Last updated: 1st October 2016.
By using the Site in any manner, including without limitation visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement and the Policies. This Agreement and the Policies apply to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
2. BuyMyWardrobe is a Venue
BuyMyWardrobe acts as a venue to allow users, who comply with this Agreement and the Policies, to offer, sell and buy certain pre-owned fashion goods within a fixed-price format. BuyMyWardrobe is not a party to any transactions between buyers and sellers. As a result, BuyMyWardrobe has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. BuyMyWardrobe does not pre-screen content or information provided by users. BuyMyWardrobe cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, BuyMyWardrobe does not transfer legal ownership of items from the seller to the buyer.
BuyMyWardrobe cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that BuyMyWardrobe is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on BuyMyWardrobe. You use the BuyMyWardrobe service at your own risk.
3. Membership Eligibility
Age: BuyMyWardrobe's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. BuyMyWardrobe may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by local law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all applicable laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by this Agreement and the Policies, as well as all other operating rules and procedures that may be published from time to time on the Site by BuyMyWardrobe, each of which is incorporated herein by reference. In addition, some services offered through the Site may be subject to additional terms and conditions published by BuyMyWardrobe from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify BuyMyWardrobe of any unauthorised use of your password or any breach of security. You also agree that BuyMyWardrobe cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than BuyMyWardrobe without BuyMyWardrobe's prior written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on BuyMyWardrobe you must provide valid bank account details or a valid PayPal account.
Account Transfer: You may not transfer or sell your BuyMyWardrobe account and User ID to another party. If you are registering as a business entity, you personally represent and warrant that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: BuyMyWardrobe reserves the right to refuse service to anyone at any time. BuyMyWardrobe's services are not available to temporarily or indefinitely suspended BuyMyWardrobe members. BuyMyWardrobe reserves the right, in BuyMyWardrobe's sole discretion, to cancel unconfirmed or inactive accounts.
4. Fees and Services
Joining BuyMyWardrobe and listing items is free. BuyMyWardrobe charges a percentage of the sale price when the item sells (a "Commission"). The percentage Commission varies according to the seller package chosen by the seller and is set out in the Fees Policy.
BuyMyWardrobe may, at its sole discretion, change some or all of BuyMyWardrobe's services at any time. In the event BuyMyWardrobe introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees and Commissions are quoted in UK Pounds (GBP).
When an item is sold via the Site, the buyer makes payment to BuyMyWardrobe. BuyMyWardrobe will retain these funds (the "Sale Proceeds") for the period until fourteen (14) days after the date the seller notifies BuyMyWardrobe that the item has been sent to the buyer by clicking the "Mark As Sent" button on the Site. During this period (the "Returns Period") the buyer may choose to return the item in compliance with the Returns Policy. If the buyer has not indicated they would like to return the item, following completion of the Returns Period, BuyMyWardrobe will transfer the Sale Proceeds net of the Commission payable and any applicable taxes to the seller's nominated account registered on the Site. For clarity, any delay in sending an item that has been sold via the Site or any delay in informing BuyMyWardrobe that the item has been sent will delay payment to the seller.
5. Consignment Service
Sellers who use the Consignment Service ("Managed Sellers") will hand over possession of the items they wish to offer for sale to BuyMyWardrobe. While those items are in the possession of BuyMyWardrobe, BuyMyWardrobe will insure them against loss or damage. BuyMyWardrobe will arrange for the items to be photographed and images uploaded to the Site. BuyMyWardrobe will also ensure product descriptions are added and the seller profile is completed in accordance with the information provided by the Managed Seller.
In addition to featuring items offered for sale by Managed Sellers on the Site, such items may also be displayed for sale offline at BuyMyWardrobe Pop Ups and Events.
Managed Sellers agree that items that have not been sold within sixty (60) days of being listed on the Site will be returned to them. BuyMyWardrobe does not guarantee that items received from any seller will be sold nor does taking possession of an item imply any change of ownership nor any obligation to purchase that item from the seller.
6. Acceptable Use
6.1 Listing and Selling
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding BuyMyWardrobe transaction fees, misrepresent the item's location, or use another user's account without their prior permission.
We strongly recommend that items sold via the Site be shipped via a service that provides a tracking number and insurance to cover any potential loss of items in transit. This applies to both Sellers shipping items to Buyers following a sale and to Buyers shipping items back to Sellers when they choose to return an item in accordance with the Returns Policy.
It is the sole responsibility of the Buyer or Seller that has shipped an item to maintain records of shipping information, including any tracking number provided.
BuyMyWardrobe shall not be liable for any loss resulting from items lost in transit.
6.3 Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.
Restricted Activities: Your Content and your use of the Site must NOT:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
- Infringe upon any third party's copyright, patent, trade mark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, the Intellectual Property Policy);
- Violate this Agreement, the Policies or community guidelines, or any applicable law or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Contain items that are hazardous to consumers;
- Be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including BuyMyWardrobe staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
- Involve the sale of real fur items;
- Be obscene or link directly or indirectly to obscene content;
- Contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information;
- Knowingly transmit spam or viruses;
- Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with BuyMyWardrobe;
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or the Policies.
6.4 Interactions with other users
Users are solely responsible for interactions with others. Users understand that BuyMyWardrobe does not in any way screen all its users. Users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Credit card or other payment details should never be communicated directly to other users. Any and all transactions between users in relation items listed on the Site should only ever be conducted via the secure payment system available on the Site.
You must not contact another member to buy or sell an item listed on BuyMyWardrobe outside of the Site. This may constitute fee avoidance.
7. Content and Intellectual Property
The ownership and permitted use of Content and any intellectual property rights in the Site is set out in the Intellectual Property Policy.
Re-Posting Content: By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to indemnify and hold BuyMyWardrobe harmless for any claims arising in connection with this re-posting. If you choose to display your own BuyMyWardrobe-hosted image on another website, the image must provide a link back to its listing page on the Site.
Idea Submissions: BuyMyWardrobe considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and BuyMyWardrobe shall not be liable for the disclosure or use of such Material. If, at BuyMyWardrobe's request, any member sends Material to improve the site (for example through customer support), BuyMyWardrobe will also consider that Material to be non-confidential and non-proprietary and BuyMyWardrobe will not be liable for use or disclosure of the Material. Any communication by you to BuyMyWardrobe is subject to this Agreement. You hereby grant and agree to grant BuyMyWardrobe, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including without limitation incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
8. Information Control
Except as set out in this Agreement and the Policies, BuyMyWardrobe does not control the Content provided by users that is made available on the Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade. By using the Site, you agree to accept such risks and that BuyMyWardrobe (and BuyMyWardrobe's officers, directors, agents, subsidiaries, joint ventures and employees) (collectively, "Representatives") are not responsible for any acts or omissions of users on the Site. Please use caution, common sense, and practice safe buying and selling when using the Site.
Other Resources: BuyMyWardrobe is not responsible for the availability of outside websites or resources linked to or referenced on the Site. BuyMyWardrobe does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BuyMyWardrobe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
9. Resolutions of Disputes and Release
Should you have a dispute with one or more users, or an outside party, you release BuyMyWardrobe (and its Representatives) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
BuyMyWardrobe, for the benefit of users, may try to help users resolve disputes. BuyMyWardrobe does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that BuyMyWardrobe attempts to resolve a dispute it will do so in good faith based solely on the Policies. BuyMyWardrobe will not make judgments regarding legal issues or claims. For more information, please see the Returns Policy.
In the event a dispute arises between you and BuyMyWardrobe, please contact BuyMyWardrobe.
Without limiting any other remedies, BuyMyWardrobe may, without notice, and without refunding any Commission or fees, delay or immediately remove Content, warn BuyMyWardrobe's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, terminate this Agreement in respect of that user, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- BuyMyWardrobe suspects a user has breached this Agreement or the Policies.
- BuyMyWardrobe is unable to verify or authenticate any of a user’s personal information or Content.
- BuyMyWardrobe believes that a user is acting inconsistently with the letter or spirit of the Policies, has engaged in improper or fraudulent activity in connection with the Site or the actions may cause legal liability or financial loss to BuyMyWardrobe's users or to BuyMyWardrobe.
12. No Warranty
BUYMYWARDROBE AND ITS REPRESENTATIVES PROVIDE THE SITE AND SERVICES "AS IS" AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) ARE EXCLUDED. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BUYMYWARDROBE SHALL CREATE ANY WARRANTY.
13. Liability Limit
IN NO EVENT SHALL BUYMYWARDROBE, AND (AS APPLICABLE) ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, BUYMYWARDROBE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL EXCLUDE BUYMYWARDROBE’S LIABILITY FOR CAUSES OF ACTION WHICH MAY NOT BE EXCLUDED BY APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY DUE TO BUYMYWARDROBE OR ITS REPRESENTATIVES’ NEGLIGENCE.
IF, NOTWITHSTANDING THE PRECEDING PARAGRAPHS, BUYMYWARDROBE OR ITS REPRESENTATIVES ARE FOUND TO BE LIABLE, BUYMYWARDROBE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BUYMYWARDROBE'S REPRESENTATIVES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BUYMYWARDROBE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) £100.
YOU AGREE TO INDEMNIFY AND HOLD BUYMYWARDROBE AND (AS APPLICABLE) BUYMYWARDROBE'S REPRESENTATIVES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF A THIRD PARTY.
15. No Guarantee
BuyMyWardrobe does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BuyMyWardrobe's control.
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any BuyMyWardrobe service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If and to the extent that any provision of this Agreement is held unenforceable, then such provision will to the extent permitted by applicable law be modified to reflect the parties' intention. If the provision is not capable of being modified in accordance with applicable law, the provision will be given no effect and will be deemed not to be included in this Agreement, but all remaining provisions of this Agreement shall remain in full force and effect.
18. No Agency
You and BuyMyWardrobe are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notwithstanding the foregoing, BuyMyWardrobe may act as the agent of a Managed Seller where it sells items listed by a Managed Seller.
19. Changes to BuyMyWardrobe Services and Policies
BuyMyWardrobe reserves the right to modify or terminate the BuyMyWardrobe service for any reason, without notice, at any time.
20. Choice of Law and Jurisdiction
This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be interpreted and governed by the laws of England and Wales.
Except as expressly provided otherwise in this Agreement, the English courts shall have exclusive jurisdiction in relation to all disputes arising out of or in connection with this Agreement (including claims for set-off and counterclaims), including disputes arising out of or in connection with: (i) the creation, validity, effect, interpretation, performance or non-performance of, or the legal relationships established by, this Agreement; and (ii) any non-contractual obligations arising out of or in connection with this Agreement.
21. No Rights Under the Contracts (Rights of Third Parties) Act 1999
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
Sections BuyMyWardrobe Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users, Resolution Of Disputes And Release, BuyMyWardrobe's Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, BuyMyWardrobe Services, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as expressly provided otherwise, any notices shall be given by post to Fashion Resale Limited, Acorn House, 33-35 Churchfield Rd, London, W3 6AY (in the case of BuyMyWardrobe) or, in your case, to the email address you provide to BuyMyWardrobe (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BuyMyWardrobe may give you notice by post to the address provided to BuyMyWardrobe. In such case, notice shall be deemed given three (3) days after the date of posting.
For issues with intellectual property, please provide the notice as specified in BuyMyWardrobe's Copyright Policy.
The Site is operated and the services hereunder are offered by Fashion Resale Limited, registered in England and Wales as company number 10403193 and having a registered office at Acorn House, 33-35 Churchfield Rd, London, W3 6AY.
Last updated: 1st October 2016.
The Site was built to make it easy for sellers and buyers to share information. Sellers can showcase their preloved fashion items offered for sale and share some profile information about themselves. Buyers can search for items using criteria such as product category or brand, as well as searching by seller.
To become a seller on the Site you must complete a seller application. If you are accepted as a seller you will be issued with a seller registration code. Following registration, each seller listed on the Site will be given a seller profile. Sellers determine what information is disclosed on their profile.
To use the Site as a buyer the only information we require is your first name, last name and a valid email address. As we add new features and functionality to the Site, which may include for instance targeted product suggestions, we believe completing your user profile in more detail may enhance your user experience.
Buy My Wardrobe Limited (at the address below) is the data controller for the purpose of the Data Protection Act 1998 (the "Act").
2. Personal Data
We may collect and process the following data about you:
- Information that you provide by filling in forms on the Site. This includes information provided at the time of registering to use the Site as a seller or buyer, listing items or providing content. We may also ask you for information when you report a problem with the Site or if there is a dispute between you and another user of the Site in relation to a transaction.
- Records of any correspondence between you and us.
- Details of transactions you carry out through the Site and of the fulfilment of your orders.
- Details of your visits to the Site and the resources that you access.
3. Where We Store Your Information
Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4. Uses Made of the Information
We use information held about you in the following ways:
- To ensure that content from the Site is presented in the most effective manner for you and for your computer.
- To provide you with information or services that you request from us.
- Where you are a Managed Seller, to carry out our obligations arising from any transactions for your items.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
If you have registered on the Site, we may occasionally update you on our latest products, news, special offers and events via e-mail. All registered users have the option to opt-out of receiving marketing communications from us and/or selected third parties. You can do this by clicking on the Unsubscribe link in any email communications that we might send you.
5. Disclosure of Your Information
We may disclose your personal information to any of our group of companies, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that BuyMyWardrobe sells or buys any business or assets;
- If BuyMyWardrobe or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or,
We may disclose aggregate, anonymised statistics about the number of visitors to the Site or number and value of purchases made as required by current or prospective investors and partners. Such statistics may include information about visits to pages on the site, the duration of individual page views, paths taken by visitors through the site, data on visitors' screen settings and other general information. BuyMyWardrobe uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users.
6. Your Rights
We will not sell your name, address, e-mail address, credit or debit card information or personal information to any third party without your permission.
If you wish to verify the details you have submitted to BuyMyWardrobe you may do so by contacting us via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser's password memory function as that would permit other people using your terminal to access your personal information.
You have the right to access the information that BuyMyWardrobe holds about you and your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
7. Your Use of Information
As part of a transaction, you may obtain personal information, including email address and shipping information, from another BuyMyWardrobe user. Without obtaining prior permission from that user, you may only use that personal information for the purpose of completing that transaction or for BuyMyWardrobe related communications. You may not use that personal information for unsolicited commercial messages. Without limiting the foregoing, without obtaining prior permission from that user, you may not add any BuyMyWardrobe user to any email or physical mailing list.
8. Third Party Sites
The Site may contain links to and from the websites of our partners, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
A cookie is a small information file that is sent to your computer and is stored on your hard drive. For detailed information on the cookies we use and the purpose for which we use them see our Cookies Policy.
10. Contacting Us
You can either contact: firstname.lastname@example.org
Or write to us: Fashion Resale Limited, Acorn House, 33-35 Churchfield Rd, London, W3 6AY.
Intellectual Property Policy
Last updated: 1st October 2016.
Fashion Resale Limited ("BuyMyWardrobe") is fully committed to protecting copyright, trade marks and all other intellectual property rights. This Intellectual Property Policy explains the practices in this area associated with our website located at www.buymywardrobe.com and its associated domains (collectively the "Site").
If you believe that your intellectual property rights have been infringed, please notify our customer service team and we will investigate.
BuyMyWardrobe operates a zero tolerance policy against anyone found to be selling counterfeit goods.
When you submit, post or display any data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content"), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use for our business purposes (including without limitation completing transactions, administering the Site and promoting BuyMyWardrobe on any of our websites or in any external press) any and all copyright, publicity, trade marks, database rights and other intellectual property rights you have in the Content, in any media known now or in the future. You agree to allow BuyMyWardrobe to store or reformat your Content on BuyMyWardrobe’s websites and display your Content in any way BuyMyWardrobe chooses. In addition, you waive all moral rights you have in the Content to the fullest extent permitted by applicable law.
3. BuyMyWardrobe Intellectual Property
BuyMyWardrobe is the owner or licensee of all intellectual property rights in the Site (including but not limited to the graphics, logos, designs, page headers, button icons, scripts, trade names and service names) and that are used in connection with the Services and the registered trade mark BUY MY WARDROBE.
Without obtaining our prior permission, you may not use BUY MY WARDROBE or any other trade names, service names or trade dress of BuyMyWardrobe including without limitation as part of trade marks, domain names and/or email addresses, in connection with any product or services.
BuyMyWardrobe acts as a venue to allow users, who comply with this Agreement and the Policies, to offer, sell and buy certain pre-owned fashion goods within a fixed-price format.
We do not review users' listings or content and are not a party to any transaction between buyers and sellers. While we may help facilitate the resolution of disputes we have no control over and do not guarantee:
- The quality, safety or legality of items advertised;
- The truth or accuracy of listings;
- The truth or accuracy of feedback or other content posted by users on our sites;
- The ability of sellers to sell items;
- The ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the Internet is difficult. BuyMyWardrobe cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information that they provide to us or post on our sites.
We (including our Representatives) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use our sites and services.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under BuyMyWardrobe Fees and Services) you paid to us in the twelve (12) months prior to the action giving rise to the liability, and (b) £100.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by applicable law.
If you have a dispute with one or more users, you release us (and our Representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
6. Access and Interference
Much of the information on our Site is updated on a real-time basis and is proprietary or is licensed to BuyMyWardrobe by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our site for any purpose without our prior written permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from our sites without the prior written permission of BuyMyWardrobe and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of our Site or any activities conducted on or with our Site; or,
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our Site.
Last updated: 1st October 2016.
Fashion Resale Limited ("BuyMyWardrobe") provides this Fees Policy to explain the fees charged to users of our website located at www.buymywardrobe.com and its associated domains (collectively the "Site").
Any changes to this Fees Policy and increases to the fees for BuyMyWardrobe’s services are effective thirty (30) days after BuyMyWardrobe amends this page. Any decrease to the fees for BuyMyWardrobe’s services will be effective immediately upon BuyMyWardrobe amending this page. In the event BuyMyWardrobe introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees and Commissions are quoted in UK Pounds (GBP).
2. VAT on the Items You Sell
Since BuyMyWardrobe is not directly involved in the sale of merchandise between buyers and sellers, buyers and sellers are responsible for determining whether or not the price of the item sold (and the associated buyer delivery charge) is subject to VAT, customs duties, fees and other taxes and are responsible for paying such amounts as required under applicable law.
3. Schedule of Fees and Commissions Payable
Joining the Site and listing items for sale is free. BuyMyWardrobe charges a percentage of the sale price when the item sells (a "Commission"). The percentage Commission varies by type of seller and is set out below.
|Account Type||Monthly Fee||Listing Fee||Commission Fee|
When an item is sold via the Site, the buyer makes payment to BuyMyWardrobe. BuyMyWardrobe will retain these funds (the "Sale Proceeds") the period until fourteen (14) days after the date the seller notifies BuyMyWardrobe that the item has been sent to the buyer by clicking the "Mark As Sent" button on the Site. During this period (the "Returns Period") the buyer may choose to return the item in compliance with the Returns Policy. For clarity, any delay in sending an item that has been sold via the Site or any delay in informing BuyMyWardrobe that the item has been sent will delay payment to the seller.
If the buyer has not indicated they would like to return the item, following completion of the Returns Period, BuyMyWardrobe will transfer the Sale Proceeds net of the Commission payable and any applicable taxes to the seller’s nominated account registered on the Site.
Last updated: 1st October 2016.
Fashion Resale Limited ("BuyMyWardrobe") provides this Returns Policy to explain the Returns Policy in respect of purchases made via our website located at www.buymywardrobe.com and its associated domains (collectively the "Site").
2. Returns - Buyers
All items purchased via the Site may be returned within seven (7) days of receipt. If you wish to return an item, you must click the "request a return" button in your online account under 'purchases', within seven (7) days of taking delivery of the item. The item(s) must then be sent back to the seller in the same condition you received it within fourteen (14) days of receipt. Once the seller has received the returned item, the "return received" button will be activated and your refund (minus original postage costs) can be processed the following working day.
If you receive an item that is different to what was described and wish to raise a dispute, please email email@example.com to report the issue within seven (7) days of receiving the delivery AND copy your seller into the email (your seller’s email contact details will be provided to you when you make a purchase).
We encourage buyers and sellers to endeavour to reach an amicable agreement with one another where possible. This may entail agreeing an adjustment to the purchase price. If such an adjustment is agreed, your seller should communicate this to BuyMyWardrobe.
If necessary, you can return your item to the seller for a refund. If you need to return an item due to a fault on the part of the seller, you can request that the seller also reimburse you for return postage costs, however please bear in mind that the seller is only obliged to refund you the total cost of the order in these circumstances. As with any return, to be eligible for a refund, you must contact BuyMyWardrobe AND your seller within seven (7) days and you will need to return the item to your seller in the same condition you received it within fourteen (14) days of receipt.
We encourage our sellers to attach a BuyMyWardrobe security tag prior to sending any item sold via the Site to the buyer. These tags are uniquely numbered and cannot be reattached once removed. If you have received an item with such a tag attached, you should not remove the tag until you are sure you wish to keep the item. Returns will not be accepted on items where security tags have been removed.
In the case of the sale of shoes, BuyMyWardrobe supplies our sellers with security stickers that can be affixed to the sole of shoes. These stickers do not damage the shoe and leave no residue. Once removed, or if the shoes are worn with the sticker still attached, the word "void" will appear on the sticker. These stickers are principally to protect or sellers from unscrupulous buyers who may seek to return shoes after having worn them. Returns of shoes with "voided" security stickers will not be accepted.
Please note that items purchased from sellers via the Site need to be returned directly to the seller and not to BuyMyWardrobe. An exception to this is purchases made from Managed Sellers. The return address for purchases made from Managed Sellers is: BuyMyWardrobe, Office 12, 20 Churchfield Rd, London, W3 6EG.
This Returns Policy does not affect your statutory rights.
3. Returns - Sellers
You are obliged to accept returns if the item is delivered to a buyer in a different condition than it was advertised or if the buyer cancels the purchase within seven (7) days of receiving the item. You are not obliged to accept refunds in other scenarios, however you may choose to do so.
We strongly encourage our sellers to use BuyMyWardrobe security tags and stickers on any items sold via the Site. The primary purpose of these is to protect our sellers from unscrupulous buyers who may seek to swap an item received for another. They also protect sellers from buyers who may seek to return items after wearing them.
As outlined above, we encourage buyers and sellers to reach agreement with one another where possible. You may choose to offer to lower the purchase price to reach agreement with a dissatisfied buyer – although you are under no obligation to do so.
You are not obliged to pay for the return delivery of an item unless it has been previously agreed with the buyer. However if you are at fault, we encourage sellers to offer to cover the return delivery costs.
BuyMyWardrobe operates a zero tolerance policy in relation to anyone found to be selling counterfeit goods. We monitor the Site on a daily basis to check for potentially counterfeit items and to follow up on any concerns raised by our user community.
If you believe an item bought via the site is counterfeit you should contact your seller as soon as possible (you will receive an email address you can use to contact the seller when you make a purchase) and, in any event, within seven (7) days of receiving the item. You should also copy firstname.lastname@example.org on the email so that payment to the seller may be suspended.
In the first instance we suggest you offer the seller the opportunity to give you a full refund. If you are unable to reach a satisfactory resolution with the seller, you may choose to use our dispute resolution procedure. In the case of an authenticity dispute, this involves sending the disputed item to a third party agency for authentication. If the agency deems the disputed item to be genuine, the buyer who raised the dispute will be asked to pay the authentication fee. If the item is deemed to be counterfeit, the item will be destroyed and seller will be asked to pay the authentication fee.
BuyMyWardrobe, for the benefit of users, may try to help users resolve disputes. BuyMyWardrobe does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that BuyMyWardrobe attempts to resolve a dispute it will do so in good faith based solely on its policies. BuyMyWardrobe will not make judgments regarding legal issues or claims.