Terms and Conditions of Business
Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).
- Company details. Clothes Junkies Ltd (company number 10358029) (we and us) is a company registered in England and Wales and our registered office is at 20-22 Wenlock Road, London N1 7GU. We own and operate the website www.clothesjunkies.com (site).
- Contacting us. To contact us, e-mail [email protected] . How to give us formal notice of any matter under the Contract is set out in clause 16.2.
Our contract with you
- Our contract. These terms and conditions (Terms) apply to the supply of Services by us to you and the purchase of Goods by us from you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- Language. These Terms and the Contract are made only in the English language.
- Your copy. You should print a copy of these Terms [or save them to your computer] for future reference.
Requesting a Quote and its acceptance
- Requesting a Quote. Please follow the onscreen prompts to submit a request for a Quote. You may only request a Quote using the method set out on the site and only if you have created an account with us ( Account). In order to submit a request, you will be required to confirm that the Goods meet our quality standards (see clause 5.3 Quality standards). Each request is an offer by you to sell the goods specified therein (Goods) and to use the Services subject to these Terms.
- Correcting input errors. Our process allows you to check and amend any errors before submitting your request to us. Please check your request carefully before confirming it. You are responsible for ensuring that your request and any description of the Goods submitted by you is complete and accurate.
- Acknowledging receipt of your request. After you submit your request, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your request has been accepted. Our acceptance of your request will take place as described in clause 3.4.
- Accepting your request. Our acceptance of your request takes place when we provide you with a quotation offer (by updating your Account status and sending email confirmation) for to you to accept (Quote), at which point and on which date ( Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Goods confirmed in the Quote.
- If we cannot accept your request. If we are unable to accept your request and make an offer to purchase the Goods for any reason, we will inform you of this and we will not provide a Quote. If you have already sent the Goods, we will return them.
Accepting a Quote and sending the Goods
- Accepting a Quote. A Quote is only valid for 7 days and you must accept it within that time using the method and following the onscreen prompts set out on the site. You will be required to provide information about your address as well as your payment details in order for you to receive payment for the Goods. Our process allows you to check and amend any errors before submitting these to us.
- Failing to accept a Quote. If you fail to accept a Quote before the 7-day period expires and you still want to sell us the Goods, you will have to submit a new request and follow the procedures set out in clause 3 (Requesting a quote and its acceptance). Otherwise, there are no consequences for failing to accept a Quote.
- Declining a Quote. You may decline a Quote within the 7-day period.
- Sending the Goods. We must receive the goods within 14 days immediately following the day you accept a valid Quote. We only accept Goods sent to us by post using the free postage label automatically generated and made available to you by Royal Mail. By following the onscreen prompts after accepting a Quote, you may either download and print your free postage label or request a QR barcode and go to a Royal Mail depot where they can print the free postage label.
- Approved Goods. Upon receipt of the Goods, we will check that they correspond to any description given in your submitted request for a Quote and that they meet our acceptance criteria (see clause 5.2 Acceptance criteria). If they do, they will be approved and we will pay you the amount set out in our Quote for the Goods (see clause 9 Howe we pay).
- Unapproved Goods. If we do not approve the Goods we will notify you and provide reasons for our decision. All unapproved Goods are required to be collected by courier (organised and paid for by you) within 30 days from notification, on a date to be agreed by us. If the Goods are not collected from us within the 30-day period, you agree that we may destroy or otherwise dispose of the Goods in such manner as we see fit.
- Our discretion. We reserve the right to refuse any Goods for any reason, for example, if they do not correspond to the description given in your submitted request for a quote or we do not consider them to be fashionable, and you acknowledge and agree that the final decision on the acceptability and approval of Goods rests solely with us.
- Lost Goods. In the event that the Goods are lost in transit, we may be able to obtain compensation from Royal Mail under their relevant terms. We would use our reasonable endeavours to obtain compensation but we cannot guarantee such.
Goods we accept
- Goods we accept. We only purchase pre-owned or used clothes, shoes or accessories, that are genuine and which meet our acceptance criteria (see clause 5.2 Acceptance criteria). In these Terms, “pre-owned” includes new items with tags.
- Acceptance criteria. The Goods must meet our quality standards and be considered by us to be ‘A Grade’ (see clause 5.3 Quality standards). It is preferable that the Goods are also listed in the “Brands we buy” section of the site and they must meet such other criteria that may be stipulated by us from time to time.
The Goods you send us after accepting a Quote must meet our quality
standards set out below to be considered ‘A Grade’. They must:
- be clean (not dirty, without unintended stains);
- be undamaged and without obvious signs of wear and tear (no unoriginal or unintended rips, tears or holes, and any stitching must be in good condition);
- not be dirty, soiled or stained;
- be genuine items and not be counterfeit, replicas or imitations;
- meet such other standards as we may stipulate from time to time in these Terms or on the “A Grade” section of the site.
- Genuine items. We only purchase genuine Goods. It is a condition of the Contract that the Goods you send to us are genuine goods and are not counterfeit, replicas or imitations. If we suspect or discover that the Goods are not genuine we will notify you, upon doing so the Contract will be terminated immediately. The Goods must be returned to you by courier within 30 days from notification, which you are required to organise and pay for. Any collection date by the courier must be agreed by us in advance. If the Goods are not collected from us within the 30-day period, you agree that we may destroy or otherwise dispose of the Goods in such manner as we see fit.
- Services. The services offered through this site allows users to request quotations for us to purchase their pre-owned or used clothes, shoes or accessories (Services).
- Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
- Compliance with specification . Subject to our right to amend the specification (see clause 6.4) we will supply the Services to you in accordance with the specification for the Services appearing on our site at the date of your request in all material respects.
- Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
- Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
- Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Quote, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
It is your responsibility to ensure that:
- you provide complete and accurate information when requesting a quote and when accepting a Quote;
- you comply with all instructions, guidelines or prompts relating to the Services;
you upload suitable and adequate photographs when requesting a
quote, in particular, you provide images showing the Goods:
- from a front and back view (for shoes, top and side views for each shoe);
- laid flat against a white or light coloured background.
- you co-operate with us in all matters relating to the Services;
- the Goods offered to us meet our quality standards and are ‘A Grade’ (see clause 5.3 Quality standards);
- you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
By submitting a request for a quote, you confirm to us that:
- you are capable of entering into a legally binding contract;
- you own the Goods and you are entitled to sell them;
- you own the rights in and are entitled to upload the photographs of the Goods; and
- the Goods are genuine and not counterfeit, replicas or imitations.
If our ability to perform the Services is prevented or delayed by
any failure by you to fulfil any obligation listed in clause 7.1 ( Your Default):
- we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 14 (Termination);
- we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
- it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
- It is your responsibility to ensure that:
Services in UK only
Unfortunately we are unable to perform the Services at addresses outside the UK.
How we pay
- If we approve the Goods we receive from you and agree to buy them, we will pay you in accordance with this clause 9.
- Price. We will pay the price we in our Quote, such price is inclusive of any applicable VAT.
- Payment method. Currently we only make online payments by direct bank transfer using the bank account details you provide after accepting the Quote.
- When payment will be made. Provided we receive and approve the Goods before 3 pm (except on Saturday, Sunday or a Bank Holiday), we will instruct for payment to be released on the same day. We use Barclays Bank Plc and subscribe to the Barclays.Net service, which claims to facilitate next working day payments. However, we do not guarantee that you will receive funds on the next working day and we will not be liable in any way for late payments.
If you have any questions or if a problem arises or you are dissatisfied with the Services, please contact us via email on [email protected].
Intellectual property rights
- The site and the Services. All intellectual property rights in or arising out of or in connection with the site and the Services (other than intellectual property rights in any materials provided by you) will be owned by or licensed to us.
- Licence. You agree to grant us a fully paid-up, non-exclusive, royalty-free licence to copy, modify and use any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you. Such materials shall include (without limitation) any photographs uploaded by you when requesting a Quote.
Trade marks and service marks.
- The Clothes Junkies name and logo are trade marks and service marks of and belonging to Clothes Junkies Ltd.
- On the “Brands we buy” section of the site we display trade marks and service marks belonging to third parties, which may registered or unregistered (Third Party Marks ). The reason we display Third Party Marks is to identify goods as those of the relevant brand/third party to which the Third Party Marks relate, for the purpose of informing users of the site what pre-owned or used clothes, shoes or accessories we are interested in purchasing.
- The presence of Third Party Marks does not indicate that we, our site or the Services are endorsed by or affiliated with the relevant owners or licensees of the Third Party Marks.
How we may use your personal information
We will use any personal information you provide to us:
- to provide the Services; and
- to process payment for the Goods.
- We will also use personal information you provide to us, if you agreed to this when setting up your Account, to inform you by email about products and services that we feel may interest you, but you may stop receiving these at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so .
- We will use any personal information you provide to us:
Limitation of liability
Nothing in the Contract limits or excludes our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by applicable law.
Subject to clause 13.1, we will not be liable to you, whether in
contract, tort (including negligence), for breach of statutory
duty, or otherwise, arising under or in connection with the
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- wasted expenditure;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
- Subject to clause 13.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the price in the Quote, or if greater, £50.
- Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
- This clause 13 will survive termination of the Contract.
- Nothing in the Contract limits or excludes our liability for:
Without limiting any of our other rights, we may suspend the
performance of the Services, or terminate the Contract with
immediate effect by giving written notice to you if:
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so; or
- you fail to pay any amount due under the Contract on the due date for payment.
- Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
- Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control ( Event Outside Our Control).
If an Event Outside Our Control takes place that affects the
performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.
Communications between us
- When we refer to "in writing" in these Terms, this includes email.
- Any notice or other communication given under or in connection with the Contract must be in writing and be sent by email and confirmed by first-class post.
A notice or other communication is deemed to have been received:
- when sent by email, at 9.00 am the next working day after transmission; and
- when sent by first class post or other next working day delivery service, at 9.00 am on the second working day after posting.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer.
- We may assign or transfer our rights and obligations under the Contract to another entity.
- You may not assign or transfer your rights or your obligations under the Contract to another person.
- Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them or any part of them is unlawful or unenforceable, the remainder or the paragraph as well as all other remaining paragraphs will remain in full force and effect.
- Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
- Assignment and transfer.
Last updated: September 2017
Terms & Conditions of Sale
- What these terms cover . These are the terms and conditions on which we supply goods to you. Such goods may be described as reclaimed or revived, which means they are pre-owned, and the term “pre-owned” may also include new items with tags.
- Why you should read them . Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
- Who we are . We are Clothes Junkies Ltd a company registered in England and Wales. Our company registration number is10358029 and our registered office is at 20-22 Wenlock Road, London N1 7GU.
- How to contact us . You can contact us by writing to us at [email protected] .
- How we may contact you . If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails . When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
- How we will accept your order . Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order . If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number . We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Products may vary slightly from their pictures . The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 about Your rights to end the contract).
Providing the products
- Delivery costs . The costs of delivery will be as displayed to you on our website.
- When we will provide the products . We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- We are not responsible for delays outside our control . If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered . If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery . If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
- When you become responsible for the goods . The goods will be your responsibility from the time we deliver them to the address you gave us.
- When you own goods . You own the goods once we have received payment in full.
- What will happen if you do not give required information to us . We may need certain information from you so that we can supply the products to you, for example, your email address, delivery address, billing address and payment details. If so, this will have been stated in the description of the products on our website. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you
. We may have to suspend the supply of a product:
- if, due to technical problems you are able to purchase products that are out of stock;
- to deal with technical problems or make minor technical changes;
- to update the product to reflect changes in relevant laws and regulatory requirements.
- Your rights if we suspend the supply of products . If possible, we will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will refund the price paid for the product.
Your rights to end the contract
You can always end your contract with us
. Your rights when you end the contract will depend on what you
have bought, whether there is anything wrong with it, how we are
performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- If you have just changed your mind about the product, see clause 7.3 You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5.
Ending the contract because of something we have done or are
going to do
. If you are ending a contract for a reason set out at (a) to (e)
below the contract will end immediately and we will refund you in
full for any products which have not been provided and you may also
be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 21 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013) . For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
- How long do I have to change my mind? If you have bought goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days . In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Ending the contract where we are not at fault and there is no right to change your mind . Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can always end your contract with us . Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
How to end the contract with us (including if you have changed your
Tell us you want to end the contract
. To end the contract with us, please let us know by doing one of
- By completing and returning the “Returns” section of the invoice we sent to you with the products; or
- In case you have misplaced or lost the invoice, by downloading, printing, completing and returning the returns form to the address stipulated there. The returns form can be found here, www.clothesjunkies/returns.pdf .
- Returning products after ending the contract . If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by courier at your cost to Clothes Junkies Returns Department, Office 2, Post Office House, High Street, Uckfield, East Sussex TN22 1AP United Kingdom. If you are exercising your right to change your mind you must send off the goods within 21 days of telling us you wish to end the contract.
When we will pay the costs of return
. We will pay the basic costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- What we charge for collection . If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you . We will refund you the price you paid for the products including basic delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. The products must be returned to us in their original state in which they were sent to you and must be unworn.
Deductions from refunds if you are exercising your right to
change your mind
. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made . We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in respect of goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- Tell us you want to end the contract . To end the contract with us, please let us know by doing one of the following:
Our rights to end the contract
We may end the contract if you break it
. We may end the contract for a product at any time by writing to
- you do not complete payment at the time of checkout;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract . If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may withdraw the product . We may write to you to let you know that we are going to stop providing the product. We will let you know at least 24 hours in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
- We may end the contract if you break it . We may end the contract for a product at any time by writing to you if:
If there is a problem with the product
- How to tell us about problems . If you have any questions or complaints about the product, please contact us. You can write to us at [email protected] .
- Summary of your legal rights . We are under a legal duty to supply products that are in conformity with this contract. For further information about your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected products . If you wish to exercise your legal rights to reject faulty products you must send them back to us by courier and we will pay the return costs.
Price and payment
- Where to find the price for the product . The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT . If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong . It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay . We accept payment with debit/credit card and PayPal. When you buy goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- We can charge interest if you pay late . If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong . If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us . If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987
- Counterfeit goods . Where we sell pre-owned goods, we have done everything we reasonably can to satisfy ourselves that the goods are genuine. As part of our standard business terms on our website, we do not accept or purchase goods which are counterfeit, replicas or imitations. In the unlikely event you consider you have received goods that are not genuine, please contact us and depending on the circumstances you may be entitled to a refund, store credit or a replacement (subject to availability). In such circumstances, this is the extent of our liability to you.
- We are not liable for business losses . We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
How we will use your personal information
. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information by email about similar products that we provide, but you may stop receiving this at any time by contacting us.
- We will also use personal information you provide to us, if you agreed to this when setting up your account with us, to inform you by email about products and services that we feel may interest you, but you may stop receiving these at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so .
- How we will use your personal information . We will use the personal information you provide to us:
Other important terms
- We may transfer this agreement to someone else . We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- You need our consent to transfer your rights to someone else . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract . This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings . These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
- Alternative dispute resolution . Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ADR Group via their website at http://www.consumer-dispute.co.uk . ADR Group will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Last updated: September 2017