Terms and Conditions
BY USING OUR WEBSITE, PLACING AN ORDER FOR PRODUCTS ELECTRONICALLY YOU CONFIRM YOUR AGREEMENT TO OUR TERMS AND CONDITIONS.
1.1"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller
1.2"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.3"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.4"Goods" means the articles that the Buyer agrees to buy from the Seller
1.5"Seller" means 5MIN operating from: C003 LIGHTHOUSE STUDIO, 89A SHACKLEWELL LANE E8 2EB London
1.6"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller
1.7"Website" means and applies jointly to min-wu.shopify.com
- 2. CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed & between the parties) shall be inapplicable unless agreed in writing by the Seller
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5
3.1 All orders for Goods are available to the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 The buyer, shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested have been entered correctly and you are 16 or over.
3.4 No order submitted by the buyer, shall be deemed to be accepted by us unless and until we confirm acceptance of the your order. The order will be processed once payment for the order is received. All orders are subject to availability
4.1 The products may differ slightly from the images shown on the website this may be caused by your display settings on your computer/device. Sizes and measurements are approximate only.
- PRICE AND PAYMENT
5.1 The price of the Goods shall be that stipulated on the Website. The price is INCLUSIVE of VAT. The price EXCLUDES delivery charges.
5.2 We reserve the right, by giving notice to the buyer, at any time before delivery to increase the price of the products to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture)
6.1 When we provide any products to you, under these terms and conditions, payment will be charged to the credit card account provided by you on the website order form.
6.2 By placing an order, the buyer consent to payment being charged to your credit/debit card/paypal account (or other permitted payment method) as provided
6.3 Title to the products will pass to the buyer, on payment in full of the price of the products
6.4 We will issue you with an electronic receipt to your email address once the transaction is completed and will send you a further email and tracking number once the products have been dispatched
7.RIGHTS OF SELLER
7.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.
7.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
7.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
8.1 Goods supplied within the UK and Asia will normally be delivered within 7 days of acceptance of order.
8.2 Goods supplied to Europe will normally be delivered within 14 days of acceptance of order.
8.3 Goods supplied to Rest of the world will normally be delivered within 21-28 days of acceptance of order.
8.4 Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 5MIN will not be liable if customer gives incorrect delivery details at time of ordering for loss of goods.
8.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8.6 Any dates quoted for delivery of the products are approximate only and we shall not be liable for any delay in delivery of the products however caused. If however we are unable to deliver your products by the date quoted for delivery, the buyer shall be entitled to cancel the order at any time before delivery takes place
8.7 We shall not be liable to the buyer for incomplete delivery of the products however caused, but will provide you with the outstanding products as soon as is reasonably practical. If however we have not delivered the outstanding products within 21 days from the first date of delivery, the buyer shall be entitled to cancel the order for the outstanding products (please allow more time for delivery around Christmas and during periods of promotional sales)
- CANCELLATION OF AN ORDER
9.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
9.2 If you wish to cancel your order for any reason you can do so up to 14 days after receipt of the products. The 14 days commence the day after you receive the products. You must notify us within this period using the returns form and writing by email. A full refund will be made within 30 days of receipt of the returned product following inspection of the returned product. It is the customer's responsibility to email and fill out the returns & exchanges form before returning any product. We will suggest the best shipping provider for them to use. The customer will then arrange and pay for their own postage for returning an item. Returns must be sent with the returns & exchanges form enclosed with the returned product to the original address it is shipped from
The following terms apply:
9.2.1 All goods must be returned in their original condition and packaging (please take care when unpacking & repacking) unless it is deemed more suitable to return the product in smaller packaging.
9.2.2 All goods to return must be sent directly to the original address it is shipped from.
9.2.3 We will not accept items where the tags have been removed or the original packaging is missing. We will not accept worn or soiled garments due to hygiene reasons.
9.2.4 Do not return any products without contacting us in advance by email
Please enclose the returns & exchanges form explaining the reason for the return in full and quoting the Item number and quantity.
9.2.5 We cannot be held responsible for products lost in transit
9.2.6 Customers who have paid by credit card will have their accounts credited
9.2.7 We will not make refunds to a third party
9.2.8 Any damage or missing items will be charged for. Our carriage charge is not refundable
9.2.9 Pre-order, Bespoke and/or personalised products cannot be returned.
9.3.0 A £5.00 handling fee will be charged and deducted from refund.
- LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
- FORCE MAJEURE
11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12.1 We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these
12.2 All drawings, photographs, descriptive matter and specifications of the products on the website are for the sole purpose of giving an approximate description of the products
12.3 We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
Intellectual property right and right to use
12.4 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us.
12.5 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.
12.6 Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
13.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- CHANGES TO TERMS AND CONDITIONS
14.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
- GOVERNING LAW AND JURISDICTION
15.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
5MIN is completely committed to protecting the privacy of our site visitors and customers. Therefore we will not disclose information about our customers to third parties except where it is part of providing a service to you.
Your Consent is important to us too. Therefore we will never sell your name, address, e-mail address, credit card information or any other personal information to any third party without your consent.
Communication & Marketing
If you have made a purchase from our store (thank you!) we may occasionally update you on our latest products, news and special offers via e-mail if you opt-in to receive email marketing communications from us. You can opt-out at any time.
We may record statistics about the number of visitors to this Website or number of purchases made for improvement purposes. This is to help it improve the services to our customers and ultimately provide the most appropriate products.
Protecting your security
We may use personal information provided by you in order to fulfill necessary anti-fraud checks. This information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm identity for security purposes.
Third party websites
Our site may contain links to and from other websites. If you follow a link to any of these websites, please note that they have their own privacy policies and we do not accept any liability for these policies.
5MIN is committed to protecting your privacy. All personal information collected through this website will be held securely in accordance with the UK’s Data Protection Act 1998. for any further queries or comments please contact us using our contact form.