The Wardrobe Workshop Terms & Conditions for Sellers
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we act as your agent to sell your pre-owned fashion items and accessories (Products) on our website www.the-wardrobe-workshop.com . We only sell authentic designer brands that are in new, nearly new, excellent or very good condition.
1.2. We understand that you want us to advertise your own Products for sale on our website. These terms and conditions sets out the terms of the arrangements between us relating to the Products provided by you to us.
1.3. By registering with us to sell your Products, you agree to be bound by these terms and conditions.
2. Information about us and how to contact us
2.1. We are THE WARDROBE WORKSHOP LTD a company registered in England and Wales. Our company registration number is 11215776 and our registered office is at Flat 5 Times Apartments, 230-234 Brixton Road, London, United Kingdom, SW9 6AH.
2.2. How to contact us. You can contact us by telephoning our customer service team at +44 07760263207 or by writing to us at email@example.com or to the postal address Flat 5 Times Apartments, 232 Brixton Road, SW9 6AH.
2.3. 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 When we refer to “we”, “us” or “our”, we mean The Wardrobe Workshop Ltd. Where we refer to “you” or “your” we mean you, the person using the services.
3.Our contract with you
4. You will need to register with us to sell your Products on our website.
4.1 By registering with us and sending your Products to us, you grant us the exclusive right as your agent to advertise your Products on, and sell your Products via our website. As such, you agree not to offer the same Products for sale through any other means, either via any other person or organisation or by you personally.
4.2 Our registration is free of charge, but after we have agreed a sale price for your Products, we will deduct our commission rate from the final sale price (25% of the sale price less any VAT, delivery and other included costs).
4.3 Your application for registration and your request to us to accept your Products for sale via our website shall be deemed to be an offer by you to us to act as your agent subject to these terms, subject to acceptance by us.
4.4 We have the right to refuse registration and the acceptance of any Products in our sole discretion.
4.5 You acknowledge that we will be selling the Products via our website as your agent. We will not disclose your identity on our website, but we shall make it clear to all buyers that the Products are held by us for onward sale as agent for an unnamed principal. In the event, however, that you are in breach of these terms, we reserve the right to disclose your identity to third parties, including to any law enforcement agencies.
5. Information about your Products
5.1 All Products to be offered for sale via our website are subject to approval by us. As part of this approval process you are required to let us have certain information about you and the Products for sale (Information).
5.2 The required Information includes (but is not limited to) your full name, address and contact details, accurate and complete details of condition of the Product, age, materials, original purchase price (including proof of purchase, certificates of authenticity and original packaging, wherever possible), your required sale price and any other information we specify.
5.3 You shall be responsible for the accuracy and completeness of the Information provided to us, including for the detailed descriptions of Products and their condition. You will also be required to confirm that you own the Products and have the right to sell them. Further details of the required Information appear elsewhere on our website.
5.4 We will then notify you by e-mail as soon as reasonably practicable whether we approve your Products for resale and give you a guidance price range for the sale of your Products (Guide Price). If you wish to proceed on that basis we will then arrange a collection of your goods.
5.5 The Wardrobe Workshop will arrange collection of goods. Items can also be dropped at The Wardrobe Workshop HQ by prior arrangement.
5.6 All Products are at your risk until we are in possession of them. You are recommended to insure your Products during delivery and transit. We are responsible for your Products whilst they are in our possession.
5.7 Upon receipt of your Products we will manually inspect each item to assess condition, authenticity and any undeclared damage which may affect our original Guide Price. If we recommend a revised Guide Price we will contact you by email within 2 working days of receipt of your Products. You should notify us in writing within a further 2 working days whether the revised Guide Price is acceptable to you or whether you wish us to return the Products to you at your cost.
5.8 Should we deem (in our absolute discretion) at any time that any Products are counterfeit copies or otherwise of doubtful authenticity or ownership, we shall withdraw the Products from the website and/or return the Products to you within a reasonable period, subject to you first reimbursing the costs of carriage.
5.9. Display of your Products or Information on the website shall be entirely at our discretion. We reserve the right in our sole discretion at any time to refuse any Products or Information for inclusion on the website and/or remove them from the website without giving any reason.
5.10. Without prejudice to our rights under paragraph 5.9, we would usually leave the Products and Information on our website until the Products have been sold. If such Products have not been sold within 6 weeks of initial advertising on our website we would ask you to consider a revised Guide Price. If you do not want to accept the revised Guide Price we shall decide in our sole discretion whether we would wish to continue to advertise your Products on our website at the original Guide Price. If not we would return the Products to you at your cost as soon as reasonably practicable.
5.11. If the Products have still not been sold via the website within six months of original posting, we would normally give you one week’s notice by email that we no longer wished to advertise such Products. We would return them to you at your cost. In such circumstances you may then offer the Products for sale to any third party via any other organisation.
5.12. If you ask us to withdraw the Products from our website at any time during the first six month other than because we have suggested a revised Guide Price we will return the Products to you, subject to you first paying us carriage costs.
5.13. You shall not interfere with or disrupt the use of our website by any other customer or user; or use or attempt to use the website in any manner not permitted or in such a manner as to gain unauthorised entry or access to the computer systems of any other person or entity.
5.14. We make no representations or warranties as to the average traffic levels through the website, the number of prospective enquiries or orders for Products that might be expected by you.
5.15. Whilst we use all reasonable endeavours to ensure that the website is available at all times, we make no warranty that the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected or that the website or the server that makes it available or the website is free of viruses or bugs or is fully functional, accurate or reliable. You agree to create and maintain a back-up copy of any Information you upload to the website.
6. Buying your Products
6.1. Once you have agreed a Guide Price, you will be deemed to have accepted irrevocably any offer made by a buyer to purchase your Products at that Guide Price unless you have given us beforehand written notice that you wish to withdraw your Products from the website.
6.2. You acknowledge that customers have 14 calendar days after delivery to reject the Products for any reason. If a customer returns the Products to us, you will not be entitled to any payment for such returned Products.
6.3. If Products are returned to us by a customer, we will notify you by email and tell you whether we are prepared, in our sole discretion, to offer the Products for resale again via the website. If we do not want to reoffer them, we will return them to you at your cost using a courier or similarly secure service.
6.4. Any returned Products will be at your risk once we have dispatched them to you.
7.Payment for your Products
7.1. We shall pay you for your Products within 30 days of the later of the following events:
a) 14 days after delivery of the Products to the customer, where the consumer has not exercised his or her statutory right return the Products to us within the prescribed ‘cooling off’ period;
b) the date on which our customer pays us or the customer’s credit card merchant pays us, as applicable.
7.2. The price we pay you for your Products shall be calculated as follows: the purchase price paid for the Products by the customer, less our commission rate (25% or otherwise agreed between us in writing) and any delivery or insurance costs or sales taxes, such as VAT.
7.3. You cannot change the price or levy any extra charges.
7.4. We shall pay you for your Products in pounds sterling by bank transfer to an account held in your name, details of which you must provide to us or by cheque to the address you notify us when you register on our website.
7.5. Without prejudice to any other right or remedy, we reserve the right to set off any amount owing to us at any time by you against any amount payable by us to you.
7.6. You acknowledge that where any customers seek for any legitimate reason to recoup any purchase price for the Products from us, following purchase, you will be required to indemnify us in respect of any such claim, as well as being responsible for the payment of reimbursement of any of our expenses (and any VAT, if applicable).
8.1. You warrant to us that:
a) you are over 18 years of age;
b) you have the legal right to sell your Products;
the Information you provide to us shall be complete, accurate and truthful;
c) the Information and your Products do not infringe any third party’s Intellectual Property Rights (defined below), other proprietary rights or rights of publicity or privacy;
d) the Information and your Products do not violate any law, statute or regulations;
e) the Information is not defamatory, libellous, unlawfully threatening or unlawfully harassing;
f) the Information and your Products are not obscene or pornographic and do not contain child pornography;
g) the Information and your Products do not violate any laws, regulations or relevant codes of conduct regarding unfair competition, anti-discrimination, advertising or false advertising; and
h) the Information does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
i)the Products are in a clean and hygienic condition, free from soiling;
j) the Products are free from infestations, such as by moths, other insects, larvae and other live organisms.
8.2. Intellectual Property Rights means all intellectual property rights wherever in the world arising (registered, unregistered or subject to application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
8.3. For the avoidance of doubt, attempting to sell counterfeit (‘fake’) goods or products which contain ivory or any other animal substance which comes from any endangered species (as defined in the Convention on International Trade in Endangered Species) will amount to a breach of the warranty set out in paragraph 8.1.
9.1. You shall keep us indemnified in full against all direct, indirect and consequential liabilities (including, but not limited to, loss of profits, loss of business and loss of contracts), loss, damages, injury, costs and expenses (including legal and professional fees) awarded against or paid by us in connection with:
a)defective workmanship, quality or materials;
b) any breach of the warranties set out in paragraph 8.1;
c) any claim made against us in respect of any liability, loss, damage, injury, cost or expense sustained by us, or by any customer or third party where such loss, damage, injury, cost or expense was caused by, relates to or arises from the Products as a consequence of your direct or indirect breach or negligent performance or failure or delay in performing the terms of this agreement or any contract for the sale of Products; and
d) all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in acting as your agent in performing our obligations under this agreement.
10. Limitation of Liability
10.1. Nothing in this agreement shall operate to exclude or limit our liability for:
a) death or personal injury caused by our negligence; or
b) fraud; or
c) any other liability which cannot be excluded or limited under applicable law.
10.2. We shall not be liable to you for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
10.3. Subject to paragraph 10.1, our aggregate liability to you in respect of claims based on events in any calendar year arising out of or in connection with this agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the lower of: (i) the market value of the Products to which any claim relates (which shall be no higher than the current Guide Price); or (ii) fees paid by us to you for Products in the twelve-month period immediately preceding any claim.
11. Intellectual Property Rights
11.1. You agree that all trade marks, trade names, logos, URLs, or identifying slogans, whether or not registered (Trade Marks) associated with our services, products, literature, promotional materials or otherwise, are owned by us or licensed to us.
11.2. We retain all Intellectual Property Rights in the website, and our Trade Marks. Nothing in this agreement grants you any rights in respect of such Intellectual Property Rights.
11.3. Any information provided by visitors to the website (such as name, address and e-mail address) collected through any user registration purpose or otherwise shall be owned by us.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. How we may use your personal information
13.1. To register, we will need your name, email, phone number, home address and billing addresses so that payments can be made and taken, for listing fees and final purchase price fees and payments. Saved card details will never be shared with third parties. We may also obtain information as a result of authentication or identity checks.
13.2. We will only use your personal information for making and receiving payments and managing your account. Your personal info may also be checked with credit agencies to prevent fraud and when legally necessary, we may disclose your info to a relevant regulatory body. We may also use your information to send you marketing updates, but only if you are in agreement with this. We may use personal information for internal marketing, demographic studies, to keep The Wardrobe Workshop the best it can be. At all times, you may choose to opt out of receiving marketing emails and/or sms from us.
13.3. You have the right to access, modify, rectify and delete any data relating to you. To exercise this right, please contact our customer service team at +44 07760263207 or by writing to us at firstname.lastname@example.org or to the postal address Flat 5 Times Apartments, 232 Brixton Road, SW9 6AH.Transfer of Rights and Obligations
13.4. The contract is binding on our respective successors and assigns.
13.5. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
13.6. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14.1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. Force Majeure
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks;
f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
17.1. These terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
17.2. We each acknowledge that, in entering into a contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that contract or not) other than as expressly set out in these terms.
17.3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms.
17.4. Nothing in this clause shall limit or exclude any liability for fraud.
18. Our right to vary these terms
We have the right to revise and amend these terms from time to time. You will be subject to the policies and terms in force at the time that you sell your Products, unless any change to those policies or these terms is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms before you sell any Product with us (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law and Jurisdiction
19.1. These terms and any disputes or claims arising out of or in connection with their subject matter are governed by the exclusive jurisdiction of the English courts.
19.2. Nothing in paragraph 21.1 shall limit our right to take proceedings against you in any other court of competent jurisdiction. The taking of proceedings in any one or more jurisdictions shall not preclude any proceedings in any other jurisdictions (whether concurrently or not) to the extent permitted by the law of such other jurisdiction.
19.3. Each of us irrevocably consents to any documents in any legal action or proceedings arising out of this agreement being served on us at the relevant address set out in these terms (or as otherwise notified to the other from time to time), but nothing contained in these terms shall affect the right to serve documents in any other manner permitted by law.