TERMS AND CONDITIONS OF USE
Please read these terms and conditions carefully before using this site.
Who we are and how to contact us
www.fifthman.co.uk is a website operated by Allford Hall Monaghan Morris Ltd, trading as FifthMan ("We"). We are registered in England and Wales under company number 07155322 and have our registered office at Morelands, 5-23 Old Street, London EC1V 9HL, which is also our main trading address. Our VAT number is 985885242. We are regulated by the Royal Institute of British Architects (RIBA), are registered with the Architects Registration Board (ARB) and are subject to their code for architects. We are a limited company.
By using our site you accept these terms
By using our site, you confirm that you accept these terms of use (and the documents referred to in it) and that you agree to comply with them, so please read them carefully before you start to use our site.
There are other terns that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
• Our Cookie Policy which sets out information about the cookies on our site.
• Our Terms and Conditions of Supply (see below), which set out information about purchasing products from our site.
We may make changes to these terms
We revise these terms from time to time by amending this page. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 18 June 2019.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products and activity. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We will try to give you reasonable notice of any major changes. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
Nothing in these terms of use excludes or limited our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in this policy. If you wish to link to or make any use of content on our site other than that set out above, please contact fifthman@ahmm.co.uk.
Applicable Law
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Our trade marks are registered
“FifthMan" and its logo are UK registered trade marks of Allford Hall Monaghan Morris Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted above under How you may use material on our site.
TERMS AND CONDITIONS OF SUPPLY
Please read these terms and conditions carefully before using this site.
These are the terms and conditions by which we supply products – usually books – to you. Please read them 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 [or require any changes], please contact us to discuss.
Who we are and how to contact us
www.fifthman.co.uk is a site operated by Allford Hall Monaghan Morris Ltd, trading as FifthMan ("We"). We are registered in England and Wales under company number 07155322 and have our registered office at Morelands, 5–23 Old Street, London EC1V 9HL, which is also our main trading address. Our VAT number is 985885242. We are regulated by the Royal Institute of British Architects (RIBA), are registered with the Architects Registration Board (ARB) and are subject to their code for architects. We are a limited company. To contact us, please email fifthman@ahmm.co.uk, Alternatively you can telephone us on +44 (0)20 7251 5261 or write to us at Morelands, 5–23 Old Street, London EC1V 9HL.
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.
Note:
• "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
• “Products” are the products available for sale on the FifthMan website, usually books.
Our contract with you
Our acceptance of your order will take place when we email you a confirmation to accept it, at which point a contract will come into existence between you and us. 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. We will assign an order number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the order number whenever you contact us about your order. We only ship to the UK, Europe, USA and Canada. Unfortunately, we do not accept orders from or deliver to addresses outside these territories.
Our products
Our products may vary slightly from their pictures, as the images 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 them.
Our right to make changes
We may change the product to reflect changes in relevant laws and regulatory requirements, and to implement minor technical adjustments and improvements. These changes will not affect your use of the product. In addition, we may make more significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Shipping
We only ship to the UK, Europe, USA and Canada. All shipping costs are calculated at checkout. Please note that any import duties or taxes are your responsibility. FifthMan aims to deliver all mainland UK orders within 5 working days using Royal Mail’s First Class postal service. Sometimes, due to unforeseen circumstances such as severe weather or during busy times like Christmas, Royal Mail deliveries may take a little longer. If you have not received your order with 10 working days, please contact us at fifthman@ahmm.co.uk
If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Risk and Ownership
Our products will become your risk and responsibility from the time we deliver the product to the address you gave us. Legal ownership of the product will only pass to you once we have received payment in full. Legal ownership will immediately revert to us if we refund any such payment to you.
Refunds
We hope that you will be satisfied with our products. If you are not entirely happy, please notify us at fifthman@ahmm.co.uk
If you end the contract for any reason and would like a refund, you must return the products to us within ten working days of the day you received them. The products, including their original packaging, must be returned ‘as new’ in a saleable condition. Unfortunately we cannot cover the cost of return postage. For all returns and refunds please obtain proof of postage as we cannot refund products damaged or lost in transit. We will examine the returned product and notify you of your refund via email within a reasonable period of time. We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
Damaged Products
Every FifthMan product is thoroughly checked before shipping but if you do receive a damaged product please contact us on fifthman@ahmm.co.uk within 48 hours of delivery, letting us know whether you would like an exchange or a refund. We recommend that you inspect your product as soon as it arrives. If you return a damaged product to us, we will examine it and notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of the damaged product in full, as well as any applicable delivery charges and any reasonable costs you incur in returning the item to us. If you have elected to exchange your damaged product, we will examine the returned product and notify you of your exchange via email within a reasonable period of time. We will usually dispatch the exchange to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to an exchange. We will refund any reasonable costs you incur in returning the item to us. We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Law and Jurisdiction
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.