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SALE TERMS AND CONDITIONS
These Sale Terms and Conditions (together with our Privacy Policy) form the contract between Fiver London Ltd (“we/us”) and you (the “user” or “you”) and sets out the legal terms and conditions (the “Terms”) on which we sell any of the products (the “Products”) listed on our Website (as defined below) to you.
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.
- 1.1 We operate the online Website available at sooriiyahwest.com (as amended by us from time to time) (the “Website”). We are Fiver London Limited, a company incorporated and registered in England with company number 07384676, whose registered address is Unit 44, Yardley Business Park, Miles Gray Road, Basildon, England, SS14 3GN.
- 1.2 If you wish to contact our customer service team, please refer to the methods and details on the Contact Us page of the Website.
- 2.1 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 refund their purchases from our website and this is set out in more below.
- 2.2 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.
- 2.3 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.
- 2.4 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 sooriiyah.west@gmail.com and request for a size guide to be sent to you.
- 3.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.
- 3.1 4.1 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.
- 4.2 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.
- 4.3 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.
- 5.1 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.
- 5.2 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.
- 5.3 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.
- 5.4 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.
- 5.5 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.
- 5.6 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.
- 5.7 Certain orders may be processed by Globale U.K. Limited (Global-e), our global fulfilment partner, as merchant of record. Orders placed via Global-e checkout facility will be processed and fulfilled by Global-e in accordance with separate Global-e Terms and Conditions made available to you at checkout page. Following successful verification by Global-e of your order and payment information, Global-e (and not us) will be solely responsible and liable for fulfillment of the order, including, but not limited to, collecting all proceeds (including any shipping and handling charges, gift wrap charges, and any taxes) paid by you under an order, organizing all shipment, freight forwarded, and customs brokerage services.
- 6.1 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.
- 6.2 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.
- 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 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.
- 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.
- 8.1 Your Order Confirmation will be sent to your email address provided during the check out phase. Dispatch times may vary 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.
- 8.2 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.
- 8.3 Delivery shall be via Royal Mail unless you select the courier option available.
- 8.4 Delivery of an order shall be completed when the postal company or courier 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 or arrange a suitable safe place with the delivery company. 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 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 and courier company has taken place.
- 8.5 Although the Delivery Dates specified are estimates only, if we miss the Delivery Date for any products for reasons within our control, then you would be entitled to a refund for the delivery fee paid.
- 8.6 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. We would cover the postage expense for this by providing a returns label. If the products have not been delivered you will be able to reject the parcel on the day of delivery for the parcel to then be returned back to us. After you cancel your order we will refund any sums you have paid to us for the cancelled products and applicable delivery charges.
- 9.1 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.
- 9.2 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.
- 10.1 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.
- 10.2 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.
- 11.1 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.
- 11.2 Nothing in these Terms shall exclude our liability for personal injury, death or other liability which cannot be excluded under applicable law.
- 12.1 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.
- 12.2 Clause 12.1 operates in addition to any rights or legal remedies you may have under applicable law.
- 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. We reserve the right at any moment to stop a promotion without prior warning.
- 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.
- These Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.