Terms & Conditions

Independent sellers’ terms & conditions

 

1. Introduction

 

These Terms and Conditions (“Terms”) are the terms and conditions which apply to the relationship between Sellers or potential Sellers 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 Clotheagency.com.

 

If you are using our Sell For Me service or you have Items that you wish Clothesagency.com to sell on your behalf then please read our Sell For Me Terms and Conditions.

 

By listing Items for sale on the Clothesagency.com Website you are accepting 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. 

 

2. Definitions

 

In these Terms the following definitions shall apply:

 

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

 

“Buyer” - 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;

 

“Fee” or “Fees” - means the amount Clothesagency.com charges for its’ services;

 

“For Sale Price” - means the price at which an Item is marketed on the Website;

 

“Item” - means any garment or other Item listed by you on the Website with a view to it being sold via the Website;

 

“Independent Seller” or “Seller” or “you” - means the person named in the registration page as the owner of an Item (and “your” and "yourself" shall be construed accordingly);

 

“Listing Fee” - means the amount Clothesagency.com charges a Seller to list an Item for sale on the Website;

 “Start Date” - means the date on which an Item is first marketed on the Website;

 

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

 

“Term” - means the duration an Item is marketed on the Website.  This duration is 12 months from the date the Item is first listed (Start Date);

 

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

 

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

 

3. Eligibility

 

3.1. A Clothesagency.com Independent Sellers’ account is available only to, and may only be used 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 accept any person or entity for an Independent Sellers’ account and can 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. Compliance

 

4.1. As an Independent Seller you acknowledge that www.Clothesagency.com will act as a venue to allow you to offer and sell certain fashion goods within a fixed-price format. Consequently, Clothesagency.com does not transfer legal ownership of Items from you to the Buyer.

 

4.2. You and Clothesagency.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

4.3. 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.

 

4.4. 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 Clotheagency.com. You use the Clothesagency.com service at your own risk.

 

4.5. You agree to comply with all local laws regarding online conduct and acceptable content.

 

4.6. You are responsible for all applicable taxes. In addition, you must abide by Clothesagency.com's policies as stated in these Terms, the Website Terms of Use and the Privacy Policy (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Clothesagency.com, each of which is incorporated herein by reference and each of which may be updated by Clothesagency.com from time to time without notice to you.

 

4.7. You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell Items on Clothesagency.com you must provide and maintain a valid PayPal account.

 

4.8. Clothesagency.com reserves the right to refuse service to anyone at any time. Clothesagency.com’s services are not available to temporarily or indefinitely suspended Clothesagency.com members. Clothesagency.com reserves the right, in Clothesagency.com’s sole discretion, to cancel unconfirmed or inactive accounts.

 

4.9. If you are selling Items as a business entity then you must ensure that your account information reflects your business status.

 

5. Fees and Services


5.1. For Independent Sellers listing Items on the Website there will be an up front Listing Fee charged at £3.75 per Item per 12 month Term.

 

5.2. All Listing Fees paid to us are non-refundable.

 

5.3. We reserve the right to increase our Fees at anytime; and

 

5.3.1. any increase to the Fees for Clothesagency.com services are effective after Clothesagency.com provides you with at least thirty (30) days' notice by posting the changes on the Website.

 

5.4. We may choose to temporarily change the Fees for our services for promotional events.

 

5.5. We may decrease the Fees at anytime with no notice.

 

5.6. In the event Clothesagency.com introduces a new service, the Fees for that service are effective at the launch of the service. Unless otherwise stated, all Fees are quoted in UK Pounds (GBP).

 

5.7. You are responsible for paying all Fees and applicable taxes associated with using Clothesagency.com.

 

5.8 If at the end of the Term an Item remains unsold, then the Item, including images and related information, will be deleted from the Website and you shall receive an email confirming the removal of the Item.

 

5.9. All Fees are inclusive of UK VAT where applicable. In certain circumstances fees will not be subject to UK VAT but you may be liable to indirect taxes in your own country. Clothesagency.com recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU Sellers who are VAT-registered. EU Sellers are liable to notify Clothesagency.com of any change in VAT status.

 

6. Listing Items for Sale

 

6.1. Items you list on the Website for sale must adhere to our Photographic Guidelines and include an accurate written description provided by you, which shall include the For Sale Price, and at least one photograph. You may amend your written description at any time until the Item is sold.

 

6.2. By listing an Item on the Website, you are confirming that; 

 

6.2.1. all aspects of the Item comply with Clothesagency.com's published policies;

 

6.2.2. you are the rightful owner of the Item in question and you have full authority to sell the Item without anyone else’s permission; or

 

6.2.3. you have obtained any necessary permission); or 

 

6.2.4. where you are selling Items on behalf of someone else, you have the owner’s permission to sell the Item in your own name as though the Item were your own; and

 

6.2.5. the Item may be lawfully sold to consumers in the UK;

 

6.2.6. the Item is not stolen or counterfeit;

 

6.2.7. the Item conforms to the description in your listing;

 

6.2.8. the Item is in perfect condition, unless you have accurately described in the Item listing any damage or wear to the Item; or

 

6.2.9.  if the Item has been worn, it has been professionally dry-cleaned.

 

6.3. We reserve the right to remove any Item for sale from the Website, including where we believe the Item is not legally licensed for sale to consumers in the UK, if we believe it may be counterfeit or stolen or if we believe it is a product which has not been originally put on the market for sale to consumers.

 

6.4. We reserve the right to suspend any Item for sale from the Website, where we believe the Item has not been listed in line with our Photographic Guidelines, and;

 

6.4.1. you will be notified of the suspension and given the option to upload new photographs of the Item inline with our Photographic Guidelines, and;

 

6.4.2.  if the Item is re-listed inline with our Photographic Guidelines within the paid Term then the Item shall be reactivated free of charge for the remainder of the Term.

 

6.5. You may choose to cease marketing an Item and remove it from the Website at any time before you have accepted an offer from a Buyer to purchase it.

 

6.6. If at anytime you choose to cease marketing an Item and remove it from the Website then you shall not be entitled to a refund for any Listing Fees paid in respect of this Item.

 

6.7. The For Sales Price shall be exclusive of postage and packing.

 

7. Sale of Items

 

7.1. All sales are binding.

 

7.2. Once a Buyer has paid the Price for the Item and all other sums due to you under the Buyers’ Terms and Conditions, you are obligated to ship the order or otherwise complete the transaction with the Buyer, unless there is an exceptional circumstance, such as:

 

7.2.1. the Buyer fails to meet the terms of the Seller's listing (such as payment method), or  

7.2.2. the Seller cannot authenticate the Buyer's identity.

 

7.3. Where an Item is returned by a Buyer to you pursuant to either the Consumer Protection (Distance Selling) Regulations 2000 or such returns policy as we may operate for Buyers from time to time, and it is within the current Term then you may remarket the Item for sale on the Website for the remainder of the Term for no additional charge.

 

8. Postage and Delivery

 

8.1. You may charge reasonable shipping and handling fees to cover the costs for packaging and posting the Items.

 

8.2. You may not charge excessive shipping fees.

 

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

 

8.4. As an Independent Seller we strongly recommend that you insure Items prior to postage until the Item is delivered. Once you have a confirmed receipt of delivery to the Buyer by means of a signature then the responsibility of your purchased goods is then passed to the Buyer.

 

8.5. You agree to dispatch Items within 48 hours of receiving payment for an order (Monday to Friday). We do not accept any liability for failure of a Seller to dispatch Items within this time frame.

 

9. Cancellation and Refund (EU customers only)

 

9.1. In accordance with the Regulations, if you are acting as a business when Selling an Item, then a Buyer may cancel an order for any reason at any time within 7 working days counting from the day after they received the Item, by giving the Seller notice in writing.

If you are Selling Items as a business then we strongly advise that you familiarise yourself with Consumer Protection (Distance Selling) Regulations 2000

 

9.2. Upon receiving a notice of cancellation from a Buyer in accordance with the Regulations you will confirm receipt of the notice by email to the Buyer and provide them with a returns address and notification that they must return the Item to you within 7 days of this email.

 

9.2.1. If the Item is returned to you at the expense of the Buyer, within 7 days and in the same condition it was sent to the Buyer then you will provide the Buyer with a full refund within 30 days of cancellation of the order.

 

10. Your Obligations

 

10.1. 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.

 

10.2. Your Content and your use of Clothesagency.com:

 

10.2.1. Must not be false, inaccurate or misleading;

 

10.2.2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen Items;

 

10.2.3. Must not involve the sale of real fur Items.;

 

10.2.4. Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity; or

 

10.2.5. Must not violate this Agreement, any site policy or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

 

10.2.6. Must not contain Items that have been identified as hazardous to consumers;

 

10.2.7. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Clothesagency.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;

 

10.2.8. Must not be obscene;

 

10.2.9. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information;

 

10.2.10. Must not modify, adapt or hack Clothesagency.com or modify another Website so as to falsely imply that it is associated with Clothesagency.com;

 

10.2.11. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Clothesagency.com.

 

10.3. Furthermore, you must not list any Item on Clothesagency.com (or conclude any transaction that was initiated using Clothesagency.com's service) that, by paying to Clothesagency.com a listing fee, could cause Clothesagency.com to violate any applicable law, statute, ordinance or regulation, or that violates our Website Terms of Use.

 

10.4. 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.

 

10.5. 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.

 

10.6. If you choose to display your own Clothesagency.com hosted image on another Website, the image must provide a link back to its listing page on Clothesagency.com.

 

11. Website Content 

 

11.1. Clothesagency.com does not claim ownership rights in your Content.  

 

11.2. You grant Clothesagency.com a licence solely to enable Clothesagency.com to use any information or Content you supply Clothesagency.com with so that Clothesagency.com is not violating any rights you might have in that Content.  

 

11.3. You grant Clothesagency.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content.  

 

11.4. You agree to allow Clothesagency.com to store or re-format your Content on Clothesagency.com and display your Content on Clothesagency.com in any way as Clothesagency.com chooses.  

 

11.5. By posting Content on Clothesagency.com, it is possible for an outside Website or a third party to re-post that Content. You agree to hold Clothesagency.com harmless for any dispute concerning this use.  

 

12. Privacy

 

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

 

13.  No Warranty

 

13.1. 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.

 

14. Affiliates 

 

14.1. We offer an affiliates scheme.  If you are an affiliate it is your responsibility to make the relevant disclosures concerning any tax, financial, legal or other obligations you have relating to any monies we may send to you under the affiliates scheme.  We can accept no liability for any failure to comply with your obligations in this regard. 

 

15. Limitation of Liability 

 

15.1. Save to the extent required by law, we shall not be liable: 

 

15.1.1. for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise; 

 

15.1.2. in relation to the setting of the For Sale Price of any Item; 

 

15.1.3. for any failure to achieve a sale of any Item; or 

 

15.1.4. for any loss or damage arising from any interruption to the operation of the Website for any reason, in each case whether arising from our negligence or otherwise. 

 

15.2. To the fullest extent permitted by law, we 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. 

 

15.3. The limitations in clauses 15.1, shall not apply to limit our liability if and to the extent that we have been guilty of fraud or dishonesty, or in relation to a claim for death or personal injury resulting from our negligence. 

 

15.4. 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. 

 

15.5. Clothesagency.com’s liability, and (as applicable) it’s officers, directors, employees or suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of listing fees you pay to Clothesagency.com in the 12 months prior to the action giving rise to liability, and (b) £50. 

 

16. Intellectual Property  

 

16.1. Subject to Clause 11, you acknowledge and agree that all 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.   

 

16.2. You acknowledge that 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. 

 

16.3. The “Clothesagency.com” name and associated trade marks and logos appearing on the Website are, unless indicated otherwise, the trade marks of Clothesagency.com Limited.   

 

16.4. 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 Clothesagency.com to reproduce the same and accordingly none of the trade marks may be reproduced without the express prior consent of Clothesagency.com. 

 

17. General 

 

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

 

17.2. 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. 

 

17.3. 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 secure transmission of information via the internet can never be guaranteed.  Although we will do our best to protect your personal data, we cannot guarantee the security of information transmitted to and from the Website and any such transmission is at your own risk.   

 

17.4. Subject to clause 17.3 above, 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. 

 

17.5. 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 by emailing contact@clothesagency.com. 

 

17.6. 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. 

 

17.7. 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. 

 

17.8. 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. 

 

17.9. 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. 

 

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

 

17.11. 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 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. 

 

17.12. 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. 

 

17.13. 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. 

 

17.14. 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. 

 

17.15. 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. 

 

18. Survival  

 

18.1. The sections: Introduction, Definitions, Eligibility, Compliance, Fees and Services, Listing Items for Sale, Sale of Items, Postage and Delivery, Your Obligations, Cancellation and Refund, Website Content, Privacy, No Warranty, Affiliates, Limitation of Liability, Intellectual Property, General, and Disclosures shall survive any termination or expiration of this Agreement.

 

19. Disclosure 

 

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