Terms & Conditions

Buyers’ terms & conditions

 

1. Introduction

 

These terms and conditions (“Terms”) are the terms and conditions which apply to the relationship between Buyers or potential Buyers of garments and other goods through the www.clothesagency.com website. They should be read in conjunction with our Privacy Policy and our Website Terms of Use which also apply to the relationship between you and Clothesagency.com. By offering to buy and buying garments through the Website you are indicating your acceptance to be bound by these Terms to the exclusion of any other terms and conditions. The Terms may be modified from time to time by updating this page. You should visit this page frequently to review the current Terms.

 

Details of the types of goods offered for sale through the Website can be found at www.clothesagency.com

 

www.clothesagency.com acts as a venue to allow users, who comply with Clothesagency.com policies, to offer, sell and buy certain fashion goods within a fixed-price format.

 

Clothesagency.com cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Website.

 

You agree that Clothesagency.com is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, Items, and links posted by you, other users, or outside parties on Clothesagency.com. You use the Clothesagency.com service at your own risk.

 

In addition to the above, you agree that Clothesagency.com accepts orders for Pre-owned Items through the Sell For Me service on the Website and in doing so acts as Agent on behalf of Third Party Sellers who are not selling in the course of business, subject to these Terms. 

 

By agreeing to these Terms you therefore acknowledge that the www.clothesagency.com is a venue and that on occasion acts as Agent for a principal who is a Seller not selling in the course of business. 

 

If you are resident in the EU, then in selling Items to you via the Website we (when acting as Agent), and our Independent Sellers (when acting as a Business), are subject to the Consumer Protection (Distance Selling) 2000 (the “Regulations”). These Terms are designed to be compliant in all respects with the Regulations.

 

2. Definitions

 

In these Terms the following definitions shall apply:

 

“Agent” - means a person or company who is authorised to act on behalf of another person as a representative for the sale of their personal Items

 

“Agreement” - means any contract entered into between a Seller and Clothesagency.com

 

“Buyer” or “you” - means the buyer of an Item which is sold through the Website

 

“Clothesagency.com”, "us", "we" and "our" - means Clothesagency.com Limited, a limited company registered in England & Wales (registered number 5033264), whose place of business is at Pincot Cottages, Pitchcombe, Gloucestershire GL6 6LY. UK

 

“Item” - means any Item sold via the Website.  Items may be new or used; Buyers must check the Item description to determine the condition of the Item before purchase.

 

“Pre-owned” - means an Item of clothing or accessory that has previously been owned and is therefore construed to be second hand

 

“Price” - means the price at which an Item is listed on the Website

 

“Regulations” - means the Consumer Protection (Distance Selling) Regulations 2000

 

“Seller” - means the individual or Agent who is selling an Item through the website.

 

 “Terms” - means these Seller's Terms and Conditions

 

Third Party Sellers” - means the owner of the Item on whose behalf we are selling.

 

“Users” - means anyone accessing www.clothesagency.com

 

“Web Servers” - means the web servers utilised by Clothesagency.com to host the Website and store Website related data.

 

"Website" - means our website www.clothesagency.com and all the pages, content and sub-domains contained in it.

 

3. Eligibility

 

3.1. Items for sale on the Website may only be purchased by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

 

3.2. Clothesagency.com may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.

 

4. Formation of Contract

 

4.1. The display of Items and prices on the Website does not constitute an offer on behalf of the Seller.  No Agreement shall come into existence unless and until the Seller accepts your order, being when the Seller emails you to confirm the Item has been despatched to you. 

 

4.1.1. Unless you cancel your order, acceptance of your order and the agreement between you and the Seller will be completed when the Seller emails you to confirm the goods have been despatched.

 

4.2. As and when the Seller emails you to confirm the Item has been despatched to you and doing so accept your order, the Agreement shall come into existence and shall be governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.

 

4.3. If you enter into an Agreement with a Seller as a business entity, you represent that you have the authority to legally bind that entity.  If you are trading as a business, you are responsible for and must comply with all laws applicable to your business.

 

4.4. You must not use this Website for anything that is unlawful or otherwise prohibited by these Terms and/or any notices elsewhere on this Website.

 

5. Your Obligations

 

5.1. You are solely responsible for your conduct and activities on and regarding to Clothesagency.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, Items, and links (together, "Content") that you submit, post, and display on Clothesagency.com.

 

5.2. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Clothesagency.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Clothesagency.com related communications.

 

5.3. Clothesagency.com has not granted you a licence to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Clothesagency.com user to your email or physical mail list. For more information, see our Privacy Policy.

 

6. Display of Items on the Website

 

6.1. All Items offered for sale on the Website are used or pre-owned Items.  

 

6.2. While Sellers make every effort to describe and display every Item as accurately as possible, you should be aware that the colour and appearance of the Item as displayed on your computer monitor or any other display may differ from the actual colour and appearance of the Item. 

 

6.3. Items sold through the Website are sold “as is” and accordingly we encourage Buyers to carefully review all photographs and the description of the condition of any Item that they are considering buying. We also encourage you to contact the Seller if you have any queries about an Item before making an offer to buy it, by emailing the Seller.  

 

6.4. The Seller reserves the right to withdraw any Item displayed on the Website at any time before your order is accepted.   

 

6.5. Our Terms and conditions for Sellers expressly state that we do not accept or sell counterfeit goods.  If Items are found to be counterfeit then the Seller shall refund the Buyer at the Sellers discretion. 

 

6.6. The stated Price on the Website is designed to reflect the fact that the Item is pre-owned, taking into account the condition of the Item and a number of other factors including, without limitation, the original retail price of the Item, the age and style of the Item and other relevant market factors. 

 

7. Ordering Items

 

7.1. The Seller reserves the right in their absolute discretion to reject any order that is placed with them and/or to withdraw any Item displayed on the Website at any time before your order is accepted. 

 

7.2. Once your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, it is only a confirmation that the Seller has received notice of your order.

 

7.3. Acceptance of your order will be deemed to occur when the Seller emails you to confirm the Item has been despatched to you, at which point the Agreement will come into existence between you and the Seller as set out in clause 4.2.  

 

8. Prices, Payment & Delivery

 

8.1. All prices on the Website are by default provided in Pounds Sterling.

 

8.2. All prices are exclusive of postage and packing.

 

8.3. The Seller does not accept any liability for failure to deliver Items within the stated delivery period (provided that delivery occurs within 30 days from the date of your order).

 

8.4. All payments for Items marketed on the Website are processed using PayPal (a secure third party online payment system that complies with the Payment Card Industry Data Security Standard).

 

8.5. We take all reasonable care to make our Website secure.

 

8.6. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a Seller or third party procures unauthorised access to any data you provide when accessing or ordering from the Website or utilsing our third party online payment system

 

8.7. We accept no responsibility for any loss, damages, or theft as a result of or arising from the mis-use of your credit card, debit card or PayPal or other payment or banking details as a result of using our Website as no payment details including your debit/credit card details are held on our Website or Web Servers

 

8.8. When acting as an Agent for a Third Party Seller we accept payment in pounds sterling via Paypal. We may accept other forms of payment from time to time, which will be clearly indicated on our Website.

 

8.9. If you are paying by Paypal you confirm that it is your Paypal account and you have authority to make the payment.

 

8.10. You are obligated to deliver appropriate payment for Items purchased, unless there is an exceptional circumstance.

 

8.11. Sellers aim to dispatch Items within 48 hours of receiving your order (if accepted) Monday to Friday. We do not accept any liability for failure of a Seller to dispatch Items within this time frame.

 

8.12. When shipped outside of the UK any Item purchased from a Seller may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes. We and or the Seller has no control over these charges and encourage you to contact your local custom office for further information before placing your order.

 

8.13. You must inform yourself and comply with all applicable laws and regulations of the country for which the products are destined. The Seller will not be liable for any breach by you of any such laws.

 

9. Cancellation and Refund (EU customers only)

 

9.1. If you the Buyer is acting as a consumer (buying the Items other than in the course of a business) and the Seller is acting as a business then the Regulations shall apply and you may cancel your order for any reason at any time within 7 working days counting from the day after you received the Item, by giving the Seller notice in writing.

 

9.2. If you send a cancellation notice by post, you are advised to obtain and keep evidence of posting.

 

9.3. When you send a notice to cancel your order to the Seller, the Seller will confirm receipt of your notice by email and provide you with a returns address and you must return the Item to the Seller within 7 days of this email.

 

9.4. When returning an Item to a Seller you must pay for the cost of returning the Item.

 

9.5. The Item must be returned to the Seller in the same condition as that in which you received it, with all tags and labels still attached.

 

9.6. You are under a duty to take reasonable care of the Item whilst it is in your possession, so we therefore recommend that you package the Item carefully, send it by recorded or special delivery and insure it during transit to ensure that it reaches the Seller in good condition.

 

9.7. The Seller will provide you with a full refund of the price of the item within 30 days of cancellation of the order.

 

9.8. If the Seller is an individual Seller and not a legal business then the Regulations will not apply and you will not be eligible for a refund as outlined in clause 9.7.

 

10. Returns Policy

 

10.1. In addition to your right of cancellation under clause 9.1, the Seller will refund to you the price for the Item within 30 days of receipt of the returned Item on the following conditions:

 

10.1.1. you have contacted the Seller within 7 days of receiving the Item and received from the Seller confirmation of your cancellation. 

 

10.1.2. you have returned the Item to the Seller within 7 days of receiving confirmation of your cancellation;

 

10.1.3. you have paid all postage and packaging for the return of the Item; and

 

10.1.4. the Seller has received the Item from you in the same condition as the Item was sent to you.  All swing-tags and stickers must be attached.

 

10.2. Returns outside of the timeframes described above may be accepted at the sole discretion of the Seller.

 

10.3. The Seller accepts no responsibility for Items sent by the Buyer, which are lost, delayed or damaged in transit

 

10.4. All Items sold through the Website are sold “as is”.  Items are accompanied with photographs and detailed descriptions of their condition.  The stated price is designed to reflect the fact that the Item is Pre-owned.  We sell these used Items as agent for undisclosed principals.  If the Item arrives and does not correspond with the description and photographs provided, you may return the Item to the Seller in accordance with clause 10.1. 

 

10.5. Subject to clause 9, if you have not contacted the Seller within 7 days in accordance with clause 10.1.1 you are deemed to have accepted the Item as being in a condition corresponding to the description under which you purchased the Item.

 

11. Privacy

 

11.1. Except as provided in Clothesagency.com’s Privacy Policy we will not sell or disclose your personal information to third parties without your explicit consent.

 

12. No Warranty

 

12.1. Clothesagency.com, officers, directors, employees, and suppliers provide Clothesagency.com’s Website and services ‘As Is’ and without any warranty or condition, implied or statutory. Clothesagency.com it’s officers, directors, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for particular purpose and non-infringement.  In addition, no advice or information (oral or written) obtained by you from Clothesagency.com shall create any warranty.

 

13. Limitation of Liability

 

13.1. Save to the extent required by law, we shall not be liable for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise.

 

13.2. To the fullest extent permitted by law, the Seller shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.

 

13.3. The limitations in clauses 13.1 and 13.2 shall not apply to limit the Sellers’ liability if and to the extent the Seller has been guilty of fraud or dishonesty, or in relation to a claim for death or personal injury resulting from our negligence.

 

13.4. None of the provisions contained in these Terms affect your statutory rights.

 

14. Intellectual Property

 

14.1. Clothesagency.com does not claim ownership rights in any Content uploaded by an Independent Seller.

 

14.2. You acknowledge and agree that, subject to clause 14.1 above, all other Website content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material contained in sponsor advertisements or information presented to you by Clothesagency.com, its partners or advertisers, is protected by copyright, trade marks, patents, or other proprietary rights and laws.  None of the aforementioned content and information may be reproduced without the express prior consent of Clothesagency.com, its partners or advertisers.

 

14.3. You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the information contained in this Website. 

 

14.4. You may not transmit, distribute, sell or create derivative works of such content or information without express authorisation from us and/or the author of the works.

 

14.5. The “Clothesagency” name and associated trademarks and logos appearing on the Website are, unless indicated otherwise, the trademarks of Clothesagency.com. 

 

14.6. All intellectual property rights in and to the Website are expressly reserved to Clothesagency.com or (as the case may be) the organisation which has licensed Clothesaganecy.com to reproduce the same and accordingly none of the trade marks may be reproduced without the express prior consent of Clothesaganecy.com.

 

15. General

 

15.1. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated. 

 

15.2. No person other than Clothesagency.com or a Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated. 

 

15.3. The privacy of your personal data is important to us and we shall ensure that we comply with all relevant data protection legislation. However, the transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal data, we cannot guarantee the security of information transmitted to the Website and to other Sellers and therefore any transmission is at your own risk. 

 

15.4. Subject to clause 15.3, and our Privacy Policy, we shall at all times keep your personal data confidential and we shall not, without your prior consent, disclose your personal data to any third party unless required to do so by law. 

 

15.5. We may send newsletters and other marketing communications to you from time to time.  Please let us know if you would prefer not to receive these.    

 

15.6. Any notice or other communication required to be given under these Terms by you to us shall be in writing and posted to us at the address set out above.  Any notice sent by email shall only be valid if acknowledged by us in writing. 

 

15.7. Any notice or other communication required to be given under these Terms by us to you shall be in writing and sent by post or by email to your last known address. 

 

15.8. You agree that it is your sole responsibility to maintain correct and current contact details for you on the Website including a valid email address and telephone number. 

 

15.9. We shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control. 

 

15.10. By using Clothesagency.com, you agree to accept the risks of buying Items from Sellers and that Clothesagency.com (and Clothesagency.com officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of Sellers or Users on Clothesagency.com. Please use caution, common sense, and practice safe buying and selling when using Clothesagency.com. 

 

15.11. Whilst we will try to provide you with uninterrupted access to this Website and its Services, we may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the we have a legal, technical or other good reason to do so (including technical difficulties experienced by us or any Internet infrastructure).  However, we will try, wherever possible, to give reasonable notice of our intention to do so 

 

15.12. If we fail to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision. 

 

15.13. Unless expressly provided in the Agreement no term of it is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it. 

 

15.14. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 

 

15.15. These Terms and the Agreement are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts. 

 

16. Survival

 

16.1. The sections: Introduction, Definitions, Eligibility, Formation of Contract, Display of Items on the Website, Ordering Items, Your Obligations, Prices, Payment & Delivery, Cancellation and Refund, Returns Policy, Privacy, No Warranty, Affiliates, Limitation of Liability, Intellectual Property, General, and Disclosures shall survive any termination or expiration of this Agreement. 

 

17. Disclosure 

 

17.1. The services hereunder are offered by Clothesagency.com Limited, located at Pincot Cottages, Pitchcombe, Gloucestershire. GL6 6LY. United Kingdom.