terms and conditions.
TERMS & CONDITIONS
These terms and conditions create a contract between you and worn. (the "Agreement"). This Agreement applies when you choose to sell goods through worn. Please ensure that you read this Agreement carefully and that you understand its contents.
This Agreement was last updated in April 2021. Please ensure that you check for any new versions of this Agreement from time to time, as they will supersede the older versions. If any significant changes are made to the Agreement, we will notify you in advance of them coming into effect.
We, Officially Worn. LLP are a company which sells luxury designer items in store and online. worn. is a company incorporated in England and Wales with registered number OC426791 whose registered address is Flat 4, 506 Fulham Road, London SW6 5NJ.
We will sell the items that you have sent to us or that we have collected from you on a consignment basis (the “Item(s)”). Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
This Agreement comes into effect at the point that you first send worn. the Item.
- OWNERSHIP, RESPONSIBILITY AND DISPOSAL OF THE ITEMS
worn. accepts your Items on a consignment only basis. That means you are responsible for all risk of loss or damage to the Items until worn. takes physical possession of them. Notwithstanding, worn. is not responsible for any Items lost, stolen, damaged or destroyed while an Item is being posted, couriered or otherwise in transit. If an Item is damaged, stolen or lost while in worn.’s physical possession, it will be treated as Sold and worn. will pay you the relevant Commission on that Item. worn. is not responsible for loss or damage to Items once they are no longer in worn.’s physical possession.
Because worn. is selling your Item on a consignment only basis, this means that you, not worn., will still own the Items, even after you transfer physical possession of the Item to worn..
You will continue to own and have title to each Item until that item is “Sold” or “Donated”.
An Item will be considered Sold when:
(a) it is sold by worn. to a customer of worn. and that Item is not returned to worn. within the period specified in worn.’s Return Policy; or
(b) it is lost, stolen, damaged, or destroyed while in the physical possession of worn.
An Item will be Donated where worn. has physical possession of an Item or Items, but you have not responded to any contact from worn. for at least 21 days in relation to your Item(s) (after worn. has made reasonable attempts to contact you). At this point, worn. may donate the Item(s) to a charity of its choice. worn. is not liable for any losses you may suffer as a result of this donation and does not have to compensate you for the cost of the Item(s).
- ITEM ACCEPTANCE CONDITIONS
After worn. receives or picks up any Item from you, worn. will send you an email confirming receipt of the Item.
Once worn. has confirmed receipt of the Item in accordance with this Section 3, worn. will evaluate each Item to determine, in its sole discretion, the quality and value of the Item, as well as whether the Item is authentic, namely that the Item is designer and is not counterfeit or stolen (“Authentic”). We will charge £50 for this evaluation to determine whether an Item is Authentic, unless you can provide paperwork which provides, to worn.’s satisfaction, that an Item is Authentic.
Once the Item has been evaluated, inspected and authenticated, worn. will send you email confirmation that the Item has been accepted for consignment (an “Accepted Item”), with suggested prices in accordance with Section 6. Please be aware that the condition of the Item at the time it is received by worn. will affect the valuation.
worn. only accepts Items for consignment that: (a) worn. determines in its sole discretion to be in very good to excellent condition; (b) worn. determines to be Authentic; and (c) for which the representations and warranties you make in Section 11 below are true and accurate.
If worn. considers that any Item does that does not meet the above requirements, worn. will not accept that Item (an “Unaccepted Item”). worn. will notify you by email that the Unaccepted Item has not been accepted and offer you the following options regarding the Unaccepted Item. Either: (a) worn. will return the Unaccepted Item to you at your sole risk and expense; or (2) with your approval, worn. will donate your Unaccepted Item to a charity of its or your choice.
If you do not notify worn. within 7 days of your choice between options (a) and (b) above, worn. may donate any Unaccepted Item to a charity of its choice.
- UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS
You are responsible for ensuring that the Items are Authentic. If worn. cannot confirm that an Item is Authentic, worn. may, in its sole discretion, refuse to accept the Item.
If worn. considers at any time that an Item is counterfeit or stolen, worn. shall notify you of its concerns and request that you provide worn. with proof of purchase or some other proof of authenticity.
You acknowledge and understand that worn. must act in accordance with all applicable laws and regulations, notably in relation to the sale of counterfeit or stolen items. If worn. becomes aware that you have provided it with counterfeit or stolen Items, you are advised that worn. takes such reports seriously and will co-operate with law enforcement in all investigations.
- RETURN OF ITEMS
The "Consignment Period" for each Item begins on the date worn. accepts the Item for consignment in accordance with Section 3 and ends three calendar months from that date. At any time during the Consignment Period, and subject to this provision, you may request in writing that worn. return the Item (a "Return Request"), so long as the Item has not already been Sold. Once worn. receives your Return Request, it will use reasonable efforts to remove the Item from officially.worn.co.uk (the "Site") and from any worn. retail store locations before it is Sold. Please be aware that Items are returned at your sole risk and worn. will charge you the costs of returning the Item.
- SALE AND PRICE
As long as you are in compliance with this Agreement, worn. will display your Item on the Site and at one of the worn. retail locations and will make reasonable efforts to sell the Item.
You acknowledge and agree that:
(a) worn. will suggest the initial selling price to you for each Item, subject to section 6 (c) below. The price that an Item is first offered to worn.’s customers for is the "Initial Sale Price".
(b) In order to market and promote the sale of your Item, worn. may apply a discount to the Initial Sale Price. If the discount to the sale price is greater than 10%, worn. will request your permission before implementing said discount, subject to section 6 (c) below.
(c) If you do not respond to worn. with an acceptance or rejection of a sale price or discount proposed by worn. for the sale of your Item within 5 days of worn. informing you of that proposed sale price or discount, then worn. may proceed to sell the item at the proposed sale price or with the proposed discount.
If an Item is not Sold after being on sale for three months (the “Unsold Item”), worn. will review the Initial Sale Price with you and may agree a lower price. If you do not want to sell the Unsold Item at a lower price, worn. will contact you and offer you the following options. Either: (1) worn. will return the Unsold Item to you at your sole risk and expense; or (2) with your approval, worn. will donate your Unsold Item to a charity of its or your choice. If you do not notify worn. within 7 days of your choice between options (1) and (2) above, worn. may donate any Unsold Item to a charity of its choice.
- COMMISSIONS AND PAYMENT
(a) Commission. worn. takes a fixed commission of 35% of the price the Item is Sold for, unless otherwise agreed. You will receive the remaining 65%, unless otherwise agreed.
(b) Payments. worn. will send you a breakdown of sales at the end of each month (the “Monthly Report”). You will receive payment from worn. for any Items Sold within that month within 7 days of you receiving the Monthly report. worn. will make payment to you via bank transfer to a bank account that you notified to worn. for that purpose. worn. is not responsible for you giving incorrect bank account details. You must inform worn. of any changes to your account details.
Subject to Section 5, you may terminate this Agreement in writing at any time. Termination will be effective on the date of such notice and the costs listed under Section 5 will apply.
worn. may terminate this Agreement in writing at any time if you fail to comply with any of your obligations, representations or warranties under this Agreement. Termination will be effective on the date of such notice.
- NO ASSIGNMENT OR OTHER TRANSFER OF RIGHTS
You may not assign or otherwise transfer your rights under this Agreement or any interest you have in it to another person or company without the prior written consent of worn.. worn. may transfer its rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
- LIMITATION OF LIABILITY
worn.’s consignment and other services (the “Services”) are provided on an “as is” and “as available” basis. If we fail to comply with the terms of this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of the effective date of this Agreement, both we and you knew it might happen. We are not liable for any losses which are not caused by our breaking this Agreement or our failing to use reasonable care and skill. We are not liable for any losses caused by a third party.
With the exception of those liabilities set out in the paragraph below, our total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to £300.
worn. does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes, without limitation, liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
You hereby represent and warrant that (a) you have good and marketable title to each Item and have the right to consign and sell the Item; (b) the Item is not subject to any liens or other encumbrances; (c) the Item does not include counterfeit or stolen goods; and (d) the Item does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, or any applicable laws, statutes and regulations.
You hereby indemnify worn. against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all and other reasonable professional costs and expenses) suffered or incurred by worn. arising out of or in connection with any claim made against worn. for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the display or sale of the Item.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- AMENDMENTS TO THIS AGREEMENT
worn. may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 14 days’ notice, by notifying you in accordance with Section 17, below.
Please be aware that revised terms in accordance with this Section 13 (the “Revised Terms”) will not apply to Accepted Items prior to the date you were notified that this Agreement was revised (the “Effective Date”). You shall be bound by all Revised Terms from and including the effective date, including any changes to the Commissions.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and worn. regarding the subject matter hereof, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to the subject matter. This Agreement may be modified only in writing and signed by you and worn.
- NO IMPLIED WAIVER
Any failure by you or worn. to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision of this Agreement.
If any term of this Agreement is found by any court to be void or otherwise unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the remainder of this Agreement.
If you have any questions or comments about this Agreement, the Site or the Services or wish to terminate this Agreement in accordance with Section 8, please contact worn. by email at firstname.lastname@example.org.
worn. shall provide all notices to you at the telephone number, email address or postal address that you have provided in using the Services. You are solely responsible for keeping this information up to date.
You hereby agree that all agreements, notices, disclosures, and other communications that worn. provides electronically to you satisfy any legal requirement that such communications be in writing, which includes email.
- THIRD PARTY RIGHTS
Subject to Section 9, this Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to terminate this Agreement or make any changes to its terms.
- LAW AND JURISDICTION
The terms of this Agreement are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
20. CONTACT DETAILS
Should you require any further information, or want to discuss the above policy, please get in touch with us by emailing email@example.com or by calling us on