Pre-loved & New Luxury Fashion
TERMS AND CONDITIONS FOR BUYERS
These are the terms and conditions on which we (My Boudoir Ltd) supply the items listed on our website www.myboudoir.co.uk. By ordering any items, you agree to be bound by these terms and conditions. Please click on the button marked “I Accept” at the end of these Terms if you accept them. Please understand that if you refuse to accept our terms, you will not be able to order any products from our site.
1. INFORMATION ABOUT US
www.myboudoir.co.uk is a website operated by My Boudoir Limited. We are registered in England and Wales under company number 08411623. Our registered office is 22 Wycombe End, Beaconsfield, Bucks HP9 1NB. VAT number: GB 765 346 017
2. HOW THE CONTRACT IS FORMED
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy an item. All orders are subject to acceptance, and we will confirm such acceptance to you by sending you an email that confirms that the item has been dispatched. The contract will only be formed when you receive the dispatch confirmation.
3. OUR STATUS
Please note that we accept orders as agents on behalf of third party sellers and not as the principal, subject to these terms. You acknowledge therefore that we act as an agent for an unnamed principal.
4. CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel an order at any time within seven working days, beginning on the day after you received the items. In this case, you will receive a full refund of the price paid for the items in accordance with our refund policy (see below). To cancel an item, you must inform us by email. You return the unused item(s) to us immediately, in the same condition in which you received it/them and in the same packaging, and at your own cost and risk. You must send them by courier or other form of secure and insured carriage. You have a legal obligation to take reasonable care of the item(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
We aim to dispatch orders within 24 hours (not including weekends) by Royal Mail. It is your responsibility to rearrange delivery with the courier if you are unavailable at no additional cost to us.
6. RISK AND TITLE
Once you have confirmed receipt of delivery by means of a signature then the responsibility of your purchased goods is then passed to you. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges.
7. PRICE AND PAYMENT
The price of any items will be as quoted on our site from time to time, except in cases of obvious error. Our prices include VAT, if applicable, but exclude delivery costs, which will be added to the total amount due. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation. We accept all major credit cards and PayPal. We will not dispatch any orders unless payment has been authorised.
8. REFUNDS POLICY
When you return an item to My Boudoir: (a) because you have cancelled the contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the item only and not the cost of sending the item to you. You will be responsible for the cost of returning the item to us unused and in the same condition as you received it and in its original packaging with the My Boudoir tags and stickers still attached. We must receive your return within 7 working days of the return being accepted. (b) for any other reason (for instance, because you claim that the item is defective), we will examine the returned item and, where you have a valid claim, will notify you of your refund via e-mail within a reasonable period of time, usually within 30 days. ©We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective item. Items returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. (d) We will usually refund any money received from you using the same method originally used by you to pay for your purchase
9. OUR LIABILITY
As the items are usually pre-owned, all are sold on an ‘as seen’ basis, based upon the descriptions and images appearing on our website. You acknowledge, however, that such items may show signs of wear and usage, as is typical of pre-owned items. We do take every reasonable step to verify authenticity of items, but if they are later found to be counterfeit or ‘fake’ items we will refund the purchase price to you. We shall use all reasonable efforts to provide descriptions on our website of any flaws, stains or damage affecting any items, to the extent that they are reasonably apparent upon our inspection. Our liability for losses you suffer as a result of this agreement is strictly limited to the purchase price of the items you purchased. This does not include or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 9.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10. IMPORT DUTY
If you order items from our website for delivery outside the UK, postage/shipping costs are extra (unless we have agreed otherwise in writing). The items may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the My Boudoir website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to My Boudoir Ltd at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. ENTIRE AGREEMENT
These terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a representation shall be for breach of contract as provided in these terms. Nothing in this clause shall limit or exclude any liability for fraud.
16. OUR RIGHT TO CHANGE OUR TERMS
My Boudoir has the right to revise and amend these terms from time to time. You will be subject to the policies and terms in force at the time that you order any items, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the items).
TERMS AND CONDITIONS FOR SELLERS
Thank you for deciding to sell your items via our website www.myboudoir.co.uk. My Boudoir is the trading name of My Boudoir Limited of 19 West Street, Marlow, Bucks SL7 2LS. As you are aware, www.myboudoir.co.uk is an online agency for pre-loved (second-hand) fashion items and accessories. We are only prepared to sell authentic designer brands that are in new, nearly new, excellent or very good condition. The following sets out the terms of the arrangement between us relating to the items and other materials you may provide to us. By selling/consigning your items with us, you agree to be bound by these terms and conditions. If you do not agree with them, do not consign with us or send us your items or other materials. By selling/consigning with us and sending us your items or any materials promoting such goods you are deemed to have accepted these Terms.
1. PRODUCTS INFORMATION
All items to be offered for sale via our website are subject to approval by us. As part of this approval process you are required to let us have certain information about you and the item for sale. The required personal information includes your full name, address and contact details, accurate and complete details of condition of the item, age, materials, original purchase price (including proof of purchase, certificates of authenticity and original packaging, wherever possible), your required sale price and any other information we specify. You will also be required to confirm that you own the item(s) and have the right to sell them. Upon receipt of your item we will manually inspect each product to assess condition, authenticity and any undeclared damage which may affect our original guide price. If we recommend a revised guide price we will notify you by email within 3 working days of receipt of your items. You should notify us in writing within a further 3 working days whether the revised guide price is acceptable to you or whether you wish us to return the items to you at your cost. Should we deem (in our absolute discretion) at any time that any items are counterfeit copies or otherwise of doubtful authenticity or ownership, we shall withdraw the item from the website and/or return the item to you within a reasonable period, subject to you first reimbursing the costs of carriage. We cannot accept liability for loss, damage or theft, therefore any items you consign with us are done so at your own risk.
2. DATA PROTECTION
3. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
4. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude: (a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. (b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: © Loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and (d) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
5. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
6. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.
If you have any items that you would like us to sell on your behalf, or you would simply like further information, then please telephone or email Mary on:
01628 477477 • email@example.com