Terms & Conditions

By placing an order with FiftyOne, you are agreeing to be bound by the purchase terms & conditions (the "Agreement") set forth here with respect to any purchase you make on this Web site.

Nature of Transaction. FiftyOne, Inc. ("FiftyOne" - f/k/a E4X, Inc.) contracts with suppliers in the U.S. ("suppliers") to avail their merchandise to consumers living outside of the U.S. ("you") through the FiftyOne network, and to provide you with an opportunity to purchase such merchandise at a price in a currency selected by you, inclusive of international shipping costs, brokerage costs, import duty and sales taxes. By placing an order 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 immediately reselling it to you for the amounts presented to and agreed-upon by you. FiftyOne will provide its own payment information to the supplier to purchase the merchandise you have ordered, and FiftyOne will resell such merchandise to you using 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 credit card issuing bank 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 actually received from the applicable supplier the merchandise which you order.
Non-Commercial Use Intent and Compliance with U.S. Exports and Sanctions Law(s). Supplier merchandise available through the FiftyOne network 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 the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury.
Title to Goods. After FiftyOne purchases and takes title of merchandise from a supplier to fulfill an order you have placed, title of merchandise shall transfer from FiftyOne to you at the time of shipment of the merchandise from FiftyOne's facility in the U.S.
Billing Timing. Your credit card will be billed by FiftyOne, and charges will be accompanied on your credit card statement by the descriptor ("51*SUPPLIER"), where 51 denotes the FiftyOne network, and SUPPLIER is the particular supplier whose merchandise you have purchased. 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, plus any duty, taxes, VAT, and pro-rated amounts for shipping and/or handling. 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 exceed the total amount presented at the time of order placement by you.
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 prepare and submit refund claims on your behalf for any merchandise that you return. 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.
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, 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. 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 satellite returns facility 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.
LIMITED WARRANTY BY SUPPLIERS AND LIMITATION OF LIABILITY. FIFTYONE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO CONTRACTUALLY REQUIRE ITS SUPPLIERS TO HONOR LIMITED WARRANTIES POSTED ON THEIR WEB SITES 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. ALL PRODUCT IMAGES, DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO FIFTYONE BY ITS SUPPLIERS, 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 MERCHANT FOR THE PURPOSE OF SUBSCRIBING 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.
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 FACILTIY 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.
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 THIS AGREEMENT. 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.
Severability. This Agreement states 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 this Agreement, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law.
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.
Trademarks. The FiftyOne and E4X marks and logos are registered trademarks of FiftyOne, Inc.
Jurisdiction and Applicable Law. The laws of the State of Delaware 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, and you acknowledge that FiftyOne and its suppliers would not facilitate your purchase of merchandise from FiftyOne if that were not the case. This Agreement 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 DELAWARE IN ANY ACTION, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.

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

Last updated August 31, 2010