Access and Use of this website
YOUR ACCESS TO AND USE OF THIS SITE
You acknowledge that we make no warranty (beyond what is set out in our Terms of Sale in relation to any sale or when selling on your behalf under our Sale on Consignment and Agency Terms using this Site) that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects in the Site or its contents will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, legality or reliability of the materials.
We cannot be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site nor can we be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. You must not misuse this Website. You agree not to commit or encourage a criminal offence nor to transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way defamatory offensive or obscene nor to hack into any aspect of the Service or corrupt data nor to cause annoyance to other users.
You also agree not to infringe the proprietary rights of any other person, nor to send any unsolicited advertising or promotional material (commonly referred to as “spam”) nor to compromise the performance or functionality of any computer facilities of or accessed through this Website.
If we determine that you have engaged in prohibited activities, were not respectful of other users, or have otherwise violated these terms, we may, again in our sole discretion, deny you access to this Site on a temporary or permanent basis. We may report any such breach to the relevant law enforcement authorities and if that happens we shall be obliged to disclose to them your identity or if not yourself the identity of the person whose computer you are using to access our Site.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remains our property and in the case of the rights of any third parties uploaded on our site those are strictly reserved. If you upload any materials in which intellectual property rights belong to you, you thereby consent to our non-exclusive use and reproduction of that material in and in association with the Site and our business in any medium without limitation of time or geography.
If the intellectual property in the material which you send to us belongs to someone other than yourself you must obtain the owner’s consent to that material’s reproduction and use on and in connection with this Site and any business which we conduct. You may store, print and display any content uploaded onto the Site solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise copy, in any format, any of the content or copies of the content supplied to you or which appears on this Website and which did not originate from you.
You also agree that you will not use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation or files supplied by us. The Merchant is a trading style and trade mark belonging to us. No licence or consent is granted to you to use this mark in any way, and you agree not to use this mark or any marks and designs, which are colourably similar without our prior written permission.
Any other trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are licensed to endorsed by or connected with us. No image of any person who is wearing a vintage item implies any endorsement of the item by that person other than to record the fact that the item was used by that person. Any unauthorised reproduction or redistribution of the above listed content is prohibited and may expose you to civil and criminal sanction.
Shipping methods and costs
We deliver within the United Kingdom and within Europe – the charge for shipping is standardized at £10 per item.
The Merchant is legally responsible for your order until it leaves our store. The delivery contract is between you (the customer) and the Royal Mail or Parcel Force, our designated courier service. Please note that we aim to dispatch all orders within 72 hours of payment being cleared. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, The Exchange are not responsible for any delays caused by destination customs clearance processes. During periods of high volume of orders (e.g. SALE or Christmas) delivery times may be longer. Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order.
Value Added Tax or EU equivalent
As the point of sale is the United Kingdom prices shown on the Site are in Pounds Sterling (£) Prices include VAT at the rate prevailing from time to time in the United Kingdom but exclude customs dues and import duties (if any) If, when you place your Order you are resident in the European Union or if goods are sent to you in the European Union your Order will bear VAT. If you are not resident within the European Union any VAT element of the Selling Price will be deducted from the Selling Price shown for the gGoods in the Shopping Bag before arriving at the total payment to be made. Costs of delivery are charged separately and may bear VAT.
If you wish to check what may cover delivery to you view our delivery rates. The appropriate delivery charge inclusive of VAT if required, will be added to the total payment in the Shopping Bag. When ordering Goods, you will have to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided. All our Goods are sold subject to our Terms of Sale.
PROCESSING PAYMENTS and Website Security
We take all reasonable care consistent with current technology to make our Site as secure as we can make it. We use industry standard technology to encrypt and protect your data.
We shall take all reasonable care to keep the details of your order and payment secure, but you recognize and accept that the World Wide Web is not a secure environment and its use carries the risk of unauthorized access to information transmitted or processed by those means. In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Customs Dues and Import Duties
You will be responsible separately for customs dues and import duty (if any), principally on sales outside the EU. If you are a resident outside the European Union you should check before you place an Order with us to see whether there are any applicable local sales taxes customs dues or Import Duties which apply to your Order when you import the Goods into your Country. You are solely responsible for clearing the Goods with your local customs authorities and for paying any dues or duties, customs and local sales taxes levied by the country selected by you for shipment which may be payable in connection with that importation.
OUR RESPONSIBILITIES FOR USING THIS WEBSITE
You agree that, save as otherwise provided in the event of a purchase made by you using this site or as expressly provided in our Sale On Consignment and Agency Terms, and except for our fraudulent misrepresentation or death and personal injury arising from our negligence, we will not be liable in contract, tort or otherwise at law for any loss, whether economic loss (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter in connection with your access and or use of this Site.
You also agree fully to defend indemnify and hold harmless our company and its officers employees and agents immediately on demand from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising (a) from your abuse of this Site or failure to observe these rules, or the abusive use or failure to comply with these rules by any other persons accessing this Site using your Internet account or computer. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you here under.
TERMS OF SALE
Please read these terms carefully before placing an Order as they apply to the Customer’s Order. Consumers within the European Economic Area must read Clauses 7-10 below in particular
1.1 “Customer ” means the individual or organisation who buys or agrees to buy the Goods from us.
1.2 “Consumer” means a customer who is resident in The European Economic Area and who buys Goods from this Website other than in the course of or as part of a business with which the buyer conducts or is involved
1.3 “Consignment” in the expression “on Consignment” in relation to Goods means that Goods on Consignment are held by us acting as the agent for the owner of the Goods, we contracting as agent for the owner of the Goods with the Customer ;
1.4 “Contract” means the contract between us and the Customer for the sale and purchase of Goods incorporating these Terms;
1.5 “Goods” means the articles that the Customer agrees to buy from us or a Consignor through us.
1.6 “Terms” means the terms and conditions upon which the Customer asks us through our on-line facility to sell products to the Customer ;
1.7 “Selling Price” means the price of Goods plus VAT at the rate prevailing at the time of sale displayed on our website for sales within the European Union
1.8 “We” (including “Our” and “Us”) refers to The Merchant.
1.9 “Website” means our on-line facility the url of which is http://www.the merchant24.com and contactable at email@example.com
1.10 “You” (including “Your”) refers to the Customer.
2.1 Nothing in these Terms shall limit or exclude the statutory rights of any Consumer in the European Economic Area. Otherwise…
2.2 …these Terms shall apply to all contracts for the sale of Goods and shall prevail over any other documentation or communication from the Customer .
2.3 The contract between us and the Customer will be completed when we receives the Customer’s payment. The place the contract is performed is London, England.
2.4 The Customer’s authorisation of payment for the Goods shall be deemed conclusive evidence of the Customer ‘s acceptance of these Terms.
2.5 Any variation to these Terms shall be inapplicable unless agreed in writing and signed off by us.
2.6 VAT at the rate current from time to time in the UK has to be included in prices of any Goods advertised for sale on our website. However a corresponding credit against the total Selling Price is given to a non EU resident buyer when that buyer has the Selling Prices of all Goods placed in the Shopping Bag totalled before completing the purchase.
2.7 Any complaints should be addressed to us at firstname.lastname@example.org
3.1 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Terms and are subject to acceptance by us, which we may refuse at its discretion.
3.2 Where Goods ordered by the Customer are out of stock we will inform the Customer within a reasonable time and tell the Customer whether those Goods will be restocked, or not, or decline the Order. If not any payment made by the Customer will be refunded to the Customer in any event within 28 days.
4. PRICE AND PAYMENT
4.1 The Selling Prices shown for Goods in the Shopping Bag which are current at the time of Order will be those which the Customer shall pay for the selected Goods, unless such items are out of stock. Selling Prices shown are inclusive of VAT which must be added to purchases made within the European Union. The Selling Price excludes delivery charges likewise inclusive of VAT to be added for deliveries within the European Union.
4.2 The total purchase price, including VAT and delivery charges, if any, quoted in GB Pounds will need to be agreed prior to confirming the order; a deduction corresponding to the VAT element of the Selling Price will be given to any Customer who is non-resident in the EU and places the Order from outside the European Union .
4.3 IMPORTANT : For customers outside the European Union the supply of Goods may result in customs and or import duty having to be paid on them. The quoted Selling Price does NOT include customs dues or import duty for which the Customer will remain responsible in addition.
4.4 After the order is received we shall confirm by email the details, description and price for the Goods and information on the right of a Consumer resident in the European Union to cancel after acceptance of the Order. Said email (bearing an invoice number, our VAT registration number and place of business) will constitute our invoice alternatively confirmation that you will be supplied an invoice from a Consignor of Goods on Consignment.
4.5 Payment of the price plus VAT (if payable) and delivery charges must be made in Pounds Sterling in full net of currency conversion costs and bank charges before dispatch of the Goods to a Consumer .
4.6 We accept electronic payment by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro. Payment will be debited and cleared from the Customer’s account upon acceptance of the Customer’s order by us. The Customer warrants that the credit/debit card that is being used is the Customer’s. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer’s payment card refuses to authorise payment to us , we will not be liable for any delay or non-delivery.
4.7 Payment is debited from the Customer ‘s card at time of dispatch. Payment details will be fully encrypted and only used to process card transactions.
5. OUR RIGHTS
5.1 We reserve the right to update Selling Prices (either or both up and or down) on the Website. We shall make every effort to inform Customers of any change to prices between the time the Customer places an order and that order is accepted.
5.2 We reserve the right at our complete discretion to withdraw any Goods from the Website at any time.
5.3 We shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order beyond refunding any monies tendered with such order.
6. AGE OF CONSENT
6.1 No order will knowingly be accepted from any person who is under the age of 18. We shall not be responsible for ensuring that declarations of age made to us are truthful. The Customer will be asked when placing an order to declare that the Customer is of the appropriate legal age to purchase the Goods. Any person who tries to buy goods from us who is not permitted by that Customer’s local law to use a credit or debit card under an age which is greater than 18, will be deemed for the purposes of this agreement to be an adult.
6.2 If we discover that the Customer is not legally entitled to order certain Goods, we shall be entitled to cancel the order immediately, without notice.
7. THE EC DIRECTIVE
THE EC DIRECTIVE ON DISTANCE SELLING (DIRECTIVE 97/7) RATIFIED BY THE CONSUMER PROTECTION (CONTRACTS CONCLUDED BY MEANS OF DISTANCE COMMUNICATIONS) REGULATIONS 2000 REQUIRES US TO INFORM ALL CONSUMERS RESIDENT WITHIN THE EUROPEAN ECONOMIC AREA OF CLAUSES 7 -10 WHICH ARE TO BE READ WITH AND FORM A PART OF THESE TERMS AND CONDITIONS FOR SUCH CONSUMERS
We are SW3 Luxury Ltd trading as The Merchant 24, 21 Elgin Crescent,W11 2JD English Company Reg.nr. 7981966 and contactable at email@example.com. We are the supplier of goods purchased from this website unless expressly stated otherwise.
8. DESCRIPTION AND PRICE
8.1 Goods and Selling Prices inclusive of VAT at the rate prevailing from time to time payable are set out (together with the value added and/or any other applicable sales tax in the Shopping Bag) on this website.
8.2 Unless otherwise specified the Goods supplied under these terms and conditions are Vintage Clothes and their condition is warranted only as disclosed in the images or descriptions of the Goods contained on this site. Customers who may have specific requirements such as special body measurements should contact firstname.lastname@example.org before making an offer for any Goods.
8.3 When the Goods shown are qualified by “on Consignment” we are selling those goods as agent for the Owner and not as the principal. The Customer acknowledges in that case that the we are acting as a disclosed agent usually for an undisclosed principal and where stated a disclosed principal.
8.4 Whilst every care is taken to ensure that the Goods are in good condition and clean at the time of dispatch we cannot guarantee that the Goods will be as new and free from defect or material alteration since the Goods were originally created and many items are both fragile and delicate.
9.1 Where Goods are delivered to the Customer ‘s address, the Customer will be informed about the cost of such delivery at the time of payment.
9.2 Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order.
9.3 Goods supplied outside the UK will normally be delivered within 15 working days of acceptance of order.
9.4 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Customer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
9.5 We shall use our reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
9.6 Delivery of the Goods shall be made to the Customer ‘s address specified in the order and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
9.7 Risk in the Goods shall pass to the Customer upon delivery of the Goods, or where the Customer fails to take delivery at the agreed time, at the time delivery was attempted.
9.8 All shoes should be tried on a carpeted surface before wear. Shoes must be returned in their original, undamaged shoe box if supplied with the shoes, as this is considered part of the product. Unpackaged shoes that are returned (without boxes or with damaged boxes where supplied) will not be accepted, and will be sent back to the Customer.
9.10 Title in the Goods shall not pass to the Customer until payment of the price has been made in full.
9.11 Please email email@example.com immediately if any of your purchases Goods has been delivered without a The Merchant tag.
10. CANCELLATION OF SALES BY CONSUMERS RESIDENT IN THE EEA
10.1 In addition to the Customer’s other rights under this contract a Consumer may cancel the order for any reason up to the point of dispatch and any payments made by the Consumer shall be refunded in full within 28 days.
10.2 As a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us by writing to the address specified above or by email at firstname.lastname@example.org within 7 working days following receipt of the Goods. Goods must be returned unused by the Customer within 14 days of cancellation in the original packaging and should be adequately insured during the return journey. The Consumer will receive within 30 days following receipt of a notice of cancellation a refund of all monies paid for the Goods (less shipping/Handling costs). If the Consumer fails to return the Goods following cancellation, we shall be entitled to deduct the cost of recovering the Goods from the Consumer.
10.3 The Consumer will be under a duty to take care of the Goods until they have been despatched for return or recovered as the case may be. Goods must bear ALL tags intact on the goods when returned; the goods include the tags and are damaged by removal of the tags themselves. If tags have been removed you will be deemed to have used these goods and we reserve the right to reclaim our loss from you. Where returned Goods are found to be damaged due to the Consumer’s fault the Consumer will be liable for the cost of remedying such damage.
10.4 Goods to be returned must clearly show the Order number obtained from us on the package or a Returns Merchandise Authorization (RMA) number (see Clause 11.2 below) to enable us to confirm the identity of the Consumer to be refunded.
10.5 A Consumer who has failed to observe the requirements of Clauses 9.8 or 9.9 will be liable for any loss which we suffer as a result.
11.1 Terms concerning all Returns, subject to Clause 10
11.1.1 We are not required to exchange any Goods for any other Goods.
11.1.2 The Customer shall inspect the Goods immediately upon receipt and shall notify us no more than 7 days after the date of receipt if the Goods are damaged or are not what the Customer ordered do not comply with the Contract. If the Customer fails to do so the Customer shall be deemed to have accepted the Goods.
11.1.3 Where a claim of defect or damage is made and it is due to our or the Consignor’s act or omission, the Goods shall be returned by the Customer to us within 14 days of delivery. If the defect or damage is capable of repair we may at our option repair the same and send it back to the Customer. If the Goods are incapable of repair the Customer shall be entitled to a replacement if available or a full refund (including delivery costs) plus any return postal or other despatch charges if the Goods are in fact defective; in the event the goods have been supplied by us on consignment the customer’s entitlements are against the Consignor and not us.
11.1.4 Goods which are returned which are damaged or soiled after receipt or which have had our labels and or designer labels and or integral packaging or protective strips removed, defaced or damaged after delivery to the Customer will not be the subject of a credit or accepted and will be sent back to the customer.
11.1.5 Refunds will be credited to the account from which the Customer paid for the Goods originally unless the Customer requests a credit or offset to be carried by us against a subsequent purchase; in that event we have the discretion to decide whether we give a credit or a refund.
11.1.6 Under no circumstances will we be liable to refund VAT or sales tax outside the European Union or any customs or import duty or local taxes of any nature whatsoever.
11.2 Terms covering all returns by Non-Consumer Customers
11.2.1 After notifying us in accordance with Clause 11.1.2 above of any defect or incorrect order fulfilment we shall allocate a Returns Management Number (“RMA”) and Goods must be returned to and received by us within 7 days of the Customer being sent the pertinent RMA number.
11.2.2 Returned Goods which are not received within 7 days will only be the subject of refund or exchange at our discretion
11.2.3 All Goods must be returned in their original packaging (with additional external packing supplied as required) to ensure they are adequately protected in transit. Shoe boxes, where supplied, must also be protected as they are considered part of the Goods supplied, and a return will not be accepted if the Shoe box is damaged.
11.2.4 We do not accept liability for damage in transit to Goods which are being returned.
11.2.5 Goods must be returned to us via the original delivery method used.
11.2.6 All returned Goods must be returned unused and with all The Merchant tags and where applicable designer garment tags still attached. Where provided, any original designer packaging such as authenticity cards, dust bags and leather tags must be included with the Goods being returned. If Goods are dirty or soiled the returned Goods will not be accepted and will be sent back to the customer without subject of a credit or refund.
11.3 If the Goods were sent to a Consumer resident at a destination within the EEA, the procedures set out in Clause 10 must be complied with. Otherwise and for all Customers outside the EEA, customs duties and sales taxes are non-refundable by us. However, the Customer may be able to recover these by contacting a local customs bureau directly.
Clause 10 does not apply to Exchanges
If the Customer in the UK wishes to exchange any Goods for an alternative style, the UK Customer must purchase the new Goods separately and claim a refund on the Goods by way of the Returns procedure as follows:
11.5.1 We are willing to entertain returns or requests for exchange from UK Customers in the UK using the US’s our collection service providing the procedures which cover Goods being returned for exchange have also been complied with.
11.5.2 A UK Customer seeking an exchange, should ask for this within 7 working days after receiving the Goods by emailing email@example.com . Please note that a return requested more than 7 working days after receipt of the Goods will only be granted at our discretion.
11.5.3 Goods must be returned within 7 days following the date of your notification. Returns outside these timeframes may be accepted at our the discretion of The Merchant and may only be refunded as a store credit. The package containing the Goods must be left open for inspection until the driver has checked the contents.
11.5.4 The UK Customer will be notified by email once the return has been received and processed. Once we notify a UK Customer that we are willing to effect an exchange the UK Customer will be required to place an Order and pay for the replacement Goods in advance of our refunding the UK Customer’s account in respect of the Goods returned to us.
11.5.5 We reserve the right in our entire discretion to decline a request for an exchange
12. OUR LIABILITY
12.1 Save as expressly provided in these terms all Goods are supplied “As Is” and “As Available” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.
12.2 Except as may be implied by law where the Customer is dealing as a Consumer within the European Union, in the event of any breach of these Terms and Conditions by us the remedies of the Customer shall be limited to the right either to require us to repair the Goods or to damages which shall in no circumstances exceed the price of the Goods net of VAT if any, and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
12.3 Nothing in these Terms and Conditions shall exclude or limit our liability for (a) fraudulent misrepresentation or (b) death or personal injury resulting from our negligence or that of our agents or employees.
We have made every effort to display as accurately as possible the colours of our products that appear on The Exchange. However, as the colour calibration of computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
No waiver by us (whether express or implied) in enforcing any of our rights under this contract shall prejudice our rights to do so in the future.
15. FORCE MAJEURE
We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of time to perform our obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
17. CHANGES TO TERMS AND CONDITIONS
We shall be entitled to alter these Terms and Conditions (other than those at clauses 7 to 10 above for EEA consumers) at any time but this right shall not affect the existing Terms and Conditions accepted by the Customer upon making a purchase.
18. GOVERNING LAW AND JURISDICTION
Your use of this website and these Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.