Buyer Terms and Conditions

1. INTRODUCTION

These terms apply to Users who use the Site to buy products.

These Terms, together with our Privacy Policy and Terms of Use, tell you the legal terms and conditions on which the Products are sold to you. The Buyer Terms and Conditions, Privacy Policy and Terms of 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 you understand them, before ordering any Products. Please note that by ordering any Products in accordance with section 5, 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 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.

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 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 [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. SALE 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 purchase the Products in accordance with the process outlined on our website.

For Products purchased:

• We will deduct payment for the Product from a Buyer's account when the Buyer submits their payment details on the website and purchases the Product;
• 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 then an Order may be refused;
• We will hold payment to the seller until the buyer marks the item as received or shipping tracking confirms receipt with buyers’ signature. 
• We allow 7-14 days for returns. The time frame will vary depending on each seller status and their returns agreement. You can see the returns policy on each item page.

6. 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.

If a Buyer places an order for Products through the website, the price the Buyer will pay for the Product(s) will be the price displayed on the listing, except where the price displayed was incorrect and that pricing error was obvious and unmistakable. 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.

The price of a Product does not include delivery charges or any relevant import duties and taxes. Delivery charges are as shown on the Product detail page. Please see section [6] below for more information on delivery.

Recommended retail prices are approximate and vary depending on year and source of purchase. Please contact the seller of the item, should you wish further clarification on the RRP they have entered.

7. PROMO CODES

Promo code discounts are strictly for use within the specified time. This means payment must be completed before the code deadline.

Shipping costs are NOT included in the purchase amount required.

Specific items may be exempt from discount codes, also on site wide promotions.

Promo codes cannot be used if you wish to pay for an order in instalments.

If a promotional discount applied to your purchase originally, then the same discount will be applied if you return it.

This means that you will only be refunded the amount that you originally paid for your purchase.

HELLO25 PROMO CODE

Extra 10% off site wide capped at £100 discount.

Code HELLO25 isn't valid in conjunction with offers.

Please note that some sellers selected to exclude their items from this promotion.

8. 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 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 any 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.

9. DELIVERY OF THE PRODUCTS

Shipping costs may apply to your Order and additional costs may apply for certain premium delivery services. If these costs apply, they will be displayed prior to payment being taken. Any other charges applicable to an Order will also be displayed prior to payment being taken, excluding import duties and taxes. Any delivery charges displayed do not include any relevant import duties or taxes.

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

For VIP Items we will notify the Buyer when the Product has been dispatched. Occasionally delivery to a Buyer of a VIP Item may be affected by an Event Outside Our Control, please see clause [19] for further details of Events Outside Our Control. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.

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 we have no control over these charges and we cannot predict their amount. Buyers should check whether they are liable to pay import duties and taxes prior to purchasing any Product(s).

The Buyer will be responsible for payment of any such import duties and taxes. Buyers are advised to contact their local customs office for further information before placing an Order.

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

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

For bulky and high value VIP items, shipping costs may be adjusted once the final quote is received from the designated courier.

Please expect some delay in shipping time during sale periods.

All Outlet sale items are final sale.

10. RIGHT TO CANCEL AND RETURNS

If the Seller is a professional seller, or in relation to Products which are held and sold by hardlyeverwornit.com, including VIP Items, the Buyer may cancel an Order within 14 days of date of receipt of the Product(s). All items should be returned unworn, in their original packaging and in saleable condition within 14 days of such cancellation directly to the Seller, or to Hewi in the case of VIP Items and Products purchased through a Celebrity Auction. (Purchases from the GOSH Charity Shop Wear Care sale cannot be returned or refunded.)

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 shipping and a Hewi handling charge of £15.

Please note that, 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 he/she must notify Hewi. 

Buyers should notify Hewi of any ‘Managed by Hewi’ items purchased which are faulty or not as described to arrange their return to us.

To cancel an Order, a Buyer is required to let the Seller and Hewi know that they wish to cancel. Some Sellers may not accept cancellations of Orders, Buyers should familiarise themselves with the Seller's policy before purchasing any Product(s).

In relation to VIP Items, Buyers can e-mail us at [e-mail] clearly stating their intention to cancel an Order

We and/or 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.

Return requests will be charged per item for labour involved plus picking and packing charges. Please discuss the details with your manager. Return period time is dependant on amount of items requested.

For further information on returns, including the process to follow to cancel an Order and return any Product(s) please see our [RETURNS POLICY].

Please note that due to the nature of the items; jewellery, watches, lingerie, swimwear, underwear and hats are non refundable items. Please ask the seller for detailed guidance on size, if required, prior to purchase. These items may be re-sold for a lower commission within ten days of purchase.

OUTLET ITEMS

All outlet items are final sale and can not be returned.

11. DEFECTIVE GOODS

For Product(s) which are defective we, or a Seller who is a trader, may either offer you 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 you.

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 this clause 11 or anything else in these Terms. Advice about legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

12. 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.

13. PAYMENT AND CHARGES

We accept payment via [Credit or debit card, PayPal, American Express and bank transfer]

The charges for the Products are set out in the Confirmation Email.

Payment for the Products and all applicable delivery charges is in advance. We will charge the Buyer's chosen method of payment when the Order is placed.

14. FAILURE TO PAY THE CHARGES

We reserve the right to suspend or close any Customer Account or otherwise restrict access to our website and the Products if you fail to pay any charges due to us by you under this Agreement immediately when such payment becomes due.

15. AUTHENTICITY OF GOODS

Items ‘Managed by Hewi’:

• All items ‘Managed by Hewi are sold via our concierge service and are checked, photographed,and shipped from our London offices.

Items sold by individual sellers:

• All listings are screened by Hewi’s approval team prior to being set live on the platform. Buyers are encouraged to ask any questions prior to purchase, either directly to the seller, or by contacting [e-mail]. All payments for purchased items, are made directly to HEWI. A period of 14 days is allowed for a buyer to contact Hewi to request a return and refund from the marked shipping date.