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Terms & Conditions
1. WELCOME
Welcome to www.clothesagency.com, www.designerclothesagency.com and its associated, affiliated and parent companies, for ease of reference herein known as 'The Site' or 'The Community'. These Terms & Conditions serve to protect and to ensure the considerate and kind behaviour of registered Members of The Community towards each other - for ease of reference herein known as 'Members'.
We strongly recommend that each new Member read our Terms & Conditions, as well as the accompanying links, as they will apply in full to each Member on completion of the registration process regardless of their account status, (i.e. whether active or inactive).
These Terms & Conditions are in effect from 1st April 2004 - and were updated on 13th April 2010. Any breach of the Terms & Conditions could result in the Suspension or disqualification of a Member's activities on The Site.
The Site reserves the right to amend the Terms & Conditions from time to time as it sees fit and without prior notification.
The details of any changes will be posted clearly on The Site, or sent directly to Members via e-mail.
2. ABOUT THE SITE
The Site is delighted to provide a venue for Members, allowing them to use The Community as an introduction between two parties for the sole purpose of selling clothes and accessories, whether new or used, (for ease of reference 'item' or 'items'). It is also an engine for members to use the forum to talk about any subject that The Site deems fit.
Please note that The Site does not at any time sell or buy any of the items listed (unless acting as a sole agent on behalf of the item's legal owner) and therefore The Site cannot accept liability or responsibility for the quality, safety, availability or legality of any of the items listed on the site.
We do not conduct auctions on The Site - unless specified (i.e. a charity auction).
The Site plays no part in the individual sales of items listed in The Community and it is the responsibility of the sellers and buyers to conduct themselves in a considerate and kind manner. The Site can accept no responsibility or liability for any of the aforementioned sales or problems rising there from.
The Site reserves the right to change the appearance of, or functions on The Site at any given time without prior warning, but will make clear any changes on The Site with instructions as to how to operate any changes made therein.
The site is a registered as clothesagency.com Ltd. Pincot Cottages, Pitchcombe, Gloucestershire GL6 6LY England. Registered company number: 05033264.
3. REGISTRATION & MEMBERSHIP ELEGIBILITY
Anyone is welcome to join The Community and The Site encourages visitors to do so, as it is completely free to register!
Only one membership may be affiliated with any one email address at any one time. If an email address that is already registered on The Site is given for a new membership then the applicant will be alerted and the new membership will not be valid. It would be helpful to complete the Forgotten Name and Password link if this information has been mislaid - The Site will be only too glad to email reminder information to the given email address.
Only one membership may be held by any one person at any time. If membership details have been mislaid or forgotten, then the Forgotten Your User Name/Password link may be used (situated just below the log in box) - or alternatively, please email contact@clothesagency.com giving your name and address and it will be provided. Please note: The Secret Answer held on the account will be required at this time.
All Members of The Community should be aged 18 years or over, however individuals between the ages of 16 and 18 may use The Site, but only under strict Parental supervision. The Site will make every effort to ensure Members are over the age limit, but it cannot accept responsibility for those who misrepresent their age, or for their actions, or for anything arising there from.
When registering to be a Member of The Community and The Site, the information given must be up to date, correct and complete. Any changes in circumstance or information must be made on The Site in the relevant places as soon as it becomes applicable.
If a new member joins The Site and gives what appears to be incorrect or incomplete, The Site reserves the right to delete that membership with immediate effect and with no prior warning. The Site also reserves the right to conduct an enquiry if it deems a member to have given false or incomplete information to satisfy itself that the member in question is genuine.
The Site is easy to navigate and visitors will be able to do so, however the registration process will need to be completed and each new Member will be required to choose a User Name and Password in order to facilitate the full services on The Site. Members will make every effort to make safe this information and for it to be known only to them. Members agree not to divulge this information to any third party and The Site accepts no responsibility or liability for any misuse of Member's User Names or accounts and reminds Members that they are responsible for any actions or activities under their ID and/or password.
The Site does all it can to verify the true identity of all Members and Users, but cannot completely guarantee that some Members may falsify their details. In this unlikely event The Site can accept no responsibility for such actions, but encourages Members to inform The Site by emailing contact@clothesagency.com.
4. MEMBERSHIP CANCELLATION
Should a Member wish to cancel their Membership, it should be noted that the Terms & Conditions will apply to each individual at all times regardless of Membership status. Simply send an email to contact@clothesagency.com informing Administration of the wish to cancel a membership. The User Name should be included in the email. Unless a suspension or disqualification is the reason for departure, Members will be welcome to rejoin at any time.
PLEASE NOTE: If a member wishes to cancel their membership, but still has active sales in their catalogues, the listings must be deleted first. It is ENTIRELY the responsibility of the member to delete any current sales items from their catalogues before their membership is archived. Clothes Agency will not take responsibility for any subsequent listing charges made in the event of active listings remaining on the system following a membership cancellation. The system is carefully written and World Pay Future payments will continue if items are not deleted from the system properly. No refunds will be made for any such eventuality.
5. ELIGIBILITY OF ITEMS
For a full list of items permitted on The Site please refer to Prohibited items. The Site requests that Members adhere strictly to this list and The Site retains the right to remove any items it feels are detrimental to the good name of The Community without giving prior warning, or refund, to the Seller. If a Seller has any doubts please feel free to enquire through our Contact Us link.
All Members selling on The Site must be sure they are legally able to list their items and that each item may be lawfully sold to the buyer.
ITEMS OF A SEXUAL NATURE ARE STRICTLY PROHIBITED AND WILL BE REMOVED IMMEDIATELY ON DETECTION. NO REFUND WILL BE DUE, AND THE SELLER WILL BE FORMALLY REPRIMANDED. IF FOUND TO BE PERSISTING THE SELLER WILL BE DISQUALIFIED FROM THE SITE.
6. VALIDITY OF DESIGNER ITEMS
Whilst The Site encourages a wide selection of both designer and non-designer items, it cannot accept responsibility or liability for fraudulent descriptions and will not hesitate to disqualify any Member found to be knowingly selling items that are misrepresented as authentic when they are not. For avoidance of doubt please refer to our Selling tips for ways to describe any items that may be similar to other leading labels.
7. RESPONSIBLE SELLING
As a Seller, Members must describe their items in a fair and accurate manner and avoid using explicit, vulgar or intimidating language. Any images added (these are not compulsory, but will help as a selling tool - see Selling tips) must be clear and avoid being sexually explicit or suggestive. Offensive images or use of language will cause the item to be removed without warning or refund, and the seller will be formally reprimanded. See Prohibited items.
Items should be listed in their correct category and it is the responsibility of the seller to ensure that the listings and contents thereof are legal and true. The Site does not check each and every item and therefore accepts no responsibility or liability for any content of individual listings. However, The Site reserves the right to alter listings as it sees fit, within reasonable limits and if it deems it necessary, without prior notification to the Member.
The seller will at all times behave in a kindly and considerate manner towards potential customers in the spirit of The Community and in the event of a dispute, do all they can to resolve the matter amicably and swiftly. The Site accepts no responsibility or liability for the outcome of any disputes whether directly or through the legal system.
The Site expects Members to be responsible in listing their items and to avoid knowingly infringing the Trademarks, Copyrights or Rights of any third parties. Any instances of this should be brought to the attention of The Site by writing to us at contact@clothesagency.com - and whilst The Site will do all it can to ensure that the Copyrights, Trademarks and rights of third parties are taken into account, The Site can accept no responsibility or liability for any breaches or infringements. However, The Site reserves the right to remove any listings brought to its attention that are causing an infringement to any of the above, without prior warning, or refund to the seller.
After listing, there will be the opportunity for potential buyers to Ask the seller a question regarding the item and the seller should respond as soon as possible in the spirit of The Community.
The seller will agree to include a fair premium for postage and packing by calculating the charge in conjunction with the current postal rates in their jurisdiction. This will then be included where indicated on the listing page of each item they add to their catalogue on the site. If they wish to insure their item, they may choose that option, again at the point of listing an item and the sum of these charges will then be displayed in the total sale price. Please read Postage & Packing as well as Selling & returns policy and Postal insurance for help and guidance. The Site accepts no responsibility or liability for any postage costs incurred during any transaction or loss of items in the post. Likewise it is the responsibility of the Seller and Buyer to observe any import or exportation laws that may be applicable in their jurisdiction and the Site accepts no liability for actions arising there from.
Prompt receipt of payment is part of the goodwill of our Members - when an item is sold, the seller can expect reasonably that prompt payment is made, through whichever avenue is made available to them by the seller. Prolonged failure to do so may result in Suspension or disqualification from The Site. Likewise, the seller should reciprocate with prompt delivery of the ordered goods. Whilst the Site can accept no responsibility or liability in the event of a dispute and ensuing claim between a Buyer and Seller - if goods are not shipped when monies have been received in good faith, the Site will do it can to support the buyer in their claim by providing evidence against the Seller if so required to do.
Sellers will have a Selling & returns policy that they will be required to complete at the time of registering their items for sale. This may include a selling policy as well as insurance policy and can be changed at any time, but it will serve as an important selling tool. It is entirely at the Seller's discretion as to how flexible this policy is, however The Site can accept no responsibility or liability in the event of a dispute and ensuing claim between a Buyer and Seller. Please refer to the Selling & returns policy - tips for some helpful guidelines when selecting your Selling and Returns Policy. If a refund is required and agreed upon, it must be done as promptly as possible through the agreed avenue with the buyer. Whilst prolonged failure to pay for items purchased from a seller may be reported at contact@clothesagency.com - prolonged failure to complete a fair refund to a buyer may also result in a Members Suspension or disqualification from The Site.
8. RESPONSIBLE PURCHASING
Any visitor to The Site is welcome and they may browse through the items listed, however, if they wish to make a selected purchase they will need to Register as a Member. This only takes a few moments and is free.
If a Member wishes to buy an item listed, they must do so with the consideration and kindness that retains the good spirit of The Site and refrain from using explicit, vulgar or intimidating language. Any reports of such behaviour may result in immediate Suspension or disqualification from The Site and should be reported to the Site via contact@clothesagency.com.
Buying Members must first explore any questions they have regarding an intended purchase by using the Ask the seller a question link on each item listed. The Site can accept no responsibility for any misprints and/or mistakes listed by sellers or buyers in the purchase transaction or at any other stage of the listings, nor can it accept responsibility for the eventual availability of items listed on the Site. In particular, buyers are encouraged to make all the necessary checks to ensure the validity of designer labels. The Site cannot accept responsibility if a buyer commits to an item that later may be proven as a copy.
It is the responsibility of a buyer to study the Selling & returns policy of each seller before committing to a purchase. When a Member has processed a sale and the Shopping Basket section has been completed and confirmed, the sale is final and the Buyer is expected to complete the transaction. Any returns or cancellations of the sale are the sole responsibility and subject to negotiations between the buyer and seller and The Site cannot accept responsibility or liability for any stage of the purchase. This includes, but is not limited to, handling disputes, returns or damaged goods whether in transit or at any other time.
Likewise it is the responsibility of the Seller and Buyer to observe any import or exportation laws that may be applicable in their jurisdiction and the Site accepts no liability for actions arising there from.
Prompt payment is part of the goodwill of our Members - when a purchase is made, buyers must make as prompt a payment as possible through whichever avenue is made available to them by the seller. Prolonged failure to do so may result in Suspension or disqualification from The Site. It is also the responsibility of the buyer to ensure that they have adequate insurance against monies paid to sellers. This would apply particularly to cash transfers. The Site can accept no responsibility or liability in the event of a loss of funds paid to a seller, through whatever means that may be and for whatever reason.
Likewise, the seller should reciprocate with prompt delivery of the ordered goods. Whilst the Site can accept no responsibility or liability in the event of a dispute and ensuing claim between a Buyer and Seller due to non-delivery - if goods are not shipped when monies have been received in good faith, the Site will do it can to support the buyer in their claim by providing evidence against the Seller, if so required to do.
9. LISTINGS AND CANCELLATIONS
Each selling period is for 28 calendar consecutive days (unless sold within that period) and at the end of each 28-day period the sellers' account will be automatically debited per item for further periods of the same length, until the relevant item is sold and removed by the seller. It is important that the seller is aware that the listing will be automatically renewed without warning and it is the responsibility of the seller to make a diary note of their next re-charge date, so that they can delete the item (if not sold) in the event of their not wanting to renew the next 28 day listing period.
Once a listing is registered and confirmed, that listing may not be cancelled or a refund claimed and the seller recognises that there will be no right to cancel the listing for the specified period under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent laws in your area. It will remain registered for each minimum period of 28-days until removed by the seller from the site, or sold - but no fee can be claimed for any pro rata period.
Each item will be given a dedicated numerical identification for ease of future reference and will remain with said item in perpetuity.
Members are encouraged to list as many items as they wish to sell, however each item MUST be listed individually, except when part of a complete outfit, (i.e. a jacket and trouser suit of matching material). Multiple garments within any single listing are prohibited, (except where indicated, i.e. The Children - see Multiple items), and The Site reserves the right to remove any items it feels are in breach, or to edit them, without prior warning or refund to the seller. For ease of reference please read Prohibited items.
The seller will have the opportunity to change details on the listing, i.e. images and descriptions to help enhance the items saleability at any time during its listing period. For tips on how to best display your item please refer to our Selling tips link.
As a seller a Member has the right (within 7 working days of the time that the contract is made between them and the Site) to terminate their Membership contract with the Site. (This cancellation does not apply to Business Membership fees.) If, however, within that time in accordance with the Member's instructions details of saleable items are displayed on the website then the Member's right to terminate the contract ceases.
10. FEE STRUCTURES
Membership to the Site is absolutely free - (with the exception of Business Members) - likewise the Site does not charge commissions for selling or buying.
Item listing fees will be charged in British Pounds Sterling. For the avoidance of doubt this applies only to listing fees and in no way reflects the contract between seller and buyers.
Listing fees on clothesagency.com are amongst the lowest on the World Wide Web and very straightforward. For each item listed a fee of only £1.25 will be charged per 28-day period, or any part thereof. A further £1.25 per item will be charged automatically on the first day of each consecutive 28-day period or part thereof.
Members understand that there is no refund once the registration process of each item is complete, or a pro-rata refund if the item is removed before the completion of any one 28-day period.
If the seller wishes to cease listing any one item they must remove them from the site thereby cancelling that item from sale. If a Seller wishes to relist an item after manually removing said item from sale, a further fee will be due and payable.
The Site reserves the right to change its Fee Structures by posting Notice on The Site, giving just and ample time for Members to take note of the changes. There may be from time to time Limited Special Offers made by The Site to enhance the selling experience and potential of our Members and at such times Notice will also be posted clearly on The Site with full details of said Special Offers.
11. PAYMENT OF FEES
Fees will be payable to The Site, in advance on the first day of each consecutive 28-day period via the current credit card details made available to The Site on registration of the first item for sale. These cards will be limited to Visa, Mastercard and some debit cards only. Without limitation The Site does not accept American Express, Diners Club. The current listing fees will be automatically debited depending on how many items Members have listed on The Site and will be non-refundable. Should the authorization for the registered credit or debit card be withheld for any reason, The Site reserves the right to remove any relevant items displayed with immediate effect. In this case Membership will also be suspended until credit authorisation is re-established.
The schedule for Business Member's Fee is viewable within the Business Member's Terms & Conditions.
12. MEMBER'S FEEDBACK
In order to create a Community on The Site and to help Members to remain active and feel a part of The Community we promote the use of the Member's feedback scheme. When a sale is completed, The Site encourages Members to take the time to reflect their buying or selling experience by awarding graded stars to each other. A Gold Star denotes excellence; A Silver Star denotes that a problem may have occurred but was eventually resolved; a Black Star denotes complete dissatisfaction. (Black Stars should only apply in cases of the extreme, as a high number of Black Stars will result in an investigation and the possible Suspension or disqualification of that Member. Please refer to Member's feedback for further information.) Members must be aware that once awarded, Member's Feedback is irreversible and so should not be given lightly. If The Site discovers that feedback is being given unjustly, The Site will investigate and if necessary, take action against any Member behaving in a manner that does not reflect the spirit of The Site and it's Community.
13. DISPUTES
Whether between Members or between Members and The Site, all disputes arising from or connected with The Site should be settled swiftly and in a manner suiting both parties. The Site accepts no liability or responsibility from any action arising from said disputes.
14. MEMBER'S FORUM
The Member's Forum is for members to place notices and thoughts, and to talk amongst themselves about any subject matter. Members must bear in mind that this is a Public Notice Board and that messages of an overtly personal nature are strictly prohibited. The Site also reminds Members of the strict non-solicitation policy which applies to all parts of the Site and Community. Members must temper the content accordingly and The Site reserves the right to remove any messages deemed unfit for Public Viewing or in breach of Terms and Conditions - however, The Site does not check all the messages and accepts no responsibility or liability for the content therein. Links to other sites are also strictly forbidden if deemed to be in conflict with the general marketing structure of The Site. Any Member discovered leaving aggressive, sexually explicit or other distasteful messages on any part of the Member's Forum could be disqualified from The Site. It is also expressly forbidden to leave or reply to any messages giving personal information other than a Members ID. The Site encourages any instances of unbecoming or solicitous behaviour to be brought to the attention of The Site by writing to contact@clothesagency.com.
15. MESSAGE CENTRE
This is to be found within a member's menu once signed in to their account. It is a useful tool for marketing listings and should be used only for the purpose of establishing and completing a sale. It is strictly forbidden to use this forum for soliciting or encouraging outside trading and offenders will face possible exclusion from The Community and The Site. If any member is approached via my messages for any other reason than to enquire about an item for sale - or the possible purchase of an item on this website, it is important that they report it immediately via email to contact@clothesagency.com. The message centre will be monitored closely and offenders swiftly contacted.
16. ULTIMATE REDUCTIONS
The Ultimate Reductions selling section is a powerful sales tool for Members who would like to sell their items at a discounted rate. These may include items that have been displayed and have not yet sold, or items that are 'end of line' and are greatly reduced. The Site encourages bargains to be offered in The Community and expects Members to behave with a good Community spirit. It also reminds Members that a Sellers Selling & returns policy may be different and a little more stringent in Ultimate Reductions.
17. PROHIBITED PRACTICES
Solicitation - It is strictly forbidden for any Member to solicit or send Spam electronic or surface mail to any other Member unless it is in direct connection with a particular item listed on The Site. In the same vein - it is strictly forbidden to make any unsolicited offers of other items to potential buyers unless they are directly listed on The Site (i.e. under Other items from this seller) and are a part of the Sellers Catalogue on The Site. Likewise it is expressly forbidden to contact other Members via a third party or to put Members in contact with third parties who are unconnected with the Site. Members receiving unsolicited communications will be requested to report such activity to The Site by writing to contact@clothesagency.com.
Web-Links - It is strictly forbidden for any web links that are not affiliated with The Site to be made available or displayed anywhere at all on The Site at any time - unless express written permission has been granted by The Site. Likewise it is strictly prohibited to inform any Members of such un-solicited links - such action will result in instant disqualification from The Site. Members receiving unsolicited links will be requested to report such activity to The Site by writing to contact@clothesagency.com.
Site Interference - It is strictly forbidden for any unauthorised access on the Site to be attempted either by spider or robot without our written permission; to interfere, undermine or attempt to disrupt any activities on the Site, or its workings; to attempt to hack into the any electronic working parts of the Site; to attempt to harm the system by injecting worms or virus's into the system either in a premeditated fashion or unknowingly; or to enter into any activities that may result in the Site's loss of ISP servers or business suppliers. Likewise it is forbidden to make available (except your specific personal information) any parts of the Site elsewhere without our express written permission.
Copyright- The Site respects the intellectual property of others and we ask our Members and users to do the same. - It is strictly prohibited to copy, sell, distribute, use or publish any content of The Site or any affiliated sites in any form without express written permission by The Site. The Site may, in appropriate circumstances and at its discretion, suspend and/or disqualify any Members who may be infringing the intellectual property rights of The Site or others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Site with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you are seeking permission to use The Site's trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please Contact Us, not the copyright agent.
The Site's Notice of claims of copyright or other intellectual property infringement should be addressed to the following:-
The Company Secretary, clothesagency.com Ltd, Pincot Cottages, Pitchcombe, Gloucestershire, United Kingdom, GL6 6LY. E-Mail: contact@clothesagency.com.
18. EXCLUSIONS AND LIMITATIONS OF LIABILITY
We use our reasonable skill and care in operating The Site and in providing the Services. However, The Site makes no representation and excludes any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of The Site and the services provided therein. The Site is provided on an "as is" and "as available" basis and The Site does not warrant that Members or any users will be able to access the Site at all times or that the Site will be secure, uninterrupted, error free or free from infection or viruses. The Site will not be responsible for Members failure to provide services as a result of Member's inclusions on the Site, for errors relating to the provision of their services, or for technical problems that may hinder the efficacy of the Site.
The Site shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with these Terms & Conditions or Members use of the Site and/or the Services. In no event will The Site be liable for any direct, indirect or consequential damages in contract or tort, including but not limited to, loss of income or profit, economic loss of any kind, loss or damage to property or relating to claims made by third parties, unless it concerns loss of life, bodily injury and/or physical health.
Members hereby agree to indemnify, defend and hold The Site harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with reach of your obligations, representations and warranties in respect of information provided by you in connection with The Site as provided in these Terms & Conditions, regardless of negligence or wrongdoing by The Site or any person for whom The Site is responsible.
19. DISQUALIFICATION OR MANDATORY TERMINATION OF MEMBERSHIP
The Site may disqualify Membership immediately and at any time without notice if:
You are in breach of any of the conditions herein
You are suspected of, or are, practising fraudulent or criminal activities on The Site.
You are suspected of gross misconduct unbecoming of the spirit of The Site (this may include but not be limited to consistently Black Stars awarded through Members Feedback).
In addition, The Site may, by at least 30 days notice to you in advance, elect to close The Site and cease trading.
NB - Whether or not you are still a Member, once you have joined The Community these Terms & Conditions apply to you in full and in perpetuity.
20. GOVERNING LAW AND JURISDICTION
These terms shall be governed by and interpreted in accordance with English law and the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these terms and conditions. For our exclusive benefit, The Site shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
1. WELCOME
Welcome to www.clothesagency.com, www.designerclothesagency.com and its associated, affiliated and parent companies, for ease of reference herein known as 'The Site' or 'The Community'. These Terms & Conditions serve to protect and to ensure the considerate and kind behaviour of registered Members of The Community towards each other - for ease of reference herein known as 'Members'.
We strongly recommend that each new Member read our Terms & Conditions, as well as the accompanying links, as they will apply in full to each Member on completion of the registration process regardless of their account status, (i.e. whether active or inactive).
These Terms & Conditions are in effect from 1st April 2004 - and were updated on 13th April 2010. Any breach of the Terms & Conditions could result in the Suspension or disqualification of a Member's activities on The Site.
The Site reserves the right to amend the Terms & Conditions from time to time as it sees fit and without prior notification.
The details of any changes will be posted clearly on The Site, or sent directly to Members via e-mail.
2. ABOUT THE SITE
The Site is delighted to provide a venue for Members, allowing them to use The Community as an introduction between two parties for the sole purpose of selling clothes and accessories, whether new or used, (for ease of reference 'item' or 'items'). It is also an engine for members to use the forum to talk about any subject that The Site deems fit.
Please note that The Site does not at any time sell or buy any of the items listed (unless acting as a sole agent on behalf of the item's legal owner) and therefore The Site cannot accept liability or responsibility for the quality, safety, availability or legality of any of the items listed on the site.
We do not conduct auctions on The Site - unless specified (i.e. a charity auction).
The Site plays no part in the individual sales of items listed in The Community and it is the responsibility of the sellers and buyers to conduct themselves in a considerate and kind manner. The Site can accept no responsibility or liability for any of the aforementioned sales or problems rising there from.
The Site reserves the right to change the appearance of, or functions on The Site at any given time without prior warning, but will make clear any changes on The Site with instructions as to how to operate any changes made therein.
The site is a registered as clothesagency.com Ltd. Pincot Cottages, Pitchcombe, Gloucestershire GL6 6LY England. Registered company number: 05033264.
3. REGISTRATION & MEMBERSHIP ELEGIBILITY
Anyone is welcome to join The Community and The Site encourages visitors to do so, as it is completely free to register!
Only one membership may be affiliated with any one email address at any one time. If an email address that is already registered on The Site is given for a new membership then the applicant will be alerted and the new membership will not be valid. It would be helpful to complete the Forgotten Name and Password link if this information has been mislaid - The Site will be only too glad to email reminder information to the given email address.
Only one membership may be held by any one person at any time. If membership details have been mislaid or forgotten, then the Forgotten Your User Name/Password link may be used (situated just below the log in box) - or alternatively, please email contact@clothesagency.com giving your name and address and it will be provided. Please note: The Secret Answer held on the account will be required at this time.
All Members of The Community should be aged 18 years or over, however individuals between the ages of 16 and 18 may use The Site, but only under strict Parental supervision. The Site will make every effort to ensure Members are over the age limit, but it cannot accept responsibility for those who misrepresent their age, or for their actions, or for anything arising there from.
When registering to be a Member of The Community and The Site, the information given must be up to date, correct and complete. Any changes in circumstance or information must be made on The Site in the relevant places as soon as it becomes applicable.
If a new member joins The Site and gives what appears to be incorrect or incomplete, The Site reserves the right to delete that membership with immediate effect and with no prior warning. The Site also reserves the right to conduct an enquiry if it deems a member to have given false or incomplete information to satisfy itself that the member in question is genuine.
The Site is easy to navigate and visitors will be able to do so, however the registration process will need to be completed and each new Member will be required to choose a User Name and Password in order to facilitate the full services on The Site. Members will make every effort to make safe this information and for it to be known only to them. Members agree not to divulge this information to any third party and The Site accepts no responsibility or liability for any misuse of Member's User Names or accounts and reminds Members that they are responsible for any actions or activities under their ID and/or password.
The Site does all it can to verify the true identity of all Members and Users, but cannot completely guarantee that some Members may falsify their details. In this unlikely event The Site can accept no responsibility for such actions, but encourages Members to inform The Site by emailing contact@clothesagency.com.
4. MEMBERSHIP CANCELLATION
Should a Member wish to cancel their Membership, it should be noted that the Terms & Conditions will apply to each individual at all times regardless of Membership status. Simply send an email to contact@clothesagency.com informing Administration of the wish to cancel a membership. The User Name should be included in the email. Unless a suspension or disqualification is the reason for departure, Members will be welcome to rejoin at any time.
PLEASE NOTE: If a member wishes to cancel their membership, but still has active sales in their catalogues, the listings must be deleted first. It is ENTIRELY the responsibility of the member to delete any current sales items from their catalogues before their membership is archived. Clothes Agency will not take responsibility for any subsequent listing charges made in the event of active listings remaining on the system following a membership cancellation. The system is carefully written and World Pay Future payments will continue if items are not deleted from the system properly. No refunds will be made for any such eventuality.
5. ELIGIBILITY OF ITEMS
For a full list of items permitted on The Site please refer to Prohibited items. The Site requests that Members adhere strictly to this list and The Site retains the right to remove any items it feels are detrimental to the good name of The Community without giving prior warning, or refund, to the Seller. If a Seller has any doubts please feel free to enquire through our Contact Us link.
All Members selling on The Site must be sure they are legally able to list their items and that each item may be lawfully sold to the buyer.
ITEMS OF A SEXUAL NATURE ARE STRICTLY PROHIBITED AND WILL BE REMOVED IMMEDIATELY ON DETECTION. NO REFUND WILL BE DUE, AND THE SELLER WILL BE FORMALLY REPRIMANDED. IF FOUND TO BE PERSISTING THE SELLER WILL BE DISQUALIFIED FROM THE SITE.
6. VALIDITY OF DESIGNER ITEMS
Whilst The Site encourages a wide selection of both designer and non-designer items, it cannot accept responsibility or liability for fraudulent descriptions and will not hesitate to disqualify any Member found to be knowingly selling items that are misrepresented as authentic when they are not. For avoidance of doubt please refer to our Selling tips for ways to describe any items that may be similar to other leading labels.
7. RESPONSIBLE SELLING
As a Seller, Members must describe their items in a fair and accurate manner and avoid using explicit, vulgar or intimidating language. Any images added (these are not compulsory, but will help as a selling tool - see Selling tips) must be clear and avoid being sexually explicit or suggestive. Offensive images or use of language will cause the item to be removed without warning or refund, and the seller will be formally reprimanded. See Prohibited items.
Items should be listed in their correct category and it is the responsibility of the seller to ensure that the listings and contents thereof are legal and true. The Site does not check each and every item and therefore accepts no responsibility or liability for any content of individual listings. However, The Site reserves the right to alter listings as it sees fit, within reasonable limits and if it deems it necessary, without prior notification to the Member.
The seller will at all times behave in a kindly and considerate manner towards potential customers in the spirit of The Community and in the event of a dispute, do all they can to resolve the matter amicably and swiftly. The Site accepts no responsibility or liability for the outcome of any disputes whether directly or through the legal system.
The Site expects Members to be responsible in listing their items and to avoid knowingly infringing the Trademarks, Copyrights or Rights of any third parties. Any instances of this should be brought to the attention of The Site by writing to us at contact@clothesagency.com - and whilst The Site will do all it can to ensure that the Copyrights, Trademarks and rights of third parties are taken into account, The Site can accept no responsibility or liability for any breaches or infringements. However, The Site reserves the right to remove any listings brought to its attention that are causing an infringement to any of the above, without prior warning, or refund to the seller.
After listing, there will be the opportunity for potential buyers to Ask the seller a question regarding the item and the seller should respond as soon as possible in the spirit of The Community.
The seller will agree to include a fair premium for postage and packing by calculating the charge in conjunction with the current postal rates in their jurisdiction. This will then be included where indicated on the listing page of each item they add to their catalogue on the site. If they wish to insure their item, they may choose that option, again at the point of listing an item and the sum of these charges will then be displayed in the total sale price. Please read Postage & Packing as well as Selling & returns policy and Postal insurance for help and guidance. The Site accepts no responsibility or liability for any postage costs incurred during any transaction or loss of items in the post. Likewise it is the responsibility of the Seller and Buyer to observe any import or exportation laws that may be applicable in their jurisdiction and the Site accepts no liability for actions arising there from.
Prompt receipt of payment is part of the goodwill of our Members - when an item is sold, the seller can expect reasonably that prompt payment is made, through whichever avenue is made available to them by the seller. Prolonged failure to do so may result in Suspension or disqualification from The Site. Likewise, the seller should reciprocate with prompt delivery of the ordered goods. Whilst the Site can accept no responsibility or liability in the event of a dispute and ensuing claim between a Buyer and Seller - if goods are not shipped when monies have been received in good faith, the Site will do it can to support the buyer in their claim by providing evidence against the Seller if so required to do.
Sellers will have a Selling & returns policy that they will be required to complete at the time of registering their items for sale. This may include a selling policy as well as insurance policy and can be changed at any time, but it will serve as an important selling tool. It is entirely at the Seller's discretion as to how flexible this policy is, however The Site can accept no responsibility or liability in the event of a dispute and ensuing claim between a Buyer and Seller. Please refer to the Selling & returns policy - tips for some helpful guidelines when selecting your Selling and Returns Policy. If a refund is required and agreed upon, it must be done as promptly as possible through the agreed avenue with the buyer. Whilst prolonged failure to pay for items purchased from a seller may be reported at contact@clothesagency.com - prolonged failure to complete a fair refund to a buyer may also result in a Members Suspension or disqualification from The Site.
8. RESPONSIBLE PURCHASING
Any visitor to The Site is welcome and they may browse through the items listed, however, if they wish to make a selected purchase they will need to Register as a Member. This only takes a few moments and is free.
If a Member wishes to buy an item listed, they must do so with the consideration and kindness that retains the good spirit of The Site and refrain from using explicit, vulgar or intimidating language. Any reports of such behaviour may result in immediate Suspension or disqualification from The Site and should be reported to the Site via contact@clothesagency.com.
Buying Members must first explore any questions they have regarding an intended purchase by using the Ask the seller a question link on each item listed. The Site can accept no responsibility for any misprints and/or mistakes listed by sellers or buyers in the purchase transaction or at any other stage of the listings, nor can it accept responsibility for the eventual availability of items listed on the Site. In particular, buyers are encouraged to make all the necessary checks to ensure the validity of designer labels. The Site cannot accept responsibility if a buyer commits to an item that later may be proven as a copy.
It is the responsibility of a buyer to study the Selling & returns policy of each seller before committing to a purchase. When a Member has processed a sale and the Shopping Basket section has been completed and confirmed, the sale is final and the Buyer is expected to complete the transaction. Any returns or cancellations of the sale are the sole responsibility and subject to negotiations between the buyer and seller and The Site cannot accept responsibility or liability for any stage of the purchase. This includes, but is not limited to, handling disputes, returns or damaged goods whether in transit or at any other time.
Likewise it is the responsibility of the Seller and Buyer to observe any import or exportation laws that may be applicable in their jurisdiction and the Site accepts no liability for actions arising there from.
Prompt payment is part of the goodwill of our Members - when a purchase is made, buyers must make as prompt a payment as possible through whichever avenue is made available to them by the seller. Prolonged failure to do so may result in Suspension or disqualification from The Site. It is also the responsibility of the buyer to ensure that they have adequate insurance against monies paid to sellers. This would apply particularly to cash transfers. The Site can accept no responsibility or liability in the event of a loss of funds paid to a seller, through whatever means that may be and for whatever reason.
Likewise, the seller should reciprocate with prompt delivery of the ordered goods. Whilst the Site can accept no responsibility or liability in the event of a dispute and ensuing claim between a Buyer and Seller due to non-delivery - if goods are not shipped when monies have been received in good faith, the Site will do it can to support the buyer in their claim by providing evidence against the Seller, if so required to do.
9. LISTINGS AND CANCELLATIONS
Each selling period is for 28 calendar consecutive days (unless sold within that period) and at the end of each 28-day period the sellers' account will be automatically debited per item for further periods of the same length, until the relevant item is sold and removed by the seller. It is important that the seller is aware that the listing will be automatically renewed without warning and it is the responsibility of the seller to make a diary note of their next re-charge date, so that they can delete the item (if not sold) in the event of their not wanting to renew the next 28 day listing period.
Once a listing is registered and confirmed, that listing may not be cancelled or a refund claimed and the seller recognises that there will be no right to cancel the listing for the specified period under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent laws in your area. It will remain registered for each minimum period of 28-days until removed by the seller from the site, or sold - but no fee can be claimed for any pro rata period.
Each item will be given a dedicated numerical identification for ease of future reference and will remain with said item in perpetuity.
Members are encouraged to list as many items as they wish to sell, however each item MUST be listed individually, except when part of a complete outfit, (i.e. a jacket and trouser suit of matching material). Multiple garments within any single listing are prohibited, (except where indicated, i.e. The Children - see Multiple items), and The Site reserves the right to remove any items it feels are in breach, or to edit them, without prior warning or refund to the seller. For ease of reference please read Prohibited items.
The seller will have the opportunity to change details on the listing, i.e. images and descriptions to help enhance the items saleability at any time during its listing period. For tips on how to best display your item please refer to our Selling tips link.
As a seller a Member has the right (within 7 working days of the time that the contract is made between them and the Site) to terminate their Membership contract with the Site. (This cancellation does not apply to Business Membership fees.) If, however, within that time in accordance with the Member's instructions details of saleable items are displayed on the website then the Member's right to terminate the contract ceases.
10. FEE STRUCTURES
Membership to the Site is absolutely free - (with the exception of Business Members) - likewise the Site does not charge commissions for selling or buying.
Item listing fees will be charged in British Pounds Sterling. For the avoidance of doubt this applies only to listing fees and in no way reflects the contract between seller and buyers.
Listing fees on clothesagency.com are amongst the lowest on the World Wide Web and very straightforward. For each item listed a fee of only £1.25 will be charged per 28-day period, or any part thereof. A further £1.25 per item will be charged automatically on the first day of each consecutive 28-day period or part thereof.
Members understand that there is no refund once the registration process of each item is complete, or a pro-rata refund if the item is removed before the completion of any one 28-day period.
If the seller wishes to cease listing any one item they must remove them from the site thereby cancelling that item from sale. If a Seller wishes to relist an item after manually removing said item from sale, a further fee will be due and payable.
The Site reserves the right to change its Fee Structures by posting Notice on The Site, giving just and ample time for Members to take note of the changes. There may be from time to time Limited Special Offers made by The Site to enhance the selling experience and potential of our Members and at such times Notice will also be posted clearly on The Site with full details of said Special Offers.
11. PAYMENT OF FEES
Fees will be payable to The Site, in advance on the first day of each consecutive 28-day period via the current credit card details made available to The Site on registration of the first item for sale. These cards will be limited to Visa, Mastercard and some debit cards only. Without limitation The Site does not accept American Express, Diners Club. The current listing fees will be automatically debited depending on how many items Members have listed on The Site and will be non-refundable. Should the authorization for the registered credit or debit card be withheld for any reason, The Site reserves the right to remove any relevant items displayed with immediate effect. In this case Membership will also be suspended until credit authorisation is re-established.
The schedule for Business Member's Fee is viewable within the Business Member's Terms & Conditions.
12. MEMBER'S FEEDBACK
In order to create a Community on The Site and to help Members to remain active and feel a part of The Community we promote the use of the Member's feedback scheme. When a sale is completed, The Site encourages Members to take the time to reflect their buying or selling experience by awarding graded stars to each other. A Gold Star denotes excellence; A Silver Star denotes that a problem may have occurred but was eventually resolved; a Black Star denotes complete dissatisfaction. (Black Stars should only apply in cases of the extreme, as a high number of Black Stars will result in an investigation and the possible Suspension or disqualification of that Member. Please refer to Member's feedback for further information.) Members must be aware that once awarded, Member's Feedback is irreversible and so should not be given lightly. If The Site discovers that feedback is being given unjustly, The Site will investigate and if necessary, take action against any Member behaving in a manner that does not reflect the spirit of The Site and it's Community.
13. DISPUTES
Whether between Members or between Members and The Site, all disputes arising from or connected with The Site should be settled swiftly and in a manner suiting both parties. The Site accepts no liability or responsibility from any action arising from said disputes.
14. MEMBER'S FORUM
The Member's Forum is for members to place notices and thoughts, and to talk amongst themselves about any subject matter. Members must bear in mind that this is a Public Notice Board and that messages of an overtly personal nature are strictly prohibited. The Site also reminds Members of the strict non-solicitation policy which applies to all parts of the Site and Community. Members must temper the content accordingly and The Site reserves the right to remove any messages deemed unfit for Public Viewing or in breach of Terms and Conditions - however, The Site does not check all the messages and accepts no responsibility or liability for the content therein. Links to other sites are also strictly forbidden if deemed to be in conflict with the general marketing structure of The Site. Any Member discovered leaving aggressive, sexually explicit or other distasteful messages on any part of the Member's Forum could be disqualified from The Site. It is also expressly forbidden to leave or reply to any messages giving personal information other than a Members ID. The Site encourages any instances of unbecoming or solicitous behaviour to be brought to the attention of The Site by writing to contact@clothesagency.com.
15. MESSAGE CENTRE
This is to be found within a member's menu once signed in to their account. It is a useful tool for marketing listings and should be used only for the purpose of establishing and completing a sale. It is strictly forbidden to use this forum for soliciting or encouraging outside trading and offenders will face possible exclusion from The Community and The Site. If any member is approached via my messages for any other reason than to enquire about an item for sale - or the possible purchase of an item on this website, it is important that they report it immediately via email to contact@clothesagency.com. The message centre will be monitored closely and offenders swiftly contacted.
16. ULTIMATE REDUCTIONS
The Ultimate Reductions selling section is a powerful sales tool for Members who would like to sell their items at a discounted rate. These may include items that have been displayed and have not yet sold, or items that are 'end of line' and are greatly reduced. The Site encourages bargains to be offered in The Community and expects Members to behave with a good Community spirit. It also reminds Members that a Sellers Selling & returns policy may be different and a little more stringent in Ultimate Reductions.
17. PROHIBITED PRACTICES
Solicitation - It is strictly forbidden for any Member to solicit or send Spam electronic or surface mail to any other Member unless it is in direct connection with a particular item listed on The Site. In the same vein - it is strictly forbidden to make any unsolicited offers of other items to potential buyers unless they are directly listed on The Site (i.e. under Other items from this seller) and are a part of the Sellers Catalogue on The Site. Likewise it is expressly forbidden to contact other Members via a third party or to put Members in contact with third parties who are unconnected with the Site. Members receiving unsolicited communications will be requested to report such activity to The Site by writing to contact@clothesagency.com.
Web-Links - It is strictly forbidden for any web links that are not affiliated with The Site to be made available or displayed anywhere at all on The Site at any time - unless express written permission has been granted by The Site. Likewise it is strictly prohibited to inform any Members of such un-solicited links - such action will result in instant disqualification from The Site. Members receiving unsolicited links will be requested to report such activity to The Site by writing to contact@clothesagency.com.
Site Interference - It is strictly forbidden for any unauthorised access on the Site to be attempted either by spider or robot without our written permission; to interfere, undermine or attempt to disrupt any activities on the Site, or its workings; to attempt to hack into the any electronic working parts of the Site; to attempt to harm the system by injecting worms or virus's into the system either in a premeditated fashion or unknowingly; or to enter into any activities that may result in the Site's loss of ISP servers or business suppliers. Likewise it is forbidden to make available (except your specific personal information) any parts of the Site elsewhere without our express written permission.
Copyright- The Site respects the intellectual property of others and we ask our Members and users to do the same. - It is strictly prohibited to copy, sell, distribute, use or publish any content of The Site or any affiliated sites in any form without express written permission by The Site. The Site may, in appropriate circumstances and at its discretion, suspend and/or disqualify any Members who may be infringing the intellectual property rights of The Site or others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Site with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you are seeking permission to use The Site's trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please Contact Us, not the copyright agent.
The Site's Notice of claims of copyright or other intellectual property infringement should be addressed to the following:-
The Company Secretary, clothesagency.com Ltd, Pincot Cottages, Pitchcombe, Gloucestershire, United Kingdom, GL6 6LY. E-Mail: contact@clothesagency.com.
18. EXCLUSIONS AND LIMITATIONS OF LIABILITY
We use our reasonable skill and care in operating The Site and in providing the Services. However, The Site makes no representation and excludes any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of The Site and the services provided therein. The Site is provided on an "as is" and "as available" basis and The Site does not warrant that Members or any users will be able to access the Site at all times or that the Site will be secure, uninterrupted, error free or free from infection or viruses. The Site will not be responsible for Members failure to provide services as a result of Member's inclusions on the Site, for errors relating to the provision of their services, or for technical problems that may hinder the efficacy of the Site.
The Site shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with these Terms & Conditions or Members use of the Site and/or the Services. In no event will The Site be liable for any direct, indirect or consequential damages in contract or tort, including but not limited to, loss of income or profit, economic loss of any kind, loss or damage to property or relating to claims made by third parties, unless it concerns loss of life, bodily injury and/or physical health.
Members hereby agree to indemnify, defend and hold The Site harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with reach of your obligations, representations and warranties in respect of information provided by you in connection with The Site as provided in these Terms & Conditions, regardless of negligence or wrongdoing by The Site or any person for whom The Site is responsible.
19. DISQUALIFICATION OR MANDATORY TERMINATION OF MEMBERSHIP
The Site may disqualify Membership immediately and at any time without notice if:
You are in breach of any of the conditions herein
You are suspected of, or are, practising fraudulent or criminal activities on The Site.
You are suspected of gross misconduct unbecoming of the spirit of The Site (this may include but not be limited to consistently Black Stars awarded through Members Feedback).
In addition, The Site may, by at least 30 days notice to you in advance, elect to close The Site and cease trading.
NB - Whether or not you are still a Member, once you have joined The Community these Terms & Conditions apply to you in full and in perpetuity.
20. GOVERNING LAW AND JURISDICTION
These terms shall be governed by and interpreted in accordance with English law and the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these terms and conditions. For our exclusive benefit, The Site shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
 
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