TERMS & CONDITIONS 

FOR CLOTHES DONORS

 



1.Introduction

These Terms and Conditions (“Terms”) are the terms and conditions which apply to the relationship between individuals that request Fashion for Change Limited to act as their Agent and sell their garments and accessories for benefit of their chosen charity through www.fashionforchange.boutique website. These Terms should be read in conjunction with our Privacy Policy and our Website Terms of Use, which also apply to the relationship between you and Fashion for Change. In submitting a ‘Donation Request Form’ and requesting us to sell Items on your behalf on the www.fashionforchange.boutique website you are indicating 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 frequently to review the current Terms.

2. Definitions

In these Terms the following definitions shall apply:

“Agent” - means a person or company who is authorised to act on behalf of another person as a representative for the sale of their personal Items;

“Agreement” - means any contract entered into between a Clothes Donor and Fashion for Change;

“Buyer” - means the buyer of an Item that is sold through the Website;

“Charity” - means an organisation with registered charitable status; 

“Fashion for Change”, "us", "we" and "our" - means Fashion for Change Limited, a limited company registered in England & Wales (registered number 09084653), whose place of business is at the Studio, Pincot Lane, Pitchcombe, Gloucestershire. GL6 6LY;

“For Sale Price” - means the price at which an Item is marketed on the Website (i.e. an agreed Provisional Price);

“Item” - means any garment or other Item sent by you to us with a view to it being sold via the Website;

“Clothes Donor” or “you” - means the owner of an Item on whose behalf we are selling (and “your” and "yourself" shall be construed accordingly);

“Donation Request Form” - means the form on the Website, containing a description of such Item(s), submitted by a Clothes Donor that requests Fashion for Change to sell an Item for them on their behalf to a charity of choice.

“Start Date” - means the date on which an Item is first marketed on the Website;

“Term” - means the duration an Item is marketed on the Website.  This duration is 12 months from the date the Item is first listed (Start Date);

“Terms” - means these Clothes Donor Terms and Conditions;

"Website" - means our website www.fashionforchange.boutique and all the pages, content and sub-domains contained in it.

3. Eligibility

3.1. The clothes donation service is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

3.2. Fashion for Change may, in its sole discretion, refuse to accept any person or entity for the clothes donation service and can change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.

4. Offering Items for sale

4.1. In submitting a Donation Request Form you are requesting us to act as an Agent and to sell the relevant Item(s) on your behalf. 

4.2. In marketing and/or selling any Item through the Website we are acting solely in our capacity as your Agent. 

4.3. Within 5 working days of you submitting a Donation Request Form, we will contact you by email to: 

4.3.1. confirm whether or not we are willing to provisionally accept the Item for donation and;  

4.3.2. if we are willing to sell the Item (such decision being subject to examination of the Item), we will use our knowledge of designer brands to set the for sale price 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. Based on the items potential value we will decide to sell the item using an auction or buy now format.

4.5. We reserve the right to review and adjust the Sale Price upon receipt of the Item. 

4.6. We may, at our absolute discretion, refuse to accept any Item for donation.

5. Collection / Delivery of Items

5.1. Subject to us provisionally accepting an Item for sale, at your option: 

5.1.1. we shall arrange for our Courier service to collect the Item from your specified collection address. This cost will be covered by us; or 

5.1.2. you may post or courier the Item(s) to us to the following address: Fashion for Change Limited, Pincot Cottages, Pincot Lane, Pitchcombe, Gloucestershire. GL6 6LY. This shall be at your cost. 

5.2. 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. 

5.3. In the event that we 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. 

5.4. By sending the Item to us you do so at your own risk.  We accept no responsibility for Items that are lost, delayed or damaged in transit.   

5.5. When Fashion for Change arrange the collection of an Item via our courier the Item shall remain your responsibility in transit. Any loss or damage or failure for the Item to arrive at our offices shall remain with you the clothes donor.

5.6. 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. 

5.7. By sending an Item to us or by engaging us to collect an Item from you, you are confirming that; 

5.7.1. you are the rightful owner of the Item in question and you have full authority to donate the Item without anyone else’s permission; or 

5.7.2. you have obtained any necessary permission); or   

5.7.3. where you are donating Items on behalf of someone else, you have the owner’s permission to donate the Item in your own name as though the Item were your own; and 

5.7.4. the Item may be lawfully sold to consumers; 

5.7.5. the Item is not stolen or counterfeit; 

5.7.6. the Item conforms to the description outlined in the Clothes Donation Form;  

5.7.7. the Item is in perfect condition, 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; or 

5.7.8.  if the Item has been worn, it has been professionally dry-cleaned. 

5.8. Whilst the Items are held at Fashion for Change we cannot accept responsibility for loss or damage to your Items.  

5.9. We reserve the right to refuse to accept any Item for donation, including where we believe the Item is not legally licensed for sale to consumers in the UK, if we believe it may be counterfeit or stolen or if we believe it is a product which has not been originally put on the market for sale to consumers. 

6. Formation of Agreement

6.1. An Agreement between you and Fashion for Change 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, such Agreement being governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.

7. Acceptance / Rejection of Items

7.1. We shall be entitled, at our absolute discretion, to reject any Item received by us (even if the Item was provisionally accepted by us) for any of the following reasons:

7.1.1. The item is in poor condition due to stains and/or tears

7.1.2.  The item was not approved online 

7.1.3. The item is not a designer garment

7.2 You agree that by sending us your Items we have the right to pass on or discard any item that is rejected by us inline with clause 7.2 above.

8. Marketing Items on the Website

8.1. If we do not reject or return any Item pursuant to clauses 7 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. 

8.2. Items will be marketed on the Website by means of a written description provided by us (and additionally, at your option, a written description provided by you), which shall include the For Sale Price or Initial Auction Price, and at least one photograph. We may amend yours or our written description at any time until the Item is sold. 

8.3. 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. 

8.4. We shall market the Item subject to our standard Buyers’ Terms and Conditions as published on the Website as amended from time to time. 

8.5. Subject to clause 8.4, we shall market the Item at the For Sale Price or Initial Auction Price (or any revised For Sale Price) for at least 6 months from the Start Date. 

8.6. The For Sale Price is an estimate only of the price we think 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 For Sale Price or at all.

8.8. We reserve the right to cease marketing an unsold Item at any time, in which case we shall email you to enquire whether either: 

8.8.1. 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 

8.8.2. you wish us to donate the Item to our local charity shop.

8.9. If after 12 months from the Start Date the Item is not sold, we have the right to donate to our local charity shop without notice.

9. Return of Items to You

9.1. We shall return the Item to you within 14 days of receipt of payment of the costs referred to in clause 8.8.1. 

9.2. Whilst in transit Items are the Clothes Donor's responsibility. 

9.3. When a Clothes Donor receives a returned Item, the Donor has 48hours to contact Fashion for Change if there are any problems with the returned Item. 

10. Sale of Items

10.1. All sales are binding.  

10.2. 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. 

10.3. 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 on the Website.

10.4. If an Item returned inline with the Regulations was originally sold within the Term, we shall remarket the Item on the Website for the remainder of the Term.

11. Donations

11.1. When we sell an Item we donate 100% profits from selling the item to the charity specified on the Donation Request Form.

11.2 Our costs refer to any collection costs, cleaning and/or repair costs. Any related labour costs involved in listing the item(s) and relevant packing costs.

11.3. We shall remit to your chosen Charity, the remainder of the proceeds of sale subject to our costs referred to in clause 11.2

12. Cancellation 

12.1. By sending an Item to us you agree that we should commence performance of our obligations under these Terms on receipt of the Item and consequently you acknowledge that you will not be able to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 once such performance has begun. 

12.2. Once we have listed your item we are no longer able to cancel your item(s) for donation.  

12.3. 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 listed it on our website.

13. Privacy

13.1. Subject to Fashion for Change’s Privacy Policy we will not sell or disclose your personal information to third parties without your explicit consent.

14. No Warranty

14.1. Fashion for Change, officers, directors, employees, and suppliers provide Fashion for Change’s Website and services ‘As Is’ and without any warranty or condition, implied or statutory. Fashion for Change it’s officers, directors, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for particular purpose and non-infringement.  In addition, no advice or information (oral or written) obtained by you from Fashion for Change shall create any warranty.

15. Affiliates

15.1. We offer an affiliates scheme.  If you are an affiliate it is your responsibility to make the relevant disclosures concerning any tax, financial, legal or other obligations you have relating to any monies we may send to you under the affiliates scheme.  We can accept no liability for any failure to comply with your obligations in this regard.

16. Limitation of liability

16.1. We shall not be liable:

16.1.1. for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise;

16.1.2. in relation to the setting of the For Sale Price of any Item;

16.1.3. for any failure to achieve a sale of any Item; or

16.1.4. 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.

16.2. 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.

16.3. Our aggregate liability to you under these Terms shall be limited to a sum equivalent to:

16.3.1. the For Sale 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

16.3.2. the market value of the Item, and

 16.3.4 in all instances shall not exceed the sum of £500 per item.

16.4. The limitations in clauses 16.3, 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.

16.5. 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.

17. Intellectual Property

17.1. You acknowledge and agree that all content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material contained in sponsor advertisements or information presented to you by Fashion for Change, its partners or advertisers, is protected by copyright, trade marks, patents, or other proprietary rights and laws.  

17.2. You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the information contained in this Website.  You may not transmit, distribute, sell or create derivative works of such content or information without express authorisation from us and/or the author of the works.

17.3. The “Fashion for Change” name and associated trademarks and logos appearing on the Website are, unless indicated otherwise, the trademarks of Fashion for Change Limited. 

17.4. All intellectual property rights in and to the Website are expressly reserved to www.fashionforchange.boutique or (as the case may be) the organisation which has licensed Fashion for Change to reproduce the same and accordingly none of the trade marks may be reproduced without the express prior consent of Fashion for Change.

18. General

18.1. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.

18.2. No person other than Fashion for Change or a Clothes Donor shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.

18.3. The privacy of your personal data is important to us and we shall ensure that we comply with all relevant data protection legislation. However the secure transmission of information via the internet can never be guaranteed.  Although we will do our best to protect your personal data, we cannot guarantee the security of information transmitted to and from the Website and any such transmission is at your own risk.  

18.4. Subject to clause 18.3 and our Privacy Policy we shall at all times keep your personal data confidential and we shall not, without your prior consent, disclose your personal data to any third party unless required to do so by law.

18.5. Any notice or other communication required to be given under these Terms by you to us shall be in writing and delivered by recorded delivery to the address set out above.  Any notice sent by email shall only be valid if acknowledged by us in writing.

18.7. Any notice or other communication required to be given under these Terms by us to you shall be in writing and sent by post or by email to your last known address.

18.8. You agree that it is your sole responsibility to maintain correct and current contact details for you including your email address and telephone number.

18.9. 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.

18.10. Unless expressly provided in the Agreement no term of it is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

18.11. Whilst we will try to provide you with uninterrupted access to this Website and its Services, we may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where we have a legal, technical or other good reason to do so (including technical difficulties experienced by us or any Internet infrastructure).  However, we will try, wherever possible, to give reasonable notice of our intention to do so.

18.12. If we fail to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.

18.13. Unless expressly provided in the Agreement no term of it is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

18.14. These Terms and the Agreement are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

19. Survival

19.1. The sections: Introduction, Definitions, Eligibility, Offering Items for sale, Collection / Delivery of Items, Formation of Agreement, Acceptance / Rejection of Items, Marketing Items on the Website, Return of Items to You, Sale of Items, Payment, Cancellation, Privacy, No Warranty, Affiliates, Limitation of Liability, Intellectual Property, General, and Disclosures shall survive any termination or expiration of this Agreement.

20. Disclosure

20.1. The services hereunder are offered by Fashion for Change Limited, located at Pincot Cottages, Pitchcombe, Gloucestershire. GL6 6LY. United Kingdom.

 

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