2.6Personal Information you provide to the extent due to your breach of these terms and conditions or circumstances beyond our reasonable control.

3. Price and Payment

3.1. We will use all reasonable commercial endeavours to display accurate and up to date prices on the App. We may operate dynamic pricing some of the time, which means that prices of Items may change while you are browsing. More generally, prices can also change at any time at our discretion.

3.2. The description of the merchandise will be as stated on our App at the time of purchase.

3.3The prices displayed for the merchandise on our App are inclusive of VAT. You confirm that you are using our Service for personal, non-commercial use unless you request a VAT invoice.

3.4. We have made every effort to make clear whether the quoted prices for merchandise available through the App include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.

3.5. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our App.

3.6.The total price of your order will be set out on the checkout page on our App, including the prices of Items and applicable Service Fees and taxes.

3.7. Payment should proceed with a credit or debit card that we accept (see below for current accepted payment providers); and be authorised to use that credit or debit card that it is in your name or you are authorized to use it.

3.8. We only accept credit card payments made by Visa, MasterCard and/or other payment methods which we may decide from time to time. When you place an order, you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order and you warrant to us that you shall be authorised to make such payment. Title in the merchandise does not pass to you until payment has been received in full.

3.9. You may choose to save your debit or credit card details in your mobile device. We will not save your card details in our system.

3.10. We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transactions, and in no event shall any such losses in whole or in part be borne by us and the relevant payment gateway.

3.11. By clicking the “Place Order” button on the checkout page, you are offering to purchase the relevant products placed in the cart from us; and your offer to purchase is accepted by us when we process payment. Your order for the products is subject to these terms and conditions, which form a legally binding contract between you and us.

3.12. After checking out, if you have previously registered your email in your account settings, an invoice will be sent to you via the email you provided. This email address will not be saved in our system but on your local mobile device only. If by any means you have disposed of our app or the data within, the email address provided will be deleted.

3.13. If you have not registered your email in account settings, you will be given the chance to receive your invoice by entering your email address after checkout, leaving that page will result in not being able to retrieve the invoice in the form of email.

4. Merchandise Pickup

4.1. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise is collected or picked up from the store. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order without any refund or compensation to you in the event of your failure to pick up or collect the merchandise for any reason.

4.2. We may deliver the merchandise to one or more collection lockers. Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be available for pickup, are only estimates. If we are unable to meet any stated available times, we will inform you as to the progress of your order.

4.3. You will become the owner of the merchandise you have ordered immediately upon collection by you. The merchandise will be held at your own risk and we will not be liable for any loss or damage.

4.4. After the Customer Locker has been closed, you will have 3 minutes ‘Reopen Time’ to reopen the locker, if you have left any merchandise inside or if you would like to double check. After the Reopen time ends, the locker will be locked and you will not be able to reopen the locker.

4.5. If your order contains products that require age verification, an ID check and verification process will be performed by an age verification function prior to opening the locker and may be performed at the store by our member of staff.

4.6. Your order will be considered as ‘Order Complete’ if:
4.6.1. The Reopen time has ended or;
4.6.2. You press the ‘Confirm’ button on the app in your mobile device

4.7. We provide both perishable and non-perishable merchandise on our app, it is crucial that you follow the instructions and labels regarding their storage and shelf life. We also have different return policies for perishable and non-perishable merchandise, see Section 5 below.

5. Your rights to cancellation, repair or replacement

5.1. You have the right to cancel your order and receive a refund within fourteen (14) days of receipt of your purchased merchandise. You will then have another fourteen (14) days, from the notified date, to return the merchandise to our Headquarters’ address: Unit 320 Metroplex Business Park, Salford Quays, M50 2UE.

5.2. Refund shall be made within 14 days after we have confirmed receipt of the returned merchandise or the day on which you supply evidence of having sent the merchandise back (if earlier).

5.3. The refund shall include all associated payments we received from you. However, there may be a reduction in the refund for the loss in value of the merchandise supplied if the merchandise has been used or damaged beyond what is reasonable to inspect the purchase.

5.4. The refund will be made through the same means of payment as in your initial payment, unless you have expressly agreed otherwise.

5.5 Some of our merchandise is liable to deteriorate or expire rapidly (‘perishable goods’), such as fresh meat, flowers or dairy products. Perishable goods are non-refundable unless they were faulty when sold. If the merchandise expires before a 30-day period upon purchase, your right to a refund shall last for the expected life of the merchandise, unless the reason expressed is accepted by us.

5.6. If the order is cancelled by us, if you have already made any payment, we will make a refund on any sum deducted by us from your credit card for that particular order that is cancelled. You agree and accept that we will not be obliged to offer any compensation for disappointment suffered.

5.7. You may lose your right to cancel your order if:

5.7.1.the merchandise has been unsealed after purchase and are unhygienic to return due to health reasons;

5.7.2.the merchandise is newspapers or magazines;

5.7.3.the purchase worth £42 or less;

5.7.4.the merchandise is unsealed Audio, Video or Computer Software products that were sealed at the time of collection; or

5.7.5.the merchandise appears to have been consumed, or partly consumed, or is not in its original condition.

5.8. If the merchandise is found to be faulty, not fit for a particular purpose or not as described, you have a right to have it repaired or replaced. Please contact us via email at customerservice@in-five.co.uk for arrangement and return the merchandise to us within 6 months.

5.8.1.Please make sure all returned merchandise is well packaged and sent with a trackable, insured service, as we cannot take responsibility for items damaged or lost in the return transit.

5.8.2.We reserve our right not to offer repair or replacement if we can prove that the merchandise was not faulty when you purchased it.

5.8.3.If you request for a repair or replacement after 6 months, we may ask you to prove an item was faulty when you bought it.

5.8.4.If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you may have a further right to a reduction of the price you paid, or to reject the merchandise for a full refund.

5.9. If an error in the merchandise description is found either after or at the time of our acceptance of your purchase, we shall contact you either by phone or email using the info registered to your account. You shall have the option to either re-confirm your purchase merchandise or cancel the purchase of the specific merchandise, unless otherwise specified. We shall not process your order before a written re-confirmation is received from you. The refund will be made in the same payment method we received, unless you have expressly agreed otherwise.

5.10. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such cases our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you. This does not affect and is in addition to your statutory rights as a consumer.

6. Telecommunications

6.1. You agree to receive purchase- related communications from us electronically, including but not limited to means via e-mail, and our Message Centre.
We will not send you direct marketing messages unless you ‘opt-in’.

6.2. You may perform ‘opt-in’ consent to enable GPS location tracking so that we can inform you of the closest unmanned store to your location when you want to purchase goods using the App.

6.3. You may contact us via in-app communication function, email and customer hotline at 01613 889 816.

7. Disclaimer of Warranties and Limitation of Liability

7.1. We do not represent or warrant that:

7.1.1.access to the App (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free.

7.1.2.the App or any of its contents will be accurate, complete or reliable.

7.1.3.any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any particular purpose (even if that purpose has been previously notified to us); or

7.1.4.that our website is secure or free from viruses or bugs, you should use your own anti-virus software, configure your own computer programmes and platforms to access our website or application.

7.2. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

7.2.1.any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the App (including using our applications or software) or any information on the App;

7.2.2.the unavailability of the App (or any part of it), merchandise or services;

7.2.3.any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;

7.2.4.any merchandise not being of merchantable quality or fit for their intended purpose; or

7.2.5.any misrepresentation on or relating to the App, the merchandise or the services.

7.3. Save as required by law, we shall have no liability to you under or on connection with these terms and conditions for:

7.3.1.any indirect or consequential loss, damage or expenses or for any loss of profits, anticipated savings, business or goodwill (in each case, whether such losses are direct, indirect or consequential), or

7.3.2. for any failure to provide or delay in providing our services through the App resulting from any event or circumstance beyond our reasonable control.

7.4. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

7.5. Nothing in these terms and conditions shall limit or exclude either party’s liability for:

7.5.1.Death or personal injury caused by negligence;

7.5.2.fraud or fraudulent misrepresentation; or

7.5.3.any other liability to the extent it may not be limited or excluded under applicable laws.

8. Warranties by you

8.1. You represent, warrant and covenant that you will not:

8.1.1.use the App for any fraudulent or unlawful purpose;

8.1.2.use the App to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

8.1.3.interfere with or disrupt the operation of the App or the servers or networks used to make the App available; or violate any requirements, procedures, policies or regulations of such networks;

8.1.4.transmit or otherwise make available in connection with the App any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

8.1.5.reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the App (including our applications or software);

8.1.6.modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the App (including our applications or software);

8.1.7.frame or mirror any part of the site without our express prior written consent;

8.1.8.create a database by systematically downloading and storing the Content, User Content or any site content; or

8.1.9.infringe any copyright, design right and intellectual property right in the merchandise.

8.2. Comments you post on our service:

8.2.1.Comments, photos and other content or communications may be posted on our service, provided that the content is not illegal, threatening, invasive of privacy, infringing of intellectual property rights (including publicity rights) or injurious to third parties.

8.2.2.You must not post anything that contains software viruses, political campaigning, commercial solicitation, mass mailings or any form of unsolicited commercial electronic messages.

8.2.3.We reserve the right (but not the obligation) to remove or edit such content.

8.2.4.If you do post any content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity

8.2.5.You will indemnify the Company in respect of any and all claims resulting from any content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

8.3. You must not attempt to gain unauthorized access to our website, application, server, computer or database connected to our website or application. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. This would be a criminal offence under the Computer Misuse Act 1990. We will report to and co-operate with the relevant law enforcement authorities when a data breach is detected. In the event of such breach, your right to use our website will cease immediately.

9. Content

9.1. Subject to these terms and conditions, you may use the Content for your own personal purposes.

9.2. Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:

9.2.1.use the Content for any commercial or other non-personal purpose;

9.2.2.make any copies of the Content or transfer the Content to any other device or any other person; or

9.2.3.otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.

9.3. You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.

9.4. We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but give no warranties and make no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it.

9.5. You agree that responsibility for the content of advertisements appearing on the App rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on the App.

10. Indemnity

10.1.You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of your breach of these terms and conditions.

11. Website Linkages

11.1. Certain links, including hypertext links, in the App will take you outside the App. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by ass of the linked site, its operator or its content. We are not responsible for the content of any website outside the App.

11.2. External internet sites may link to our website or App, we have no control over the content and nature of those sites. We do not endorse, guarantee or approve any products, content, service and opinions provided on the external internal internet sites.

11.3. You may link to the Apps, provided that no damage is done to, or advantage is taken from our physical and intellectual properties. You may not link to the App in suggesting any form of approval, endorsement or association on our part where none exists.

12. Termination

12.1. We reserve the right at our sole discretion to terminate your account permanently without notice and to decline to provide our services if you breach these terms and conditions.

12.2. Any rights that have accrued to either party under these terms and conditions at the date of termination will remain enforceable after termination.

12.3 If we terminate your account permanently, we will not reimburse any remaining account credit points you have validly obtained from our customer service team or the App.

13. Intellectual Property

13.1. All intellectual property rights in the Content, User Content, design, text, graphics and other material on the App and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorisation used without our prior written permission is strictly prohibited. All other rights are reserved to us.
13.2. All trademarks, product names and company names or logos used in the App are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.

14. General

14.1. Where in these terms representations and warranties are made to us and to suppliers of merchandise through the App, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you.

14.2.We reserve the right at any time without notice to revise the content of the App (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on the App and by continuing to use the App following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.

14.3.If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.

14.4.We may assign and transfer our rights and obligations under these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.

14.5.You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our prior written consent.

14.6.These terms and conditions set forth the entire agreement and understanding of the parties in connection with their subject matter and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.

14.7.No person who is not a party to these terms and conditions shall be entitled to enforce any provision of these terms and conditions, whether pursuant to the Contracts (Rights of Third Parties) Act or otherwise.

14.8.These terms and conditions are governed by the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.