Terms and Conditions
1. Introduction
CoutureCounter.co.uk (“CC”) (registered in the Isle of Man, company number 128916c, headquarters: Mount Auldyn House, Ramsey, IOM) is an online platform for the selling and purchasing of pre-owned branded products, mostly items of clothing, shoes, accessories, jewellery, cosmetics and perfumery, some sports gear and small gifts.
These Terms of use (“the Terms”) together with the Privacy Policy and any other policies published from time to time on the site (“the Policies”) set out the legally binding terms and conditions for your use of the website located at www.couturecounter.com and its associated domains (collectively “the Site”) and all services provided by CoutureCounter. Please read the Terms and the Policies carefully before using the Site and services. In the event of any conflict or inconsistency between the terms of any of the Policies and these Terms, these Terms shall prevail.
By using the Site in any manner, including without limitation visiting or browsing the Site, you (“the User”) agree to be bound by these Terms and the Policies. The Terms and the Policies apply to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site. For the avoidance of doubt the term ‘Users’ shall include both Sellers and Buyers.
Users will be agreeing to the General T&Cs as soon as they browse the Site. If a User does not want to be bound by the General T&Cs, he/she should not access, register, use or list any Products or place any Orders.
2. Registration on the site
2.1. Registration
In order to access the Site’s features, Sellers must create an account using their email address and a password or by using the Facebook Connect feature. All information provided must be true and complete.
Confirmation of the activation of a User’s account will be sent to the User via the indicated email address. The email confirming the account activation will indicate the User’s email address (user ID) and password so that the User can log in to the Site.
There are no charges for opening an account, and no purchase or sale is necessary on the Site. There are no listing fees.
Sellers must be aged 18 or over in order to be able to sell on the platform.
Only the registered User is authorised to use their account using a real name or a nickname for the user ID and the password created when registering with the Site. This information, which is the sole responsibility of the User, is required every time a browsing session is opened and must not be used by a third party.
3. Product sales
3.1. Creating Product Information
3.1.1 Description of the Product Information
Product Information must be provided in English/Italian/Russian (coming later)/Finnish (coming later) or Bulgarian (coming later) for each Product that a User wishes to list for sale.
The Product’s features should ideally cover the product’s condition, measurements, provenance and/or evidence of purchase. We encourage the customers to include where possible a short history of the product, reason for selling it and any other details helpful to a Buyer.
Sellers listing Products that are children’s items, may propose listing such items in a single batch if they are similar or identical in size. Such listings will, when approved by CC will be treated as a single Product listing and their details will appear on one Product Information page.
Products listed for sale will be available for Buyers to order for as long as the Product Information remains published on the Site. A listed Product could be temporarily or permanently removed from the Site by a Seller at any time and the Seller is not obliged to give reasons for that.
The cost of a listed item may be renegotiated at any time.
Sellers promise to post only true and accurate photos of the Product and that they own all rights in the product.
CC reserves the right to reject any photos that it considers to be of substandard quality or photos which do not present the product well. CC bears no responsibility and is not liable for any images uploaded by or on behalf of the Seller.
After the Seller confirms their proposed Product Information and accepts the Conditions of Use, the Product Information is submitted to CC for approval.
Sellers must accept these Conditions of Use in order to validate the creation of the Product Information.
Sellers agree to sell only Products of which they are either the sole owner or, in the case of second hand goods dealers/shops, on behalf of persons who are the sole owners of the Products.
Sellers must ensure they are not infringing any applicable laws and regulations or third-party rights in any way whatsoever by submitting Product Information to CC or listing a Product for sale via the Site.
Sellers promise that the origin, condition and specification of the Products they list on the Site are as described in the Product Information and that the Products listed for sale are not counterfeit.
If requested so by CC, Sellers agree to present the CC team with a Proof of Purchase or Product Purchase Passport (“PPP”) proving the origin, the authenticity or the ownership of the item they list for sale. This could for example take the form of photographs of the item as originally purchased by the Seller alongside the receipt for that purchase.
CC reserves the right to remove a Seller’s Profile Information and/or Product Information if no PPP exists for the product they are listing or if CC has determined that the Product is or may be counterfeit. Users shall have no right to claim compensation in relation to the removal of such information.
Users shall be held solely liable should they list for sale any Product that is banned from sale and/or infringes or otherwise breaches applicable laws or regulations or third-party rights.
Accordingly, Sellers agree not to sell prototypes (clothes or accessories made before being launched for mass production) or uniforms (clothes or accessories intended for the employees of certain brands) or those products from “staff sales” or “press sales” which are not authorised for resale.
Should the listing of any such Products on the Site come to CC’s knowledge, it shall be authorised to remove the relevant Product Information and/or Seller’s Profile Information, and the Seller shall have no right to claim any compensation.
CC may post on social media any Product that it deems appropriate to enlist and promote entirely at its discretion.
3.2. Approval and Posting
3.2.1. Process for approving Product Information, Prices and Commission
CC reserves the absolute right to accept or refuse a Seller’s Product Information before it is posted on the Site.
If the Product Information is accepted, CC will email the Seller a confirmation with the Price and the amount of CC’s Commission included in the Price, such Commission to include the cost of shipping the item to CC for checking and forwarding to the Buyer. The Commission is deducted from the Price of a Product paid for by the Buyer.
CC calculates Commission according to a fixed Commission scale (excluding sales carried out by professional/consignment Sellers and in cases where items are relisted for sale with the approval of CC).
The Commission received by CC shall be calculated in accordance with the following scale:
CC commission
| RATE | LOWER LIMIT | UPPER LIMIT |
|---|---|---|
| €14.00 (fixed fee, inc. tax) | €0.00 | €40.00 |
| 15% (inc. tax) | €40.01 | €250.00 |
| Curated online | ||
| 28% (inc. tax) | €250.01 | €500.00 |
| 25% (inc. tax) | €500.01 | €1,000.00 |
| 22% (inc. tax) | €1,000.01 | €2,000.00 |
| 20% (inc. tax) | €2,000.01 | €3,000.00 |
| 15% (inc. tax) | €3,000.01 | - |
| Curated at the CoutureCounter headquarters | ||
CC will only be entitled to the Commission once the Product has been sold.CC reserves the right to modify the Commission scale at any time. The scale applied shall be the scale in force on the date on which a Product is offered for sale.For items priced above £3000 the commission will be negotiated on an individual basis.
CC may suggest increasing or reducing the Seller’s price in order to make its Price consistent with those of other Products listed on the Site and with the current secondary market. Sellers therefore agree to discuss the amount of the Price in good faith with CC. If the Seller and CC are unable to reach agreement on the Price CC reserves the right to decline or remove the Product listing.
Before a Product is listed for sale on the Site, the Seller will be required to confirm that they agree to the Seller’s price and to CC’s Commission.
No price supplements shall be charged by the Seller to the Buyer for the packaging of a Product.
CC shall use its best efforts to validate and post the Product Information online within a reasonable time.
The Seller may only modify the Product Information, Price and Commission with the prior approval and agreement of CC.
The Seller may reduce the Price of a listed Product by minimum increments of £10 and may not reduce the Product Price to below £40.
The Seller shall enter the new Price for the Product in the section reserved for such purpose. Following CC’s acceptance of the new Price, and the related commission, an email will be sent to the Seller summarising the information and confirming the new Product Price.
When a Seller reduces a Price, CC’s Commission shall also be adjusted accordingly pursuant to the aforementioned scale save that there is a minimum commission of £14 on all listed Products
CC encourages total transparency and clarity throughout the sale process, the Price and the related Commission will be fully disclosed to the Seller. Before a Product is listed for sale or its Price reduced thereafter, the Seller will be required to confirm, on each occasion, their agreement to the Price and CC Commission.
3.4. Product Sales and Paying Sellers
3.4.1. The sale process and sending Products to CC for the quality checks
A Seller whose Product is ordered by a Buyer shall receive an Order notification by email informing the Seller, where appropriate, that the Product must be sent to CC for quality checks.
This will not apply to products offered for sale by Professional Sellers who will provide the item directly to the Buyer or for any items sold for below £250. If an item is sold for £250 or less, then the Seller and Buyer could enter into direct negotiations as to how the product will be dispatched by the Seller and what the Return and Refund terms would be. In case of a dispute between the Buyer and the Seller, Couture Counter could intervene and try and solve the dispute in an amicable fashion but could not be held responsible or liable for any non-conformity of any of the other parties involved.
For further information regarding shipping please refer to Clause 4.2
CC will not be liable to the Seller for any damage to or loss of Products during delivery to CC. CC shall only be liable for any loss or damage of Products following their receipt by CC and where CC is at fault.
If CC does not receive the Product within 10 business days following confirmation of the Product’s availability for sale, CC reserves the right to cancel the listing and sale of the Product and will inform the Buyer accordingly.
The Seller is expected to dispatch thoroughly clean Products. Otherwise, CC may, at its discretion, return the Product to Seller at Seller’s cost or charge the Seller for the reasonable costs of cleaning and/or ironing the Products and may deduct such costs.
Sellers must provide their bank details or PayPal account details to CC. If the Seller opts to receive payments via PayPal, any PayPal charges will be borne by Seller.
3.3. “Make me an offer”
The “Make me an offer” functionality allows Buyers to privately negotiate the Product Price by putting forward an offer to the Seller who can either accept it, refuse it or make a counter offer to the Buyer.
By default, all Sellers are registered to the “Make an offer” functionality, which is automatically activated 10 days after the Product is listed, if the Product has not sold.
The Seller can unregister from this functionality by modifying the settings in the Seller’s account.
No offer lower than 60% of the Product listed Price may be accepted by Seller without CC’s prior approval.
CC’s commission is based on the Product’s final sale price.
The make me an offer Chat facility and all conversations between users can be monitored at all times by CC.
3.5. Agency
In relation to the online agency services provided by CC, the Seller agrees to appoint CC as an agent to do the following:
- once the Price is agreed with the Seller, CC will be authorised to accept the Buyer’s offer of sale on behalf of the Seller;
- to receive, on the Seller’s behalf, the amounts paid by the Buyer in connection with the sale;
- creating in CC books a “proxy” account in the name of the Seller and comprising the Product Price; and
- receiving and then transferring such amounts to the Seller, after deducting the Commission and any other applicable deductions for outstanding sums as described under section 3.5.1 below.
3.5.1. Paying Seller for Products sold on CC’s Site
The amounts received from the Buyer, and from which the following amounts will have been deducted: CC’s commission, the Shipping Costs and any outstanding sums due if applicable e.g. cleaning and ironing charges, will be fully paid to the Seller no sooner than 14 days after the Buyer has received the product.
If, following receipt of the Product by the Buyer, the Product is found to be counterfeit, banned from sale or if there has been a breach of the Seller’s obligations under these Terms CC shall be free to withhold payment to the Seller and may refund such payment to the Buyer. If the payment has already been released to the Seller the Seller shall be liable to immediately refund the payment and to reimburse any Shipping Costs incurred.
CC shall not be liable to pay any interest to Sellers under any circumstances.
If a Seller wishes to be paid by wire transfer, wire transfers will only be made to the bank account designated by the Seller no more than twice a month on two set dates.
Should the Buyer issue a claim or complaint pursuant to these Terms no payment will be made whilst such claim and/or complaint is pending.
If a Buyer fails to pay the amounts due to CC, CC may, at its sole initiative and after providing written notice to the Buyer that it will do so (i) offset any outstanding amounts against any amounts it is supposed to repay to the Buyer , and/or (ii) retain the Products purchased or sold by the Buyer until full payment of the amounts due, and/or (iii) allocate in priority the amounts it receives for a new sale to any outstanding amounts; the Buyer will then be liable for paying the extra amount in order to be able to purchase the new Product he/she wishes to purchase.
3.6. Checking Product conformity
If CC finds during quality checks that the Product does not match or otherwise conform with the Product Information provided by the Seller), CC shall either negotiate with the Seller in order to reduce the Price or cancel the Order and refund the Buyer. In this case, the price reduction or the refund may take the form of a payment to the Buyer’s bank account as provided by them or Paypal account, at the Buyer’s choice.
In the event that the Order is cancelled and the Seller requires the Product to be returned, a fee of £20 incl. taxes will be charged to the Seller by CC for its reasonable handling costs (i.e. irrecoverable costs relating to the shipment of the Product to CC and the shipment of the Product back to the Seller).
3.7. Sale of imported Products on the territory of the EEA
CC reserves the right to request from Sellers who are based outside the territory of the European Economic Area, or who are offering Products located outside such territory, documentary evidence that they have obtained authorisation from the holder of all relevant rights.
In the event, the Seller does not provide CC with such documentary evidence, CC reserve the right to stop any Transaction and to suspend the Sellers’ account
3.8. Listing counterfeit or banned Products
CC Team examines certain Products before dispatching them, and uses its best efforts to combat counterfeiting or the sale of banned Products (e.g. Products infringing applicable laws or regulations or third-party rights; prototypes (clothes or accessories made before being launched for mass production) or uniforms (clothes or accessories intended for the employees of certain brands) which are not authorised for resale).
If, however, a Buyer receives a counterfeit Product or a Product that has been banned from sale, a Buyer must return the Product to CC will arrange for a refund to be provided as soon as possible.
All Sellers promise that the Products they sell are not counterfeit or banned from sale.
Should any counterfeit or banned Products be discovered, CC may immediately withdraw and suspend the Sellers’ account for any period or indefinitely at CC’s discretion.
In addition, if a counterfeit or banned Product is listed on the Site, the Seller of such Product shall assume the risk of such Product being seized by the competent authorities (National Anti-Counterfeiting Committee, police, Customs, etc.) or by the proprietor of the trade mark in question, which reserve the right to retain or destroy it. The Seller shall then be personally responsible for recovering the Product at their own risk and cost.
CC adheres to the “Charter Against Counterfeiting”. Insofar as any provision thereof is in conflict with these provisions, these Terms shall prevail.
In the event of doubt as to the authenticity of a Product, CC reserves the right to request from the Seller any PPP and to suspend the account of the Seller pending receipt of such documents.
3.9 Returns
In the event an Order is cancelled in accordance with our cancellation and return policy and a Seller requests return of the Product, the Seller should inform the CC team accordingly.
Seller will be charged a fee of £25 incl. taxes by CC for its reasonable handling costs and the Seller will be required to refund to CC any amounts he may have received in connection with the sale and the Shipping Costs relating to that Order, if applicable. If a Seller does not make a request to CC for the return of as Products within 6 months of CC’s receipt of it, CC will acquire title to the Products. These Products will, if necessary, be destroyed or given to charity at CC’s discretion and without incurring any liability whatsoever.
3.10. Specific additional terms that apply when the Seller is a Professional Seller
A Professional Seller is a seller who sells Products in the course of a business, regardless of number of products sold in any one period. A Professional Seller is required to indicate their Professional status when setting up their account on the Site.
Professional Sellers shall duly perform their statutory and regulatory obligations in respect of the sale of Products to Buyers that are consumers and in particular shall ensure that:
(a) they do not make a misleading act or omission, which results in the Buyer purchasing a Product that they would not have otherwise have purchased;
(b) they allow Buyers any cooling-off period required by law and any other Buyer remedies (as applicable) and any statutory remedies that Buyers may have under applicable laws and regulations; and
(c) the Products they list for sale on the Site conform with their description provided by the Seller in the Product Information, are of satisfactory quality and fit for any purpose stated by the Professional Seller in that description or for any purpose for which such Products are commonly used and, unless otherwise stated, are free from material defects in design, material and workmanship.
Professional Sellers shall also be responsible for making all necessary declarations to the relevant administrative authorities in order to comply with applicable laws and regulations (in particular as regards their obligation to register their business). CC reserves the right to request Professional Sellers to provide it with documentation confirming their identities and address confirming the identity of Professional Sellers and their contact details and the relevant identity documents for the entire period of an account’s operation and for a period of five years after an account has been closed. However in this respect, CC shall not bear any responsibility in the case where a Professional Seller does not declare itself as such.
Professional Sellers will dispatch all products directly to the Buyer and the responsibility of quality and authenticity control lies entirely with them.
Professional Sellers will also accept any returns directly and refund the Buyers accordingly where necessary.
Professional Sellers must at all times and in all respects comply with all requirements of the laws of any jurisdiction in which they operate and/or to which they are subject. CC reserves the right to market, promote, display and upload any of the products listed on its site for any marketing and advertising purposes it deems suitable. It is entirely up to the moderators of the site to prioritise which products to push and when.
4. Purchasing products
4.1. Placing an Order
4.1.1. Order
Information on the Products shall be provided by the Sellers in their language or in English. CC shall assume no liability in connection with the proposed translation, which is provided for information purposes only.
CC will endeavour to ship anywhere in the world, upon agreement with the Buyer, and will make enquiries prior to confirming the final shipping price and the possible shipment methods.
The Prices of all Products listed for sale on the Site are inclusive of taxes and exclude transportation taxes (and any potential customs charges) which will be charged to the Buyer in addition to the purchase price.
The Product Information page indicates whether the Product that is listed for sale is owned and being sold by a Non-Professional Seller or by a Professional Seller.
Any product sold for £250 or less would not be checked by the Couture Counter team and would be shipped directly by the Seller ( unless requested otherwise) to the Buyer based on an agreement between them which has to be conducted via the messaging system on the CC platform.
The Buyer should accept the Seller’s Terms and Conditions for Return and Refunds.
The payment process would still be conducted via Paypal or a direct transfer into Couture Counter’s bank account and the funds would be held by CC until the Buyer receives the items from the Seller. Buyers have 3 days to alert the Seller and CC with regards to any issues with the item purchased and they have to return the item in accordance with the individual agreement with the respective Seller.
If no issues have been reported the proceeds from the sale transaction will be released into the Seller’s Paypal account after 7 (seven) days less CC’s commission.
In case the Buyer has an issue with the Product, they would have to negotiate with the Seller and keep the CC admin team updated on the outcome of the negotiation.
Please note that couturecounter.co.uk does not accept any liability with regards to individual terms made between our Sellers and Buyers, although we, as a gesture of good will, might try and act as an intermediary in resolving more complicated disputes.
We hope and request that all negotiations will be carried in good tone and with respect towards all the parties involved and all demands will be within the boundaries of reasonable common sense and good practice.
We truly would like to keep our Counter as a positive, honest and stress free venue for all.
Please note furthermore, that an order is an offer by the Buyer to enter into a binding contract with the Seller which CC is free to accept or decline (on the Seller’s behalf) at its absolute discretion.
4.2. “Shipping costs”
Buyers must provide certain mandatory information in order to complete the Transaction. CC shall ship the Order to the Buyer by a carrier it approves (DHL at present). The Buyer is responsible for payment of the shipping costs incurred by CC.
In case there is a good reason to believe that an item has been listed inaccurately ( the item is suspected not to be genuine, authentic or it has been described incorrectly), the return postage to the Couture Counter head offices in the Isle of Man would be covered by the Buyer. Only upon confirmation by the CC team that the item is indeed fake, or not as describes, will the Seller be asked to pay for all the shipping costs incurred by the Buyer.
4.3. Product Unavailability / Refusal of Orders
In the event that any Product ordered by a Buyer is unavailable for any reason whatsoever after confirmation of an Order, CC will promptly contact the Buyer in order to offer a cancellation and a refund where necessary.
If the Buyer chooses to cancel the Order, the amounts paid by the Buyer will be refunded to the Buyer within (14) days. CC reserves the right to refuse an Order from a Buyer with whom a dispute exists regarding the payment of a previous Order or for a Product for which a material error has been made as regards its sale Price.
4.4. Payment
The Price and Shipping Costs shall be paid by the Buyer either:
- by a direct transfer into CC’s account.
- via PayPal, in which case the Buyer and Seller will need a PayPal account. This is an online security procedure and highly recommended in order to avoid online fraud.
If the Buyer however doesn’t have a Paypal account they could still purchase items via our check out which will be hosted by Paypal, without creating a specific Paypal account.
The Buyer will be bound by Paypal’s Term and Conditions which could be viewed on Paypal’s website.
The Seller will need a PayPal account in order to receive the proceeds from any sales. Once the Buyer pays CoutureCounter.com for an item, we hold the funds until Buyer has received the item and is completely satisfied with it (please see the return policy above). After that CC releases the funds into the Seller’s Paypal account by providing the Seller’s email address to Paypal (the email address the Seller has registered with Paypal). Paypal then alerts the Seller that the funds have been credited to the Seller’s credit card by sending them an email.
4.5. Delivery
CC will work hard towards shortening the dispatch times of the products but the date that the Product can be dispatched to the Buyer will depend on when CC receives the Product from the Seller. Therefore, CC can’t commit to a specific delivery date. However, in the case of such sales, the Shipping Date will be no later than 14 days after receipt of the Seller’s Product by CC.
Ownership of Products and Risk: The Products is owned by the Seller until CC collects the full Price of the Order from the Buyer including any taxes, processing and shipment fees. Once the Product has been shipped to the Buyer the Buyer shall thereafter be liable for any damage caused to the Product that is the Buyer’s fault following receipt.
4.6. Cancellation / Complaints / Returns / Refunds
None of the provisions set out in the section below (including any declaration by CC regarding the conformity of a Product with its description or these Terms) shall affect your statutory rights. Users may dispute any such declaration made by CC in accordance with these Terms
4.6.1. Non-receipt and late delivery of Products
If the Buyer does not receive his products within thirty (30) days after the date of his Order, the Buyer will be entitled to cancel his Order even after any applicable cooling off period has expired (if it applies) by sending notice of such cancellation by e mail to CC.
CC will refund the Buyer within fourteen (14) days from the date of receipt of the Buyer’s notice of cancellation.
CC will refund the Price of the Product(s) returned, within fourteen (14) days from the date CC receives the complete Product in its original condition. Any such returns must be made in accordance with Section 4.7.4 below.
Following cancellation, the Buyer may choose to obtain a refund by way of a transfer into their bank account or Paypal account, in each case on the condition that CC does not consider the cancellation/refund request regarding the total or partial non-receipt of an ordered Product to have been made fraudulently. In case of partial cancellation, only the cancelled part of the Order will be refunded.
4.6.2. Products that do not conform with the Product Information
Receipt of Products by CC from the Non-Professional Seller that do not conform with the Product Information
In case CC discovers during quality checks that a Product does not match the Product Information provided by the Seller, then CC shall on behalf of the Buyer negotiate with the Seller in order to reduce the Price or cancel the sale and refund the Buyer, at CC’s option. If the Buyer and Seller agree to a price reduction, the Buyer’s payment card or Paypal account will be credited.
In the case of Products that substantially do not match the Product Information provided or are counterfeit CC shall cancel the sale and refund to the Buyer any monies received from the Buyer and held by CC.
If the Buyer’s Order is cancelled, the Buyer may choose to obtain a total or partial refund, by way of a credit to her bank account or Paypal account.
Receipt of Products by the Buyer that do not conform with the Product Information
For purchases from Professional Sellers: If a Product received by a Buyer does not match its description in the Product Information or breaches these Terms, the Buyer shall be entitled to submit, within 14 days from the date of reception of the Product, a request to CC for refund the product
If a complaint is based on the non-conformity of the Product with the Product Information and/or these Terms, the Buyer shall be required to return the Product in accordance with Section 4.6.4 below.
Professional Sellers should note that if a Product is returned by a Buyer because it does not match its Product Information or breaches their obligations under these Terms and/or statutory obligations, then Professional Sellers may not refuse to provide the Buyer with a refund (including the Shipping Cost of the Order), to repair the Product (if reasonably possible) or, in the case of new Products, to replace the Product, at the Buyer’s option and in each case must do so within a reasonable time.
For purchases from Non-Professional Sellers: If a Product received by a Buyer does not match its description in the Product Information, the Buyer should, for a maximum deadline of 7 days as from the date of receipt of the Product, contact CC who will then contact the Seller on the Buyer’s behalf. CC shall then either negotiate with the Seller to obtain a Price reduction for the Buyer or provide the Buyer with a refund (including the Shipping Cost of the Order), at the Buyer’s option.
A complaint for non-conformity of a Product purchased from a Non-Professional Seller, must be notified to CC by email explaining why the Product does not conform to its Product Information and/or these General T&Cs together with photos substantiating such claims. The Buyer shall be required to return the Product in accordance with Section 4.6.4 below and CC shall inspect the Product to determine whether it conforms to the Product Information and these General T&Cs. The seal must not have been removed.
For purchases from Professional Sellers and Non-Professional Sellers, if a Buyer receives a counterfeit Product or a Product that has been banned from sale, the Buyer must return the Product to be eligible to receive a refund.
CC shall not be liable for the failure by any Professional or Non-Professional Seller (for which it acts as agent or otherwise) in fulfilling that Seller’s obligations under these Terms as applicable, and in particular where a Seller fails to provide a refund or other remedy for any Products returned by the Buyer that do not conform to the description in the Product Information.
4.6.3 Other returns
In all other cases, i.e. when the Buyer purchases its Products from a non-Professional Seller, the Buyer shall not be entitled to a ‘cooling-off period’ as described in the paragraph above. However, as a gesture of good will and within 10 calendar days of receipt of the Item, Buyers who do not wish to keep the Products they have purchased may relist the Products for sale on the Couture Counter platform commission free, i.e. CC will not deduct a Commission if any such relisted items are subsequently sold. CC will however deduct the relevant charges to cover its reasonable shipping, packaging and management costs in respect of items that are resold on the site.
4.6.4. Terms and conditions for returning Products
Returns must be sent to the following address: Couture Counter Limited, Mount Auldyn House, Jurby Road, Ramsey, Isle of Man.
We recommend that Buyers obtain proof of posting for any parcels that they send to CC and that such parcels are sent either by “Recorded Signed For” post or by insured post. CC will not be responsible for any Products that are damaged or lost in transit.
Kindly note that in order to be eligible for any refund Products must be returned in the same condition they were delivered to Buyer. Products which have suffered damage, wear, soiling or any deterioration whilst in the hands of the Buyer, will not be eligible for any refund. In such cases CC reserves the right to return the Product to the Buyer at the Buyer’s cost and to decline any refund.
If a Buyer does not request CC to return their Products within 6-months of CC’s receipt of them, CC will acquire title to any non-refundable or returned Products (as applicable) that are not claimed back. These Products will, if necessary, be destroyed or given to charity if their condition so allows at CC’s discretion.
5. Intellectual property
All text, comments, illustrations and images, in visual or sound format and reproduced on the Site are protected by copyright on a worldwide basis. All total or partial reproductions of the Site are strictly prohibited and shall be considered an infringement of the rights of CC and its licensors.
We respect the intellectual property rights of others, and we prohibit Users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
It is our policy to respond expeditiously to claims of intellectual property infringement and to comply with clear notices of such infringement. To submit a notice of alleged copyright infringement or a counter-notice, please contact us by email.
Content hosted on third party websites accessible from the Site is the responsibility of those websites and not of CC. If you are the copyright owner of content hosted on a third party website, and you have not authorised the use of your content, please contact the administrator of the hosting website to have the content removed.
You agree to compensate us, and our offices, directors, employees, agents and suppliers from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, that we suffer or incur arising out of or connected with any claim by a third party for intellectual property infringement.
6. Privacy
CC respects the privacy of its members. Please refer to the CC Privacy Policy which explains how we collect, use and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to this Privacy Policy.
7. General
Privacy
Except as expressly provided in the Privacy Policy, CC will not sell or disclose your personal data to third parties without your permission
No warranty
CC and its representatives provide the Site and services “as is” and, to the extent permitted by applicable law, all implied warranties (including without limitation warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement) are excluded. In addition, no advice or information (oral or written) obtained by you from CC shall create any warranty.
Liability Limit
In no event shall CC and (as applicable) its representatives be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, CC’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. Notwithstanding the foregoing, nothing in this agreement shall exclude CC’s liability for causes of action which may not be excluded by applicable law, including liability for fraudulent misrepresentation, death or personal injury due to CC or its representative’s negligence
If, notwithstanding the preceding paragraphs, CC or its representatives are found to be liable, CC’s liability and (as applicable) the liability of CC’s representatives to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to CC in the twelve (12) months prior to the action giving rise to liability and (b) £100.
Indemnity
You agree to indemnify and hold CC and (as applicable) CC’s representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any applicable law or the rights of a third party.
8. Severability
If and to the extent that any provision of this Agreement is held unenforceable,. Then such provision will to the extent permitted by applicable law be modified to reflect the parties’ intention. If the provision is not capable of being modified in accordance with applicable law, the provision will be given no effect and will be deemed not to be included in this agreement but all remaining provisions of the agreement shall remain in full force and effect.
9. Changes to CC's services and policies
CC reserves the right to modify or terminate the CC service for any reason, without notice, at any time. CC reserves the right to alter these Terms and the Policies at any time, so please review these Terms and the Policies frequently.
10. Choice of law and jurisdiction
These Terms and any contractual obligations arising out of or in connection with these Terms shall be interpreted and governed by the laws of the Isle of Man. Except as expressly provided otherwise in these Terms, the Manx courts shall have exclusive jurisdiction in relation to all disputes arising out of or in connection with these Terms (including claims for set-off and counterclaims), including disputes arising out of or in connection with (i) the creation, validity, effect, interpretation, performance or non-performance of, or the legal relationships established by, these Terms, and (ii) any non-contractual obligations arising out of or in connection with these Terms.
11. Rights of third parties
A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of its Terms.
12. Entire agreement
These Terms and the documents and policies referred to herein represent the entire understanding relating to the use of the Site and supersede all other statements, representations or warranties (whether written, made electronically or orally) that we may have made previously.
Nothing in these Terms of Use shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently.
Any rights not expressly granted in these Site Terms of Use are reserved by us.
