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1. Definitions:
1.1 “buyer” - means a Member buying items;
1.2 “Conditions” - these terms and conditions;
1.3 “items” - clothing, accessories and other permitted items listed for sale on the Site;
1.4 “Losses” - all and any losses, damages, actions, claims, costs and other liabilities;
1.5 “Member” - any person buying or listing items on the Site;
1.6 “seller” - means a Member listing items for sale;
1.7 “selling period” - each 28 day or (as the case may be) quarterly selling period as provided for in clause 7.1 or clause 7.3;
1.8 “Site” this website (www.clothesagency.com);
1.9 “We”/“Us”/“Our” refers to Clothes Agency.Com Limited;
1.10 “You”/“Your” refers to a Member.
2. Conditions:
2.1 These Conditions supersede all previous conditions and shall not be superseded, varied or waived other than by our express written consent and becoming a Member shall be conclusive proof of your unconditional acceptance of the Conditions. You are not permitted to buy or list any items on the Site unless you become a Member. However, membership fees are only payable by seller Members (see clause 7 for further details of fees payable by seller Members).
2.2 For the avoidance of doubt all transactions in respect of items listed on the Site shall be governed by the Conditions (to the exclusion of any terms and conditions of any Member) and we reserve the right to expel or exclude any Member who we reasonably believe has acted in breach of the Conditions or otherwise inappropriately or in such a way that may adversely affect the reputation of the Site.
2.3 We shall not be liable for any Losses arising from any transaction or any agreement to enter into a transaction made between Members and in particular we do not offer any guarantee or assurance as to the nature or quality of any items listed on the Site. Further we do not guarantee the performance of any Member and the inclusion of any Member on this Site does not constitute any assurance or guarantee as to the creditworthiness, reliability or integrity of such person.
2.4 The Conditions are subject to amendment by us at any time and such amendments will be posted on the Site and will become effective from the date of such posting.
3. The Site:
3.1 The Site is designed to be a venue for Members to buy and sell clothing and accessory items.
3.2 Neither we nor the Site sell or buy any items and we are not a party to any transaction between Members for the sale and purchase of any items (except where we are appointed as sales agents by prior agreement in accordance with clause 16) although we do reserve extensive rights to conciliate between Members and make decisions in respect of disputes between Members in accordance with clause 17.
3.3 The Site and all intellectual property rights in it is owned absolutely by us (Clothes Agency.Com Limited) (Regd No. 5033264), Pincot Cottage, Pitchcombe, Glos. GL6 6LY.
4. Membership:
4.1 Only one membership is permitted per person and per email address.
4.2 We will make reasonable endeavours to notify any Member whose email address is used for a new application for membership.
4.3 Members must be aged 18 or over and when registering to become a Member you must provide up to date, accurate and complete information. Any changes to such information must be made on the Site as soon as possible.
4.4 Members shall keep user names and password confidential.
4.5 We accept no responsibility for any Losses arising from any information listed or otherwise provided by or on behalf of a Member being in any way out of date, inaccurate or incomplete. Any Member providing or permitting the listing of such information shall indemnify us and any other Members against any Losses arising.
4.6 When registering as a Member you are required to state whether or not you are a business Member (“business” includes any trade or profession and full details are set out when you Register as a Member)
5. Cancellation of Membership:
In order to cancel your membership you must first delete all listings of items (if any) and then, subject to such deletion, you may cancel your membership at any time by emailing administration at contact@clothesagency.com stating user name and requesting cancellation.
6. Eligibility of Items:
6.1 Details of permitted and prohibited items are set out in Prohibited Items which Members shall become fully familiar with prior to listing any items. Items of a sexual nature are strictly prohibited.
6.2 We reserve the right to delete any listings which we believe are in breach of the Conditions.
7. Fees:
7.1 The fee options for Members are either:
7.1.1 Pay As You Go: £1.25 per item listed per 28 day selling period. The fee is due on the first day of each selling period and will be automatically due and payable on the first day of each subsequent selling period unless, prior to such date, the listing is removed from the Site; or
7.1.2 Advance Payment: £120 per quarterly selling period. The fee is due on the first day of each selling period and will become automatically due and payable on the first day of each subsequent quarterly selling period unless, prior to such date, all listings are removed from the Site. There is no fee per item listed under Advance Payment.
7.2 Although if you are a private Member you have the right to withdraw, without charge, from any new listing within 7 working days of such listing (under the Consumer Protection (Distance Selling) Regulations 2000) this right ceases if we start work with your consent within that time and it is hereby agreed and acknowledged by you that you consent to us starting work, namely completing the listing on the Site, immediately upon such listing appearing on the Site.
7.3 No reduced fee or refund is due in respect of any part of any selling period.
8. Nature of Items:
8.1 The items shall be supplied to the buyer in accordance with the description contained in the listing on the Site and the seller undertakes to describe all items in fair and accurate terms avoiding the use of offensive language or images, listed in the correct category and without infringing any third party’s intellectual property rights.
8.2 We reserve the right to amend or remove any listings which we believe to be in breach of the Conditions without warning.
8.3 The seller warrants that each item is of satisfactory quality except to the extent that the listing accurately specifies any defect. Whether the item is new, still has original labels/tags, is second-hand/pre-owned/used should be clearly stated.
8.4 The buyer accepts that most items listed on the Site are second-hand/pre-owned/used and, therefore, the buyer accepts that the quality of such items will not be “as new”.
9. Price and Terms of Payment:
9.1 The price for the items (including postage costs) shall be fully and accurately stated in the listing.
9.2 Payment for the items shall be made by the buyer promptly and in full by PayPal or other means acceptable to the seller.
10. Cancellation:
The buyer shall not be entitled to cancel any order made on this Site except with the specific written consent of the seller which may be given with conditions, for example, that the buyer pay an administration charge or similar to the seller.
11. Reservation of Ownership:
Property, legal and beneficial, in any item supplied shall not pass to the buyer until the seller has received full
payment for all sums then owed by the buyer to the seller.
12. Delivery:
12.1 Delivery shall be made promptly following receipt of payment but the buyer shall be bound to accept delivery provided that delivery shall be tendered at any time within 7 days of the date of payment.
12.2 The item shall be delivered to the buyer at the address stipulated in the buyer’s order and the buyer shall make all arrangements necessary to take delivery of the item whenever tendered for delivery and risk in the item shall pass to the buyer immediately after delivery to the buyer.
13. Acceptance of Items:
13.1 Subject to clause 13.4 the buyer shall inspect all items upon delivery or as soon as possible and in any event within 48 hours of delivery and shall as soon as possible and in any event within no more than 5 days of delivery notify the seller in writing of any defects or if the item(s) are not in accordance with the contract.
13.2 Subject to clause 13.4 if the buyer properly rejects any items which are not in accordance with the contract the buyer shall nonetheless pay in full for all such items unless the buyer promptly notifies the seller of such rejection in accordance with clause 13.1 and returns all such items to the seller within 3 days of such rejection.
13.3 Within 4 days of receipt of properly rejected items the seller shall refund to the buyer the full price for the items plus all initial and return delivery costs reasonably and properly incurred.
13.4 Notwithstanding clauses 13.1 and 13.2 if the buyer is acting as a consumer (buying the items other than in the course of a business) and the seller is acting as a business the Consumer Protection (Distance Selling) Regulations 2000 shall apply giving the buyer additional rights and, in the event of any conflict between this clause 13 and the Regulations, the latter shall prevail. Buyers and sellers are encouraged to visit Distance Selling Regulations for further information on sellers’ rights and buyers’ obligations. In particular sellers acting as businesses must clearly set out buyers’ rights of cancellation.
14. General Exclusions and Limitations:
14.1 The seller shall be under no liability whatever to the buyer for any consequential or indirect loss and\or expense (including loss of turnover and profit) suffered by the buyer arising out of a breach of this contract or negligence by the seller.
14.2 In the event of a breach of this contract or negligence by the seller the remedies of the buyer shall be limited to damages. Under no circumstances shall the liability of the seller exceed the price of the items.
14.3 The seller shall be under no liability whatever in respect of the following which are hereby expressly excluded, except insofar as such exclusions may be unlawful:
14.3.1 for injury, damage of any kind or nature, direct, indirect, consequential or contingent to personal property howsoever caused;
14.3.2 for any costs incurred by the buyer without the prior written approval of the seller to repair, replace, or carry out any work on any of the items, defective or otherwise;
14.3.3 for any other Losses whether direct or indirect and whether or not resulting from or contributed to or aggravated by the default or negligence of the seller, or its servants or agents or by any defect in the items.
14.4 Nothing in the Conditions shall exclude any liability for personal injury or death caused by the
negligence of the seller or affect any Member’s statutory rights as a private buyer dealing with a business
Member.
15. Feedback:
Members are encouraged to use the Member’s feedback scheme whereby Members can award grading stars to other Members. Members agree to act with the utmost good faith in grading other Members and acknowledge that good grades may induce other Members to deal with such Member whereas bad grades may discourage Members to use such Member and may lead to cancellation of that Member’s membership.
16. Charities and Celebrities:
16.1 In certain circumstances we accept instructions to act as agent for the sale of items on behalf of a charity or celebrity in exchange for a commission. Please visit Agency for further details.
16.2 As agent we accept no responsibility for any Losses suffered by any buyer Member whose sole claim and remedy shall be against our principal who shall indemnify us and the buyer Member against any Losses arising.
17. Disputes:
17.1 You hereby agree and acknowledge that, in the event of any dispute between you and any other Member, you will in the first instance use all reasonable endeavours to politely, quickly and fairly settle such dispute and to this end provide complete and accurate details of your position to the other Member and make yourself available at all reasonable times to discuss the dispute. If you are still unable to resolve your dispute you may refer it to us at Contact Us providing to us complete and accurate details of the dispute including the item(s) in question, the nature of the dispute, full details of the other Member(s) and any other information reasonably necessary to understand the dispute and your position. We will acknowledge your contact, copy it in full to the other Member(s) and request from such other Member(s) similarly complete and accurate details relating to the dispute.
17.2 All Members agree to promptly answer any questions we may raise relating to the dispute and at all times provide complete and accurate details.
17.3 We shall investigate the dispute in such manner as we shall, in our absolute discretion, consider fit before making a decision. Such decision will be communicated to you and the other Member(s) and shall be conclusive, final and binding on you and the other Member(s).
17.4 You and all other Members hereby agree and acknowledge that the dispute resolution provisions of this clause 16 are an integral part of the Conditions and you hereby unconditionally submit to such provisions and our decision as final and binding upon you and you will promptly and fully abide by any direction from us to return items, pay damages, refund money or otherwise.
18. Our Rights to Amend, Delete, Cancel and Suspend:
In the event that in our reasonable opinion a Member is in breach of the Conditions including, but not limited to, providing out of date, incomplete or inaccurate details when registering as a Member or listing an item or failing to promptly and fully correct any such information which becomes out of date, incomplete or inaccurate; describing items listed on the Site unfairly or inaccurately or using offensive language or images or persistently listing items in the incorrect category or infringing any third party’s intellectual property rights; listing items which are not of satisfactory quality (except to the extent that the listing accurately specifies any defect); as a buyer failing to make payment promptly or improperly rejecting items; as a seller failing to make prompt delivery; persistently entering into disputes with other Members or otherwise, in our reasonable opinion, acting inappropriately, dishonestly, unlawfully or in any other way tending to undermine the integrity or reputation of the Site or us we reserve the right to take any of the following steps as we shall, in our absolute discretion and without assigning any reason, decide:
18.1 cancel your membership of the Site either immediately or following a period of notice and with or without any refund of membership fees paid; and/or
18.2 suspend your membership of the Site for such period and on such other terms as we shall, in our absolute discretion, decide; and/or
18.3 delete, amend or re-categorise any listings.
19. Governing Law and Jurisdiction and Third Party Rights:
19.1 These Conditions shall be governed by and interpreted in accordance with English law and the parties agree to the exclusive jurisdiction of the courts of England.
19.2 It is acknowledged and agreed by you that the Conditions are not intended to be and shall not be enforced by any person other than you and/or any other Member and/or us under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from such Act.
