Use of Our Services
Please read the following important terms and conditions before you use or buy anything on our website www.www.fifthandblue.com (Site) and check that they do not contain anything that you are not willing to agree to.
Please ensure that as well as reading the following terms set out here (Terms) to which you have agreed by using this Site, you should also refer to the terms and conditions of the applicable seller ("Seller”) on their home or product pages (Shopfront) before making any order for goods on this Site, as when you decide to purchase goods, the resulting legal contract is between you and the Seller and the contract shall comprise of these Terms (and any documents referred to in them), the email confirmation of your order and the applicable details on the Seller’s Shopfront and you agree to be bound by all such provisions.
These Terms apply to your use of our Site whether or not you purchase any goods.
Summary of some of your key rights:
If you buy goods on our Site, the contract shall be between you and the Seller By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that you must be given certain key information before entering into a legally binding contract (see below). We request that our Sellers comply with these regulations and will give you this information in a clear and understandable way. Some of this information is also set out in this contract, such as information on our complaint handling policy.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
—up to 30 days: if your goods are faulty, then you can get a refund;
—up to six months: if they can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
—up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace our Terms or each Seller’s terms as set out on the Shopfront all of which you should read carefully.
If you don’t understand any of this contract and/ or want to talk to us about it, please contact us by email at Hello@fifthandblue.com, we will be available to pick up and respond to such emails on Mondays to Fridays: 10 am to 5 pm (excluding bank or public holidays
WHO ARE WE?
This contract sets out your rights and responsibilities when you purchase goods on our Site or use our Site or any other services provided by us (“Services”), so please read it carefully. By using any of our Services (which includes browsing our Site), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
Acceptable use policy
means Part C of these Terms, which governs your permitted use of the Site;
means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
means an individual seller or (together) the sellers who sell goods on our Site;
means the home or product page allocated to each Seller who sell goods on our Site;
Terms and Conditions of Use
Terms and Conditions for the Supply of Goods
means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;
means these Terms and Conditions and any other documents referred to in them;
means Part B of these Terms
means Part A of these Terms
has the meaning given to it in clause 7.1, Part B of these Terms;
means Fifth & Blue Limited, company registration number 11305328, the registered office of which is International House, 24 Holborn Viaduct, London EC1A 2BN (and us or our shall have the same meaning); and
means the person accessing or using the Site or its Content (and your shall have the same meaning).
Terms and Conditions for the Supply of Goods
1.1 If you buy goods on our Site you agree to be legally bound by this contract.
1.2 You may only buy goods from our Site for non-business reasons.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any goods you also agree to be legally bound by:
1.4.1 These Terms and any documents referred to in them;
1.4.2 each Seller has its own section on the Site (Shopfront). The Seller’s terms and conditions will apply to any purchases you make from that Seller which are available on the relevant Seller’s Shopfront;
1.4.3 the terms and conditions of any loyalty programme and any documents referred to in them, where relevant;
1.4.4 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. In the event that such changes are material and may affect your rights hereunder we will notify you in advance on the Site to let you know of such changes. You can terminate your account or stop using our Services at any time if we tell you extra terms apply (however you must first ensure that you have paid for all goods purchased first); and
All of the above documents including all documents referred to in these Terms form part of this contract as though set out in full here.
2. Information we give you
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. Ordering goods from us
3.1 Below, we set out how a legally binding contract is made on our Site. We are simply a platform for the buying and selling of goods by Sellers on our Site in accordance with that Seller’s terms and any contract formed will be directly between you and the Seller.
3.2 You place an order on the Site by selecting the product, quantity and size and adding it to your cart from the relevant Shopfront. Once you press the ‘Checkout’ button from your cart, you will then be asked to add your contact, shipping details and finally payment method. Once you have added your payment details you are given a further opportunity to review your order. Please read and check your order carefully before submitting it by clicking on the ‘Pay Now’ button. When you make a purchase on our Site, the contract shall be between you and the Seller and shall consist of these terms, the email confirmation and the Seller’s terms as specified on the Seller’s Shopfront. In the event of any conflict between any of these documents, these terms will take precedence.
3.3 When you place your order at the end of the online checkout process on the Seller’s Shopfront (eg when you click on the ‘pay now’ button), it will be acknowledged by email. This acknowledgement does not, however, mean that your order has been accepted.
3.4 You may then be contacted to say that your order has not been accepted. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from the Seller;
(d) the Seller is not allowed to sell the goods to you;
(e) you have ordered too many goods; or
(f) there has been a mistake on the pricing or description of the goods.
Your order will only be accepted when you receive an email you to confirm your order is on its way (Confirmation Email). At this point:
(i) a legally binding contract will be in place between you and the Seller; and
(ii) dispatch of the goods shall be in accordance with the Seller’s terms.
3.5 You may not be able to buy certain goods because you are too young. If so this will be specified on the relevant Shopfront.
3.6 We carefully select our Sellers for the quality of their goods however, we give no undertaking or warranty that the goods you purchase from the Site are of satisfactory quality or are otherwise suitable for you. We cannot review and inspect all listings offered by our Sellers. However, this does not affect your legal rights against the Seller. See clause 8 of this Part A and your Key Rights as specified above.
4.1 The Seller from whom you make a purchase will provide on the Shopfront details, methods and timing of deliveries and delivery costs. Be aware that if you are purchasing goods from our Site for delivery outside the UK, such goods may be subject to import duties and taxes for which you will be responsible.
5. Returns and Refunds
Please refer to the relevant Shopfront for details of the Seller’s returns and refund policy and ensure you are happy with these before you make a purchase.
6.1 Each Seller is free to set its prices for the goods it offers on its Shopfront and for the charges it levies for postage.
7. Nature of the goods
7.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
7.1.2 are fit for purpose; and
7.1.3 match the description, sample or model; and
7.2 The Seller must provide you with goods that comply with your legal rights.
8. Faulty goods
8.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
8.3 If you are having an issue with any of our Sellers please contact us using our contact details at the top of this page and we will endeavour to help you.
TERMS AND CONDITIONS OF USE OF THE SITE
This Part B explains how you may use this Site which is provided by us free of charge.
1. The Site is for your personal and non-commercial use only.
2. You agree that you are solely responsible for:
(b) keeping your password and other account details confidential.
3. The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
4. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
5. Your privacy and personal information
6. Ownership, use and intellectual property rights
6.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors (including the Sellers on our Site) or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
6.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
6.3 Trademarks: Any trademarks on the Site are our trademarks and those of our Sellers. Other trademarks and trade names may also be used on the Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
7. Submitting information to the Site
7.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
8. Accuracy of information and availability of the Site
8.2 We may suspend or terminate operation of the Site at any time as we see fit.
8.3 You may have certain legal rights when using the Site (such as where you purchase goods from our Site. These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of these Terms
8.4 Content is provided for your general information purposes only and to inform you about us and our Sellers’ products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
8.5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
9. Hyperlinks and third party sites
10. Limitation on our liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part;
(c) business losses; and
(d) losses to non-consumers.
Terms and Conditions of Acceptable Use
1. Acceptable use
2. Restrictions on use
2.1.2 not to use the Site to commit any act of fraud;
2.1.3 not to use the Site to distribute viruses or malware or other similar harmful software code;
2.1.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
2.1.5 not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
2.1.6 not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity including our Sellers;
2.1.7 not to use the Site in any manner that harms minors;
2.1.8 not to promote any unlawful activity;
2.1.9 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
2.1.10 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
2.1.11 not to attempt to circumvent password or user authentication methods; and
2.1.12 to comply with the provisions relating to our intellectual property rights and software as set out in Part B of these Terms.
3. Interactive Services
3.1 We may make bulletin boards, chat rooms, review facilities, Seller messaging service or other communication services (Interactive Services) available on the Site.
3.2 We are not obliged to monitor or moderate Submissions to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
3.3 We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.
3.4 Any Submission you make must comply with our Submission standards set out below.
4. Submission standards
4.1.2 factually accurate or your own genuinely held belief;
4.1.3 provided with the necessary consent of any third party;
4.1.4 not defamatory or likely to give rise to an allegation of defamation;
4.1.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
4.1.6 unlikely to cause offence, embarrassment or annoyance to others.
5. Linking and framing
5.1.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
5.1.3 displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or
5.1.4 is placed on a website that itself does not meet the acceptable use requirements of this Policy.
5.2 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
6. Using our or our Sellers’ name and logo
We shall apply the terms of this Acceptable Use Policy in our absolute discretion. In the event of your breach of these Terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
8. Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, consequences of Brexit, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
9. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated 26 April 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this paragraph. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
11.1 We will try to resolve any disputes with you quickly and efficiently. We are not required to resolve your dispute with a Seller however if you do have a dispute with any of our Sellers, please see clause 8.3, Part A above.
11.2 If you are unhappy with us please contact us as soon as possible using our contact details at the top of this page.
11.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
• give you certain information about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal:, https://webgate.ec.europa.eu/odr/].
11.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
11.5 Relevant United Kingdom law will apply to these Terms.