Terms and Conditions
No prize winning novel here I’m afraid, but it is important that you read it through carefully. That way, you will know what you can expect from us and what your rights are. By ordering goods from us, you are agreeing to be bound by these terms.
So prepare yourself for the legal bit and we’ll try not to waffle on unnecessarily.
1. INFORMATION ABOUT US
1.1 If you have any questions, complaints or comments about our products or website, you can contact us as follows:
2. OUR CONTRACT
2.1 Your order (“Order”) constitutes an offer to Us to buy the Goods you select via your Order on our Website. All Orders are subject to availability and acceptance by Us. We will send You an email acknowledging receipt of Your Order. Please note that this does not constitute acceptance by Us. The contract for purchase of the Goods is agreed and accepted by Us only when We send You an email dispatch confirmation.
3. REGISTRATION, PASSWORDS AND SECURITY
3.1 You may have the option to open an account via our Website to place Orders. Should you register for an online account, you will select a Password and Username that You can use to access Your online account.
3.2 You are responsible for maintaining the confidentiality of Your Password and Username and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Web Site and will not be liable where Your Password or Username is used by someone else (unless such use is due to our negligence).
3.3 You agree to notify Us immediately of any unauthorised use of Your Password or Username of which You become aware.
4. YOUR STATUS
If you are under 18 years old you are not authorized to make a transaction or register an account with Us on the Website. By placing an Order through the Website, You confirm that You are legally capable of entering into binding contracts and You are at least 18 years old. If you are not legally capable of entering into contracts, We are legally entitled to cancel the order with You and will not be obliged to supply the Goods.
5. PRICES AND DELIVERY
5.1 The price of the Goods is as stated on the Website (except in the case of obvious error) and will be confirmed to You as part of the Order process, when We confirm Our acceptance of Your Order to You. Prices shown are inclusive of UK Value Added Tax.
5.2 Prices are checked regularly. However, if We find the price has changed or that there has been a pricing error when We receive Your Order We will contact You and ask if You wish to proceed at the correct price. If You confirm that You do wish to proceed, then your confirmation constitutes a new Order to us and please remember that We will not be under an obligation to supply the Goods until We have sent You an email dispatch confirmation.
5.3 Goods will be dispatched by Royal Mail and may require a signature on arrival.
5.4 Prices shown on Our Website do not include delivery. Our delivery charges are as follows and will be confirmed to You during the Order process:
United Kingdom £3.50
United States £18.00
5.5 We shall endeavor to dispatch the Goods to You as soon as possible after You place Your Order, normally within 2 working days if the Goods are in stock, and in any event within 7 days beginning on the day after You place Your Order. If We are unable to dispatch the Goods within that time We will email as soon as possible to let You know and give You an estimated delivery date and You will have the right to cancel Your Order and receive a full refund as set out in that email.
5.6 As soon as the Goods are delivered to You, You are responsible for them. If a parcel is damaged, please notify us via email at email@example.com by 5pm the next working day.
5.7 Payment for all Goods must be by credit / debit card or PayPal. We can accept payment with Visa, MasterCard, American Express, Maestro, Visa Electron or Vpay.
5.8 At the point when We send You an email order confirmation, We will process the payment details You have given to us to take payment for Your order, through a third party processor (Square) or PayPal.
6. RETURNS AND CANCELLATION
6.1 We want You to be happy with Your purchase from Us. If you are unhappy with the Goods in any way please contact us via email or letter as provided above.
6.2 Nothing in these Terms and Conditions of Trade is intended to affect Your statutory rights. These rights include:
6.2.1 That any Goods supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given;
6.2.2 certain remedies will be offered if Goods are defective; and
6.2.3 except for customised Goods, a right to cancel within a specified period and receive a full refund even if they are not defective as is set out in paragraph 6.3 below.
6.3.1 If for any reason you are unhappy with Your Goods, you can return them to Us for a full refund under the Consumer Protection (Distance Selling) Regulations 2000, provided that:
(a)You notify us of your wish to return the Goods within 14 days of receiving them.
(b)You return the goods to Five in the Nest, Woo, Rousay, Orkney, KW17 2PR, UK within a further 14 days of notifying Us of your wish to return the Goods.
(c) You return the Goods to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. Please include where possible the original packaging and any labelling.
6.32 You will be responsible for the cost of any returned goods.
6.33 You will be responsible for the goods until we have received them at the above address. Therefore, we advise that You obtain proof of postage and retain this until We have sent a confirmation of received returns email. We will not be able to issue a refund for any goods that are lost or damaged in transit.
6.34 If a promotional item is returned affecting the validity of the offer, your refund or exchange will be adjusted to reflect the fact that the promotional price is no longer valid.
6.35 We will issue a refund within 14 days of receiving the returned Goods.
7. OUR RIGHT NOT TO ACCEPT ORDERS
7.1 We may decide not to accept an order from you for Products. If we do so, and you have made any payment in advance for the Products, we will refund you the full amount you have paid as soon as possible.
8. LIMITATIONS ON OUR LIABILITY TO YOU
8.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a natural, foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not so foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.2 We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not in any way exclude or limit our liability for:
8.3.1 death or personal injury caused by our negligence or that of our officers, employees, agents or subcontractors;
8.3.2. fraud or fraudulent misrepresentation;
8.3.3. any liability that cannot be excluded or restricted under section 31 of the Consumer Rights Act 2015;
8.3.4. defective products under the Consumer Protection Act 1987;
8.3.5. any other liability for which it would be unlawful for us to attempt to limit or exclude liability.
8.4. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
8.4.1. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or any failure or default of our suppliers.
8.5. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
8.5.1 We will contact you as soon as reasonably possible to notify you;
8.5.2. Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
9. CHANGES TO THESE TERMS
9.1 We may update or amend these Terms from time to time. Please review these Terms regularly to ensure you are aware of any changes we have made. Your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
9.2 Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order. However if you are a returning customer please check the Site regularly to ensure you are aware of any changes we have made to our Terms since the last time you visited the Site.
10. DATA PROCESSING AND PRIVACY
11. ELECTRONIC COMMUNICATIONS
By using this Website, You accept that communication with Us will mainly be electronic. We will contact You by email or provide You with information by posting notices on this Website. For contractual purposes, You consent to receive communications from Us electronically (to the most recent email address you have provided to us) and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
12.1 If any of these Terms and Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms and Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.
12.2 If You breach these Terms and Conditions of Trade and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms and Conditions of Trade.
12.3 These Terms constitute the entire agreement between us and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
12.4 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on anything set out in these Terms.
12.5 Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
13 LAW, JURISDICTION AND LANGUAGE
13.1 Please note that you are entering into an agreement with a UK company. These Terms and Conditions of Trade and any contracts based on them, are governed by and shall be construed in accordance with the laws of the UK and any disputes arising out of them shall be subject to the non-exclusive jurisdiction of the British courts.
13.2 These Terms, and any Contract between us, are drafted in the English language. If they are translated into any other language, the English language text shall prevail.
If you do not agree with these terms and conditions please do not continue to use this website.
These terms and conditions are current and applicable from August 20th 2020.
Well you have made it to the end, so well done, big sigh of relief all round! Now you can just go and enjoy a bit of retail therapy. Happy shopping!