Consumer Terms & Conditions of Use

ALTHOUGH YOU HAVE BEEN LOOKING AT MERCHANDISE ON A SUPPLIER’S (THE “SUPPLIER”) WEBSITE, ANY PURCHASES THAT YOU MAKE WITH A SHIPPING ADDRESS OUTSIDE THE UNITED STATES (AND THEREFORE THROUGH THIS CHECKOUT), WILL BE MADE FROM FIFTYONE (AS MORE FULLY DESCRIBED BELOW).  By visiting this checkout and/or placing an order with FiftyOne, you are agreeing to be bound by the terms & conditions (the “Conditions of Use”) set forth herein.  If you visit or place an order, you accept these conditions. Please read them carefully.

1.    Nature of Transaction.  FiftyOne, Inc. ("FiftyOne" - f/k/a E4X, Inc.) contracts with suppliers in the U.S., including the Supplier, to avail said suppliers’ merchandise to consumers, such as you ("you"), for delivery to addresses outside of the U.S. through the FiftyOne network, and to provide you with an opportunity to purchase such merchandise at a price and in a currency selected by you, inclusive of international shipping costs, brokerage and customs clearance costs, import duty and sales taxes (unless you chose an option, if available, whereby you would be responsible for payment of import duties and/or sales tax), but exclusive of any surcharges which may be imposed by the issuing bank of the credit card you use on transactions with companies domiciled in the United States. By placing an order through this checkout (and therefore with FiftyOne), you acknowledge that your transaction will be with FiftyOne, not with the Supplier, and that upon successful verification by FiftyOne of the authenticity and sufficiency of the payment information you provide, that FiftyOne will purchase the merchandise from the Supplier for the sole purpose of reselling it to you at a price equal to the amounts presented to and agreed-upon by you. FiftyOne will provide the Supplier with its own payment information to purchase the merchandise you have ordered, and FiftyOne will resell such merchandise to you and bill the payment information you have provided. You acknowledge that FiftyOne shall be entitled to verify the authenticity and sufficiency of the payment information you provide, and if FiftyOne is unable to verify the information automatically, FiftyOne representatives may contact you and/or your tender type issuer to confirm your identity and/or your intent to place the order. FiftyOne has not accepted an order from you, and FiftyOne makes no commitment of any kind to provide merchandise to you, until FiftyOne has accepted your order and actually received the merchandise that you ordered from the Supplier.  If you are under 18, considered a minor in your local jurisdiction, or the equivalent thereof, you may use this checkout only with involvement of a parent or guardian. FiftyOne reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

2.    Non-Commercial Use Intent and Compliance with Applicable Export, Import and Sanctions Law(s). Supplier merchandise available through purchase from FiftyOne is intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. Further, by agreeing to these terms and conditions, you are certifying that any items purchased from FiftyOne will not be exported, sold, or transferred in violation of any applicable laws, including the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury. It is your responsibility to know the laws in the country into which you are importing. By purchasing such items you are acknowledging that said import does not violate any laws or regulations in the country into which the purchase will be imported. 

3.    Title to Goods. All items purchased from FiftyOne are made pursuant to a shipment contract. After FiftyOne purchases and takes title to merchandise from the Supplier to fulfill an order you have placed, title of said merchandise shall transfer from FiftyOne to you, in the United States, at the time FiftyOne ships the merchandise to you from FiftyOne's facility in the U.S.

4.    Billing Timing. If you provide a credit card as your tender type, your credit card will be billed by FiftyOne, and charges to your account will be accompanied by the descriptor "51*SUPPLIER", where 51 denotes the FiftyOne network, and SUPPLIER is the Supplier whose merchandise you have purchased through FiftyOne. If you paid using your PayPal account, charges to your account will be accompanied by the descriptor “MERCHANT VIA FIFTYONE”. In either case, you will only be billed after your merchandise has been received, processed and dispatched for delivery by FiftyOne. In the event of the receipt of any parcel from Supplier containing only part of an order, FiftyOne will process the merchandise received, and will only bill for an amount commensurate with the price of the merchandise therein, pro-rated amounts for shipping and/or handling, plus any duty, taxes, VAT (unless FiftyOne and Supplier offered, and you accepted, the option of having your order ship using ‘delivered at place’ (“DAP”) means). Notwithstanding the foregoing, in the event of an order being fulfilled by the Supplier in multiple parcels, unless expressly consented to by you, in no instance will the aggregate amount billed to you by FiftyOne exceed the total amount presented at the time of order placement by you.

5.    Brokers. By ordering goods from FiftyOne, you hereby authorize a licensed customs broker chosen by FiftyOne to act as your agent and transact business with foreign revenue authorities to clear your merchandise, account for duties and taxes on your behalf, return your merchandise and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return. If you return merchandise originally shipped by FiftyOne using logistics services facilitated by Pitney Bowes, Inc., you understand that foreign revenue authorities will send any refund of duties and taxes that were paid on the returned merchandise to directly to FiftyOne's returns logistics partner, Pitney Bowes, Inc. and you will obtain any refund, as applicable, directly from FiftyOne. In this connection, you also authorize the customs broker to endorse any refund check issued by said foreign revenue authorities in your name, so that Pitney Bowes Inc. can be reimbursed. If you return merchandise originally shipped by FiftyOne using logistics services provided by DHL Express, you will obtain any refund, as applicable, directly from FiftyOne.

6.    Customs, Duties, Taxes and Collection Fees. Customs, Duties, Taxes and Collection Fees. When you purchase merchandise from a Suppler via FiftyOne (as discussed in Section 1 above), you may be given an option to prepay or not prepay import taxes and customs duties that may be levied by the destination country, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, “Import Fees”). Whether you are given one option or both, we will make commercially reasonable efforts to estimate the amount of Import Fees (said estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase.

Prepaying Import Fees: If you choose to prepay the Import Fees, you agree and acknowledge that (a) the actual Import Fees may be more or less than the Estimate and (b) you will NOT be asked to pay more money OR receive any refund in the case that the actual Import Fees differ than the Estimate.

Deferring Payment of Import Fees: IF YOU CHOOSE TO NOT PREPAY THE IMPORT FEES, YOU AGREE AND ACKNOWLEDGE THAT (I) THE ACTUAL IMPORT FEES MAY BE MORE OR LESS THAN THE ESTIMATE; (II) YOU (AND NOT US, THE BROKER, THE SHIPPER OR ANY OTHER PARTY) MUST BEAR THE RESPONSIBILITY OF PAYING ALL ACTUAL IMPORT FEES; (III) IN THE CASE THAT ANY ENTITY OTHER THAN YOU MUST PAY SOME OR ALL OF THE ACTUAL IMPORT FEES ON YOUR BEHALF TO EFFECT CUSTOMS CLEARANCE, YOU WILL REIMBURSE (UPON REQUEST) THAT ENTITY IN FULL FOR THE ACTUAL IMPORT FEES PAID ON YOUR BEHALF; (IV) FAILURE BY YOU TO PAY IMPORT TAXES IN A TIMELY MANNER MAY CAUSE DELAYS BEYOND OUR ORIGINAL DELIVERY ESTIMATES.

Failure to Pay Import Fees: MOREOVER, IF YOU CHOOSE TO NOT PREPAY THE IMPORT FEES AND IF YOU (OR THE RECIPIENT) SUBSEQUENTLY REFUSE OR FAIL TO ACCEPT THE DELIVERY OF THE MERCHANDISE, REFUSE OR FAIL TO PAY IMPORT FEES, AND/OR ATTEMPT TO RETURN THE MERCHANDISE TO AVOID PAYING IMPORT FEES: (1) THE COSTS YOU PREPAID FIFTYONE FOR SHIPPING AND/OR HANDLING WILL NOT BE REIMBURSED TO YOU; (2) YOU WILL BE RESPONSIBLE FOR ALL CHARGES RESULTING FROM SAID REFUSAL OR FAILURE TO PAY IMPORT FEES (SUCH AS COSTS FOR SHIPPING AND HANDLING BACK TO FIFTYONE IN THE U.S. AND ANY OTHER FEES RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR FAILURE TO PAY THE IMPORT FEES); (3) YOU UNDERSTAND THAT ALL SALES ARE FINAL AND WE ARE NOT REQUIRED TO REFUND YOU THE COST OF THE MERCHANDISE, BUT WE MAY DO SO IN CERTAIN CASES IN OUR SOLE DISCRETION; (4) YOU ARE STILL RESPONSIBLE FOR ALL ACTUAL IMPORT FEES; (5) YOU WILL NOT REQUEST THAT FIFTYONE OR ANY OTHER ENTITY REIMBURSE YOU FOR ANY IMPORT FEES PAID; (6) YOU MAY HAVE THE OPTION (DEPENDING ON LOCAL LAWS AND REGULATIONS) TO BE REIMBURSED BY A GOVERNMENTAL OR OTHER AUTHORITY FOR SOME OF ALL OF THE ACTUAL IMPORT FEES (AND YOU SHOULD CONTACT THE LOCAL CUSTOMS OFFICE FOR MORE INFORMATION ON THIS), BUT YOU (AND NOT FIFTYONE OR ANY OTHER ENTITY) WILL BE RESPONSIBLE FOR TAKING ACTION TO TRY TO BE SO REIMBURSED; (7) IF FIFTYONE (OR THE SHIPPER, BROKER OR OTHER ENTITY) IN OUR SOLE DISCRETION DECIDE TO ATTEMPT TO DEAL WITH THE IMPORT FEES DIRECTLY WITH A GOVERNMENTAL OR OTHER AGENCY, WE WILL NO LONGER HOLD YOU RESPONSIBLE FOR THE IMPORT FEES; (8) ANY PORTION OWED TO YOU (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE) WILL BE REFUNDED TO YOU AND (9) ANY PORTION OWED TO US (AFTER ACCOUNTING FOR THE ITEMS DISCUSSED ABOVE),THAT WE HAVE NOT ALREADY COLLECTED FROM YOU, WILL BE BILLED TO YOU THROUGH YOUR INITIAL METHOD OF PAYMENT.

7.    Returns. You agree to contact the Supplier whose merchandise you have purchased for any returns authorization. If authorized by the Supplier, pursuant to their international returns policy, either FiftyOne or the Supplier will provide you with information on credit available to you and instructions on where to ship your return parcel. If your order was shipped via FedEx, please note that any return must be sent directly to the Supplier at the returns address they provide. In this case, FiftyOne will reimburse you for the original sales prices of the returned merchandise plus or minus any additional credits or debits determined solely by Supplier, and only once Supplier confirms with FiftyOne that they have received your merchandise and authorizes FiftyOne to apply that credit. Any request for reimbursement of duty and/or taxes paid for orders shipped via FedEx must be made directly with the revenue authority and/or customs office in your country. If your order was shipped by any other carrier currently used by FiftyOne, returns must be sent to the address indicated within the Return Merchandise Authorization email you will receive once you have contacted the Supplier and they have authorized your return. In these cases, FiftyOne will reimburse you for the original sales prices of the returned merchandise, duty and/or taxes, plus or minus any additional credits or debits determined solely by Supplier.

8.    Electronic Communications.  When you visit this checkout or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9.    DISCLAIMER OF WARRANTIES, LIMITED WARRANTY BY SUPPLIER AND LIMITATION OF LIABILITY.

THIS CHECKOUT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS CHECKOUT ARE PROVIDED BY FIFTYONE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FIFTYONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS CHECKOUT OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS CHECKOUT, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS CHECKOUT IS AT YOUR SOLE RISK.

AS DETAILED ELSEWHERE HEREIN, YOU ARE MAKING YOUR PURCHASES DIRECTLY FROM FIFTYONE AND NOT THE SUPPLIER.  NONETHELESS (AND WITHOUT LIMITING OR ALTERING THE DISCLAIMERS AND LIMITATION SET FORTH ABOVE OR BELOW) FIFTYONE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CONTRACTUALLY REQUIRE THE SUPPLIER TO HONOR LIMITED WARRANTIES POSTED ON THEIR WEBSITES AT THE TIME OF YOUR PLACEMENT OF ORDERS WITH FIFTYONE FOR MERCHANDISE.  YOU AGREE TO ADDRESS ANY QUESTIONS ABOUT MERCHANDISE AND REQUESTS FOR MERCHANDISE SUPPORT DIRECTLY WITH THE SUPPLIER.  THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY MERCHANDISE.  THE SUPPLIER PROVIDES ALL PRODUCT IMAGES, DESCRIPTIONS AND SPECIFICATIONS TO FIFTYONE, AND FIFTYONE DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY SUCH IMAGE, DESCRIPTION OR SPECIFICATION. FIFTYONE PROVIDES NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY MERCHANDISE IT SELLS TO YOU.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, FIFTYONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  YOU AGREE THAT FIFTYONE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MERCHANDISE YOU PURCHASE. YOU FURTHER AGREE THAT FIFTYONE AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A SUPPLIER’S MISUSE OF YOUR PERSONAL DATA, WHERE YOU EXPLICITLY INSTRUCTED FIFTYONE TO PROVIDE YOUR PERSONAL DATA TO THE SUPPLIER FOR THE PURPOSE OF SUBSCRIBING YOU TO THEIR MARKETING MESSAGES. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED FIFTYONE OF THE POSSIBLITY OF SUCH DAMAGES.

10.    LIMITED WARRANTY BY FIFTYONE AND LIMITATION OF LIABILITY. FIFTYONE PROVIDES A LIMITED WARRANTY RELATED EXCLUSIVELY TO ITS STORAGE, HANDLING, AND DELIVERY OF MERCHANDISE AS SET FORTH AND LIMITED BY THIS SECTION.  YOU ACKNOWLEDGE THAT FIFTYONE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE TO, OR DELAY IN DELIVERY OF MERCHANDISE YOU PURCHASE, UNLESS CAUSED BY FIFTYONE DURING THE STORAGE, HANDLING, OR DELIVERY OF THE MERCHANDISE FOLLOWING ITS RECEIPT BY FIFTYONE.  FIFTYONE SHALL HAVE NO LIABILITY FOR ANY DELAYS OR FAILURE TO SHIP IN THE EVENT THAT ANY MERCHANDISE YOU INSTRUCT FIFTYONE TO PURCHASE FROM SUPPLIER IS CONTROLLED UNDER U.S. EXPORT CONTROLS AND/OR SANCTIONS LAWS SUCH THAT THE MERCHANDISE CANNOT BE SHIPPED TO YOU. IN ADDITION, FIFTYONE SHALL HAVE NO LIABILITY FOR DAMAGE OR DELAY UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.  SUBJECT TO THE FOREGOING, FIFTYONE'S LIABILITY SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL PRICE PAID BY YOU FOR THE PRODUCT OR USD$2,500.00, WHICHEVER IS LESS. FIFTYONE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU IN THE EVENT THAT: (I) THE MERCHANDISE WAS NOT RECEIVED BY FIFTYONE FROM THE SUPPLIER AT FIFTYONE’S APPLICABLE FACILITY IN THE U.S., OR IN THE CASE OF A RETURN FROM YOU, AT FIFTYONE’S APPLICABLE FACILITY IN YOUR COUNTRY, OR WAS NEVER IN FIFTYONE'S PHYSICAL POSSESSION, AND (II) WHERE NEITHER SUPPLIER NOR YOU ARE ABLE TO PROVIDE SATISFACTORY PROOF OF SUCH RECEIPT OF THE MERCHANDISE BY FIFTYONE.   NOTWITHSTANDING THE FOREGOING LIMITED WARRANTY, FIFTYONE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED FIFTYONE OF THE POSSIBILITY OF SUCH DAMAGES.

11.  ADDITIONAL LIMITATION OF LIABILITY. THE CUMULATIVE LIMITATION OF LIABILITY IN THIS SECTION IS SUPPLEMENTAL, AND THEREFORE APPLIES IN ADDITION TO, ANY OTHER LIMITATIONS OF LIABILITY IN THESE CONDITIONS OF USE.  YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE MERCHANDISE, FIFTYONE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF SAID MERCHANDISE.

12.  Analytics. By placing an order with FiftyOne, you acknowledge that FiftyOne reserves the right to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of FiftyOne services.  By way of example and not limitation, such aggregate use could include identifying market sensitivities, and relative market interest in specific product categories. For greater clarity, any transactional data analyzed will expressly exclude any personally identifiable information and will be aggregated.

13.  Copyright.  All content included on this checkout, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FiftyOne, the Supplier or its licensors and protected by United States and international copyright laws. The software and compilation of all content on this site is the exclusive property of FiftyOne, the Supplier or its licensors and is protected by U.S. and international copyright laws.

14.   Trademarks. FiftyOne, fiftyone.com, E4X and e4x.com and other fiftyone.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FiftyOne in the U.S. and/or other countries. FiftyOne's trademarks and trade dress may not be used in connection with any product or service that is not FiftyOne's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FiftyOne. All other trademarks not owned by FiftyOne that appear in this checkout are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FiftyOne.

15.  Patents.  One or more patents owned or licensed by FiftyOne may apply to this checkout and to the features and services accessible via this checkout, including US Pat. No. 6,892,184
 US Pat. No. 6,460,020.

16.  Severability. These Conditions of Use state the entire agreement between you and FiftyOne.  If any term or condition herein shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms shall not in any way be affected or impaired thereby.  You and FiftyOne agree that it is our mutual intent that these Conditions of Use, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law. 

17.   Jurisdiction and Applicable Law. The laws of the State of New York in the United States of America, excluding its conflicts-of-law rules, shall govern this Agreement. You understand and agree that you are waiving any legal protections otherwise provided by laws applicable to consumers in your country or your State, and you acknowledge that FiftyOne and the Supplier would not facilitate your purchase of merchandise from FiftyOne if that were not the case. These Conditions of Use and the transactions contemplated herein are not and never will be subject to the United Nations Convention on the Uniform Sale of goods or the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioner on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction.  TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU HEREBY AGREE AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS SITUATED IN THE STATE OF NEW YORK IN ANY ACTION, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE CONDITIONS OF US, AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.

18.  Modifications.  We reserve the right to make changes to our checkout, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Last updated April 28, 2011

Corporate Address
FiftyOne, Inc.
8 W. 40th Street, 5th Floor
New York, NY 10018
U.S.A.