These terms apply to all Users, whether or not you register on the website or create an account, and whether or not you ever buy or sell products.
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 you understand them, before using the site.
We amend these Terms from time to time. Every time you wish to order 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.
- 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 54 Welbeck Street, London, W1G 9XS. Our VAT number is 124 9705 10.
If you wish to contact us you can do so by telephoning our customer service team on +44 020 7487 2679 or by emailing us at email@example.com.
- 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 purchasing the products detailed on our website ("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 .
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.
- YOUR USE OF THE SITE
The content on our Site is for your general information and use only. The content on our Site, including the Terms and Conditions, are subject to change without notice. Please check this page from time to time to take notice of any changes we make to the Terms and Conditions, as they are binding on you from the date they are posted on our Site. These Terms were most recently updated in October 2021.
If you do not agree to the amended Terms and Conditions, you may request the closure of your account. No other amendment to these Terms and Conditions will be effective. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
When using the site, you shall ensure:
- The information you include in your use of the website is complete and accurate; and
- You only purchase or sell Products if you are at least 18 years old.
- AVAILABILITY OF THE SITE
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw or discontinue all or any part of our Site without notice. It shall be your own responsibility to ensure that services or information available through this Site meet your specific requirements.
- HOW DOES OUR SITE WORK?
hardlyeverwornit.com is a platform where members can buy and sell fashion merchandise.
hardlyeverwornit.com does not own any of the merchandise offered and sold on our Site. At no stage during any transaction does or will hardlyeverwornit.com become contractually involved. Should any of the items displayed on our site and subsequently sold via our Site prove unsatisfactory, Hardly Ever Ltd will not be liable under any circumstances.
We provide a forum for the transaction and do not purport to buy or sell any of the items listed on hardlyeverwornit.com.
- VIP SERVICE
We offer a VIP service to sellers of VIP Items which includes hardlyeverwornit.com photographing the item, storing the item prior to sale and delivering the item once the item has been purchased on the Site. An increased commission of 35% plus VAT will apply to the VIP Service.
If a seller wishes to use our VIP selling service, they should contact us at firstname.lastname@example.org. hardlyeverwornit.com will not accept any items sent without prior agreement and acceptance of any VIP Items is at our sole discretion.
To use our services you must be at least 18 years old and have the capacity to enter into a legally binding contract in accordance with applicable laws.
To use many of the services on our Site, you need to create an account. All information provided by you must be true and complete. You are responsible for all actions taken under your account ID and password and you shall only use our Site with your own account ID and password. You shall not transfer or sell your account ID to any other person.
- AUTHENTICITY OF MEMBERS
hardlyeverwornit.com cannot guarantee the true member identity and does not provide or make any identity verification checks.
- USER SUBMITTED CONTENT
If you supply or upload any content to our Site, including images of products you are selling, you may not provide content that you do not have the right to submit, unless you have the owner’s permission.
The content you supply must comply with the following rules:
- It must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
- It must not harass or bully another person;
- It must be true and honest so far as you know;
- It must not be defamatory of anyone;
- It must not use the material or content or infringe the rights or privacy of anyone else
- It must not contain someone else's personal details or confidential information relating to other people; and
- It must not promote or condone terrorism, violence or illegal behaviour.
We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that we think contravenes these rules and suspend or terminate your account and access to the Site.
We do not guarantee that our Site will be secure or free from bugs or viruses.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any Site linked to it.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- LINKING TO OTHER SITES
This Site may include links to other sites and resources provided by third parties.
These links are provided for your convenience to provide further information.
They do not signify that we endorse such sites.
We have no responsibility for the content of the linked sites and we will not be liable for any loss or damage that may arise from your use of them.
- FEEDBACK AND FRAUD
All members are required to act with honesty and integrity. The account of any member not acting in this way may be temporarily or permanently suspended. Likewise, if we suspect that you initiated or have been involved in any fraudulent activity, we have the right to terminate your account and report the matter to the appropriate authorities.
- HOW WE USE YOUR PERSONAL INFORMATION
We may terminate this Agreement with immediate effect by notice in writing to you if you are in breach of any term of this Agreement.
- CONSEQUENCES OF TERMINATION
Upon termination of this Agreement for any reason:
- You shall immediately pay to us all of our outstanding unpaid invoices and interest;
- The accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
- Sections which expressly or by implication have effect after termination shall continue in full force and effect.
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 18 shall survive termination of this Agreement.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
- ASSIGNMENT AND SUB-CONTRACTING
We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under this Agreement to any third party or agent.
You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.
- FAIR TRADING
All members must act fairly and in accordance with the Terms and Conditions. Members may not, for example, take any actions that amount to interference, interruption or manipulation of the hardlyeverwornit.com Site or auction system.
Prohibited actions include, but are not limited to, encouraging another member to conclude a transaction outside of our Site, or making bids/purchases using a false Member ID.
- USE OF SITE PROMOTIONS OR OFFERS
The Site will release promotions and offers from time to time to invite new members or reward existing members. A valid promotion or offer may only be used once and never in conjunction with another promotion or offer, unless otherwise specified.
- LIMITATION OF LIABILITY
- Use of, or inability to use, our site; or
- Use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions for the sale of goods. Consumers have legal rights in relation to items which are faulty or not as described. These legal rights are not affected by anything in these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or your violation of any laws or the rights of a third party.
Except as otherwise stated, any notices that you wish to send to hardlyeverwornit.com should be made via email or registered mail. Any notices that we may wish to draw to your attention will be displayed on our Site will be sent to the email address registered under your account.
- GOVERNING LAW AND JURISDICTION
- THIRD PARTY RIGHTS
A person who is not party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this agreement but this does not affect any right or remedy of a third party specified in this agreement or which exists or is available apart from that act.
- ENTIRE AGREEMENT
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
- OTHER IMPORTANT TERMS
All intellectual property rights in or arising out of or in connection with the Products shall, as between you and us, be owned by us.
These Terms are only available in the English language.
If any of these Terms conflict with any terms of an Order, the Order will take priority.
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, you have legal rights in relation to the Products. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.