TERMS & CONDITIONS
TERMS AND CONDITIONS OF SALE “SALE TCS”
1. PURPOSE OF THE TERMS AND CONDITIONS OF SALE “SALE TCS”
The Company Fashion on the Block Ltd., a UK limited company registered under company number 11724731 whose registered office is 18 Fairyfield Avenue, Birmingham B43 6AG provides its users with services with a view to digitally inventory, sell and buy pre-owned fashion goods. These services are available directly on the website and the “LBD” application available for IOS and Android smartphones (hereinafter referred to collectively as the “Website”).
The purpose of these Terms and Conditions of Sale “Sale TCs” is to define the terms and conditions under which LBD allows its users to sell items on the Website.
These Sale TCs – Sale TCs apply without prejudice to the stipulations in the General Terms and Conditions Applicable to all Users (the “GTC”).
Unless otherwise defined herein, all capitalised terms used in these Sale TCs have the meanings defined in the GTC.
The Terms and Conditions not modified herein remain fully applicable.
2. REGISTRATION ON THE WEBSITE
2.1. Creating an account
In order to access the Website’s features, Users must create an account using their email address and a password or by using the Facebook Connect feature.
No restrictions or charges apply to the opening of an account, and there is no obligation to purchase or sell on the Website.
Users must be adults holding legal capacity and have full legal capacity to make a sale.
Only registered Users are authorised to use their account by way of an email address and the password created when they registered on the Website. This information, for which Users are responsible, is required every time a browsing session is opened and must not be disclosed by Users to any third party or be used by a third party.
Users undertake not to create or use any additional accounts other than that initially created by them, whether under their own identity or the identity of a third party.
Users undertake not to use an alias that is liable to infringe third-party rights. Users are informed that, in the event they choose an alias that is defamatory, harmful, threatening, vulgar, obscene, hateful, discriminatory or otherwise reprehensible or infringes an intellectual property right, LBD reserves the right to ask the User to change it by choosing an acceptable alias and, if necessary, close the User account.
Users undertake not to use as alias that enables an online store other than the Website to be identified. In the event of non-compliance, LBD reserves the right to delete the User account.
Users undertake not to complete the registration form using trivial fictional and/or incorrect contact details or information.
Users also undertake to inform LBD using the FAQ contact form as soon as they become aware of any fraudulent use of their alias user ID and/or password by a third party.
Users undertake to compensate LBD for any loss or costs incurred by it as a result of the use of their User account information by any other person accessing the Website, if they permitted or knew about such use.
Confirmation of the account activation will be sent to the User at the email address provided. The account activation confirmation email will summarise their email address (user name) and password to enable them to subsequently connect to the Website.
2.2. Creating Profile Card
Once logged in to their account on the Website, Users may create their Profile Card. In this scope, Users must provide certain mandatory information without which the Profile Card cannot be created, including their:
- surname, first name, gender;
- personal email address, year of birth and postal address.
Furthermore, Users may optionally provide the following information:
website(s) usually shopped
favourite fashion blogger
favourite brand(s), personal description (text entry field)
In respect of the photographs posted on their Profile Card , Users warrant that they own such photographs and that the latter do not infringe any third-party publicity or privacy rights, or any intellectual property rights pertaining to the posted photographs. Users authorise LBD to use, broadcast and reproduce such photograph(s) on the Website, in accordance with Section 3 of the GTC.
3. SALE OF ITEMS
3.1. Agency services
Within the framework of the online agency services provided by LBD, the Seller agrees to appoint LBD as an agent to carry out the following:
publish the Item Info on the Website which constitutes a listing for sale, with all the content input by the Seller and, where appropriate, modify the Item photographs, within the limit of a simple silhouetting;
accept the Buyer’s Order, in the name and on the behalf of the Seller;
receive, in the name and on the behalf of the Seller, the amounts paid by the Buyer in connection with the Transaction;
create in LBD ’s books a “proxy” account in the name and on the behalf of the Seller and comprising the Item Price; and
receive and transfer the above-mentioned amounts to the Seller, after deducting the Commission and any other applicable deductions for payments outstanding, as described under Payment due to the Seller for Items sold on the Website below.
Creating the Item Info
3.2.1 Creating the Item Info Item Info must be provided, for each Item that a User wishes to list for sale.
This Seller must describe in detail all the Item’s features and indicate its Price in the Item Info. The minimum Price for each Item is:
The Item’s features mentioned in the Item Info, and particularly the Item’s condition, must match the features as declared by the Seller before verification by LBD.
The Items listed for sale must be available for Buyers to order for as long as the Item Info is displayed on the Website. A listed Item can therefore be temporarily or permanently removed from the Website by a Seller at any point if the Item has not been ordered, by deleting the Item Info.
3.2.2 Process for creating the Item Info
(a) To facilitate the creation of the Item Info, Sellers may use LBD ’s stored information and databases to precisely index the Item (by Item type, brand, etc.). If the Item’s exact details do not appear in the stored information, the Seller undertakes to take all the necessary steps to accurately index the Item and create the Item Info by indicating all the mandatory information in the Item Information.
In any event, to assist LBD in identifying counterfeit Items, Sellers undertake to precisely identify the brand and model of the Item they are listing for sale.
The Seller undertakes to describe the Item fully, sincerely and faithfully, both its features and, where necessary, if there is any default, its state of deterioration or wear and tear, or any other Item attribute that a Buyer would reasonably wish to know when buying the said Item. The Seller undertakes not to publish any modified representation of the Item, except for cropping. If an Item’s appearance is modified (customisation, etc.), the Seller undertakes to explicitly indicate this in the Item Info.
(b) The Seller must upload to the draft Item Info between one and five photographs of the Item. If there are no photographs of the Item, LBD cannot create the Item Info. The Seller undertakes to solely post true, accurate and unmodified photographs of the Item and warrants that it holds all the rights attached thereto. LBD reserves the right to remove any photographs that it considers to be of insufficient quality or unsuitable for appropriately presenting the Item.
(c) After the Seller’s confirmation of the summary of their draft Item Info and its acceptance of the Sale TCs - Sale TCs, the Item Info is submitted to LBD ’s appropriate department for approval, as described hereinafter.
When Users first submit an Item for publication on the Website, they must provide certain mandatory information so that LBD can easily contact them if required.
3.2.3 Sellers’ obligations regarding the Item(s) listed for sale
Users undertake to only sell Items of which they are the sole owner or, in the case of pre-owned goods dealers or shops, on the behalf of a person who is the sole owner of the Items. Users must ensure that they are not infringing any applicable laws and regulations or third-party rights in any way whatsoever by submitting the Item Info to LBD or listing an Item for sale via the Website.
Users warrant (i) that the origin, condition and features of the Items they list on the Website comply with the details contained in the Item Info and (ii) that the Items listed for sale are not infringing.
Upon request by LBD, Users shall provide LBD with all such documents as may prove their ownership and/or the origin of the Items they list for sale.
LBD reserves the right to remove a User’s Profile Card and/or Item Info if, in respect of any Items, a User has not provided to LBD valid proof of its ownership and/or the origin of the listed Items. Users shall have no right to claim compensation for any such removal of information by LBD for the above reasons.
Users will be solely liable for listing for sale any Item that is prohibited from sale and/or infringing or otherwise in breach of applicable laws and regulations and/or third-party rights. We ask Users to be mindful of commercial agreements that maybe in existence relating to an Item intended for sale.
If LBD were to become aware that any of the Items listed above is offered on the Website, the relevant Item Info of the Product concerned and/or the User Profile Card could be deleted, and the User shall have no right to claim any compensation on this basis.
3.2.4 Sellers’ obligation to monitor their accounts
Once Sellers have posted their Item Info online, they must regularly log into their account to view their ongoing Transactions and monitor them.”.
3.3. Approval and posting of Item Info
3.3.1. Process for approving Item Info, Prices and Commission
To ensure the consistency of the Items listed for sale on the Website, LBD reserves the right to accept or refuse a Seller’s Item Info before it is posted on the Website. If the Item Info is accepted, LBD will send the Seller an email regarding the Price and indicating the amount of the Commission that will be included in the Price if the Seller agrees to list the Item for sale on the Website.
The services offered by LBD are remunerated by way of a Commission that LBD deducts from the Price of an Item paid for by the Buyer.
LBD calculates the said Commission according to a fixed commission scale, subject to sales carried out by professional Sellers and in cases where Items are relisted for sale again and where the principle of fixed commission described below does not apply.
The Commission received by LBD corresponds to the sum paid for each Transaction to LBD by the Buyer in exchange for services between the Seller and the Buyer, arranging inspection of the Items and dispatch of the Items, LBD acts as the Seller’s agents. That Commission is included in the sale price at which the Item is listed on the Site.
For Items listed for sale through LBD ’s VIP Service, please refer to our VIP Terms. If an Item is listed for sale under LBD ’s Sale TCs and under LBD ’s VIP Service, the general terms and conditions of use of the LBD VIP Terms will apply.
The Commission received by LBD, in the event of the sale of an Item, will be calculated at 20% of the Gross and 27.5% for LBD VIP Items.
This method of calculating the Commissions is applicable as from 1 October 2019 and thus applies to all Items listed for sale on the Website, including for Items listed before such date.
LBD will only charge the Commission once the Item has been sold.
LBD may suggest a change of the Net Seller’s Price with a view to rendering its consistent with the price of other Items listed on the Website and, in general, with market expectations. Sellers therefore agree to discuss the amount of the Price in good faith with LBD.
Throughout the sale process, the Seller has full visibility over the Price and the related Commission. Before an Item is listed for sale on the Website, the Seller will be required to confirm its agreement to the Net Seller’s Price, the Price and the level of LBD ’s Commission and, if applicable, any additional fees that may be due.
Unless agreed otherwise, no additional price will be charged to the Buyer for the packaging of an Item.
3.3.2. Modification by the Seller of the Item Info, Price and Commission
Sellers may add comments in the section reserved for this purpose. They may also upload additional photographs of each Item listed following the publication of the Item Info on the Website. Any modification of the Item Info and, in particular, any addition of images, will be subject to approval by LBD before being posted on the Website.
Any such modification of the Item Info will not apply to an ongoing Transaction (i.e. after a Buyer has placed an Order for that Item) and any modification of the Price will not be effective until accepted by the Seller.
The Seller has the possibility of reducing its Price, in which case LBD ’s Commission is also adjusted in accordance with the scale shown in Clause 3.3.1 hereof and the previous Price will appear crossed out on the Item Info.
Throughout the sale process, the Seller has full visibility over the Net Seller’s Price and the related Commission. Before an Item is listed for sale or its Price reduced thereafter, the Seller will be required to confirm, on each occasion, its agreement to the Seller’s Net Price and LBD ’s Commission.
3.4 Option of a direct purchase of the Item by LBD
Exceptionally, after the Item Info has been reviewed by LBD and following any negotiations concerning the Price, LBD may offer to purchase the Seller’s Item directly itself. All correspondence in such respect will, in principle, be exchanged directly via email. Once the terms of sale are agreed upon, LBD will send the Seller a purchase order for the Seller to countersign. Following signature of the purchase order, a binding contract for the sale of the Item is established between LBD and the Seller, and the latter undertakes to ship the Item to LBD in accordance with these Terms of Sale In this case, LBD will become the owner of the Item and may freely dispose of it.
3.5. Item check
If, at the time of the Item check, LBD realises that the Item does not correspond to or comply with the Item Info produced by the Seller (particularly concerning the condition of the Item), LBD undertakes (i) to negotiate with the Seller and the Buyer to obtain a Price reduction or (ii) to cancel the Order and refund the Buyer.
Should the Order be cancelled and the Seller wish to have the Item returned to it, LBD will charge a set amount of £25 (including VAT/sales tax) to the Seller for an Item that is non-compliant and/or infringing, corresponding to irrecoverable handling fees (fees of the shipment of the Item to LBD , of silhouetting the photographs, of shipping the Item back to the Seller).
Should LBD be unable to return the Item to the Seller, in particular if the Item is returned to LBD by the carrier following a first consignment and LBD was unable to contact the Seller by email or by telephone, LBD will become the owner of any Items not reclaimed within a period of six (6) months as from receipt of the Item(s) by LBD . These Items will, where necessary, be destroyed or sent to a charity if their condition so permits.
3.6. Item Sales and Payments to Sellers
3.6.1. Order checking process
The Seller acknowledges that it has been informed that the information relating to the Buyer’s Order is subject to automated data processing for which the data controller is Information Commissioner’s Office. The purpose of this automated data processing is to combat bank card fraud.
An anti-fraud check may be carried out on the Buyer by our anti-fraud services provider and/or by LBD ’s “Risk” department, by telephone, email or post, with a view to validating the Order before the Item is dispatched accompanied, where appropriate, by a request for additional supporting documents.
Within the framework of this anti-fraud check, an Order may be cancelled by LBD if the information provided by the Buyer is deliberately erroneous and/or fraudulent, including after validation of the Order. In this case, the Seller will be informed by email of the measures taken by LBD , who will relist the Item for sale on the Seller’s account.
3.6.2. Process for the sale and shipment of the Item(s) to LBD
A Seller whose Item is ordered by a Buyer will receive an Order notification by email informing the Seller that the Item must be sent to LBD for the purpose of checking the Item’s compliance with the details provided by the Seller in the Item Info.
Sellers must bear the full cost of sending and insuring their Item until it reaches LBD ’s check point, unless LBD offers a prepaid voucher to cover postage.
Sellers should obtain proof of postage for each package they send to LBD.
The Seller should endeavour to dispatch the Item by the assigned carrier (using a print out of the prepaid voucher) within two (2) working days of the confirmation of the sale and, in any event, should dispatch the Item no later than six (6) working days following the date of such confirmation. No items other than the Item concerned, and any accompanying accessories to be sold with it, should be posted, to the exclusion of any form of marketing documentation.
LBD disclaims all liability towards the Seller for any damage to or loss of Items during shipment to LBD, if the package is dispatched without the prepaid voucher.
LBD will only be liable for any loss or damage of Items as from when it receives the dispatched Items. If an Item is lost or damaged by the carrier to whom the Seller consigned the Item for shipment to LBD , the Seller’s compensation will depend on the compensation proposed by such carrier.
To guarantee the best insurance coverage for the Items during their shipment to LBD , Sellers may, at their option and cost, take out their own insurance to cover any loss or damage of the Item during shipment to LBD . In this case, the Seller should not use the prepaid voucher sent by LBD .
If LBD does not receive the Item within 15 calendar days following confirmation of the Item’s sale, LBD reserves the right to cancel the sale of the Item concerned and will inform the Buyer accordingly.
The Seller undertakes to dispatch thoroughly clean Items to LBD (i.e. Items that have been washed and ironed, if necessary). Failing this, LBD will be entitled to charge reasonable fees of cleaning and/or ironing the Items to the Seller and may deduct such fees from any sums due to the Seller by LBD. To avoid complaints, the Seller will take particular care when packing the Items to be sent (for example, by using non-transparent reinforced envelopes with bubble wrap and reinforced package seals). Sellers must keep their proof of postage of the packages sent in a safe place for one month after the date of dispatch.
For the purpose of receiving their payment, Sellers must indicate in their customer account their bank details or PayPal account details to enable LBD to make a wire transfer to the Seller’s bank or PayPal account. Their name and surname must imperatively correspond to those of the bank account so that the transfer is authorised by the bank concerned. If Sellers opt to receive payments on their PayPal account, a fee may be charged by PayPal. Please check Paypal’s general terms and conditions for your appropriate country.
3.6.3. Payments to the Seller for Items sold on the Website
The payment received from the Buyer, from which the following amounts will be deducted: (i) the Commission due to LBD; (ii) the Authentication Fees, (iii) the Shipping Fees and (iv) any outstanding amounts that may be due to LBD, such as cleaning and ironing charges, will be repaid in full to the Seller by LBD after confirmation of the Item’s check with the Item Info by LBD’s Checking Department.
However, following delivery of the Item to the Buyer, the Seller shall, upon first request by LBD , refund the sums received from LBD for the Transaction and refund any shipping fees to the Buyer if the Item is infringing or has been prohibited from sale, in breach of the Seller’s obligations under Section 3, namely Items that are infringing or prohibited from sale.
If LBD has not paid the Seller any amount in connection with the Transaction, the Seller will not be entitled to any such payment following a validly returned Item by a Buyer or LBD.
Sellers expressly waive their right to claim any amounts (interest or other) that may accrue as a result of the temporary capitalisation of the amounts received by LBD in connection with a Transaction.
3.7. Sale of Items imported into the EEA
LBD reserves the right to request Sellers who are based outside the European Economic Area, or who are offering Items located outside such area, to provide documentary evidence that they have obtained the authorisation of the holder of the relevant rights.
If a Seller does not provide LBD with such documentary evidence, LBD reserves the right to cancel a Transaction and suspend the Sellers’ account, after previously informing the Seller thereof by email.
LBD reserves the right to re-invoice, if applicable, the customs duties pertaining to the dispatch of the Item by the Seller to LBD .
3.8. Listing of infringing or prohibited Items on the Website
By physically examining the Items before their expedition, LBD takes every step to prevent counterfeiting or the sale of potentially prohibited Items (such as Items infringing applicable laws or regulations or third-party rights as prototypes (clothes or accessories created before being launched for mass production) or uniforms (clothes or accessories intended for the employees of certain brands).
If, however, despite the care taken in the physical control of the Product, a Buyer receives a counterfeit Item or an Item that is prohibited from sale, it could return the Item to LBD and receive a refund in accordance with the provisions of Section 3.
Sellers warrant that the Items they sell are not infringing or prohibited from sale.
If any infringing or prohibited Item would be discovered, it would be immediately withdrawn and the account of the Seller concerned suspended for six (6) months. If any other infringing or prohibited Items would be subsequently listed by the same Seller, said Seller will not be entitled to re-register for a period of five (5) years.
In addition, if an infringing or prohibited Item is listed on the Website, the Seller of such Item would assume the risk of such Item being seized by the competent authorities or by the proprietor of the brand concerned, which reserve the right to retain or destroy it. The Seller would then be personally responsible for recovering the Item at their own risk and cost.
If an infringing or prohibited Item is nevertheless listed for sale or seized by the competent authorities or the right-holder that owns the intellectual property rights concerned after having being sold, the Transaction would be cancelled. In this case, Sellers shall refund to LBD any amounts potentially received by them in connection with the sale of such Items and shall compensate LBD for any fees incurred by the latter and/or the Buyer due to the Seller’s activity and shall hold LBD harmless against any legal proceedings.
In the event of doubt as to the authenticity of an Item, LBD reserves the right to request from the Seller any and all documentation certifying the authenticity of the said Item and to suspend the Seller’s account until receipt of such documents. LBD also reserves the right to contact Sellers of Items to verify, where necessary, the authenticity of an Item.