Terms and Conditions
1 ABOUT THESE TERMS
1.1 These are the legal terms and conditions (“Terms”) on which we sell and supply any of our products (“Products”) listed on our website (“Site”) to you.
1.2 These Terms will apply to any contract between us for the sale of Products to you ("Contract”).
1.3 We operate the Site www.vintagekilosale.co.uk. When you shop with us or access and use our Site, these Terms apply. Please read these Terms carefully before you place an order with us. We recommend that you print a copy of these Terms for future reference.
1.4 These Terms tell you important information such as who we are, how we will supply Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Vintage Kilo Sale Limited, a company registered in England and Wales. Our company registration number is 10519861 and our registered office is at 3.1 Oaktree House 408 Oakwood Lane, Leeds, England, LS8 3LG. Our registered VAT number is 270376209.
2.2 If you wish to contact us for any reason, you can contact us by emailing firstname.lastname@example.org.
2.3 If we have to contact you we will do so by email or by post to the address you provided to us in your order.
3 OUR PRODUCTS
3.1 All Products sold on our Site are second hand items that have been worn and loved by a previous owner. We have a dedicated team that are trained to quality check all items before they are offered for sale on our Site to look out for faults which would make the Products unwearable or unusable by you but as the Product is second hand, they may have minor faults (see clause 3.2 below). We encourage you to wash the Products purchased from our Site and repair any holes, rips, broken stiches, faulty zips or sew on any loose or missing buttons that may be found on the Products once received by you.
3.2 Pease note that the nature of our Products being second hand and sold at a discount means that the standard of quality you can expect from our Products is lower than it would normally be if such Products were sold “as new”. Our Products display varying signs of imperfections in terms of quality, age, bobbling, stains, rips, small holes or wear and tear and may be unwashed and un-ironed which is to be expected for Products of this nature.
3.3 The description of the Products on our Site is limited to the type of item and size, for example a shirt on our Site would be described as “shirt – size medium”. The reason the description is limited in this way is because we would not be able to offer the Products at the discounted price they are sold at if we spent time including detailed descriptions of every Product on the Site.
3.4 Products are not sold “as new” unless expressly specified.
3.5 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
4 USE OF OUR SITE
4.1 Our Site is hosted on Shopify Inc. Shopify Inc. provide us with the online e-commerce platform that allows us to sell our Products to you.
4.2 By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
4.3 You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
4.4 Our Site is made available to you free of charge except that access by you to our early bird sales on our Site is only permitted if you purchase a ticket (see clause 8.3 below). You acknowledge that, from time to time, the Site may be unavailable and that we may suspend, withdraw, discontinue or change all or any part of our Site at any time without notice.
4.5 If you choose, or you are provided with, a login name or password, you must treat such information as confidential and not disclose it to any third party.
4.6 We do not guarantee that our Site will be secure or free from bugs or viruses. 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.
4.7 We may add or remove features from our Site from time to time. We will use reasonable endeavours to inform you of changes to features of the Site,
4.8 You must not use our Site in any unlawful manner, for any unlawful purpose or 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.
4.9 You may link to our Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
5.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
5.2 We have no control over the contents of those sites or resources.
6 INTELLECTUAL PROPERTY
6.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You must not infringe our intellectual property rights or those of any third party in relation to your use of our Site.
8 SETTING UP YOUR ACCOUNT ON OUR SITE
8.1 In order to shop with us, you must create an account with us on our Site. When you register for an account with us on our Site, we will ask you to provide us with your name, your date of birth, email address and delivery address. You will also be asked to choose a password. Once we have verified your email address, you will be notified that your account has been successfully activated.
8.2 You may not create an account with us using an assumed name or someone else’s identity.
8.3 Where you have opted to receive notifications of sales, we will offer you early bird access to our sales on the Site. In order to gain early bird access to our sales, you must purchase a ticket on our Site. The price of the tickets will be as quoted in our correspondence notifying you of the early bird sale or on our Site and you must pay the cost of the ticket prior to entering the sale. Once you have entered the sale on our Site, your ticket price is non-refundable, whether or not you purchase any Products.
9 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
9.1 Our shopping pages on our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us by clicking on the “BUY NOW” button. Please take the time to read and check your order at each page of the order process.
9.2 After you place an order, you will receive an e-mail from us detailing the Products you have ordered and acknowledging that we have received your order. However, please note that this is not an order confirmation and does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 9.3 below.
9.3 Once your Products have been shipped from our warehouse, we will confirm our acceptance of your order by sending you an e-mail that confirms that the Products ordered have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
9.4 Whilst we do try to keep our Site up to date so that it only shows items that are in stock, sometimes items sell out quickly and, when this happens, we will try our best to offer alternatives. Please note that holding items in your basket will only secure stock for the period of time shown next to the item in your basket and once this period of time has expired, the item will be released onto the Site for other users to view and purchase. If you have “liked” a Product but not added this to your basket and completed your order, the Product will not be secured and the stock will not be allocated to you. Once your order has been completed, your stock will be allocated.
9.5 If we are unable to supply you with a Product, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
9.6 Please note, we may not accept your order if: 9.6.1 an item you have ordered is out of stock; 9.6.2 if your card is due to expire within 28 days of your purchase date; 9.6.3 we are unable to obtain authorisation for your payment; or 9.6.4 if we identify a product or pricing error.
9.7 We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
9.8 Your Dispatch Confirmation will include an order number which we have assigned to your order. This should be used if you need to contact us about your order.
9.9 Please check the details of the order acknowledgement email and the Dispatch Confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by emailing us at email@example.com.
10.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an “Event Outside Our Control”. See clause 16 for our responsibilities when this happens.
10.2 All orders requiring next day delivery must be placed by 12 o’clock midday and you will be required to provide your mobile number for the courier to send you SMS updates of your delivery.
10.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
10.4 If no one is available at your address to take delivery of your order, and the order cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges.
11 RIGHT OF RETURN AND REFUND
11.1 You have a legal right to change your mind and cancel a Contract which has been made online which starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
11.2 How long do I have to change my mind? 11.2.1 Your deadline for cancelling the Contract is as follows: 184.108.40.206 If your Contract is for a single Product or for multiple Products delivered on the same day: The end of the cancellation period is the end of 14 days after the day on which you receive the Product. 220.127.116.11 If your Contract is for multiple Products which are delivered on separate days: The end of the cancellation period is the end of 14 days after the day on which you receive the last of the Products ordered.
11.3 To cancel a Contract, you just need to let us know that you have decided to cancel. You may use a copy of the form which is set out at the bottom of these Terms. You can also e-mail us at firstname.lastname@example.org.
11.4 Subject to clause 11.8.3 below, if you decide to cancel your Contract after the Products have been despatched to you or delivered to you, you must return the Products to us unworn in their original condition and in the original packaging (if any), without undue delay and in any event, we ask no later than 14 days after the day on which you let us know that you want to cancel the Contract.
11.5 Please complete the returns form sent to you with your Products stating the reason for return.
11.6 Unless the Products are faulty or are not as described (taking into account the fact the Products are second hand and may have minor faults), you will be responsible for the delivery cost of returning the Products.
11.7 We cannot be held responsible for any returned Products that are lost in delivery to us, so please always obtain a ‘proof of postage’.
11.8 On receipt of your returned Products, we shall: 11.8.1 refund you the price you paid for the Products less (if applicable) a reduction in price to reflect any reduction in the value of the goods that has been caused by your handling them in a way which would not be permitted for example in a shop; 11.8.2 refund you the cost of our delivery based on the least expensive delivery option. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and 11.8.3 make any refunds due to you as soon as possible and in any event within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.
11.9 If you have returned the Products to us under this clause 11 because they are faulty or not as described (taking into account the Products are second hand and may have minor faults), we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
11.10 We will refund you on the method of payment used by you to pay.
12 PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 Subject to the remainder of this clause, the prices of the Products will be as quoted on our Site at the time you submit your order.
12.2 Prices for our Products are determined by the weight of the Product(s) purchased. We weigh our Products using approved scales to government standards and guidelines.
12.3 While we try to make sure that all weights, sizes and measurements of the Products set out on the Site are as accurate as possible, there may be a small tolerance of up to 2% in respect of such weights, sizes and measurements.
12.4 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.5 The price of a Product is always quoted in Pounds Sterling and includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.6 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.7 It is always possible that, despite our best efforts, some of the Products on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that: 12.7.1 where the Product's correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and 12.7.2 if the Product's correct price is higher than the price stated on our Site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If you have already paid for the Product we shall refund the full amount within 30 days of the date of your order.
13 HOW TO PAY
13.1 You can only pay for Products and tickets for entry to our early bird sales using a debit card, credit card, Shop Pay, Apple Pay, Google Pay or PayPal. We accept the following credit cards and debit cards: VISA AMEX MasterCard Maestro
13.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card, credit card account until we dispatch your order.
13.3 Your online purchases are processed using appropriate methods of internet security technology.
14 SUMMARY OF YOUR LEGAL RIGHTS
14.1 We are under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these Terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
15 OUR LIABILITY
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
15.2 We do not in any way exclude or limit our liability for: 15.2.1 death or personal injury caused by our negligence; 15.2.2 fraud or fraudulent misrepresentation; 15.2.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); 15.2.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); 15.2.5 defective products under the Consumer Protection Act 1987; and 15.2.6 any breach of your rights in relation to the Products under the Consumer Rights Act 2015.
16 EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 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, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: 16.3.1 we will contact you as soon as reasonably possible to notify you; and 16.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17 ALTERNATIVE DISPUTE RESOLUTION
Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr. For more details, please visit the website on the ‘Your Europe’ portal: ec.europa.eu/consumers/odr.
18 OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.3 If we fail to insist that you perform any of your obligations under these Terms, 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.
18.4 These Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
If you wish to withdraw from the Contract, please copy and paste the form below, complete the details and return the form either by registered post to or by email to email@example.com. (Complete and return this form only if you wish to withdraw from the contract) To: Vintage Kilo Sale Limited I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate © Crown copyright 2013.