Exhibit 10.5

Vendor Agreement
Section 1 of 3: Legal

Revised: Aug 2023

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Contents

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A. Introduction

Five Below is committed to processing merchandise efficiently, safely, and in compliance with all applicable federal, state and local laws, rules and regulations. By doing so, we are able to offer our customers exciting merchandise at a great value.

We have made significant investments within our Supply Chain network to speed the delivery of product to our stores. This includes highly automated distribution centers that are capable of conveying, sorting, and cross-docking product. To leverage these investments, it is required that all vendors ship product in case pack quantities that are packed in corrugated cartons that are shippable and conveyable, unless otherwise agreed to in writing by Five Below. This will allow us to serve our customers by accelerating the flow of merchandise and leveraging every cost dollar along the way.

We appreciate your support in helping us ensure that every order is shipped to arrive in a safe, timely and efficient manner.

Definitions

As used herein, capitalized terms shall have the meanings assigned to them in Five Below’s then current Purchase Order Terms and Conditions (the current version of which is attached here as Appendix A). Appendix C is a list of all states in which Five Below currently operates. In addition, the following capitalized terms are defined as follows:

“Applicable Law” means all applicable laws, ordinances, rules, regulations and orders of all foreign nations (or governmental subdivision thereof) and all applicable domestic (United States of America) federal, state, and local laws, ordinances, rules, regulations and orders pertaining to the production, sale and shipment of the goods.

“Buyer” means Five Below.

“Factory” or “manufacturing plant” means a building or group of buildings where goods are manufactured or assembled.

“Goods” or “goods” means the items of merchandise (including components and related packaging, labeling, instructions, product descriptions, printed matter and visual and digital information) that are the subject of any Purchase Order.

“Preferred Compliance Auditor” means Five Below’s preferred firm for factory audit and shipment inspections in China or in any other countries from which Goods are manufactured or sourced. Five Below’s current Preferred Compliance Auditor(s) can be found in the Compliance section of the Vendor Agreement.

“Preferred Specialized Testing Lab” means Five Below’s preferred laboratory for microbiological, TRA, USP 51, USP 61, and 62 testing of Goods in China (or in any other countries from which Goods are manufactured or sourced) and for all product testing, shipment inspection and factory audit services in India. Five Below’s current Preferred Specialized Testing Lab, which may be changed at any time by Five Below, can be found in the Compliance section of the Vendor Agreement.

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“Preferred Standard Testing Lab” means Five Below’s preferred laboratory for standard testing of Goods. Five Below’s current Preferred Standard Testing Lab, which may be changed at any time by Five Below, is Bay Area Compliance Labs (“BACL”).

“Merchandise Buyer” means an employee of Five Below who is authorized to purchase goods from Vendor.

“Purchase Order Terms and Conditions” means Five Below’s then current Purchase Order Terms and Conditions (the current version of which is attached here as Appendix A).

“Vendor Agreement” means the Company’s Routing, Packaging and Vendor Compliance Guide then in effect and as modified from time to time by the Buyer (current versions with updates will be available upon request by Vendor).

B. Terms and Conditions

By signing the Five Below Vendor Agreement Vendor Acknowledgment, and in consideration of the right to sell Goods to Five Below to be offered for sale by Five Below in its stores and online, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Vendor agrees to comply with all of the terms, conditions, and requirements set forth in this Vendor Agreement, including but not limited to the Purchase Order Terms and Conditions attached hereto as Appendix A. This Vendor Agreement together with the Purchase Order, Purchase Order Terms and Conditions, the terms contained in Five Below’s online system (or any successor system thereto), any other written and signed agreement(s) entered into between Five Below and Vendor (including any agreements entered into through Five Below’s online systems), and any attachments, instructions, or requirements furnished to Vendor by Five Below are considered one integrated agreement governing all aspects of the relationship between Five Below and Vendor. All representation, warranties, covenants and terms applicable to Vendor contained in any of the foregoing shall be considered cumulative obligations of Vendor.

NO ORDERS ARE GIVEN BY BUYER VERBALLY OR IN WRITING EXCEPT BY AN OFFICIAL PURCHASE ORDER. PROJECTIONS OR ESTIMATES ARE NOT ORDERS NOR DO THEY CONSTITUTE ANY OBLIGATION OF BUYER. PRODUCTION COMMITMENTS OR RAW MATERIAL REQUIREMENTS (INCLUDING BUT NOT LIMITED TO RESERVATION OF PRODUCTION SPACE AND/OR OF RAW MATERIALS BY VENDOR) ARE FOR PROJECTION AND PLANNING PURPOSES ONLY AND IN NO WAY FORM OR CONSTITUTE AN OBLIGATION ON THE PART OF BUYER.

C. Representations and Warranties

In addition to, and not in limitation of, the representations and warranties in the Purchase Order Terms and Conditions, Vendor further represents and warrants to Five Below as follows:

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D. Ethical Conduct Policy

Vendor represents and warrants to Five Below that it will obey and conform to all Applicable Laws, and is in full compliance with all Applicable Laws, including, without limitation, those relating to anti-bribery and anti-corruption (including without limitation, the US Foreign Corrupt Practices Act, the US Travel Act, the UK Bribery Act 2010, and any and all similar provisions in the jurisdiction(s) in which it operates). Vendor represents and warrants that it has not and will not engage in any activity, practice or conduct which would constitute an offense under those requirements, and that it has in place its own policies and procedures adequate to ensure compliance with these anti-bribery and anti-corruption provisions by its officers, employees, agents and any other third party or person associated with Vendor in the performance of services or shipment of goods to Five Below.

Five Below’s expectation is that no Vendor producing Goods for Five Below will attempt to circumvent Five Below’s quality process through unethical conduct. We rely on our laboratories to assist Vendors to certify products to be in compliance with Applicable Laws by providing unbiased test reports. Attempts to alter test results, submit samples of Goods to labs that do not accurately represent final production, influence third party inspectors or auditors, or force laboratories to certify non-compliant product through exertion of undue influence is strictly prohibited. No Vendor or factory may circumvent Five Below’s requirements through modification, substitution, alteration or withholding information in test reports, factory audits, shipment inspections, etc.

E. Conflict Minerals

The SEC adopted the Conflict Minerals Provision, Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), to require publicly-held companies to publicly disclose their use of conflict minerals that originated in Covered Countries. At this time, Covered Countries include the Democratic Republic of Congo and its adjoining countries, including: Angola; Burundi; Central African Republic; the Republic of Congo; Rwanda; South Sudan; Tanzania; Uganda; and Zambia. The rule applies to all products manufactured on or after January 31, 2013, and according to the legislation, columbite-tantalite, cassiterite, wolframite and gold ore – which are refined into tantalum, tungsten, and gold, are considered Conflict Minerals.

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Five Below does not directly purchase raw conflict materials for products we sell and is committed to complying with the reporting requirements under the conflict minerals rule.

Vendor understands that Five Below does not require, mandate or control the materials used on Goods ordered by Five Below from Vendor. Vendor represents and warrants that it shall not utilize, nor allow any other third party to utilize, any Conflict Minerals which are sourced from Covered Countries in any goods or components of goods, or in the production of such goods or components of goods, manufactured or produced by Vendor for Buyer under a Purchase Order or otherwise. This representation and warranty by Vendor is based on personal knowledge and/or written guarantees provided by Vendor’s suppliers. Five Below may require Vendor to provide due diligence documentation relating to Conflict Minerals, including formal certifications and policies and Vendor shall promptly comply with any such requests.

F. Insurance

Vendor shall, at its own cost, obtain and maintain insurance as required by Five Below’s then current Purchase Order Terms and Conditions.

INSURANCE. Vendor shall maintain and require its subcontractors to maintain:

If Vendor maintains broader coverage and/or higher limits than the minimums shown above, Buyer requires and shall be entitled to the broader coverage and/or higher limits maintained by Vendor.

Vendor must submit a Certificate of Insurance (Accord 25-S) to Buyer in compliance with the above requirements. The certificate should:

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Vendor waives all rights of recovery or subrogation against Buyer for damage caused by fire or other perils to the extent covered by Property Insurance required pursuant to this Vendor Agreement and/or Five Below’s then current Purchase Order, whether or not such damage was caused by the negligence, strict liability or other actions or in-actions of Buyer, general contractor/construction manager or Buyer, or not.

Five Below, Inc.

1616 Holdings, Inc.

701 Market Street

Suite 200

Philadelphia, PA 19106

All coverage must be underwritten by licensed insurance companies rated no less than A- VII by A.M. Best.

Self-Insured retentions of $50,000 or more must be declared and approved by Buyer.

Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that Buyer is an additional insured on insurance required from subcontractors.

Buyer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

G. Product Recall Policy

In the event of any and all product recalls that are either (i) agreed upon between Vendor and Five Below, or (ii) that are required (either by law or in the commercially reasonable judgment of Five Below) because Five Below has reason to believe the Goods are defective, dangerous, incomplete, infringe upon intellectual property rights or are not in compliance with applicable laws or regulations, the Goods will be returned to Vendor at Vendor’s expense, or otherwise disposed of by Five Below, at Five Below’s discretion. This expense will include (a) a 12% product handling fee; (b) incoming and return freight charges; (c) reasonable attorneys’ fees of Five Below; and (d) any and all other expenses, fees, or costs incurred by Five Below in connection with such recall.

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In the event of a recall, Vendor shall immediately provide to Five Below any information requested by Five Below, including, without limitation, the following:

Any consumer-level recalls must be provided to the Five Below Merchandise Buyer and QA-Compliance department in advance of public release. In no event shall Five Below be named in a recall unless specifically agreed in writing by Five Below prior to issuance of such release.

For additional detail on the Five Below product recall process, see Five Below’s current Policies and Principles Governing Product Recalls, the current version of which is attached here as Appendix B.

H. Disposition of Rejected Goods

With respect to Goods that Five Below has rejected (or revoked acceptance of), Five Below will return Goods to Vendor, except Five Below may elect not to return Goods in the following circumstances: (i) in the event Vendor and Five Below have agreed that Goods will not be returned to Vendor, (ii) in the event Vendor fails to authorize the return of Goods within 20 days after Five Below’s notice of rejection or revocation, (iii) in the event the return of Goods is precluded by act of any government agency, regulatory authority or third party, (iv) in the event Five Below has reasonable cause to believe that Goods contain defect or hazards that could create a substantial risk of injury to any person or property. Goods not returned by Five Below may be disposed of by Five Below in its sole discretion. With respect to any Goods disposed of or returned by Five Below, Vendor will be liable for all costs and expenses related to the disposition or return, including any standard processing fees charged by Five Below, any freight, store, and disposal or destruction costs.

With respect to Goods designated as ‘Fail’ by Five Below’s designated third party shipment inspection partner at the Vendor’s overseas factory, Five Below’s QA-Compliance and Merchandising departments will determine disposition of failed Goods (rework, re-inspection or accept as it is, or provide other specific directions), at their sole discretion.

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Appendix A

Five Below Purchase Order Terms and Conditions

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Five Below

Purchase Order Terms and Conditions

The following terms and conditions shall apply to transaction(s) between the parties, including those described in applicable purchase order(s) between Five Below, Inc., 1616 Holdings, Inc. and/or one of more of their respective subsidiaries or affiliates (as designated on the Purchase Order, the “Buyer”) and the entity shown as the Vendor thereon. Whenever a term defined by the Pennsylvania Uniform Commercial Code (“UCC”) is used herein, the definition contained in the UCC shall control. As used herein, the term “Purchase Order” or “PO” shall mean these Purchase Order Terms and Conditions together with a document entitled “Purchase Order” issued by Buyer to Vendor with a Purchase Order Number and detailing specific order details and other information.

NO ORDERS ARE GIVEN BY BUYER VERBALLY OR IN WRITING EXCEPT BY AN OFFICIAL PURCHASE ORDER. PROJECTIONS OR ESTIMATES ARE NOT ORDERS NOR DO THEY CONSTITUTE ANY OBLIGATION OF BUYER. PRODUCTION COMMITMENTS OR RAW MATERIAL REQUIREMENTS (INCLUDING BUT NOT LIMITED TO RESERVATION OF PRODUCTION SPACE AND/OR OF RAW MATERIALS BY VENDOR) ARE FOR PROJECTION AND PLANNING PURPOSES ONLY AND IN NO WAY FORM OR CONSTITUTE AN OBLIGATION ON THE PART OF BUYER.

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Upon cancellation Vendor will refund any deposits, down payments or other advance payments to Buyer (except that for goods or services already delivered). After cancellation, Buyer also reserves the right to similarly terminate all other contracts covering purchases by Buyer of Vendor’s products or services whether or not Vendor may otherwise be in default, and no rights shall accrue to Vendor against Buyer on account of such termination. If Vendor fails to perform as specified in this Purchase Order or breaches any of these terms and conditions hereof or in the Vendor Agreement, Buyer also reserves the right, without incurring any liability, to: (a) cancel this Purchase Order in whole or part; (b) obtain the goods or services ordered herein from another source; (c) setoff or reduce all claims for money due or to become due from Buyer to Vendor; or (d) exercise any other right or remedy permitted by applicable law. These rights and remedies are cumulative and in addition to any other remedies provided at law or in equity. Buyer’s failure to insist on performance of any of these terms and conditions herein or to exercise any right or privilege, or Buyer’s waiver of any breach hereunder, shall not thereafter waive any other terms, conditions or privileges, whether of the same or similar type.

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THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY OF ANY DISPUTES, CLAIMS OR LITIGATION ARISING OUT OF OR RELATED TO THE PURCHASE ORDER OR THE VENDOR AGREEMENT.

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Appendix B

FIVE BELOW, INC.

POLICIES AND PRINCIPLES GOVERNING PRODUCT RECALLS

March 2019

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TABLE OF CONTENTS

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FIVE BELOW, INC.

POLICIES AND PRINCIPLES GOVERNING PRODUCT RECALLS

March 2019

This memorandum describes the general principles that will be followed by Five Below, Inc. (“Five Below”) in implementing product recalls. As explained below, in conducting recalls and in supporting recalls initiated by its suppliers, Five Below’s primary objective is to prevent harm to consumers. Another critical objective is to ensure that Five Below complies with all applicable legal requirements.

In furtherance of these objectives, this guidance document initially discusses when recalls are necessary. It explains how recalls differ from decisions to halt sales of specific products. This memorandum then provides guidance on the management of the recall process, focusing on (a) the executives involved in managing recalls, and their responsibilities; (b) the process for evaluating and meeting reporting obligations to regulatory agencies such as the Consumer Product Safety Commission (“CPSC”) and the Food and Drug Administration (“FDA”); (c) the procedures to locate and remove from Five Below’s stores and distribution centers any dangerous, defective, or noncompliant products; (d) the methods for communicating recall information to consumers; and (e) the tools available to encourage consumers to return any products found to be dangerous.

In deciding whether a recall is needed, there are at least two fundamental questions that must be considered. The first question is whether there is credible evidence indicating that a product is defective and/or creates risks of injury, death, or property damage. This question typically will be evaluated by considering many types of data, including injury claims, consumer complaints, data on warranty claims or returns, product testing results, design information, and physical evidence relating to products alleged to be defective or dangerous, along with any other information provided by regulatory authorities. As explained below, Five Below’s Recall Coordinator or its Recall Task Force will evaluate all pertinent information on a rolling basis and may, if necessary, arrange for inspection or testing of products under review.

Certainly, a recall may be necessary if a product is found to have a defect and if the defect creates significant dangers or risks for consumers. Separately, however, a recall may be necessary if a product is found to be non-compliant. For example, the CPSC has adopted labeling, testing, and flammability requirements for children’s sleepwear. (See 16 C.F.R. §§ 1615.1-1615.5 (Sizes 0-6X) and 1161.1-1616.6 (Sizes 7-14).) If Five Below learns that it is selling or has sold children’s sleepwear that does not satisfy these CPSC requirements, it will initiate, or have its supplier initiate, a recall. Similarly, if a chocolate bar sold by Five Below is returned by customers, is tested or inspected, and is found to contain peanuts, and if there is no reference to peanuts on the packaging or label, this chocolate bar would likely be viewed as misbranded by FDA, due to the presence of undeclared allergens. Accordingly, Five Below would have to initiate, or ask its supplier to initiate, a recall on this product.

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If a recall is necessary, the second question is whether the recall should be initiated by Five Below itself or by the supplier that sold the merchandise to Five Below. Five Below operates solely as a retailer. Irrespective of whether its products are sold as Five Below-branded items or under other brands, all products distributed or sold by Five Below are produced by independent manufacturers. If a product is defective, noncompliant, or dangerous, Five Below’s supplier or the manufacturer generally is the entity responsible for the product’s flaws. For that reason, and in the interest of protecting its public image, Five Below’s strong preference is to have the responsible supplier or manufacturer conduct any necessary recall with appropriate cooperation or support from Five Below.

If Five Below obtains credible information that a product is unsafe or non-compliant, Five Below will promptly contact the manufacturer or supplier and share the information in question. Where appropriate, Five Below simultaneously will evaluate and attempt to meet its own reporting obligations vis-à-vis the CPSC, FDA, or other regulatory agencies and will urge the supplier or manufacturer to conduct any necessary recall.

From time to time, without any prodding or involvement by Five Below, one of the company’s suppliers or manufacturers may independently determine that a recall is required. Five Below generally will request that the supplier or manufacturer provide information on the scope of the recall, on factors driving the recall, and on the programs in place for covering the costs incurred by retailers and consumers. As a matter of corporate policy, however, Five Below will not second-guess the need for a recall being initiated by one of its manufacturers or suppliers. If any of Five Below’s manufacturers or suppliers determines that a product is unsafe or non-compliant and must be recalled, Five Below’s policy is to cooperate fully with that manufacturer or supplier.

Five Below recognizes, however, that there may be instances in which its supplier or manufacturer is unwilling or unable to conduct a recall. In that situation, or whenever it is otherwise necessary, Five Below may be forced to take on this responsibility itself.

For planning purposes, it is necessary to differentiate product eliminations from product recalls. There may be situations where a product or stock-keeping unit (“SKU”) does not live up to expectations and elicits consumer complaints or returns, but poses no safety or non-compliance issue. For example, consumers might complain about the durability of a toy or a shirt, but there might be no questions about the safety of the product. If enough complaints or returns surface, the company generally will evaluate the SKU and may decide to discontinue sales. We refer to this as discontinuance or elimination of a product, not as a recall.

By contrast, a recall involves a situation in which a product is either noncompliant with a regulatory standard or is found to be dangerous. In a recall, Five Below will immediately halt sales, will quickly remove the product from its stores and distribution centers, and will encourage consumers to return the merchandise in question. As an inducement for such returns, consumers will typically be offered a full refund or credit, or will be offered a replacement product that does not have the defect or dangerous element. As a further inducement, Five Below will publicly disclose the known risks associated with the product and, where appropriate, will publicly disclose the harm that may result from continued use of the product.

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In any product discontinuance or recall, Five Below will promptly instruct all stores and distribution centers to locate and quarantine the affected merchandise. Five Below will also provide instructions on whether the merchandise should be destroyed or should be preserved for inspection. All store personnel will be instructed to end sales of this merchandise. Company personnel also may be asked to keep a running count on the number of items that have been pulled from inventory. This data will be reported back to Five Below’s Recall Coordinator or to another designated executive overseeing the corrective action being taken.

In planning and implementing product recalls, Five Below strongly prefers to collaborate with responsible manufacturers and distributors and to confer with any regulatory agencies that have authority over the product in question. Likewise, whenever recalls are necessary, whether by a manufacturer or distributor that has supplied products to Five Below or by Five Below itself, Five Below generally prefers to have the recall undertaken on a voluntary basis, without the need for regulatory compulsion.

Five Below’s preference for a collaborative, voluntary approach with regulatory agencies such as the CPSC and FDA stems from several factors. To start with, Five Below recognizes that these agencies have substantial expertise in assessing product hazards and in developing appropriate recall plans. Additionally, regulatory authorities may have access to information on product hazards that is not readily available to Five Below. This information may reach these regulatory agencies through reports filed by manufacturers, consumers, or State public health agencies. Furthermore, many products carried by Five Below are sold by other retailers as well, and regulatory authorities may have knowledge of recent experiences involving these retailers or their customers.

Collaboration with regulatory agencies also may be advisable from a legal standpoint. While each recall needs to be examined individually, Five Below has a long-term interest in maintaining strong relationships with regulatory authorities. Moreover, a forced recall by the CPSC or by any other agency often increases the risks associated with third-party litigation by injured persons or by consumers who have suffered property damage.

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As explained above, in conducting or participating in recalls, Five Below also prefers to work closely with the manufacturers and independent distributors that supply merchandise to Five Below. In conducting or facilitating recalls, Five Below must take into account its role in the market. Specifically, Five Below is a retailer that operates bricks and mortar stores and separately sells merchandise online. While a portion of the merchandise carried by Five Below is branded as Five Below merchandise, the company does not own or operate any manufacturing facilities. Consequently, all merchandise carried by Five Below is manufactured by third parties. Often, if a product is mislabeled or is defective or is unexpectedly linked to accidents or injuries, Five Below’s supplier will be the entity responsible for creating the defect or hazard. Thus, if possible, when product hazards are identified, Five Below will work closely with the responsible manufacturer or distributor. Where appropriate, Five Below will encourage the manufacturer to interface with responsible regulatory agencies and to conduct any necessary recalls. Five Below recognizes, however, that, depending upon the circumstances, it may have its own reporting obligations. Five Below also recognizes that if a recall is necessary and if the responsible manufacturer or distributor fails to initiate a required recall, Five Below may have no choice but to take action itself.

Conversely, as a matter of corporate policy, if any supplier to Five Below initiates a recall, Five Below will cooperate fully with that supplier. As part of this cooperation, Five Below will promptly remove the affected merchandise from its stores and distribution centers. Where appropriate, Five Below also will publicize the recall online and in stores, and will process returns or exchanges by consumers. Five Below will of course seek reimbursement from the responsible manufacturer or distributor for direct costs incurred in supporting or implementing such recalls.

While Five Below generally prefers to collaborate with its suppliers and with regulatory authorities, each recall needs to be evaluated, planned, and conducted individually. With particular merchandise, the facts relating to product risks, defects, and potential exposure will vary considerably. These individual factors and any related legal obligations imposed on Five Below will need to be carefully considered in deciding whether a recall is needed and in planning any corrective action. In addition, final decisions relating to product hazards should always be made in consultation with Five Below’s Legal Department. In almost any recall, the company will need to evaluate its compliance obligations vis-à-vis the CPSC or other regulatory agencies, and the company may need to develop a strategy that minimizes risks stemming from third-party claims.

The recall process is complex, and recalls may be necessitated or triggered on an emergency basis. In this memorandum, Five Below describes the basic procedures that will be used to manage the recall process. These procedures can be modified or tailored for particular recalls, but should at least provide a starting point for the management team tasked with overseeing or implementing particular recalls.

For each recall, Five Below will designate a Recall Coordinator and a Recall Task Force. Unless otherwise specified, the company’s General Counsel will have full authority to make these appointments. Presumptively, the Recall Coordinator will serve on the Task Force, along with a Five Below attorney designated by the company’s General Counsel.

The Task Force will have broad authority to design and oversee the recall. This group will be empowered to manage communications with the public and with regulatory authorities. Additionally, the Task Force will coordinate with the responsible buyer within Five Below and will decide on how the recall will be implemented. In many instances, consumers will be encouraged to return the affected merchandise and will be offered replacement merchandise or a refund or a credit. In most instances, systems will have to be established for keeping lists of the names of consumers who have returned the merchandise and the dates of such returns. Likewise, systems for tracking claims, consumer complaints, and any other alleged injuries should be established.

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As the recall progresses, the Task Force will brief Five Below’s Chief Executive Officer, Chief Financial Officer, and General Counsel periodically on the progression of the recall and on information obtained about the safety of particular products and the reliability of particular suppliers. If needed, efforts will be made to suggest improvements to product screening procedures going forward.

Under the guidance of the Task Force, the Recall Coordinator will take the lead in collecting and tracking data on the products in question and on any complaints or allegations relating to deaths, injuries, accidents, or property damage. The Recall Coordinator will collect and preserve quality control records, engineering analyses, test results, and any other pertinent data. Together with the General Counsel or one of the Company’s other attorneys, the Recall Coordinator will ensure that the Company’s insurance companies and suppliers receive appropriate notifications. Additionally, the Legal Department will draft any required submissions to regulatory agencies such as the CPSC. All such submissions shall be subject to review and approval by the Task Force.

During or prior to the initiation of a recall, it is likely that questions may arise as to whether Five Below has any reporting obligations vis-à-vis the CPSC or other regulatory agencies. For example, as a retailer, if Five Below receives credible information that one of its products has a defect that has caused, or has the potential to cause, significant injuries or deaths, the company may have reporting obligations under Section 15 of the Consumer Product Safety Act.

Under the guidance of the Recall Task Force, the Recall Coordinator will evaluate such reporting obligations. Before making any final decision on the filing of such reports, however, the Recall Coordinator will seek guidance from the Legal Department on the appropriate course of action and on the content of any written submissions.

There may be products, such as food items, that are not within the CPSC’s jurisdiction. Reporting obligations on such products should be examined in the same manner as specified above. Additionally, even if Five Below does not have a mandatory reporting obligation vis-à-vis the FDA, CPSC, or any other agency, the Recall Coordinator or the Task Force should assess whether voluntary consultation with regulatory authorities is advisable. In some circumstances, a voluntary disclosure to regulatory authorities may be appropriate. Again, however, any final decision on such disclosures should be made in consultation with Five Below’s Legal Department.

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The Recall Coordinator will be tasked with collecting and maintaining records and data relating to any recall. The collection of substantial data is often necessary in order to determine whether a product is defective and whether the recall should be limited to particular batches or production runs. Information also must be collected, as needed, in order to provide progress reports to any regulatory authorities overseeing the recall.

Depending upon the circumstances, the Recall Coordinator should try to collect and maintain the following:

Five Below should collect purchase orders, supplier agreements, and records showing the volume and timing of its purchases of the product in question. If the manufacturer or distributor has supplied testing data, quality control records, or inspection reports, those documents should be collected and preserved.

For products subject to recalls, Five Below should preserve records indicating the number of units purchased and the number of units sold to consumers. Likewise, as these products are removed from Five Below’s stores and distribution centers, records should be kept on the number of units that are retrieved or isolated and on the disposition of those items. (Store personnel should be instructed never to sell items that are being recalled.)

To the extent that consumers return affected merchandise for exchanges, credits, or refunds, Five Below should track the volume of such returns. In many instances, the company also should track the disposition or disposal of the returned units.

To the extent that Five Below has data or documents that could be used to identify the buyers of affected merchandise, such records should be preserved. In some instances, if customer names are available, the company may wish to open communications with such consumers for the purpose of encouraging returns or exchanges.

As part of every recall, Five Below will develop a public communications plan. If the recall is undertaken in coordination with the CPSC or another regulatory agency, the communications plan may be developed and implemented jointly. Irrespective of the level of coordination with regulatory authorities, however, the communications plan must be carefully designed and must provide information in an understandable form that will encourage consumers to return the product in question. Typically, Five Below’s communications will identify the product with specificity, will describe any product defect or hazard, and will describe the corrective action being taken by the company.

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The CPSC and other regulatory agencies have identified many methods for reaching consumers. The CPSC encourages companies conducting recalls to issue joint press releases with the CPSC. This approach is especially appropriate if the recall is being implemented in consultation with the CPSC and under the CPSC’s rules.

In addition to press releases, many other communications tools are available and should be considered. Certainly, recall posters in stores are often useful and should be considered. Likewise, information relating to recalls should be published on Five Below’s website. In particular recalls, the company may also consider release of a video news release (“VNR”). Such VNRs increase the likelihood of television coverage. In addition, in reaching consumers, Five Below may be able to use social media platforms such as Facebook, YouTube, and Twitter. To facilitate interaction with consumers, the CPSC also recommends the use of a toll-free telephone number, a dedicated email address, and a website URL. All of these tools are potentially effective and should be considered in designing the communications plan for a particular recall.

Furthermore, if Five Below is able to identify consumers known to have purchased the product in question, the company should contact these consumers. Telephone calls, regular email, and text messages could potentially be used for this purpose.

Each recall by Five Below will need to be carefully planned and implemented. This memorandum is intended to guide this decision-making process.

The approach taken on a particular product will depend in part on the level of risk associated with use of that product. As a starting point, whenever a product is found to be dangerous or non-compliant, the company will need to evaluate its reporting obligations. Then, if a recall is necessary, Five Below will have to immediately halt sales of the product, promptly remove the product from inventory, and actively encourage consumers to return the affected merchandise.

In most instances, if products are found to be dangerous or non-compliant, Five Below will work closely with its suppliers and manufacturers to develop a corrective action plan. If suppliers or manufacturers are responsible for the product defect or for any non-compliance, Five Below will encourage those firms to take the lead on any necessary recall. Five Below, however, will actively support their recalls and will conduct its own recall if necessary.

Lastly, in most recalls, even in voluntary recalls, Five Below will at least consult with regulatory authorities and may elect to conduct a recall under regulatory oversight. The company’s main objectives are to prevent harm to consumers and to meet all legal requirements. In pursuing these objectives, Five Below prefers to work on a collaborative basis with the responsible regulatory agencies whenever possible.

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Appendix C

States in which Five Below currently operates

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Vendor Guide 

Section 2 of 3: Compliance

Revised: June 2023

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A. Change Log

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B. Social Compliance Policy

Five Below strives to be an example of good human rights and labor practices throughout our business activities. As we do not own our manufacturing facilities, we take care in the selection of our vendors, and our process intends to screen out any that do not share our values.

Five Below requires that each of its Vendors:

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Five Below also supports the goals of the California Transparency in Supply Chains Act of 2010. International Labor Organization research shows that there are at least 20 million victims of forced labor across different industries worldwide and that women and children are particularly vulnerable. Below are the steps Five Below is taking to prevent human trafficking and modern-day slavery in its supply chain.

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C. Factory Audits—Import Vendors

New Vendors or New Factories

As Five Below does not own our manufacturing facilities, we take care in the selection of our vendors, and we partner only with those who share our values. We have an obligation to evaluate and assess social compliance for each factory that manufacturers goods using Five Below’s name and/or brands including 1616 Holdings, as well as national brands for which we are Importer of Record.

Each import supplier must disclose the name and address of all factories that produce goods for Five Below. For preliminary approval, all new factories must successfully compete a Social Compliance questionnaire and a Customs Trade Partnership Against Terrorism (C-TPAT) self-assessment.

Vendors must provide, for each new import item, the factory from which the product will be sourced. Vendors are unable to set up import SKs without an approved factory.

After preliminary approval and no later than 30 days before purchase order is placed, all import import Vendors must schedule and successfully complete two factory audits conducted by one of Five Below’s designated third party factory and shipment inspection partners. Vendor is responsible for audit costs. Five Below requires TWO audits:

During factory audits, Vendors are required to provide Five Below’s designated third party audit partner and its agents access to every facility to conduct audits to ensure all factories are in compliance with Five Below’s Social Compliance and Quality policies.Vendor may not use a subcontractor factory without Five Below approval. Subcontractor factories must follow the same approval process. Vendor must provide Five Below’s designated third party audit partner and its agents with access to employee-related records maintained by Vendor as well as the ability to interview workers.

Failure to provide Social Compliance and Supplier Qualification Program audits 30 days prior to Purchase Order placement date are subject to cancelation of purchase order at vendor’s expense.

Factories with an unacceptable initial audit will not be accepted.

Critical Failures

Any critical failure identified will place the factory into an unacceptable rating. Critical failures require Vendor to develop a CAP (Corrective Action Plan) within five business days and require a follow up audit by one of Five Below’s designated third party factory audit partners within 30 days of the date of audit.

Social Compliance Critical Failures

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SQP Critical Failures

Vendors must supply factory information for each import item. Factories must be approved in advance of new import item set up. Not supplying factories in advance will delay new item set up until Five Below reviews and approves audit information.

Below is a matrix of labs by country. See appendix “A” for audit firm contact information.

Current Vendors

Vendors currently supplying Goods to Five Below are subject to announced or unannounced factory inspections/audits to ensure on-going compliance with Five Below’s Social Compliance and Quality policies.

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Subcontracting

Subcontracting production or labor without prior written consent of Five Below is strictly prohibited. Vendors are responsible for ensuring that Five Below approved subcontractors are in compliance with Five Below’s Social Compliance policies and will provide Five Below with proof of compliance upon request. Subcontracted facilities are also subject to announced and unannounced Factory Capacity and Capability in Manufacturing and Social Compliance audits by Five Below and its agents.

Environmental

Vendor’s factories must be compliant with local regulations and have modernized their environmental controls.

D. Supply Chain Security Guidelines for Vendors, Suppliers, and Service Providers

Overview

In the interests of securing 1616 Holdings, Inc (Five Below, Inc.), its shipments and its international supply chain, the company has initiated the implementation of supply chain security guidelines in line with the latest U.S. Customs and Border Protection CTPAT (Customs Trade Partnership Against Terrorism) requirements.

The Customs Trade Partnership Against Terrorism (CTPAT) program is a voluntary supply chain security program led by U.S. Customs and Border Protection (CBP) and focused on improving the security of private companies’ supply chains with respect to terrorism, smuggling and any other illicit activity.

As a Certified member, Five Below is required to ensure that its business partners adopt security minded strategies and procedures that meet the CTPAT requirements. This applies to existing suppliers, as well as vendors interested in becoming a business partner and part of the Five Below supply chain.

Certified importers that outsource elements of their supply chain, such as foreign facilities, conveyances and domestic warehouses are required to assess and monitor their business partners’ security protocols according to U.S. Customs CTPAT criteria. CBP enhanced their MSC (Minimum Security Criteria) in January of 2020. This is a significantly enhanced security profile, with specific ‘must’ and ’should’ Security questions in the areas of: Upper Management, Risk Assessment, Business Partners, Procedural, Conveyance & International Instruments of Trade (ITT), Agricultural, Physical, Access Controls, Personnel, Training, and Cybersecurity. The expectation is that our Foreign Business partners are maintaining proven and verifiable processes that meet these criteria. These questions are listed below for your reference. All question pertaining to Customs Trade compliance and CTPAT should be sent to: CustomsTrade@fivebelow.com

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Onboarding New Vendors for Supply Chain Safety and CTPAT:

Terms for understanding:

BSI- Risk Management and Audit software. User creates login and password, completes a Self-Assessment Questionnaire for Supply Chain Security and Social Compliance. Supply Chain and Social Compliance are independent of one another. This is the system where factory self-assessments for Supply Chain Security (managed by Supply Chain) and Social Compliance (managed by Compliance) will be held. BSI is the system where factories will submit Social Compliance and Factory Capability and Capacity Audits (FCCA) audits.

OMS – the Order Management System booking portal that direct import factories utilize when booking a shipment for an Import Purchase Order. Our Consolidator is M+R and our Customs Broker is Samuel Shapiro.

Riskonnect (formerly ICIX) – Software that allows Five Below and vendors to trade compliance documents. This is the system where vendors submit product test reports and shipment inspections.

Five Below has partnered with BSI Supply Chain Solutions to manage business partner validation and CTPAT compliance via the SCM (Supplier Compliance Management) module. Prior to the vendor receiving a Five Below purchase order:

What you need to know:

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Five Below and SCAN

Five Below is a member of SCAN (Suppler Compliance Audit Network). SCAN is an association of companies with global supply chains who collectively develop and manage supply chain security audits standards to reduce the audit fatigue and redundancy by way of confidential risk management platform.

As part of our ongoing Supply Chain Security audit program, factories will periodically need to audit their factories for Supply Chain Security. If the factory is an active SCAN member, we will incorporate the audit timeframe and utilize the SCAN audit. If the factory has an existing audit, Customs Trade will accept the report provided it is less than two years old.

Five Below Document Requirements at Time of Shipment

Depending upon the type of item:

Carton and Item Markings and Labeling

Manufacturers must place permanent distinguishing marks (tracking labels) on any consumer product primarily intended for children 12 years and younger, made on or after August 14, 2009. The marks must appear on the product itself, and its packaging, to the extent practicable.

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Customs Country of Origin Requirements

The purpose of Country of Origin markings:

Section 304 of the Tariff Act of 1930 as amended (19 U.S.C.1304) requires most imports to bear labels informing the ultimate purchaser of their country of origin.

The country of origin marking on an item has an impact on consumers’ quality perceptions, affects the product’s admissibility, the rate of duty applied at time of import, its entitlement to special duty or trade preference programs, antidumping and government procurement.

Required marking characteristics:

E. CTPAT Minimum Security Criteria

Corporate Security

Security Vision and Responsibility

Risk Assessment

Business Partners

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Cybersecurity

Transportation Security

Conveyance and Instruments of International Traffic (ITT) Security

Container Inspection

All factory-loaded containers selected to transport Five Below cargo must be inspected according to the standards outlined by Five Below and by U.S. Customs and Border Protection (CBP).

The container inspection must be conducted prior to loading cargo for Five Below, and documented using an inspection checklist, including all locking mechanisms are in good working order and will detect any signs of tampering, conducted in a controlled area. Each form must be uploaded to the booking portal at time of shipment and accompany the commercial documents.

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Figure 1

Container Sales

Seal Controls

Placement

All containers loaded with Five Below cargo must be secured with an ISO-17712 high security seal immediately after loading. The seal must meet or exceed the current PAS/ISO 17712 standards. It must be a bolt seal or a cable seal (see Figure 2). FIVE BELOW will not accept any other type or lower rated seal to be placed on its shipments.

Figure 2

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The seals must be placed on the right door of the container on the hasp that has the welded rivet. Once placed, the integrity of the seal must be tested by utilizing the V.V.T.T method.

The integrity of each of the affixed high security seals must be verified by implementing the following steps: (Figure 3)

Figure 3

Procedural Security

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Agricultural Security

People & Physical Security

Physical Security

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Physical Access Controls

Education, Training, and Awareness

Training that covers reporting security incidents, suspicious activities, and escalation procedures must be provided.

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F. Compliance with Applicable Laws

Vendor agrees to comply fully with all Applicable Laws as required by Five Below’s then current Purchase Order Terms and Conditions, including as follows (without limitation):

Consumer Product Safety Improvement Act (CPSIA)

Visit the Consumer Product Safety Commission’s website at www.cpsc.gov for the latest rules and regulations regarding cadmium, lead in paint and substrate, phthalates and phthalate substitutes, ASTM 963, toxicity testing and any other required tests.

*ALL GOODS MUST PASS ALL CURRENT CPSC, ASTM, FDA, FTC, UL, AND OTHER APPLICABLE REQUIREMENTS AND MUST BE 50- STATE COMPLIANT AS TO PRODUCT AND PACKAGING CONTENT AND LABELING*

Below is a listing of certain requirements, but is not intended to supply Vendor with a listing of all applicable requirements with which Vendor must comply.

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CHILDREN’S JEWELRY:

ADULT JEWELRY:

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BOOKING WILL NOT BE GRANTED WITHOUT TEST REPORTS/GCC.

FOR CHILDREN’S PRODUCTS, VENDOR MUST FILL OUT A CHILDREN’S GENERAL CERTIFICATE OF CONFORMITY

*BEDDING AND UPHOLSTERY ITEMS, INCLUDING PLUSH, MUST CONTAIN VALID REGISTRATION NUMBERS AND BE ON FILE WITH DEPARTMENT OF LABOR AND INDUSTRY IN APPLICABLE STATES*

Toxic Substances Control Act (TSCA) – Title VI for Composite Wood Products

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California Statutes and Regulations Governing Product Content

Below is a listing of certain requirements, but is not intended to supply Vendor with a listing of all applicable requirements with which Vendor must comply.

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Tracking Labels on Product and Packaging

Manufacturers must place permanent distinguishing marks (tracking label) on any consumer product primarily intended for children 12 and younger made on or after August 14, 2009. The permanent marks must enable consumers to ascertain basic information, including the manufacturer or private labeler, location, the date of manufacture, and more detailed information on the manufacturing process such as a batch or run number. The permanent distinguishing marks must appear on the product itself and its packaging to the extent practicable. Learn more about the tracking label requirement at http://www.cpsc.gov/en/Business--Manufacturing/Business- Education/tracking-label/

For Goods not subject to the CPSIA tracking label requirement above, but are either ‘exclusively for 1616 Holdings ’ or ‘distributed by 1616 Holdings’, Five Below requires a tracking number on the customer packaging as well as the product itself. Contact Five Below at QA-Compliance@FiveBelow.com for further details.

Fair Packaging and Label Act Section 500.5

If the Vendor has been issued an RN (Registered Identification Number) by the Federal Trade Commission (FTC), Vendor may, in lieu of listing their full business name, use their RN on labels of products covered by the Textile, Wool, and Fur Acts.

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Private Brand Packaging Review and Approval

Packaging for Goods that are private labeled for Five Below (“Exclusively for 1616 Holdings”, “Distributed by 1616 Holdings”, or “Manufactured by 1616 Holdings”) must be reviewed and approved by Five Below QA-Compliance department prior to production. Email dylines to QA-Compliance@FiveBelow.com for approval.

California Proposition 65 Labeling

Unless otherwise agreed in writing, Vendor is required to label any Goods that require a Proposition 65 warning with a warning, the content of which satisfies the requirements of California Code of Regulations Title 27, Division 4, Article 6 for consumer product warnings and has been placed on the Goods (either on the product or the product labeling) in a manner that complies with the requirements of Article 6.

Five Below’s policy with regard to Prop 65 is as follows:

Five Below will not double-slot products in our distribution centers (meaning one SKU number for product with the Prop 65 Warning and another SKU number for product without the Prop 65 Warning).

THE STATE OF CALIFORNIA HAS MODIFIED LANGUAGE REQUIREMENTS FOR PROPOSITION 65 WARNINGS FOR GOODS PRODUCED AFTER AUGUST 30, 2018. ANY GOODS PRODUCED AFTER AUGUST 30, 2018 THAT REQUIRE A PROPOSITION 65 WARNING ARE REQUIRED TO MEET THE NEW REQUIREMENT OUTLINED BY OEHHA.

Vendors must review the Proposition 65 chemical list (https://oehha.ca.gov/proposition-65/proposition-65-list ) to determine whether SKUs they produce meet contain chemicals above the safe harbor limits. When submitting new items to Five Below, Vendor must indicate whether the item and its packaging meet the safe harbor limits, whether the item or its packaging require a Proposition 65 warning label or if the item cannot be sold in California.

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For any Goods purchased by Five Below that are found at any time to not be Proposition 65 compliant and for which Five Below has not provided written advance approval, Five Below, in addition to any other rights or remedies which it may have at law or in equity, shall have the right to reject, return or dispose of and recover costs at the Vendor’s expense. Further, any such Goods may not be replaced with other Goods, without written authorization from Five Below.

Uniform Label Law for Stuffed Articles

Label laws are enacted and enforced at the state level and each state may have different requirements. In addition to fastening a uniform law label, certain states may require the Vendor/Manufacturer to apply for a license and obtain a registration number. Vendor is responsible for understanding and complying with all laws.

The label must be legible and accessible to the customer at time of purchase. If the label is hidden by packaging, the label must be on the product packaging as well.

The website for International Association of Bedding and Furniture Law Officials (www.IABFLO.org) contains contacts for each State.

Textile Fiber Products Identification Act

To comply with this Federal Trade Commission Act, for textile articles, the Vendor must ensure that the following information is present:

Vendors can use a registered identification number (RN) in place of their company name on the required label. Vendors can apply to the Federal Trade Commission for an RN or to update an existing RN. An RN is not required. See https://www.ftc.gov/tips-advice/business-center/selected-industries/registered-identification-number-frequently-asked for further details.

Care Labeling Rule

The Care Labeling rule requires manufacturers and imports of textile wearing apparel and certain piece goods to attach care labels to advise consumers “what regular care is needed for ordinary use of the product”.

Covered Products:

See https://www.ftc.gov/tips-advice/business-center/guidance/clothes-captioning-complying-care-labeling-rule for further details.

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Safety Data Sheet (SDS)

Chemical-containing products include:   Over-the-counter pet pharmaceutical products, nutritional supplements, personal care products, household products (pesticides, cleaners, air fresheners, etc.) / batteries: including products containing a battery / electronics containing a circuit board or flashing lights / light bulbs: incandescent, neon, and fluorescent / some food products: cooking oil, energy bars, vitamin drinks / products dispensed by aerosol or bag-on-valve method/ personal care and beauty products/hair care products

Vendor is required to review the full list of chemicals and confirm whether Goods require SDS by accessing this website: https://www.dir.ca.gov/title8/339.html.

Below are examples of categories that require SDS; however, this is not intended to be inclusive of every item that could require SDS:

Five Below maintains Safety Data Sheets (SDS) on all chemical compounds used in our locations. These forms allow Five Below to determine whether substances to which employees and customers are exposed are hazardous and, therefore, subject to the hazard communication regulation. These SDSs will also be made available for review in accordance with all applicable OSHA and state regulations. 

Vendors must supply Five Below with SDSs that provide information such as health hazards, special chemical and physical characteristics, protective measures, precautions for safe handling, use and storage of each chemical.

SDS’s must comply with all applicable laws.

Vendor must provide SDS for applicable items at the time of Item Set-Up unless the item is in pre-production, in which case, Vendor must provide SDS within thirty days of receipt of Purchase Order. SDS must be provided to Five Below Merchandise Buyer. 

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G. Testing Process

The safety of Five Below’s customers and legal compliance from an ethical and business perspective is of critical importance to Five Below. Five Below’ policy is to provide quality products that safely perform their intended functions and meet all applicable legal requirements.

General Testing Guidelines

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Testing Guidelines

Products with the Five Below Name and/or Brands, including 1616 Holdings

Any product with the Five Below name on the item or packaging (‘distributed by 1616 Holdings, ‘manufactured exclusively for 1616 Holdings’, ‘exclusively for 1616 Holdings’, etc.) must be tested by Five Below’s designated third party lab. This applies to all SKUs, whether Five Below is the importer of record or is sourcing the goods from a U.S. location.

Vendor-Branded Goods in Tech Departments

Five Below requires product testing from our designated 3^rd party Lab for all Goods in the Tech departments, regardless of branding, including but not limited to Goods such as audio, power and personal electronics, and device accessories.

Vendor-Branded Goods for which Five Below is Importer of Record

Any product for which Five Below is Importer of Record must be tested by Five Below’s designated third party lab.

Test reports for these products must be received and approved by Five Below QA/QC department NO LATER THAN 5 weeks prior to shipment.

Test reports for products made for other retailers (same base product with different embellishments and/or packaging) WILL NOT BE ACCEPTED.

Submitting Items to Five Below’s Designated Third Party Lab for Testing

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Multiple products may be added to the same report under the following conditions (samples must be received at the same time):

Lab Testing Process—Riskonnect ESG (formerly ICIX)

Five Below has partnered with Riskonnect to manage the test report and shipment inspection request and review process.

Each Vendor, with the exception of Candy and Food Vendors, will be set up with a Riskonnect account. Five Below will pay the cost of the first 5 users on the Vendor’s account. Vendor must contact Riskonnect Customer Service to add or delete users from their account (HelpMe@Riskonnect.com). It can take up to 10 business days to add additional users.

Riskonnect will generate test and shipment inspection requests automatically. Once a request is generated, individuals on Vendor’s account will receive an email notification of a new task.

Vendor is responsible to upload documentation against the appropriate request PRIOR to shipment of Goods. Additional information on navigating Riskonnect and other information will be shared with the Vendor at the time of Riskonnect set up.

Do NOT email Lab reports directly to Five Below.

Five Below Test Review Timelines

Five Below’s QA-Compliance Team will review each test report.

Note:

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H. Shipment Inspection

Import Goods that are ‘distributed by 1616 Holdings’, ‘manufactured for 1616 Holdings’, or ‘exclusively for 1616 Holdings’ are subject to Five Below designated third party shipment inspection at factory site.

Five Below’s inspection standard is ANSI/ASQZ 1.4 Single Sample plan, which is adopted by most of the retailers in the United States. Five Below is under no obligation to unpack or inspect Goods before resale thereof. Five Below inspection, testing, payment for or retention of Goods does not (i) constitute an acceptance of Goods not in compliance with the Contract, (ii) affect Five Below’s right to reject or return Goods, or (iii) constitute a waiver by Five Below of any Vendor warranties or any rights or remedies of Five Below under the Contract. In no event will Vendor sell or distribute to third parties any Goods that contain logos, trade names, trademarks or labels of Five Below even if rejected by Five Below as nonconforming.

Five (5) days prior to the completion of 80% of mass production of Goods, vendor must contact one of Five Below’s designated audit partners to schedule the shipment inspection. Below is the matrix of shipment inspection auditors. See Appendix for contact information for each partner.:

Vendor is responsible for the cost of shipment inspections and any travel expenses.

Vendor must provide shipment inspection documentation via Riskonnect. Five Below’s QA-Compliance team will review each shipment inspection. Allow three (3) business days for shipment inspection reports to be reviewed. Approval or rejection of shipment inspections will be provided via Riskonnect. Vendor will receive an email notification once the submitted document has been approved or rejected.

If a SKU receives three sequential passing shipment inspections, Five Below, at its own discretion, may authorize suspension of shipment inspections for that SKU for the remainder of the calendar year. Contact QA-Compliance@FiveBelow.com for more information.

Import Goods not distributed by OR exclusively for Five Below but where Five Below is the Importer of Record are subject to random shipment inspections at Five Below’s discretion.

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I. Appendix A – Five Below’s Designated 3rd Party Audit, Inspection, and Lab Contacts

Five Below Designated Labs & Audit Firms China 

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Five Below Designated Labs & Audit Firms - India

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Five Below Designated Labs & Audit Firms – Vietnam 

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Five Below Designated Labs & Audit Firms – United States

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Vendor Agreement 

Section 3 of 3: Supply Chain

Revision: August 2023

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Version Updates

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