refund option?
As a consumer, you have a legal right to cancel your order at any time before receiving the Order Confirmation or during a 14 days period from the date the Product(s) are delivered to you (the "Delivery Date").
2: Who pays the shipping cost on returns (customer or merchant)?
Customer will pay. You can either send your Products back to us via post, or hand it to our authorized 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.
3: What is the policy for defective/broken product?
Yes, we offer replacement and refunds based on circumstances. you can return your Product to us within 14 days of the Delivery Date and receive a refund.
4: What is the policy for products which are not broken but the customer wants to return because they changed their minds about the purchase.
As a consumer, you have a legal right to cancel your order at any time before receiving the Order Confirmation or during a 30 days period from the date the Product(s) are delivered to you (the "Delivery Date") providing that the product is in a resalable condition with tags and is unused. 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.
5: Is the return policy in the correct official language of the country targeted.
Yes we used UK official English Language.
8) WARRANTIES & LIABILITY
8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureau.
8.3 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
8.4 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet
8.5 Notwithstanding any other provision in the Terms, nothing in these Terms:
- 8.5.1 affect or limit your rights as a consumer under English law; or
- 8.5.2 Will exclude or limit our liability for death or personal injury resulting from our negligence.
8.6 Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can.
8.7 In particular, we disclaim all liabilities in connection with the following:
- 8.7.1 incompatibility of the Website with any of your equipment, software or telecommunications links;
- 8.7.2 technical problems including errors or interruptions of the Website;
- 8.7.3 unsuitability, unreliability or inaccuracy of the Website; and
- 8.7.4 Failure of the Website to meet your requirements
8.8 To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
- If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforce-ability of any remaining provisions of the Terms.
- No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision
11) LAW AND JURISDICTION
- These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
12.1 You shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery.
12.2 We aim to provide you with an approximate date on which the Goods will be ready for collection or delivery. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated date. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date.
12.3 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.
12.4 We reserve the right to deliver your first order of Goods to the cardholders registered address, regardless of any alternative address that you may provide to us. Thereafter, we may attempt to deliver Goods to any such alternative address, but this will be at our discretion and we shall not be responsible to you provided we deliver the Goods to either the cardholders registered address or any alternative address. In the event we fail to deliver the Goods to the cardholders registered address or any such alternative address within 60 days due to reason(s) reasonably considered to be your fault than we may in our discretion refund the sum paid to us by you and cancel the Contract.
12.5 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 neighbor) 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 duty’s 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.
12.6 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.
12.7 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).
13) YOUR RIGHT TO CANCEL
13.1 If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within 30 days of placing an order.
13.2 If you wish to cancel before the Goods are dispatched, you are asked to contact us by email or phone as soon as reasonably possible
13.3 If you wish to cancel after the Goods are dispatched, please return the Goods to us indicating whether you require an exchange or refund as soon as possible. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we have a right of action against you for compensation. Please refer to our Refund policy.
14) PROMOTIONAL CODES
We may make available to your promotional codes from time to time. 5poundstuff Discounted promotion codes/coupons entitle you to an offer on your online order from www.5poundstuff.com. To utilize your promotion code, you would need to create or Login Account to use these coupons and on checkout page: Click on “'Use Coupon Code” option and enter that code in provided space “Enter your coupon here”.
14.1 Promotional codes are not valid in conjunction with any other offer.
14.2 There is no cash alternative available in respect of the promotional code.
14.3 We may withdraw the promotional codes at any time without notice.
14.4 Promotional codes cannot be used against postage and packaging costs.
14.5 Promotion codes cannot be used after the expiration date.
14.6 Promotional codes will only be accepted if submitted at the point of order. We will not subsequently apply a promotional code if the order is submitted without the promotional code’s application. Please check your order thoroughly before placing to avoid disappointment.
14.7 The promotional code will be applied proportionally to the Goods. Any returns or refunds on Goods purchased with the benefit of the promotional code will be on the proportional price as indicated in the sales invoice
15) GIFT WITH PRODUCTS PROMOTIONS
15.1 We may be offering a free gift with a product from time to time; we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
15.2 In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to "purchase" the free gift without purchasing the product it is provided free with and any attempt to "purchase" the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is dispatched to you, you shall be obliged to return the free gift upon written request.
16) MULTIBUY OFFERS
16.1 This offer applies only to qualifying items listed in the Multi-buy area of this Website. Multi-buy promotions may be offered by us in our sole discretion. This offer entitles you to buy one get one free, or get the lowest priced item stated in the promotion free or the reduced price when you buy at least the minimum number of qualifying items in a single transaction. We reserve the right to amend or withdraw the promotion at any point without notice
16.2 Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multi-buy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
17) INTRODUCE A FRIEND
17.1 We in our sole discretion operate an offer whereby you earn an incentive if you introduce a friend who proceeds to completing a purchase of Good(s) from us.
17.2 We reserve the right to substitute or amend the offer at any time. Any unused codes must be used by the expiry date.
17.3 We reserve the right to cease the Introduce a Friend promotion at any time, should we choose to do this then we will honor all outstanding referred friend vouchers up to and including the date of termination.
17.4 You are responsible for ensuring you obtain your friends’ permission prior to you referring them as a friend. We will not accept any responsibility for an individual complaint in this regard following you submitting your friend's details to us.
17.5 The promotional code will be applied proportionally to the Goods. Any returns or refunds on Goods purchased with the benefit of the promotional code will be on the proportional price as indicated in the sales invoice.
17.6 You will not receive any benefit of the scheme if your friend is already a customer of us.
18) OUR RIGHT TO VARY THESE TERMS
18.1 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.
18.2 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.
Updated : 14 April 2020