Terms & Conditions

"Sell For Me" terms & conditions

 

1. Introduction

 

These Terms and Conditions (“Terms”) are the terms and conditions which apply to the relationship between individuals that request Clothesagency.com to act as their Agent and sell their garments and other goods on their behalf through the www.clothesagency.com website. These Terms 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. In submitting a ‘Sell For Me Form’ and requesting us to sell Items on your behalf on the www.clotheagency.com 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.

 

2. Definitions

 

In these Terms the following definitions shall apply:

 

“Agent” - means a person or company who is authorized 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” - means the buyer of an Item which is sold through the Website;

 

“Charity” - means an organisation with registered charitable status; 

 

“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 (i.e. an agreed Provisional Price);

 

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

 

“Provisional Price” - means the provisional price at which an Item is proposed to be marketed on the Website determined in accordance with clause 6;

 

“Seller” or “you” - means the owner of an Item on whose behalf we are selling (and “your” and "yourself" shall be construed accordingly);

 

“Sell For Me Form” - means the form on the Website, containing a description of such Item(s), submitted by a Seller that requests Clothesagency.com to sell an Item for them on their behalf;

 

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

 

“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. The Sell For Me services 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 the Sell For Me service 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. Offering Items for sale

 

4.1. In submitting a Sell For Me Form you are requesting us to act as an Agent and to sell the relevant Item(s) on your behalf. 

 

4.2. In marketing and/or selling any Item through the Website we are acting solely in our capacity as your Agent. 

 

4.3. Within 5 working days of you submitting a Sell For Me Form, we will contact you by email to: 

 

4.3.1. confirm whether or not we are willing to provisionally accept the Item for sale and;  

 

4.3.2. if we are willing to sell the Item (such decision being subject to examination of the Item), the proposed Provisional Price of the Item. If we do not receive any objection from you in relation to the Provisional Price prior to sending to us or arranging collection of the relevant Item, you shall be deemed to agree to the Provisional Price. 

 

4.4. The Provisional Price is a provisional estimated selling price only, which shall be determined with reference to all relevant factors including, without limitation, the original retail price of the Item, the age, style and condition of the Item and other relevant market factors. Unless you have informed us otherwise in the Sell For Me Form, in setting the Provisional Price we shall assume that the Item is in perfect condition.  

 

4.5. We reserve the right to review and adjust the Provisional Price upon receipt of the Item in accordance with clause 7.5 below. 

 

4.6. We may, at our absolute discretion, refuse to accept any Item for sale. 

 

5. Collection / Delivery of Items

 

5.1. Subject to us provisionally accepting an Item for sale and agreeing a Provisional Price for an Item, at your option: 

 

5.1.1. we shall arrange for our Courier service to collect the Item from your UK mailing address. This cost will be covered by us; or 

 

5.1.2. you may post the Item to us via Royal Mail to the following address: Clothesagency.com Limited, Pincot Cottages, Pincot Lane, Pitchcombe, Gloucestershire. GL6 6LY. This shall be at your cost. 

 

5.2. Whether sent by courier or via Royal Mail, it is your responsibility to ensure that the Item is carefully and securely packaged so that it reaches us in good condition, and you shall ensure that any reference number provided by us in relation to the Item is clearly marked on the outside of the parcel. 

 

5.3. In the event that you arrange for collection of an Item it is your responsibility to ensure that the Item is available for collection on the agreed day. If our courier is unable to collect an Item because there is no one available at the agreed collection address, or you have provided an incorrect or incomplete collection address, we reserve the right to make a reasonable charge for any repeat collection trip. 

 

5.4. By sending the Item to us you do so at your own risk.  We accept no responsibility for Items that are lost, delayed or damaged in transit.   

 

5.5. When Clothesagency.com arrange the collection of an Item via our courier the Item shall remain your responsibility in transit. Any loss or damage or failure for the Item to arrive at our offices shall remain with you the Seller.

 

5.6. If you require Items sent by post to be insured against loss, damage or delay during transit, then it is your responsibility to arrange and pay for such insurance. When posting the Item to us we strongly recommend you obtain proof of postage. 

 

5.7. By sending an Item to us or by engaging us to collect an Item from you, you are confirming that; 

  

5.7.1. 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 

 

5.7.2. you have obtained any necessary permission); or   

 

5.7.3. 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 

 

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

 

5.7.5. the Item is not stolen or counterfeit; 

 

5.7.6. the Item conforms to the description in the Sell For Me Form;  

 

5.7.7. the Item is in perfect condition, unless you have accurately informed us of any damage or wear to the Item and we have agreed to accept the Item subject to such damage or wear; or 

 

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

 

5.8. Whilst the Items are held at Clothesagency.com we cannot accept responsibility for loss or damage to your Items.  

 

5.9. We reserve the right to refuse to accept any Item for sale, 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. Formation of Agreement

 

6.1. An Agreement between you and Clothesagency.com to sell an Item on your behalf as your Agent comes into existence at the moment an Item is received by us or collected by our courier, such Agreement being governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral. 

 

7. Acceptance / Rejection of Items

 

7.1. Within 7 days of receipt of an Item we shall examine it and confirm to you by email whether or not we accept the Item for sale on the Website.  

 

7.2. If we accept the Item, unless we notify you that we consider the Provisional Price is too high or too low in accordance with clause 7.5, the For Sale Price shall be the same as the Provisional Price. 

 

7.3. We shall be entitled, at our absolute discretion, to reject any Item received by us for any reason (even if the Item was provisionally accepted by us), in which event we shall email you to enquire whether either: 

 

7.3.1. you wish us to return the Item to you (which shall be at your expense and your risk and notify you of the cost of returning the Item; or 

 

7.3.2. you wish us to donate the Item to charity (the identity of the charity being our choice). 

 

7.4. If we receive an Item which is soiled and/or in need of repair, we shall email you and may, subject to your consent, arrange to have the Item cleaned and/or repaired at your expense and at your risk. If you do not consent to the Item being cleaned and/or repaired or you do not agree to any proposed cleaning or repair charge, we shall return the Item to you at your expense. 

 

7.5. If having examined the Item we consider that the Provisional Price is too high or too low, we shall send you an email notifying you of a revised price (the proposed For Sale Price). If you object to the revised price by email within 48 hours of when our email was sent, we shall return the Item to you at your expense within 14 days. If we do not receive any objections from you within the 48 hour period referred to above you shall be deemed to agree that we may market the Item at the proposed For Sale Price. 

 

8. Marketing Items on the Website

 

8.1. If we do not reject or return any Item pursuant to clauses 7.1, 7.3, 7.4 or 7.5 above, we shall have the sole and exclusive right to act as your Agent to sell the Item on these Terms and you shall not, during the term of the Agreement, try to sell the Item yourself or appoint any other person or company to sell the Item for you. 

 

8.2. Items will be marketed on the Website by means of a written description provided by us (and additionally, at your option, a written description provided by you), which shall include the For Sale Price, and at least one photograph. We may amend your or our written description at any time until the Item is sold. 

 

8.3. Copyright in our written description of the Item and the photograph(s) of it, and in any other marketing/promotional material we produce in relation to the Item shall belong to us. You shall not reproduce, nor permit anyone else to reproduce, such written description, photograph(s) or marketing/promotional material without our prior written consent. 

 

8.4. We shall market the Item subject to our standard Buyers’ Terms and Conditions as published on the Website as amended from time to time. 

 

8.5. Subject to clause 8.4, we shall market the Item at the For Sale Price (or any revised For Sale Price determined under clause 7.5) for at least 6 months from the Start Date. 

 

8.6. The For Sale Price is an estimate only of the price we think the Item might reasonably fetch having examined the Item, bearing in mind its condition. We do not make any representation or give any assurance that the Item will be sold at the For Sale Price or at all. 

 

8.7. If after 6 months from the Start Date the Item is not sold, you grant us permission, without notification, to reduce the For Sale Price of the Item by an amount up to, but not exceeding, 25% of the agreed For Sale Price. 

 

8.7.1. The For Sale Price of the Item may be reduced by more than 25% if jointly agreed in writing by both Clothesagency.com and the Seller. 

 

8.8. We reserve the right to cease marketing an unsold Item at any time, in which case we shall email you to enquire whether either: 

 

8.8.1. you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or 

 

8.8.2. you wish us to donate the Item to charity (the identity of the charity being our choice). 

 

8.9. If after 12 months from the Start Date the Item is not sold, we may contact you by email to enquire whether: 

 

8.9.1. you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or 

 

8.9.2. you wish us to donate the Item to charity (the identity of the charity being our choice). 

 

8.10. You shall pay the costs of returning the Item to you within 14 days of the date of an email referred to in clauses 7.3, 7.4, 7.5, 8.8 and 8.9. 

 

8.11. We reserve the right to own the Item without further notice to you If you fail to; 

 

8.11.1. pay when requested the costs of shipping any Item back to you within 14 days under clauses 7.3.1, 7.4, 7.5, 8.8.1, or 8.9.1 or 

  

8.11.2. collect the relevant Item from our offices, in either case within 3 months of date of the email referred to in clause 7.3, 7.4, 7.5 or 8.8 (as appropriate) or 

 

8.11.3. respond within 28 working days to our email notification regarding an unsold Item, as outlined in clause 8.9  

 

8.12. Our authority to sell the Item shall terminate on receipt of payment of the costs referred to in clause 8.10. 

 

9. Return of Items to You

 

9.1. We shall return the Item to you within 14 days of receipt of payment of the costs referred to in clause 8.10. 

 

9.2. Whilst in transit Items are the Seller's responsibility. 

 

9.3. When a Seller receives a returned Item, the Seller has 48hours to contact Clothesagency.com if there are any problems with the returned Item.  

 

10. Sale of Items

 

10.1. All sales are binding.  

 

10.2. Once a Buyer has paid the price for the Item and all other sums due to us under the Buyers’ Terms and Conditions, we shall release the Item to the Buyer. 

 

10.3. Where an Item is returned by a Buyer to us pursuant to either the Consumer Protection (Distance Selling) Regulations 2000 or such returns policy as we may operate for Buyers from time to time, we shall remarket the Item for sale on the Website. 

 

10.4. If an Item returned inline with the Regulations was originally sold within the Term, we shall remarket the Item at the For Sale Price at which it was last marketed on the Website for the remainder of the Term. 

 

11. Payment 

 

11.1. When we sell an Item we shall send notification to you by email, together with a transaction statement outlining any commission due to us in respect of that Item pursuant to clause 10.2, 28 days after the Item has been shipped to the Buyer. 

 

11.2. We shall be entitled to retain 40% of the proceeds of sale of the Item by way of commission; or  

 

11.2.1. For any items donated to Charity our commission shall be capped at a maximum of £50.00 per item. 

 

11.3. We shall remit to you, or your chosen Charity, the remainder of the proceeds of sale subject to the commission or costs referred to in clause 11.2, less any cleaning, repair and courier charges we have incurred in relation to the Item, when we send your Items we send them insured to the Buyer, the insurance cost will be deducted from the final selling price of your Item. Insurance is charged at £1.00 per £100 increments. 

 

11.4. Unless otherwise agreed in writing, the sum under clause 11.3 shall be paid to you, or your chosen Charity, by bank transfer or PayPal.  You shall ensure that you provide us with correct bank details or PayPal account details in good time to ensure that we can make prompt payment. 

 

12. Cancellation 

 

12.1. By sending an Item to us you agree that we should commence performance of our obligations under these Terms on receipt of the Item and consequently you acknowledge that you will not be able to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 once such performance has begun. 

 

12.2. You may request us by email to cease marketing an Item at any time before we have accepted an offer from a Buyer to purchase it, and return it to you at your risk and your expense.  

 

12.3. If you request us to cease marketing an Item as outlined in clause 12.2 we will;  

 

12.3.1. charge you an administration fee of £10 per Item plus any costs incurred by us in relation to the Item(s) including but not limited to cleaning, repair and postage costs; 

 

12.3.2. email you to confirm the relevant charges and costs outlined in clause 12.3.1; 

 

12.3.3. cease marketing the Item(s) by withdrawing it from the Website within five (5) working days of receipt of your request; and   

 

12.3.4. return the Item(s) to you within 14 days of receipt of payment in accordance with clause 12.3.1. 

 

12.4. We reserve the right of ownership of the Item without further notice to you if you fail to respond to our notfication within 4 weeks or to pay the Fees and costs outlined in clause 12.3.1 within 14 days of receipt of the email referred to in clause 12.3.2. 

 

12.5. You acknowledge and agree that you shall not be able to request the return of any Item or revoke our authority to sell such Item once we have accepted an offer from a Buyer to buy it. 

 

13. Privacy

 

13.1. Subject to Clothesagency.com’s Privacy Policy we will not sell or disclose your personal information to third parties without your explicit consent.

 

14. No Warranty

 

14.1. 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.

 

15. Affiliates

 

15.1. 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.

 

16. Limitation of liability

 

16.1. We shall not be liable:

 

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

 

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

 

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

 

16.1.4. 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.

 

16.2. 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.

 

16.3. Our aggregate liability to you under these Terms shall be limited to a sum equivalent to:

 

16.3.1. the For Sale Price at which the Item was marketed on the Website immediately prior to the act or omission by us giving rise to a claim by you; or

 

16.3.2. the Provisional Price, if the Item was never marketed on the Website; or

 

16.3.3. the market value of the Item, if we never proposed a Provisional Price for the Item, and

 

 16.3.4 in all instances shall not exceed the sum of £500 per item.

 

16.4. The limitations in clauses 16.3, 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.

 

16.5. 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. Intellectual Property

 

17.1. 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.  

 

17.2. 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.  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.

 

17.3. 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. 

 

17.4. 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.

 

18. General

 

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

 

18.2. 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.

 

18.3. 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.  

 

18.4. Subject to clause 18.3 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.

 

18.5. 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.

 

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

 

18.7. 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.

 

18.8. You agree that it is your sole responsibility to maintain correct and current contact details for you including your email address and telephone number.

 

18.9. 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.

 

18.10. 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.

 

18.11. 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.

 

18.12. 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.

 

18.13. 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.

 

18.14. 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.

 

19. Survival

 

19.1. The sections: Introduction, Definitions, Eligibility, Offering Items for sale, Collection / Delivery of Items, Formation of Agreement, Acceptance / Rejection of Items, Marketing Items on the Website, Return of Items to You, Sale of Items, Payment, Cancellation, Privacy, No Warranty, Affiliates, Limitation of Liability, Intellectual Property, General, and Disclosures shall survive any termination or expiration of this Agreement.

 

20. Disclosure

 

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