Terms of consignment.

These terms and conditions create a contract between you and worn. (the "Agreement"). Please read this Agreement carefully. You must agree to this Agreement if you wish to consign goods through worn. Once you agree to this agreement, it will remain in effect until you or worn. terminates it. 

 

1. OVERVIEW

worn. sells luxury designer items in store and online. You would like worn. to sell the items that you have sent to us or that we have collected from you on a consignment basis. This means that you, not worn., will still own the Property, even after you transfer physical possession of the Property. After worn. receives or picks up Property from you, worn. will send you an email in accordance with "Notices" at Section 19 below confirming the items of Property received. Once the items have been evaluated, inspected, and authenticated suggested prices will be sent, which need to be confirmed in writing. Please note that all prices are determined at worn.’s discretion unless previously agreed in writing. Accepted items will then be processed and listed as available for sale in store and online, at worn.’s sole discretion. 

 

2. DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE

worn. accepts the Property from you on a consignment basis only. You are responsible for all risk of loss or damage to the Property until worn. takes physical possession of it. If an item of Property is damaged, stolen, or lost while in worn.’s possession, it will be treated as Sold (defined in "Title to Property" at Section 7 below) and worn. will pay you a Commission (defined in "Commissions and Payment" at Section 8 below) on that item.

 

3. PROPERTY ACCEPTANCE CONDITIONS

 

Upon receipt, worn. will evaluate each item of Property to determine, in its sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation. worn. only Accepts Property for consignment: (a) that worn. determines in its sole discretion to be in very good to excellent condition; (b) that worn. Determines to be authentic; and (c) for which the representations and warranties you make in the "Your Representations, Warranties, and Indemnification" section below are true. Property that does not meet the above requirements will not be accepted and will be either (1) returned to you at your expense or (2) with your approval, worn. will donate your items to a charity of its or your choice (see "Unauthenticated Items" at Section 4 below and "Consignment Period and Return of Property" at Section 5 below for more information).

 

4. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS

You are responsible for ensuring the authenticity of all Property you provide to us. If worn.  cannot confirm the authenticity of any item of Property you have provided, it shall have the right in its sole discretion to refuse to accept the item. If worn. determines at any time that an item of Property is counterfeit, worn.shall notify you that it has made such a determination and you will have an opportunity to provide proof of purchase/other proof of authenticity. You acknowledge and understand that worn. is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. worn. takes such reports seriously and will co-operate with law enforcement in all investigations.

 

5. CONSIGNMENT PERIOD AND RETURN OF PROPERTY

The "Consignment Period" for each item of Property begins on the date worn. accepts the item for consignment. 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 commercially reasonable efforts to remove the item from officially.worn.co.uk (the "Site") and from any of our retail store locations, before it is sold. worn. will charge you the costs of return. If an item remains unsold at the end of the Consignment Period, worn. will contact you and: (i) return the item to you or (ii) donate the item to charity. Items will be reviewed every month to determine whether they will be likely to sell or not. If at the end of the Consignment Period worn. is unable after using commercially reasonable efforts to contact you at the email or telephone number it has on file for you in accordance with the "Notices" at Section 19 below, the item may be donated to a charity of worn.’s choice.

 

6. EFFORTS TO SELL; PRICE

So long as you comply with this Agreement, worn. will display on the Site and at one of our retail locations, and will make commercially reasonable efforts to sell the Property. You acknowledge and agree that:

(a) worn. in its sole discretion will determine the initial selling price for each item of Property (the "Initial Sale Price") based on its evaluation of that item, together with its determination of the current market price for that item;

(b) In order to market and promote the sale of each item, worn. may apply a discount to the item, which will affect the item’s Sale Price. This will be confirmed with the Client beforehand if it is greater than 10%.

 

7. TITLE TO PROPERTY

You will continue to own and have title to each item of Property until that item is "Sold". An item will be considered Sold when:

(a) it is sold by worn. to a customer and not returned to worn. within the period specified in worn.’s Return Policy; or

(b) it is lost, stolen, damaged, or destroyed while in worn. possession.

 

8. COMMISSIONS AND PAYMENT

(a) Commission. worn. takes a fixed commission of 30%, which means the client will receive the balance of 70%.

(b) Payments. worn. will send through a breakdown of sales at the end of each month. Payment for the items sold will be made within 14 days via bank transfer. You must inform  worn. of any changes to your account details.

 

9. TERMINATION

You and worn. may each terminate this Agreement in writing at any time. Termination will be effective on the date of such notice and the costs listed under "Consignment Period and Return of Property" in Section 5, will apply.

 

10. NO ASSIGNMENT

You may not assign this Agreement or any interest you have in it without worn. prior written consent. Any prohibited assignment is null and void.

 

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF worn.’s SERVICES IS AT YOUR SOLE RISK. worn.’s CONSIGNMENT AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. worn.  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 

worn. MAKES NO WARRANTY THAT (A) worn.’s SERVICES WILL MEET YOUR REQUIREMENTS OR (B) worn.’s SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM worn. OR THROUGH OR FROM THE SITE OR worn.’s SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

12. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to consign and sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include counterfeit goods; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation. You hereby indemnify and hold worn. harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by worn. as a result of or arising in any way out of worn.’s display or sale of the Property, including but not limited to, civil or criminal suits over authenticity or ownership of Property, legality of sales, or copyright or trademark infringement.

 

13. 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, including as set forth above in "Commissions and Payment" at Section 8 above, and by notifying you in accordance with "Notices" at Section 19, below.

Revised terms will not apply to Property already Accepted for consignment prior to the effective date of those revised terms. You shall be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless you terminate this Agreement before the effective date of the revised terms. If you do not agree to any revised terms, your sole recourse is to terminate this Agreement in accordance with "Termination" at Section 9 above before the effective date of the revised terms.

 

14. ENTIRE AGREEMENT

This Agreement sets forth the final, complete, and exclusive agreement between you and worn. regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter. Except as set forth in "Commissions and Payment" at Section 8 and "Amendments to this Agreement" at Section 13 above, this Agreement may be modified only by a writing signed by you and worn.

 

15. 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.

 

16. SEVERABILITY

If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.

 

17. NOTICES

If you have any questions or comments about this Agreement, the Site or worn.’s services or wish to terminate this Agreement, please contact worn. by email at shopping@officiallyworn.com 

worn. shall provide all notices to you at the telephone number, email address or physical address that you have provided. You are solely responsible for keeping that 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.

 

18. DISPUTE RESOLUTION

Informal Dispute Resolution. Except for any controversy or claim relating to or arising from your representations, warranties, and indemnity obligations set forth in "Your Representations, Warranties and Indemnification" at Section 12 above, you worn. agree that, with respect to any matters, disputes, or claims arising from or related to this Agreement or your relationship with worn., you and worn. shall negotiate in good faith to informally resolve the problem or dispute. If the problem or dispute is not resolved satisfactorily within 60 days after you or worn. receives notice from the other party in accordance with "Notices" at Section 17 above, you or worn. can submit the dispute to binding arbitration in accordance with the arbitration provisions below.

 

Terms of sale

These terms & conditions apply to the use of and orders placed on the worn. website. By placing an order with worn. you will be deemed to have read, understood and agreed to these terms and conditions.

Every care has been taken to ensure that descriptions, measurements, colours and prices are correct. Please note that there may be some variation in the colour of goods shown on the website due to the limitations of photographic and web processes and we cannot be held responsible for any variations in colour that may arise caused by your browser or computer software.

Orders can be processed directly though this web site. worn. processes card payments securely via a third party payment system called iZettle. All transactions are processed using a secure server. worn. does not hold any customer card details and we will never pass your details on to anyone.

All items are offered subject to availability at time of ordering. However, should an item be out of stock we will notify you immediately. worn. will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems, failures or sub-contactor transport or network access, flood, fire, explosion or accident.

Upon placement of an order the customer will receive an email receipt as confirmation of the purchase. This email receipt is not the same as a contract. worn. reserves the right to cancel orders at any time due to insufficient stock, an inability to authorize a payment, suspicion of fraudulent intent, discovery of an incorrectly priced item, or any other reason deemed appropriate. As such, worn. reserves the right to decline or cancel any orders that fit within these perameters. If the purchase has already been charged to the customer’s credit card, worn. will issue a refund to the account in the same amount as the incorrect price. worn. reserves the right to change any of the information found on this site and the services and products described therein at anytime and without notice.

 

PAYMENT

PayPal and all major credit/debit cards accepted. Personal cheques and money orders will not be accepted.