Terms & Conditions
Terms & Conditions
- 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 in our web shop 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.
- 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 are at least 18 years old or over; and
• Register your real name, address, phone number, e-mail address & any other details requested.
4) ORDERS AND SPECIFICATIONS
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 and:-
• 4.3.1 the rights afforded in clause 13 (Your Right to Cancel) will not apply;
• 4.3.2 the terms of our Returns Policy’ will be withdrawn;
• 4.3.3 we will only accept returned Goods within seven days of dispatch if they were defective at the time of receipt
• 4.3.4 we will charge a reasonable handling fee, which shall exclude packaging and/or delivery costs for which you shall be liable and which will be confirmed prior to your order being accepted; and
• 4.3.5 Make such other amendments to these Conditions as we deem necessary and only accept an order upon acceptance of the same.
4.4 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. Our order process allows you to check and amend any error before submitting any order with us by clicking the home button and re-entering your basket. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you or, if the goods are ordered by mobile telephone, as a result of network failure.
• 4.4.1 If you realized a mistake with your order after placing it, you may be able to correct any mistakes made by email or by phone prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
4.5 We are entitled to refuse any order made by you for any reason
4.6 When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details 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 recognised 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) REFUND POLICY
We have no quibble refund policy, for details on refund, please refer to our Return & Exchange Policy7) 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
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.9) SEVERANCE
- 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
- 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 we fail to deliver the Goods (or any installment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.
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 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to charge you subsequent delivery charges which we may incur for reseeding the parcel or to cancel the transaction.
13) YOUR RIGHT TO CANCEL
If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within 14 days of placing an order.
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
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 Returns policy
14) PROMOTIONAL CODES
- We may make available to you promotional codes from time to time. 5 pound stuff Discounted promotion codes/coupons entitle you to an offer on your online order from www.5poundstuff.com. To utilise 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”.
We may make available to you promotional codes from time to time. 5 pound stuff Discounted promotion codes/coupons entitle you to an offer on your online order from www.5poundstuff.com. To utilise 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 codes 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
- 16.1This 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 honour 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.