Independent Seller Terms and Conditions

1. INTRODUCTION

These terms apply to Users who use our website to sell products without the Hewi VIP Service.

These Terms together with our Privacy Policy and Terms of Use tell you information about us and the legal terms and conditions on which you are allowed to sell Products. The Independent Seller Terms and Conditions, Privacy Policy and Terms of Website Use are together the "Agreement".

The terms "us", "our" "we" or "hardlyeverwornit.com" refer to Hardly Ever Ltd. The term "you" refers to the user or viewer of our Site. 

Please read these Terms carefully and make sure that you understand them, before listing any Products. Please note that by listing any Products in accordance with section 6, you agree to be bound by these Terms and the other documents expressly referred to in them.

We amend these Terms from time to time. Every time you wish to list Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in October 2021.

2. ABOUT US

We operate the website hardlyeverwornit.com. We are Hardly Ever Ltd, a company registered in the United Kingdom under company number 7002732 and with our registered office and main trading address at 64 North Row London W1K 7DA United Kingdom. Our VAT number is 124 9705 10.

If you wish to contact us you can do so by telephoning our customer service team on [phone] or by emailing us at [e-mail].

3. ABOUT YOU

If you are a consumer then references in these terms and conditions (the "Terms") to "you" are to the individual using our website and listing products ("Products") for private and non-commercial purposes. 

If you are a business, references in these Terms to "you" are to the business that you have the authority to bind in accordance with section [2].

4. GLOSSARY

In these Terms:

• "Buyer" means a purchaser of a Product on the website from a Seller;
• "Account" means a customer account which has been opened by you through our website;
• "Order" means an order for a Product placed on the website;
• "Seller" means the seller of a product, being a business or consumer seller;
• "VAT" means Value Added Tax;
• "VIP Item" means a Product listed for sale by a Seller using the VIP Service;
• "VIP Service" means the service operated by us on the website in relation to VIP Items as further described in the VIP Terms and Conditions;
• a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
• a reference to a party includes its successors or permitted assigns;
• a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
• any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
• a reference to writing or written includes emails.

5. IF YOU ARE AN INDEPENDENT PROFESSIONAL SELLER

This section only applies if you are an independent professional seller. 

The Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.

You acknowledge that in entering into the Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. You and we agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in the Agreement.

Professional sellers are legally obliged to accept returns. Please see [HEWI’S RETURNS POLICY].

6. LISTING PROCESS

Users of the website will be asked to register on the website by providing your email address and creating a password.

You must use all reasonable steps to keep your password confidential, and must inform us if you suspect or discover that your password has become known to someone else.

You shall use your account to list Products in accordance with the process outlined on our website.

7. SALES PROCESS

When a product is purchased:

• We will deduct payment from a Buyer's account when the Buyer submits their payment details on the website and purchases the Product;
• An automatic notification email is generated by the website to the Seller once a Product is sold, which includes the Buyer's address in order for the Seller to arrange delivery;
• In the event that we are unable to obtain authorisation for payment, we reasonably believe a transaction is fraudulent or you do not meet the eligibility criteria set out within these Terms, an Order may be refused;
• We will hold payment to the seller until the buyer marks the item as received or if the tracking confirms receipt with the buyer's signature. We allow 7-14 days for returns.
• Once payment can be processed, we will deduct the applicable commission plus VAT, if applicable, before transferring the balance of the sales proceeds to the Seller's nominated account.
• Where a transaction/sale is cancelled or unfulfilled for no valid reason, Hewi reserves the right to charge sale transaction fees and applicable commissions.

8. THE PRODUCTS AND PRICING

The prices and Products displayed on the website are subject to change and may be changed at any time and without notice to you. The prices displayed on the website at any moment are only valid at that moment.

Prices shown on the website are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, in which case prices shown on the website will be displayed in the relevant currency, however other taxes imposed by the applicable governmental authority may apply, including import duties and taxes.

Recommended retail prices: Please ensure you are able to provide proof of purchase price, should you be asked to provide it. Inflated purchase prices can result in returns due to incorrect listing.

9. USER SUBMITTED CONTENT

Users are responsible for any User Content posted to the site. “User Content” means any content you post to the site, which may include reviews, questions, image uploading, and other such features that allow Users to add content to the site. Hardlyeverwornit.com is not responsible for the personally identifiable or other information you choose to submit as User Content, and we reserve the right to remove any User Content generated by any user at our sole discretion. By posting to the Site, you understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.

If we allow you to upload User Content, you may not: 

• Provide User Content that you do not have the right to submit, unless you have the owner’s permission; this includes images and any other material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right; 
• Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide; 
• Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; 
• Provide User Content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; 
• Impersonate anyone else or lie about your affiliation with another person or entity in your User Content; 
• Use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or 
• Provide User Content which disparage us or our vendors, partners, the Seller, representatives and affiliates.

10. DELIVERY OF THE PRODUCTS

When the Seller posts an item to a buyer, the seller will enter postage tracking information in their Account, which will be shared with the buyer.

If a Buyer orders Products from our website for delivery internationally, the Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

The Buyer will be responsible for payment of any such import duties and taxes.

Sellers must comply with all applicable laws and regulations of the country for which the Products are dispatched and for which they are destined. We will not be liable or responsible for a Seller's breach of any applicable law.

Sellers shall be responsible for providing us with up-to-date contact details in their Account.

11. RIGHT TO CANCEL AND RETURNS

If the Seller is a professional seller, the Buyer may cancel an Order within 14 days of date of receipt of the Product(s). All Products should be returned unworn, in their original packaging and in saleable condition within 14 days of such cancellation directly to the Seller.

The Buyer will be refunded the total amount paid for the Product(s) which are being returned within 14 days of receipt of the returned Product(s) or, if earlier, the day on which the Seller is provided with evidence that the Product has been sent back, including any standard rate shipping costs a Buyer may have paid for the delivery of the Product(s). Any refund of priority, express, premium or courier delivery charges must be arranged directly with the Seller prior to the return.

Any returned items due to non-payment of duties are refunded less postage and a Hewi handling charge of £15.

Unless the Product is faulty or not as described, the Buyer will be required to meet the cost of returning any Product(s). If a Buyer believes the Product is faulty or not as described they must notify the Seller and Hewi and agree the method and costs of the return prior to the return.
To cancel an Order, a Buyer is required to let the Seller and Hewi know they wishes to cancel. 

A Seller may make a deduction from the reimbursement to a Buyer of the diminished value of the goods if the Product(s) are not returned in a saleable condition or if the Products have been worn and/or are not returned in their original packaging.

Please note that due to the nature of jewellery, watches, lingerie, underwear swimwear and hats are non refundable items but may be re-sold for a lower commission within ten days of purchase.

12. DEFECTIVE GOODS

For Product(s) which are defective, a Seller who is a trader, may either offer a Buyer a refund, including the purchase price, original delivery costs and any other costs you may incur in returning the defective Product(s), repair of the defective Product(s) or a replacement Product(s) at no cost to the Buyer.

Consumers have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by any right of return and refund in clause 11 or anything else in these Terms. Advice about legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

13. RESTRICTIONS ON YOUR USE OF THE PRODUCTS

You must be at least 18 years old and legally capable of entering into binding contracts in order to sell any Product(s).

14. RISK AND TITLE

The title to any Product(s) ordered through our website shall transfer to a Buyer upon our receipt of full payment for such Product(s).

Risk in the Products shall remain with the Buyer from the time of delivery.