A QUICK NOTE FROM OUR 14 YEAR OLD LEGAL GURU
Hi, I’m Barnaby, HOPE’s legal guru. My legal team who knows what they are doing wrote Terms and Conditions for you to read. Please don’t think that Terms and Conditions are about school term times and weather conditions. They’re not! Please read them, there are 22 sections and the word "terms" is said 33 times. it’s about what we promise to do and what you promise to do or what you can do. There’s a lot of stuff about what everyone does or may do. If when you have read you have an idea of how I can make it better, please send your suggestion to email@example.com that I can get someone who knows what they are doing to implement it.
HOPE 5D LIMITED TERMS AND CONDITIONS
1. Introduction and Overview
You are entering into an agreement with:
HOPE 5D Limited (“we”, “us”)
Please read these Terms and Conditions (“Terms”) carefully before using the HOPE5D.com website (“our website”, “our services”). Our website offers users an online shopping experience. The conditions under which you may use our website, and your rights and obligations are set forth by these Terms.
By accessing and/or purchasing something from us, you agree that you have read, understood, and are bound by these Terms, including any policies referred to in this document. If you do not agree to these Terms, you may not access or use our services.
We reserve the right to modify the Terms at any time, and in the event of any modification to the Terms, your continued use of the website represents your acceptance of the changes. It is your obligation to ensure that you have read the latest version of this agreement.
These Terms apply to all visitors, including users, vendors, customers, merchants. For some of our services, you may have additional Terms to accept so please be aware of this. In case of any conflict between this agreement and the additional terms, note that the latter will apply to you.
If any of the Terms are found to be invalid, void, or unenforceable for any reason, only those specific Terms will be considered severable. The legality and enforceability of the remaining Terms will be unaffected.
2. About Us
We are a Private Limited Company registered in England and Wales under company number 12026927 and with our registered office at 1 Paris Gardens, London SE1 8ND.
3. About You
By purchasing from this website, you warrant that:
• You are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old); and
• You are an authorised user of a credit or debit card or payment account (i.e., Paypal) used to pay for your order; and
If you are legally incapable of entering into a contract with us, you must obtain your parent(s) or legal guardian(s) consent before making an order with us. Alternatively, you may get your parent or legal guardian to place an order with us on your behalf.
4. Our Services
These Terms cover the following products and services that are accessed and/or used in any way, which are operated by or otherwise made available by HOPE 5D Limited or its affiliates:
• HOPE 5D Limited’s website (www.hope5d.com)
• All email newsletters published or distributed by HOPE 5D Limited; and
• All other interactive features, services, and communications provided by HOPE 5D Limited.
5. Using Our Website
If you choose to use our website, you can:
• Register an account with us; and
• Purchase merchandise and other products available on the website.
You must not use our services:
• In any way that causes, or is likely to cause our services, or any access to it to be interrupted, damaged or impaired in any way; or
• For fraudulent purposes, or in connection with a criminal offence or other unlawful activity. (e.g use viruses, trojans, worms or other technically harmful material); or
• To get into possession, use or disclose personal data of other customers.
6. Placing an Order
Your order constitutes an offer you make to us to buy the chosen merchandise. When you place an order, we will send you a notification via email confirming receipt of your order and the details of your order (“Order Confirmation Notification”). This notification is an acknowledgement that we have received your order. It does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you when we dispatch the product to you and send a notification to you (“Dispatch Confirmation Notification”).
If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation Notification for each package. Each Dispatch Confirmation Notification and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation Notification.
You will not be able to make any changes to your order once you place it. However, you may cancel your order within a short amount of time after placing it. The timeframe depends on the delivery option you choose and will be specified in the confirmation email.
All orders are subject to availability and the products remain the property of HOPE 5D Limited until full payment of the purchase price is received and the items have been delivered.
We may, in the unlikely circumstances, freeze or suspend your account in instances where we notice something unusual on your order or account. If you think we have made a mistake, please contact firstname.lastname@example.org
7. Your Account and Billing Information
To complete a purchase, you may be required to create an account. It is important to understand that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept liability for all activities that occur under your account or password, to the extent permitted by applicable law. If you have any reason to suspect that your password has become known to others, or if the password is being used in an unlawful manner; you must notify us immediately by contacting us at email@example.com
You are under an obligation to ensure that the details you provide to us are correct, complete and inform us of any change (your name, address, bank details, email address etc.,). You can access your information in the ‘Your Account’ section of the website.
When using your account with us, you may not impersonate someone else, use a fraudulent e-mail address, or otherwise deceive us or any third parties.
We reserve the right to refuse service or terminate accounts if you are in breach of applicable laws, these Terms, guidelines, or policies.
You will be requested to enter your payment information as part of the checkout procedure. You confirm that the credit/debit card being used is valid and that it is yours by filling out your payment information. All card payments are subject to your card issuer's approval.
8. Personal Information
9. Prices and Product Information
Unless expressly indicated otherwise, we are not the sole manufacturer of the products.
We strive to keep product descriptions, prices, packaging, and shipping charges accurate, complete, and up to date; nonetheless, some products may be priced incorrectly or include more or different information than we display. If we discover a problem with the goods you ordered, we will notify you and give you the option of keeping or cancelling the order. If we are unable to contact you, we shall consider your order to be cancelled. We reserve the right to correct any errors, amend, or update the information without any prior warning.
Always read labels, warnings and directions provided before using the product. We accept no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
Pictures, illustrations or descriptions or any other information available on our display are for general information and guidance. There may be minor variations between the goods as shown or described on our display and those dispatched to you without affecting their function, quality, or price. Additionally, the colours of the products may appear differently in real life to the ones shown online. As such, we cannot make such guarantees.
It is critical to be aware that all prices are inclusive of VAT for orders within the United Kingdom.
In general, the cost of ‘standard delivery’ is included in the price of the product for orders within the United Kingdom. You will be able to see the additional expenses included in the "Total Costs" throughout the checkout process. Delivery cost will vary depending on the method you select and the delivery address.
The characters and narratives depicted on the website, as well as the issues and their descriptions are purely fictional and serve as a basis to illustrate our marketing objective behind each brand. Any resemblance to real persons, living or dead, is purely coincidental.
The celebrities displayed alongside our products have no affiliation with Humanitarian Operations, HOPE 5D Ltd and HOPE 3G Ltd. We do not in any way intend to infringe on their intellectual property rights. The children admire their accomplishment and think they should be a beacon to all in having experienced homelessness and is the reason why they are at the forefront of the charitable cause of our Golden Wear products.
When finalising your order, various delivery options will be presented to you based on the delivery address for that order, along with projected delivery cost, dates and times.
We aim to deliver the products you have purchased from us as soon as they are ready to be shipped. You will receive a Dispatch Confirmation Notification indicating that the items are on their way to you.
A signature may be required, so we suggest your order is delivered to an address where someone will be available to accept it. If you are not in when your parcel arrives, our delivery partner will leave a card telling you where it is. It might be left in a safe place or there will be details showing how to pick up your order or rearrange delivery.
We will not be liable or responsible for any failure to perform, or delay in delivering a product or performing any of our obligations under these Terms and Conditions or any Contract if it is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non- happening, omission, or accident beyond our reasonable control (earthquakes, floods, pandemic, war etc.).
Our performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.
11. Returns and Refunds
This clause complies with the United Kingdom’s Consumer Rights Act of 2015 and the United Kingdom’s Consumer Contracts Act of 2014.
Returning an unwanted item?
We will only accept returns from countries outside of the United Kingdom if the order is above £50. You will be refunded for the price of the purchased item(s) and please contact customer service firstname.lastname@example.org that we can give You return instructions for your country.
You may be eligible to return the item(s) pursuant to the following terms:
• Upon receiving an Order Confirmation Notification, you will be able to cancel your order at any time prior to your items being dispatched.
• You will not be able to cancel your order after you have received a Dispatch Confirmation Notification
• Once you have received your item(s), you may only return the item(s) if the condition is faulty, unsatisfactory, or unfit for purpose.
What happens next?
You must inform us of your decision to return the item(s) within 30 days of receiving it (“Notification Period”). You can do this by emailing us at email@example.com.Please include your proof of purchase. If your item(s) are eligible for return, we will work with you to create the easiest possible returns procedure for you.
You should return the item(s) within 10 days of us informing you of the return procedure [‘Return Period’] and we will give you a full refund by way of the original payment method. We will make every effort to issue a refund within 20 days of receiving the returned item(s).
In the UK, the item(s) must be returned to: HOPE 5D Ltd., 1 Paris Garden, London, SE1 8ND.
You are solely responsible for the item(s)’ return to this address. Please ensure the item(s) are packaged carefully to ensure they are not damaged in shipping. Ensure you get proof of postage in case you need to contact us about your return.
It can take up to 10 days for a return to be received and assessed. Please make sure you keep the proof of postage as we may need it.
We will not generate a return label if you have informed us of your decision to return the item(s) after the Notification Period mentioned above. You will not be able to return the item(s) after the relevant Return Period mentioned above. If you try to return the item(s) to us after this time, we may have to send it back to your delivery address and ask you to cover the cost of postage.
All returned item(s) must be delivered back to us in the original condition as they were received.
If any item is damaged by you, washed, altered, worn-out, or in an unsaleable condition, we reserve the right not to offer a refund and may send it back to you with a request that you cover the shipping costs. It is perfectly acceptable to try on an item, but make sure there are no marks, traces of deodorant or make-up etc. on it.
We have the right to refuse a return if:
• The original tags or labels are no longer intact and/or connected to the relevant item(s); or
• If the item(s) have been damaged by you, washed, altered, worn-out, or in an unsaleable condition; or
• If the item(s) returned to us do not match what you received; or
• If you have returned the item(s) after expiry of the Return Period.
If the returned item(s) is damaged by you, washed, altered, or worn-out, or in an unsaleable condition, we will not be able to give you a refund and we may have to send it back to you (and ask you to cover the delivery costs). All items are inspected on return.
If you want to exchange the item(s), you need to return the item(s) following the above guideline and place a new order.
13. Fair Use
We may have to cancel your account if we discover an unusual pattern of returns activity, namely that you are wearing your item and then returning it, or you have made repeated returns without a legitimate reason.
Please note, we reserve the right to take legal action against you if the items you return do not match what you have ordered.
14. IP Rights and Content
All articles, information, content, and other materials presented on our website are property of or licensed to HOPE 5D Limited and are subject to copyright, trademarks, patents and/or other intellectual property rights.
You are prohibited from reproducing, extracting, providing links to, or otherwise communicating or making available to third parties the whole or any part of the content on this website or any resources therein without our express written consent. You acknowledge that, by making use of this website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you. You can only view the content on our website for your personal, non-commercial use.
All product designs, graphics, logos, page headers, button icons, scripts, and service names included or made available through our services are trademarks or trade dress owned by us.
Our trademarks and trade dress may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits HOPE 5D Limited.
All other trademarks and trade dress not owned by us that appear in our services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Portions of our services may operate under licence of one or more patents.
17. Limitations of Liability
You expressly acknowledge and agree that we shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data, or intangible losses even if we have been advised of the possibility of such damage.
Nothing in these Terms shall affect the statutory rights of any individual or exclude or restrict any liability for fraud or for death or personal injury arising from our negligence.
18. General Terms
These general Terms represent a contract between both parties, which is governed by and interpreted in accordance with the laws of England and Wales. Both parties irrevocably agree that any dispute or claim that arises shall be adjudicated exclusively by the Courts of England and Wales, although we may enforce any judgement of such Courts in any other jurisdiction in which you are located.
Any term which may be deemed unenforceable or unlawful and fall to be struck out, or otherwise disregarded by a court shall be done so without prejudice to the rest of the agreement.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Without prior warning, we have the right to update, amend, or replace any portion of these Terms. It is your obligation to check for updates on a regular basis and ensure that you are reading the most recent version.
19. Applicable Law
These Terms and dealings with you are subjected to the laws of England and Wales and are dealt under the exclusive jurisdiction of the English Courts. If you would like to bring a matter to our attention, please contact us.
20. International Access
Our services are provided from the United Kingdom and we make no representation regarding the legality of the services in any other country. It is prohibited to access our website from territories where the content is considered to be illegal. It is your responsibility to make sure that your use of our services is compliant with the applicable laws in your jurisdiction.
If you breach these Terms 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.
22. Our Contact Details
This website is owned and maintained by: HOPE 5D Limited
We hope you enjoy the products as much as we have enjoyed designing them. We really value our supporters and if you would like to give us some feedback, please contact us at firstname.lastname@example.org
We really want you to be happy. If you did not enjoy our services would like to raise a complaint in relation to our Service or Products, please contact us at email@example.com
Alternatively, you may write to us at HOPE 5D Limited, 1 Paris Garden, London SE1 8ND, United Kingdom.