ATTENTION: This legal notice applies to the contents of the website at www.fiveofus.com (the “Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website. This notice is issued by QFJC Ltd t/a Fiveofus, a company registered in England and Wales with a company registration number of 13284242 and with its registered office at International House, 142 Cromwell Road, London, United Kingdom, SW7 4EF (hereafter “QFJC”, “we” or “us”).
1.1 You are permitted to view the content offered on this Website and print and download extracts from the Website for your own personal use on the following basis: (a) no documents or related graphics on the Website are modified in any way; (b) no graphics on the Website are used separately from the corresponding text; and (c) QFJC’s copyright and trade mark notices and this permission notice appear in all copies. 1.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by QFJC or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 1.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. 1.3 Subject to clause 1.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without QFJC’s prior written permission. 1.4 Any rights not expressly granted in these terms are reserved.
2. VISITOR MATERIAL AND CONDUCT
2.1 Other than personally identifiable information, which is covered under our Privacy and Cookies Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. QFJC shall have no obligations with respect to such material. QFJC and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 2.2 You are prohibited from posting or transmitting to or from the Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licences and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 2.3 You may not misuse the Website (including, without limitation, by hacking). You may not deploy within our Website any bot, spider, web crawler or other automated query program at any time for any reason. QFJC prohibits scraping, crawling, caching or otherwise accessing any content on the Website. The use of automated systems or software to extract data from the Website for commercial purposes, (‘screen scraping’) is prohibited unless you have a written licence agreement with QFJC which permits you to do so. 2.4 QFJC shall fully co-operate with any law enforcement authorities or court order requesting or directing QFJC to disclose the identity or locate anyone posting any material in breach of clause 2.2 or clause 2.3.
3.LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. QFJC has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. QFJC therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
4.1 While QFJC endeavours to ensure that the information on the Website is correct, QFJC does not warrant the accuracy and completeness of the material on the Website. QFJC may make changes to the material on the Website, or to the clothing and prices described in it, at any time without notice. The material on the Website may be out of date, and QFJC makes no commitment to update such material. 4.2 QFJC makes no promise that the Website will meet your requirements. QFJC cannot guarantee that the Website will be fault-free. If a fault occurs it will attempt to correct the fault as soon as it reasonably can. Your access to the Website may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. 4.3 QFJC does not guarantee that its Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, QFJC provides you with the Website on the basis that QFJC excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website
5.1 QFJC and its officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. 5.2 Nothing in this legal notice shall exclude or limit QFJC’s liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (b) fraud; or (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law. 5.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof 5.4 If any provisions of these terms and exclusions of liability shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
6. UPDATES AND GOVERNING LAW AND JURISDICTION
6.1 QFJC may update this notice from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any changes will be notified via updating this notice on the Website. The changes will apply to the use of the Website after QFJC has given notice. If you do not wish to accept the new notice 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 indicates your agreement to be bound by the new notice. 6.2 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts. If you have your habitual residence in the EU, you will also be able to benefit from any applicable mandatory laws of your country of residence.
Issue Date: January 2022
CUSTOMER TERMS OF SALE
Welcome to the FiveofUs online store. These are the Terms of Sale which apply to you when you purchase clothing on the FiveofUs online store, found at the webpage www.fiveofus.com (the “FiveofUs Website”). We are QFJC Ltd, the company behind the FiveofUs Website. QFJC Ltd is a company registered in England and Wales with a company registration number of 13284242 and with its registered office at International House, 142 Cromwell Road, London, United Kingdom, SW7 4EF (hereafter “QFJC”, “we” or “us”).
The Terms of Sale form part of the Website Terms.
The FiveofUs Website is currently for orders from customers in the United Kingdom of Great Britain and Northern Ireland only.
Your purchase of any products from the FiveofUs Website is subject to the Website Terms (including these Terms of Sale). The Terms of Sale are available in English only and we will not file copies of the contracts between us and you relating to your purchase of any Products via the FiveofUs Website
Ordering your items:
1.1Ordering clothing: When first entering the Website you can click “KNITWEAR” or “CUSTOMISABLE KIDSWEAR” which will then take you to the items of clothing that we have on offer (“Products”). Whilst browsing, you can either select items that are in stock and ready to be shipped or pieces you can customize and which will be made-to-order for you. If you have selected a Customisable Product, you will then be able to customise this Product by selecting your chosen option in connection with the fabric/pattern, particular clothing features e.g., whether it has a collar or not and such other features as made available to you in connection with that particular Product before then providing your applicable measurements for that Product. Whether it is a ready-to-ship item or a customisable made-to-order garment, it is your responsibility to ensure the accuracy of any measurements provided. In the case of customisable kidswear, should you not like how your order fits, you can contact us at firstname.lastname@example.org to discuss it further. We will not be able to accept any liability and/or returns or refunds for Products that are the wrong size as a result of you providing incorrect measurements.
1.2 In order to provide measurements, you will first provide your child’s age and height. A guide as to how to measure your child’s height is made available at this point or at any point by clicking the “FAQ” section or link at the bottom of the Website. We will then suggest chest and waist measurements. If your child’s chest and waist measurements differ significantly from those provided you can contact email@example.com for further clarification or a tailor-made solution. Assuming, however, those measurements meet your requirements you can then click “Add to Cart” and your Product will be added to your shopping cart accordingly.
1.3 If you are registered on the FiveofUs Website, you may buy the Products in your Online Shopping Cart. To do so you must proceed to your Online Shopping Cart where you may amend your order by removing any items of clothing. You may then proceed to the ‘Checkout’ where you provide details of yourself (either by logging into the FiveofUs Website under your registration/registering as a new customer or by checking out as a guest) and your method of payment. You will be able to check if the information you enter is correct and correct any errors at this stage. Your order is not made until you press the button marked ‘Pay Now. By pressing the ‘Pay Now’ button you are making an offer to purchase the Products from us (this will result in a binding contract (please see below paragraph 3 ‘Conclusion of Contract’). As described below, an indication of applicable delivery costs and tax (where possible) will be provided at this point. Please see below paragraph 9 ‘Pricing and Availability’, and paragraph 12 ‘Insurance’ for further details.
1.4 Ordering Nursery items: When first entering the Website you can click “NURSERY” which will then take you to the Nursery items we have on offer (“Products”). Whilst browsing, you can then select one or more items listed on the FiveofUs Website. Some of them will be "ready-to-ship" in stock, some others will be made-to-order. Made-to-Order, Checkout and Payment terms apply the same as explained above.
Confirmation of your order: Once you have placed an order we will send you an email to confirm your order has been received and confirm the details of your order including the Products that you have ordered and the measurements you have given us (each a ‘Confirmation Email’). When a Confirmation Email is sent to you, a contract is created between you and us, and you shall be charged for the Products that you have ordered. No corrections or edits are able to be made by you after this time. The sale is completed in London, England, the language of the contract is English and you agree that the invoice will be provided to you electronically. We reserve the right not to accept your order.
Conclusion of Contract:Your order and payment constitute an offer to purchase the Products and the contract will be concluded once we have accepted the order and have agreed to dispatch the Products to you (“Contract”).
Situation where we may not accept your order: We may not accept your order, with no liability, in our absolute discretion if: (a) you have, or we suspect you have, breached the Website Terms (including these Terms of Sale); (b) the particular Products that you have ordered constitute materials which are out of stock or we are unable to confirm the stock; (c) we are unable to obtain authorisation for payment; (d) shipping restrictions apply to the Products meaning we cannot send them to you, e.g. if you are trying to ship the Products to a destination outside of the UK; or (e) we, at our absolute discretion, decide that we wish to restrict multiple quantities of Product being shipped to any particular address.
Conformity with the Contract: Once the Contract is concluded (in accordance with paragraph 3 above), we are under a legal obligation to supply the Products in conformity with the Contract.
Items description: All content on the FiveofUs Website is for general information purposes only. It does not amount to advice on which you may rely and it may be out-of-date. Whilst we attempt to ensure such content is as accurate as possible, there is no guarantee that such content is accurate, complete or error free. We make all reasonable efforts to accurately display the attributes of any Products advertised on the FiveofUs Website, including composition and colours. However, please be aware that the colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
Commercial Use: Products sold on the FiveofUs Website are for personal use only (including as a gift) and may not be resold for commercial purposes or for commercial benefit. If you are interested in purchasing any of the Products sold on the FiveofUs Website for commercial purposes please contact us directly by email to firstname.lastname@example.org for further information.
(a) Payment: Payment can be made on the FiveofUs Website using payment methods which are identified on the FiveofUs Website and which are updated from time to time, including the primary payment provider Shopify.
(b) When is Payment debited: Payment shall be debited from your account at the same time, or shortly after, your order has been processed.
(c) Payment Providers: All payments in relation to the purchase of the Produce are performed through the third party payment provider, Shopify. QFJC is never the ‘merchant’ for purchases made on the FiveofUs Website and we do not handle your payment information. QFJC is not a party to any agreement between you and any payment providers. You acknowledge that where you use a payment provider you are bound by the payment provider’s terms for its online payment services. Payment providers’ terms may be different from these Terms of Sale and you should contact such payment providers for further details of the terms that apply to your use of such services. Your use of payment providers’ services may be subject to eligibility, availability and compliance with such terms.
(d) Checks in relation to payment: All payments by credit or debit card are subject to checks by QFJC, the card issuer and any payment provider. (e) Payment Currency: If your payment card does not denominate British Pounds then the final price shall be calculated in accordance with the exchange rate on the day the transaction is processed. You will be liable to meet any currency conversion fees levied by your card issuer or payment provider and such additional charges will not appear either in the Checkout or in your Confirmation Email.
Pricing and Availability: (a) All prices on the Platform are inclusive of all taxes and duties and we shall also provide an estimate of the expected delivery charges too (such charges to be finalised at Checkout). (b) The price of the Products will be the price quoted on the FiveofUs Website at the time we accept your order. Our prices are changed from time to time and the prices displayed on the FiveofUs Website shall apply to your purchase. We shall use all reasonable efforts to guarantee the prices are correct but shall not be liable for any losses arising from incorrect pricing due to human or computer mistake or error. (c) We reserve the right to make changes to the Products available on the FiveofUs Website from time to time. If we are unable to supply the Products to you, we shall have no liability to you save that you shall not be charged for such an order. QFJC provide no guarantees or promises on the availability of any Products sold on the FiveofUs Website. (d) The Products are only currently available for shipping to the United Kingdom of Great Britain and Northern Ireland.
Delivery: QFJC will make delivery of your confirmed orders to the address which is indicated at the Checkout when you place your order. Your order will be deemed to be delivered to you when it is delivered to that address or a third party nominated by you acquires possession of your order. Your Confirmation Email shall provide an estimated delivery time for your confirmed order and in the particular case of made-to-order items, your order will be delivered within approximately 5 weeks of being placed (you acknowledge that the longer lead times for delivery are acceptable and that lead times may vary given the made-to-order nature of the products). Please note that delivery times are a guide only and time is not of the essence in any situation.
Risk of Title:The title and risk in any Products that you have ordered will remain with us until it is delivered to you in accordance with paragraph 10 above.
Insurance:QFJC may insure your confirmed orders until they are delivered to your address and delivery has been made in accordance with paragraph 10, at which point responsibility for your order passes to you. If you have specified a recipient who is not you (for example, as a gift) then you accept that evidence of a signature by them or delivery to their delivery address, is evidence of fulfilment by us of our responsibilities.
Refund, Return and Exchange: You can return "Ready-to-Ship" Products. Made-to-Order Products refund, return and exchange rights are excluded except when explicitly agreed between you and us (in accordance with paragraph 1 above) or where there is a fault with an item that you have ordered in which case you will be entitled to return and/or exchange and/or obtain a refund in line with your statutory rights. If there is a fault with an item you have ordered you must contact us at email@example.com and we will endeavour to assist you with your query accordingly. Please note that, in accordance with paragraph 1, it is your responsibility to ensure the accuracy of any measurements provided as we cannot accept any liability and/or returns or refunds for, or otherwise be required to fix, Products which are the wrong size as a result of you providing incorrect measurements. Ready-to-Ship Products refunds or exchanges will be accepted if you are unsatisfied with your purchase or wish to exchange it and you contact us at firstname.lastname@example.org within 14 days of receiving your item.
13.1. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging, including tags and plastic, and garments must not be washed or worn.
Should you wish to return/exchange an order, you must notify us within 14 days of receiving the order by email to email@example.com quoting your name and order number. Clearly explain why you would like to return/exchange your item(s). Please keep your Proof of Purchase safe until your refund has been dealt with.
Please send returned items via “signed for” to:
Five of Us, 39 Charles II Place, London SW3 4NG, United Kingdom
You will be responsible for paying for your own shipping costs for returning your item.
Five of Us is not responsible for any returns lost in transit – it is recommended that you include tracking and insurance for your protection. Your statutory rights are not affected by our returns policy.
13.2. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. If you are approved, then your refund will be processed within 3-5 working days and will automatically be applied to your original method of payment.
13.3. If you wish to exchange an item for a different size, please send us an email at firstname.lastname@example.org notifying us of your exchange and then ship the item back to us. Once we have received your return, we will then ship the new item out to you for free.
Please note that you will be responsible for paying for your own shipping costs for returning your item.
Cancellation: Our Made-to-Order Products are especially made for you, so you will not be entitled to your statutory 14 day cooling off period and will therefore not be able to cancel an order once it has been placed. Ready-to-buy Products orders may be cancelled if they are not dispatched yet. Orders will be normally dispatched within 48 hours of receiving an order.
Liability: Notwithstanding the other provisions in these Terms of Sale, none of the exclusions or limitations in these Terms of Sale shall exclude or restrict our liability for death or personal injury caused by QFJC’s negligence or for any fraudulent misrepresentation or for any other liability that QFJC cannot exclude or limit under any applicable law.
Exclusion of Liability: Subject to paragraph 15, QFJC excludes its liability to you for any amount or kind of loss or damage including any indirect, or consequential loss or damages (whether in tort, contract, or otherwise), and that may result to you or third parties arising out of or in connection with the provision by us to you of any Products. QFJC shall also not be liable for refunding or replacing a Product that does not fit where such failure to fit is as a result of you providing QFJC with incorrect measurements.
Limitation of Liability: Subject to paragraph 15, QFJC is not liable to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or any other common law or statutory cause of action for any loss or damages which are deemed indirect, incidental, special, punitive, or consequential. Its total liability to you in contract, tort (including negligence or breach of statutory duty, misrepresentation or otherwise) or for any other common law or statutory cause of action or otherwise arising by reason of or in connection with these Terms of Sale shall be limited to the sums paid by you in the 12- month period prior to the date of breach.
Force Majeure: QFJC shall not be responsible for any breach of these Terms of Sale caused by circumstances beyond its reasonable control.
Statutory Protection: Nothing in these Terms of Sale affect your statutory rights.
Website Terms and Definitions: These Terms of Sale form part of our Website Terms . Except otherwise used in these Terms of Sale, all capitalised words have the meaning as defined in our Terms and Conditions.
Changes to these Terms of Sale: QFJC may update these Terms of Sale from time to time for legal or regulatory reasons. Any changes will be notified here on this page of our Website or, where there is a material change to these Terms of Sale, via email. The changes will apply to your use of the Website and purchase of any Products after we have given notice. If you do not wish to accept the new Terms of Sale you should not continue to use the Website and/or purchase any Products. If you do continue to do so after the date on which the change comes into effect, such use/purchase shall be deemed to indicate your agreement to be bound by the updated Terms of Sale.
Third Party Rights: For the purposes of the Contracts (Rights of Third Parties) Act 1999 these Terms of Sale are not intended to, and do not, give any person who is not a party to them any right to enforce any of its provisions.
Severability: If any part of these Terms of Sale is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms of Sale and shall not affect the validity and enforceability of the remaining provisions of these Terms of Sale. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent;
Complaints and Disputes:If you have any concerns about any content which appears on the FiveofUs Website or from your use of the FiveofUs Website, wish to complain about an order you made, or believe that any act or omission by any other user is in breach of applicable law, please contact email@example.com.
Contact details:If at any time you would like to contact QFJC about your views on these Terms of Sale or any enquiry relating to your personal information, you can do so by sending an e-mail to us at firstname.lastname@example.org or a letter to International House, 142 Cromwell Road, London, United Kingdom, SW7 4EF.
Entire Agreement:These Terms of Sale (and such documents referred to herein as forming part of these Terms of Sale, including the Website Terms and Privacy and Cookies Policy) shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply). You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms of Sale.
Governing Law and Jurisdiction:These Terms of Sale and any dispute arising out of or in connection with these Terms of Sale shall be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and want to commence court proceedings, you must do so exclusively in the courts of England and Wales. If you have your habitual residence in the EU, you will also be able to benefit from any applicable mandatory laws of your country of residence.
GIFT CARD TERMS AND CONDITIONS
These are the Terms and Conditions that apply to any gift card from the FiveofUs Website (a “Gift Card”).
These Gift Card Terms and Conditions form part of the Website Terms and Terms of Sale.
- Purchasing a Gift Card: You can purchase Gift Cards from the gift card page on the FiveofUs Website. You will be asked to select the value of the Gift Card that you wish to purchase, Gift Cards may be purchased in the following denominations: £50, £100, £150, £200 & £250. When you purchase a Gift Card you will be asked to provide your name and email address. Please ensure that you provide the correct email address at checkout, as FiveofUs will not accept responsibility for typing errors and will not resend the Gift Card if you provide an incorrect email address. Once purchased a Gift Card is nonrefundable.
- Delivery of the Gift Card: Once you have completed your purchase you will receive a confirmation of purchase via the email address that you provided at checkout (the “Confirmation Email”). The Confirmation Email will include a unique code for the value of the Gift Card purchased. If you wish to give the Gift Card as a gift to someone else you may do so by sharing the Confirmation Email with them. The Gift Card is available electronically only.
- Using your Gift Card: In order to use the Gift Card simply enter the unique code provided in your Confirmation Email at the checkout as payment for your order, or to use in part-payment when the order total is larger than the Gift Card value. The value of the Gift Card is redeemable online only. Gift Cards cannot be exchanged for cash and may not be used to purchase another Gift Card. Your Gift Card will be valid for one year from the date of purchase.