Introduction

  1. These Terms and Conditions (“Terms”) are the terms and conditions which apply to the relationship between sellers or potential sellers of Items (as hereinafter defined) through the Website/ Retail premises and Alice Kirk T/A Isabellas Wardrobe/ Isabellas Wardrobe Ltd. They should be read in conjunction with our Website Terms of Use and our Privacy Policy which also apply to the relationship between you and Isabella’s Wardrobe/ Isabella’s Wardrobe Ltd. By sending garments to Isabella’s Wardrobe and requesting us to sell them on the Website/ through our Retail premises you are confirming your acceptance to be bound by these Terms to the exclusion of any other terms and conditions. The Terms may be modified from time to time by updating this page. You should visit this page regularly to check the Terms.

 

Definitions

  1. In these Terms the following definitions shall apply: “Agreement” means any contract entered into between a Seller and Isabella’s Wardrobe;
    “Buyer”means the buyer of an Item which is sold through the Website/ Retail premises.
    “Isabella’s Wardrobe”, "us", "we"and "our" means Alice Kirk T/A Isabella’s Wardrobe / Isabella’s Wardrobe Ltd.
    “Item” means any garment or other item sent by you to us with a view to it being sold via the Website/ Retail premises
    “Marketing Price” means the price at which an Item is marketed on the Website/ Retail premises (i.e. an agreed Provisional Price);
    “Provisional Price” means the provisional price at which an Item is proposed to be marketed on the Website/ Retail premises determined in accordance with clause 6;
    “Seller” or “you” means the person named in the registration page as the owner of an Item on whose behalf we are selling (and “your” shall be construed accordingly);
    “Sell Form” means the online form submitted by a Seller wishing to sell an Item which contains a description of such Item;
    “Start Date” means the date on which an Item is first marketed on the Website/ through Retail premises;
    “Terms” means these Seller's Terms and Conditions; and
    "Website" means our website www.isabellaswardrobe.com

“Retail Premises” means our premises at 318 Crow Road

“Working Days” means any day other than Saturdays, Sundays and public holidays in the U.K..

 

Offering Items for sale

  1. In submitting a Sell Form/ Bringing items into our Retail premises you are requesting us to sell the relevant Item on your behalf.
  2. In marketing and/or selling any Item through the Website / Retail premises we are acting solely in our capacity as your agent.
  3. Within 5 working days of you submitting a Sell Form,/ Bringing items into our Retail premises we will contact you by email (i) to confirm whether or not we are willing to provisionally accept the Item for sale and (ii) if we are willing to sell the Item (such decision being subject to examination of the Item), the proposed Provisional Price of the Item. If we do not receive any objection from you in relation to the Provisional Price prior to sending to us or arranging collection of the relevant Item, you shall be deemed to have agreed to the Provisional Price. The agreed Provisional Price will be set to allow Isabella’s Wardrobe discretion to sell the said item with up to and including 10% discount with immediate effect.
  4. The Provisional Price is a provisional estimated selling price only, which shall be determined with reference to all relevant factors including, without limitation, the original retail price of the Item, the age, style and condition of the Item and other relevant market factors. Unless you have informed us otherwise in the Sell Form, in setting the Provisional Price we shall assume that the Item is in the condition described on the Sell Form. We reserve the right to review and adjust the Provisional Price upon receipt of the Item in accordance with clause 17 below.
  5. We may, at our absolute discretion, refuse to accept any Item for sale.

 

 

Collection / Delivery of Items

  1. Subject to us provisionally accepting an Item for sale and agreeing a Provisional Price for an Item, at your option:
  • we shall provide you with details of our courier service, with whom you can arrange for collection of the Item from a UK mail address. This cost will be covered by us; or
  • you may post the item to us via Royal Mail to the following address: Isabella’s Wardrobe, 318 Crow Road, Glasgow G11 7HS. This shall be at your cost.
  1. Whether sent by courier or via Royal Mail, it is your responsibility to ensure that the Item is carefully and securely packaged so that it reaches us in good condition, and you shall ensure that any reference number provided by us in relation to the Item is clearly marked on the outside of the parcel.
  2. In the event that you arrange for collection of an Item it is your responsibility to ensure that the Item is available for collection on the agreed day. If our courier is unable to collect an Item because there is no one available at the agreed collection address, or you have provided an incorrect or incomplete collection address, we reserve the right to make a reasonable charge for any repeat collection trip.
  3. An Agreement between you and Isabella’s Wardrobe for Isabella’s Wardrobe to sell an Item on your behalf as your agent comes into existence at the moment an Item is received by us or collected by our courier, or brought by you into our Retail premises such Agreement being governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.
  4. Risk in Items passes to Isabella’s Wardrobe  (i) if you arrange for collection by our courier, upon collection, or (ii) if you send items to us via Royal Mail, upon receipt by us or when you bring the items to our Retail premises. If you require Items sent by post to be insured against loss, damage or delay during transit, then it is your responsibility to arrange and pay for such insurance. When posting the item to us we strongly recommend you obtain proof of postage.
  5. By sending an Item to us you are confirming that:
  • either (i) you are the rightful owner of the Item in question and you have full authority to sell the Item without anyone else’s permission (or that you have obtained any necessary permission); or (ii) where you are selling Items on behalf of someone else, you have the owner’s permission to sell the Item in your own name as though the Item were your own;
  • the Item may be lawfully sold to consumers in the UK or anywhere else
  • the Item is not stolen or counterfeit;
  • the Item conforms to the description in the Sell Form;
  • unless you have accurately informed us of any damage or wear to the Item and we have agreed to accept the Item subject to such damage or wear, the Item is in perfect condition; and
  • if the Item has been worn, it has been freshly laundered/ professionally dry-cleaned.

 

Acceptance / Rejection of Items

  1. Within 7 days of receipt of an Item we shall examine it and confirm to you by email whether or not we accept the Item for sale . If we accept an Item for sale, unless we notify you that we consider the Provisional Price is too high or too low in accordance with clause 17, the Marketing Price shall be the same as the Provisional Price.
  2. We shall be entitled, at our absolute discretion, to reject any Item received by us for any reason (even if the Item was provisionally accepted by us), in which event we shall email you to enquire whether either:
  • you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or
  • you wish to collect the unsold Item from our Retail Premises at 318 Crow Road – (Clause 35 below will apply); or
  • you wish us to donate the Item to charity (the identity of the charity being our choice).
  1. If we receive an item which is soiled and/or in need of repair, we shall email you and may, subject to your consent, arrange to have the Item cleaned and/or repaired at your expense and at your risk. If you do not consent to the Item being cleaned and/or repaired or you do not agree to any proposed cleaning or repair charge, we shall return the Item to you at your expense.
  2. If having examined the Item we consider that the Provisional Price is too high or too low, we shall send you an email notifying you of a revised price (the proposed Marketing Price). If you object to the revised price by email within 48 hours of when our email was sent, we shall return the Item to you at your expense within 14 days. If we do not receive any objections from you within the 48 hour period referred to above you shall be deemed to agree that we may market the Item at the proposed Marketing Price.

 

 

 

Marketing Items on the Website/ through our Retail premises

  1. If we do not reject or return any Item pursuant to clauses 15, 16 or 17 above, we shall have the sole and exclusive right to act as your agent to sell the Item on these Terms and you shall not, during the term of the Agreement, try to sell the Item yourself or appoint any other person or company to sell the Item for you.
  2. Items will be marketed on the Website / through our Retail Premises by means of a written description provided by us, which shall include the Marketing Price, and at least one photograph. We may amend our written description at any time until the Item is sold. Isabella’s Wardrobe is under no obligation to upload any item to our Website and can select the manner in which the item will be marketed.
  3. Copyright in our written description of the Item and the photograph(s) of it, and in any other marketing/promotional material we produce in relation to the Item shall belong to us. You shall not reproduce, nor permit anyone else to reproduce, such written description, photograph(s) or marketing/promotional material without our prior written consent.
  4. We shall market the Item subject to our Buyers’ Terms and Conditions as published on the Website as amended from time to time or through our Retail premises.
  5. Subject to clause 25, we shall market the Item at the Marketing Price (or any revised Marketing Price determined under clause 24) for at least 12 weeks from the Start Date.
  6. The Marketing Price is an estimate only of the price we believe the Item might reasonably fetch having examined the Item, bearing in mind its condition. We do not make any representation or give any assurance that the Item will be sold at the Marketing Price or at all.
  7. If after 6 weeks from the Start Date the Item is not sold, we will reduce the marketing price by 33% and offer for sale for a further 6 weeks at the reduced price. There after we may contact you to discuss reducing the Marketing Price further in order to sell the Item.
  8. We reserve the right to cease marketing an unsold Item at any time, in which case we shall email you to enquire whether either:
  • you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or
  • you wish us to donate the Item to charity (the identity of the charity being our choice).
  1. You may request us by email to cease marketing an Item at any time before we have accepted an offer from a Buyer to purchase it, and return it to you. This request cannot be made until a period of 6 weeks has passed since the Start Date. However, if you do request us to cease marketing an Item after a period of 6 weeks and within 12 weeks from the Start Date we will charge you an administration fee of £10 for any item marketed through our Website. We shall cease marketing the Item, and it shall be withdrawn from the Website in each case within two working days of receipt of your request.  In addition, the return of the Item shall be at your risk and your expense. You acknowledge and agree that you shall not be able to request the return of any Item or revoke our authority to sell such Item once we have accepted an offer from a Buyer to buy it.
  2. If you fail either (i) to pay when requested the costs of shipping any Item back to you under clauses 15, 16, 17, 25 or 26, or (ii) to collect the relevant Item from our offices, in either case within 3 months of date of the email referred to in clause 15, 16, 17, 25 or 26 (as appropriate), we may donate the Item to a charity of our choice without further notice to you.

 

Sale of Items

  1. Once a Buyer has paid the Price for the Item and all other sums due to us under the Buyers’ Terms and Conditions, we shall release the Item to the Buyer.
  2. Where an Item is returned by a Buyer to us pursuant to either the Consumer Protection (Distance Selling) Regulations 2000 or such returns policy as we may operate for Buyers from time to time, we shall remarket the Item for sale. A buyer from our Retail premises has no right of return.
  3. If the Item was originally sold within 12 weeks of the Start Date, we shall remarket the Item at the Price at which it was last marketed on the Website for the remainder of the 12 week period.
  4. When we sell an Item we shall notify you by email and shall send to you a transaction statement for the commission due in respect of that Item within 28 days after the Item has been shipped to the Buyer./purchased in store.
  5. We shall be entitled to retain 50% of the proceeds of sale of the Item with a selling price of up to and including £299 and 40% of the proceeds of sale of the Item with a selling price of £300 and over by way of commission, and we shall remit the balance of the proceeds of sale to you after the deduction of any applicable charges provided for in these terms, incurred by us in relation to the Item within 28 days after the Item has been shipped to the Buyer.
  6. Unless otherwise agreed in writing, payment of the amount of the proceeds of sale due to you can only be made by bank transfer to such a UK bank account as you shall nominate.

 

Return of unsold Items

  1. At the end of the 12 week period from the Start Date, we will contact you to consider return of any unsold items when you can advise us if:
  • you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or
  • you wish to collect the unsold Item from our Retail Premises at 318 Crow Road; or
  • you wish us to donate the Item to charity (the identity of the charity being our choice).
  1. Should you advise us of your intention to collect the Item, this must be done within normal opening hours within a period of 4 weeks from advising us of your wish to do so. No further communication, either by telephone or email will be initiated by us regarding collection. Failure to collect within the given time period will result in the Item being donated to charity ((the identity of the charity being our choice).

 

Limitation of liability

  1. We shall not be liable:
  • for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise;
  • in relation to the setting of the Price of any Item;
  • for any failure to achieve a sale of any Item; or
  • for any loss or damage arising from any interruption to the operation of the Website for any reason, in each case whether arising from our negligence or otherwise.
  1. To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.
  2. Our aggregate liability to you under these Terms shall be limited to a sum equivalent to:
  • the Marketing Price at which the Item was marketed on the Website immediately prior to the act or omission by us giving rise to a claim by you; or
  • the Provisional Price, if the Item was never marketed on the Website; or
  • the market value of the Item, if we never proposed a Provisional Price for the Item.
  1. The limitations in clauses 36, 37 and 38 shall not apply to limit our liability if and to the extent that we have been guilty of fraud or dishonesty, or in relation to a claim for death or personal injury resulting from our negligence.
  2. We shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control.

 

General

  1. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.
  2. No person other than Isabella’s Wardrobe or a Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
  3. These Terms shall be governed by and interpreted in accordance with Scottish law.

 

 


 

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