Terms & Conditions

OUR TERMS AND CONDITIONS

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.  Information about us and how to contact us

2.1  Who we are. We are Immediate Media Company London Limited, a company registered in England and Wales. Our company registration number is 06189487 and our registered office is at Vineyard House, 44 Brook Green, London W6 7BT. Our registered VAT number is GB 870 0066 51.

2.2  How to contact us. You can contact us by telephoning our customer service team at 020 7150 5320 (please note our phone lines are open Monday to Friday 10am to 4pm), or by writing to us by email at store@5minutefun.com or by post to 5 Minute Fun Shop, 4th Floor, Immediate Media, 44 Brook Green, London W6 7BT.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will only take place when we send you a further email confirming that your order has been dispatched, at which point a contract will come into existence between you and us. This contract will relate only to those products whose dispatch we have confirmed in our email.  We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation email.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4  We only sell to the UK and Channel Islands. Our site is only intended for use by people resident in the UK and Channel Islands.  Unfortunately we do not accept orders from or deliver to addresses outside the UK and Channel Islands.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your purchase (see clause 7 - Your rights to cancel your purchase).

6. PROVIDING THE PRODUCTS

6.1  Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2  When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Please see our “Delivery Information” page for more information.

6.3  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your purchase and receive a refund for any products you have paid for but not received.

6.4  When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us. In the event your product(s) cannot be posted through your letterbox and no-one is available to take delivery, you will be responsible for collecting it from the relevant delivery depot.  

6.5  When you own goods. You own a product once we have received payment in full.

6.6  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)  deal with technical problems or make minor technical changes; or

(b)  update the product to reflect changes in relevant laws and regulatory requirements.

6.7  Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to cancel your purchase of a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product after you cancel your purchase.

7.   Your rights to cancel your purchase

7.1  Cancelling your purchase from us.  Your rights when you wish to cancel your purchase will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to cancel:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to cancel your purchase (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;

(b)  If you want to cancel your purchase because of something we have done or have told you we are going to do, see clause 7.2;

(c)  If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

7.2  Cancelling your purchase because of something we have done or are going to do. If you are cancelling your purchase for a reason set out at (a) to (d) below the contract between us will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(c)  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or

(d)  you have a legal right to cancel your purchase because of something we have done wrong.

7.3  Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind and cancel your purchase within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4  When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

(a)  Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(b) sealed audio or DVD recordings once these products are unsealed after you receive them; and

(c)  any products which become mixed inseparably with other items after their delivery.

7.5  How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless:

(a)  Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.

(b)  Your goods are for regular delivery over a set period.  In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

8.   Returning the products

8.1 Returning products after cancelling your purchase. If you want to cancel your purchase for any reason after products have been dispatched to you or you have received them, you must return them to us. Further details of how to return your order to us (including the address to return it to) are set out in the despatch note which will be included in your parcel. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to cancel your purchase.

8.2  When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

8.3  How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.4  Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)  we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;

(b) the maximum refund for delivery costs will be the costs of the delivery method we offer. If we offer more than one delivery method, the maximum refund will be the least expensive delivery method offered; for example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

8.5 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.1.

9. OUR RIGHTS TO END THE CONTRACT

9.1   We may end the contract if you break it. We may end our contract for the sale of a product at any time by writing to you if you do not make any payment to us when it is due or you do not, within a reasonable time, allow us to deliver the products to you.

10. IF THERE IS A PROBLEM WITH THE PRODUCT

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02071505319 (please note our phone lines are open Monday to Friday 10am to 4pm), or write to us by email at store@5minutefun.com or by post to 5 Minute Fun Shop, 4th Floor, Immediate Media, 44 Brook Green, London W6 7BT.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage.

11. PRICE AND PAYMENT

11.1  Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.  

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.4 When you must pay and how you must pay. We accept payment by all major credit and debit cards and PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a 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 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.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.  HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we will use your personal information. We will use the personal information you provide to us in accordance with our privacy policy in order to:

(a)  to supply the products to you;

(b)  to process your payment for the products; and

(c)  if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

13.2  We will only give your personal information to third parties where the law either requires or allows us to do so.

14.  OTHER IMPORTANT TERMS

14.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.3  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.5  Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

14.6  Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, we will provide you with contact details of the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to European Commission Online Dispute Resolution Platform, please click on the following link for more details - European Commission Online Dispute Resolution Platform