FIVEGOMAD LTD

Terms and Conditions

 

Welcome to fivegomad.co.uk. Any access to or use of this Website is governed by the terms and conditions of use set out below (“Terms and Conditions”) and our Privacy Policy. Access to or use of this Website implies your agreement and acceptance of these Terms and Conditions and our Privacy Policy. If you do not accept these Terms and Condition and/or our Privacy Policy, please do not proceed any further and leave this Website immediately.

 

This Website is an e-commerce website displaying and selling Goods that are owned by the suppliers. The Website is owned and operated by FiveGoMad Limited (“FiveGoMad”, “we” “our” “its”) whose registered office is situated at 7 Ezra Street, London E2 7RH. FiveGoMad can be contacted by e-mail at info@fivegomad.co.uk.

 

The Goods displayed and sold on this Website are limited to Customers in the United Kingdom only. Therefore only Customers in the United Kingdom shall be permitted to accept these Terms & Conditions and continue using this Website.

 

 

  1. General

    1. In these Terms and Conditions the following words will have the following meanings:

      1. “Content” means all artwork, text, scripts, information, documents, graphics, digital files, photographs, mobile content, sounds, music, audios, or audio-visual files, pictures, videos, and interactive features contained on this Website;

      2. “Goods” mean clothing, fashion accessories, homeware and food owned by the suppliers;

      3. “Intellectual Property Rights” means any copyright or related rights, including, but not limited to, rights in images, text, sound recordings, videos and any other rights attributable to materials available or displayed on this Website, patents, unregistered and registered trade marks, registered designs (including the right to register any such rights) and database rights;

      4. “Partners” mean the suppliers of FiveGoMad whose Goods are displayed and sold by FiveGoMad on this Website;

      5. “Payment” means payment for Goods purchased on this Website;

      6. “Privacy Policy” means the privacy policy.

      7. “Customer”, “your” means a purchaser on this Website;

      8. “Website” means www.fivegomad.co.uk.

 

  1. Your Acceptance

    1. These Terms and Conditions are the legally binding terms and conditions on the Customer in order for the Customer to purchase Goods on this Website. By accessing or using this Website the Customer will be bound by the following:

      1. The Terms and Conditions found at www.fivegomad.co.uk

      2. The Privacy Policy found at www.fivegomad.co.uk and incorporated into these Terms and Conditions by reference.

    2. This Website constitutes an invitation to treat. By using this Website, the Customer accepts these Terms and Conditions, as well as the terms of the Privacy Policy. Placing an order for the Goods and continuing through to our shopping basket is deemed an offer to purchase the Goods from this Website. Acceptance takes place when the Payment has cleared, your e-mail address has been validated as part of the process and [the supplier/FiveGoMad] sends the Customer a confirmatory e-mail of the Customer’s purchase confirming that the Goods have been dispatched, at which time a binding contract will be entered into with the Customer and [the supplier/FiveGoMad]. FiveGoMad reserves the right to refuse any offer to purchase the Goods by a Customer.

    3. The Customer will be required to accept these Terms and Conditions before purchasing the Goods; thereby forming a valid contract with FiveGoMad.

    4. For the avoidance of doubt, no contract will subsist between a Customer and FiveGoMad for the purchase of any Goods by the Customer on this Website unless FiveGoMad/the supplier accepts the Customer’s order by email confirming that the supplier has dispatched the Goods to the Customer. Such acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the Customer at the point when FiveGoMad/the supplier sends the email to the Customer (whether or not the Customer receives that email).

    5. The Customer must be over the age of [16] and the Customer affirms that the Customer is over [16] years of age. Any Customer under the age of [16] that wishes to purchase Goods from this Website must have permission from a parent or legal guardian to be able to fully and competently enter into the conditions, obligations, affirmations and warranties set out in these Terms and Conditions.

 

  1. Use of this Website

    1. These Terms and Condition apply to Customers wishing to purchase Goods provided on this Website from time to time. If the use of this Website is as a result of an agreement between a third party and FiveGoMad, then to the extent that these Terms and Conditions conflict with the terms and conditions of such an agreement, the Terms and Conditions of this Website shall prevail. If the Customer does not agree with the applicable Terms and Conditions then the Customer is not authorised to use this Website.

    2. FiveGoMad provides a range of Goods for sale on this Website and by using the Content or purchasing Goods on this Website, the Customer agrees that FiveGoMad will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website, Content or purchasing Goods on this Website whether due to inaccuracy, error, omission or any other cause.

    3. Access to certain Content or Goods may be age restricted.

    4. In addition to the Terms and Conditions of this Website, the following restrictions and conditions apply directly to the Customer viewing, using Content and/or purchasing Goods on this Website respectively:

      1. FiveGoMad owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (save as to the content of the Goods displayed on this Website);

      2. FiveGoMad grants the Customer consent to electronically copy and to print in hard copy portions of this Website for the sole purpose of placing an order to purchase the Goods or to use this Website as a resource for shopping. Any other use of Content on this Website without the prior written consent of FiveGoMad is strictly prohibited including downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content on this Website, copying or reproducing all or any part of any images, artwork, graphics or other materials contained on this Website; and

      3. Copying of any or part of any images, artwork, graphics or other materials on this Website will amount to infringement including, but not limited to, copyright infringement and/or infringement of registered designs.

    5. For the avoidance of doubt, no legal relationship shall exists between the Customer and FiveGoMad until the Customer places an order for the purchase of Goods, the Payment for the Goods by the Customer, the order has been processed and the Goods dispatched by the supplier to the Customer.

 

Right to Amend Terms and Conditions

    1. FiveGoMad reserves the right to amend these Terms and Conditions and Privacy Policy at any time. The Terms and Conditions and Privacy Policy which are displayed on this Website at the time the Customer is accessing this Website are those which shall apply to the Customer and any transaction the Customer may enter into on this Website. Any changes to these Terms and Conditions and Privacy Policy will come into effect at the time they are posted on this Website. The Customer is advised to check these Terms and Conditions and Privacy Policy from time to time. The last amendment date will be displayed at the bottom of the Terms and Conditions and Privacy Policy pages of the Website.

    2. FiveGoMad reserves the right to refuse to display any Goods or Content that FiveGoMad deems to be unacceptable. All description of Goods is subject to approval by FiveGoMad.

    3. FiveGoMad also prohibits the use of this Website for any illegal activity.

    4. FiveGoMad owns all content on this Website including logos, graphics and text, save in respect of content in relation to Goods (except that copyrights in all Goods are owned by the respective Partners).

Description of Goods

    1. The suppliers are contracted to provide FiveGoMad with accurate descriptions of their Goods.

    2. Due to the nature of computer monitors, the colour and appearances of the Goods may vary slightly from the images seen on your computer screen.

 

  1. Payment

    1. All purchases of Goods made via this Website are subject to these Terms and Conditions.

    2. The Customer must accept and agree to these Terms and Conditions before making any purchase from this Website.

    3. All prices of the Goods are displayed in GBP including the price for packaging and delivery in connection with the Goods.

    4. The price for packaging and delivery will also be displaced when the Customer places an order to purchase the Goods.

    5. Prices are stated in GBP. Prices in Euros and US Dollars at all material times are quoted in accordance with the exchange rate advertised on the first (1st) working day of each week as stated on the Website.

    6. FiveGoMad accepts payment using the following major cards: Visa, Visa Electron, Switch, Maestro, International Maestro, Solo and MasterCard.

 

    1. FiveGoMad’s card payment service is provided by SagePay and FiveGoMad does not at any material time have access to Customer card details.

    2. Prices and availability information are subject to change without notice.
       

  1. Cooling Off Period

    1. The Customer is entitled to exercise the Customer’s statutory rights, which allow the Customer to return the Goods within 14 of receipt (also known as the “cooling off period”) if the Customer is unhappy with the Goods, and requests a refund. Refunds under this clause shall only be administered when the Customer has returned the Goods to the supplier in the same condition in which the Goods were dispatched to the Customer by the supplier. Once the supplier has received the Goods, the supplier will notify SagePay to refund the Customer’s account with the entire Payment made buy the Customer for the Goods.

 

Delivery

    1. The supplier will be responsible for the packaging and delivery of the Goods to Customers.

    2. The Goods will be delivered to Customers in the British Mainland, [excluding Northern Ireland, Channel Islands, the Isle of Man, or the Isle of Wight] (“Excluded Territories”).

    3. Delivery to the Excluded Territories can be arranged with a reputable courier service at an extra cost to the Customer. Please contact FiveGoMad for more details.

    4. All deliveries of the Goods will go directly from the supplier to the Customer.

    5. Once the Goods have been dispatched by the supplier, the supplier will send a confirmatory e-mail to Customer informing the Customer of the following details:

      1. Goods ordered;

      2. Quantity;

    6. Customer reference number; and

      1. Expected date of delivery.

    7. The supplier will make every effort to dispatch the Goods within two working days of receipt of Customer’s order. In the event of a later dispatch, the Customer will be informed as soon as practicable.

    8. Every effort will be made to ensure that the Goods arrive in perfect condition as when packaged for delivery. On delivery of the Goods, the Customer is advised to inspect the packaging. See also Clause 8.10.1 below.

    9. If on receipt of the Goods the Customer is dissatisfied with the Goods, the Customer is entitled to exercise the Customer’s statutory rights in accordance with Clause 7.1.

Affirmation and Damaged Goods

      1. It is the Customer's responsibility to check that all packaging is intact and that there is no visible damage to the outer packaging before accepting and signing for the delivery of the Goods.

      2. Goods that appear damaged at the time of delivery should not be accepted and the courier company will return the Goods to the supplier.

    1. Once a Customer signs for the Goods, this will be treated as acceptance of the Goods.

    2. Upon receipt of the Goods, the Customer must notify the supplier immediately via e-mail if the Customer detects any damage to the Goods.

 

  1. Website Availability

    1. FiveGoMad will endeavour to have this Website running efficiently and accessible at all times.

    2. FiveGoMad will not be responsible for any unscheduled downtime which may occur as a result of FiveGoMad servers experiencing technical problems, or the need to carry out emergency maintenance work.

    3. Neither FiveGoMad nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to causes beyond the control of FiveGoMad, such as system malfunction or failures of third parties. In these circumstances, FiveGoMad will use its reasonable endeavours to restore the service as soon as reasonably practicable.

 

  1. Website Content, Functionality Warranties

    1. FiveGoMad shall not be under any duty to place information (including Goods) on this Website, nor to update or correct any such information. FiveGoMad may in its absolute discretion edit, amend or remove any information placed on this Website at any time and without notice and for the avoidance of doubt, this shall include the Goods and Content.

    2. FiveGoMad does not warrant or offer any assurances that this Website is compatible with the Customer’s computer equipment or the network through which the Customer accesses this Website.

    3. Whilst FiveGoMad shall endeavour to ensure that this Website is functioning at all material times, FiveGoMad does not warrant that this Website will be fully functional at all times. FiveGoMad reserves the right to suspend, restrict, or terminate this Website service without offering a reason.

    4. Whilst FiveGoMad intends to display accurate information on this Website, FiveGoMad neither makes nor gives any representations or warranties, express or implied, about this Website or any material, information or hypertext links on this Website, including, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timeliness.

 

  1. Company’s Obligations

    1. FiveGoMad is responsible for displaying the Goods on its Website with care and professionalism.

    2. Any changes to these Terms and Conditions shall be communicated to the Customer in accordance with Clause 4 above.

    3. FiveGoMad shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to this Website, data and data files, including any back up materials.

 

  1. General Use of this Website – Permissions and Restrictions

    1. FiveGoMad grants the Customer permission to use this Website provided that:

      1. The Customer acts responsibly in using this Website;

      2. The Customer does not alter or modify any part of this Website, including any related technologies;

      3. The Customer does not access Content through any unauthorised means or technology;

      4. The framing of this Website is permitted only with the express consent of FiveGoMad, and FiveGoMad shall at its sole discretion stipulate how the framing will be displayed or made available on any third party site. FiveGoMad may withhold consent for any reason whatsoever and it shall not be a waiver of FiveGoMad’s rights if FiveGoMad fails to monitor or control each instance of framing. No framing by a third party shall imply the endorsement or sponsorship of FiveGoMad;

      5. The Customer may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Content or Goods (or authorise others to) for commercial purposes, unless authorised by FiveGoMad to do so.

      6. For the avoidance of doubt, commercial purposes do not include any use that FiveGoMad expressly authorises in writing.

 

  1. Limitation of Liability

    1. FiveGoMad bears no liability to the Customer for the supplier’s inability to deliver the Goods in a timely manner and in a deliverable state, save that Goods sold to the Customer will be fully insured by the supplier against damage or loss in transit.

    2. FiveGoMad neither makes nor gives any representations or warranties (expressed or implied) to the Customer as to the quality, suitability or authenticity of any Goods on this Website.

    3. If sections of this Website contain information submitted to FiveGoMad by third parties, FiveGoMad shall not be held liable for any errors, omissions or inaccuracy in such material or submissions and reserves the right at its absolute discretion to omit, suspend or change any material or information submitted without giving notice.

    4. Under no circumstances shall FiveGoMad, its officers, directors, employees, or agents be liable to the Customer in the event that any Content and/or Goods on this Website are held to infringe any third party’s Intellectual Property Rights.

    5. Nothing in these Terms and Conditions shall exclude or in any way limit FiveGoMad's liability for fraud, death or personal injury caused directly by FiveGoMad’s negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. Subject to this:

      1. FiveGoMad’s maximum aggregate liability under or in connection with these Terms and Conditions, whether in contract, tort or otherwise, will in no circumstances exceed the price paid for the Goods purchased by the Customer under these Terms and Conditions;

      2. FiveGoMad will not be liable to the Customer under these Terms and Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. Under no circumstances will FiveGoMad, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage to the fullest extent permitted by law.

      3. Under no circumstances shall FiveGoMad, its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.

 

  1. Indemnification

    1. The Customer agrees to indemnify and keep FiveGoMad indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Customer’s use of this Website.

    2. The Customer agrees to indemnify and keep FiveGoMad indemnified against any and all losses or liabilities incurred directly by FiveGoMad as a result of any breach or non-observance by FiveGoMad of any of these Terms and Conditions or the terms of the Privacy Policy.

    3. Subject to Clauses 15.1 and 15.2, the Customer agrees to defend, indemnify and hold harmless FiveGoMad, its officers, directors, employees, and agents from and against all claims which may be asserted against FiveGoMad, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:

      1. Customer’s use of this Website; and

      2. Any Customer’s violations of these Terms and Conditions.

 

  1. Links to third party Websites

    1. This Website provides links to other third party sites on the Internet. These sites may contain information or materials that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of FiveGoMad, and by continuing to use this Website the Customer acknowledges and agrees that FiveGoMad is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by FiveGoMad or any association with their operators.

    2. By using a third party website, the Customer expressly relieves FiveGoMad of any and all liabilities arising out of or in connection with such use.

    3. The Customer acknowledges and agrees that FiveGoMad is not responsible for the availability of any third party sites. Furthermore, FiveGoMad does not endorse any advertising, products or other materials available from any third party sites.

    4. The Customer acknowledges and agrees that FiveGoMad is not liable for any loss or damage which may be incurred by the Customer as a result of the unavailability of any third party sites, or as a result of any reliance placed by the Customer on the completeness or accuracy of any advertising, products or other materials available from any third party sites.

 

  1. Intellectual Property Rights

    1. This Website, and all Intellectual Property Rights contained on this Website are the property of FiveGoMad, save in respect of any Intellectual Property Rights belonging to any licensor, advertisers, Partners, investors or sponsors of this Website.

 

Cancellation of an Order/ Returns

    1. If a Customer wishes to cancel an order the Customer must e-mail [E-mail Address], giving all the details of the order within seven (7) days of placing the order or [forty eight (48) hours] of receiving the order. For the avoidance of doubt, the Customer will have seven (7) days from receipt of the Goods in which to return them in accordance with Clause 7.1.

    2. FiveGoMad will deem this as written confirmation that the Customer wishes to cancel the contract.

    3. In the event that FiveGoMad receives the cancellation notice before the Goods have been dispatched, FiveGoMad will arrange for a full refund of the amount paid to the account from which the payment was deducted.

    4. In the event that the order has already been dispatched to the Customer, the Customer will be refunded the amount paid to FiveGoMad in accordance with the Cooling Off Period.

    5. In the event that the Goods become unavailable before being dispatched, FiveGoMad shall refund to the Customer only the sum paid by the Customer.

 

  1. Termination

    1. FiveGoMad may terminate its legal agreement with the Customer immediately if:

      1. The Customer breaches any provisions of these Terms and Conditions or the terms of the Privacy Policy;

      2. FiveGoMad is required to do so by law;

      3. FiveGoMad elects to terminate access to this Website to Customers situated in the country in which the Customer is resident or from which the Customer may wish to access this Website;

      4. The Customer is found to be manipulating this Website by doing, but not limited to, hacking, using Trojan programmes, attempting to launch automated systems, spiders or offline readers;

      5. The Customer attempts to harvest personal information located on this Website.

    2. Upon termination, all of the legal rights, obligations and liabilities that the Customer and FiveGoMad have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of Clauses 13, 14, 15 and 17 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.

  1. Data Protection and Confidentiality

    1. FiveGoMad has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 (“the Act”) and will comply with the provisions of the Act.

    2. All personal data collected by FiveGoMad about the Customer (if any) is strictly confidential and will not be shared with any third party except as required by law, and FiveGoMad will only use personal data collected about Customers in accordance with the Act and as detailed in the Privacy Policy.

    3. Customers’ data (as defined in the Privacy Policy) used by FiveGoMad will be stored and encrypted in a secure database in accordance with the provisions of the Data Protection Act 1998.

    4. Customers’ data may be used to inform Customers of any offers or news from FiveGoMad. In the event that the Customer does not wish the Customer’s data to be used in this manner, the Customer may opt-out in accordance with the terms of the Privacy Policy.

 

  1. Entire Agreement and Severability

    1. These Terms and Conditions and the Privacy Policy constitute the entire understanding between the parties with respect to the subject matter of this Website and supersede all prior terms and agreements between the parties relating to it.

    2. If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the Customer breaches these Terms and Conditions and FiveGoMad takes no action against the Customer, FiveGoMad will not be considered to have given up its rights to pursue in relation to the alleged or actual breach according to these Terms and Conditions.

 

  1. Notices

    1. Any notice to be served under these Terms and Conditions shall be in writing and served upon the other party at its address (in the case of FiveGoMad as set out above, and in the case of the Customer as provided during registration or purchase of the Goods) either by hand, by first class pre-paid post or email and shall be deemed served 48 hours after posting if sent by post, or on delivery if delivered by hand or email.

 

  1. Force Majeure

    1. FiveGoMad shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:

      1. Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;

      2. War, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or

      3. Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.

 

  1. Jurisdiction and Choice of Law

    1. These Terms and Conditions shall be governed by the laws of England and Wales and the Customer agrees to submit to the exclusive jurisdiction of the English courts. The Customer accepts that nothing in this clause shall prevent FiveGoMad from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.

 

  1. Acceptance

    1. The Customer acknowledges that the Customer has read and accepts these Terms and Conditions for use of this Website by ticking the box below before proceeding to purchase Goods from this Website.

 

 

 

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