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SELLER'S TERMS AND CONDITIONS

Introduction

1. These Terms and Conditions (“Terms”) are the terms and conditions which apply to the relationship between sellers or potential sellers of garments and other goods through the Website and Covetique. They should be read in conjunction with our Website Terms of Use and our Privacy Policy which also apply to the relationship between you and Covetique. By sending garments to Covetique and requesting us to sell them on the Website you are indicating your acceptance to be bound by these Terms to the exclusion of any other terms and conditions. The Terms may be modified from time to time by updating this page. You should visit this page frequently to review the current Terms.

Definitions

2. In these Terms the following definitions shall apply: “Agreement” means any contract entered into between a Seller and Covetique;
“Buyer” means the buyer of an Item which is sold through the Website;
“Covetique”, "us", "we" and "our" means Covetique Limited, a limited company registered in England & Wales (registered number 7491491) whose place of business is at Greater London House, 180 Hampstead Road, London, NW1 1FB ;
“Item” means any garment or other item sent by you to us with a view to it being sold via the Website;
“Marketing Price” means the price at which an Item is marketed on the Website (i.e. an agreed Provisional Price);
“Provisional Price” means the provisional price at which an Item is proposed to be marketed on the Website determined in accordance with clause 6;
“Seller” or “you” means the person named in the registration page as the owner of an Item on whose behalf we are selling (and “your” shall be construed accordingly);
“Sell Now Form” means the online form submitted by a Seller wishing to sell an Item which contains a description of such Item;
“Start Date” means the date on which an Item is first marketed on the Website;
“Terms” means these Seller's Terms and Conditions; and
"Website" means our website www.covetique.com.

 

Offering Items for sale

3. In submitting a Sell Now Form you are requesting us to sell the relevant Item on your behalf.

4. In marketing and/or selling any Item through the Website we are acting solely in our capacity as your agent.

5. Within 5 working days of you submitting a Sell Now Form, we will contact you by email (i) to confirm whether or not we are willing to provisionally accept the Item for sale and (ii) if we are willing to sell the Item (such decision being subject to examination of the Item), the proposed Provisional Price of the Item. If we do not receive any objection from you in relation to the Provisional Price prior to sending to us or arranging collection of the relevant Item, you shall be deemed to agree to the Provisional Price.

6. The Provisional Price is a provisional estimated selling price only, which shall be determined with reference to all relevant factors including, without limitation, the original retail price of the Item, the age, style and condition of the Item and other relevant market factors. Unless you have informed us otherwise in the Sell Now Form, in setting the Provisional Price we shall assume that the Item is in perfect condition. We reserve the right to review and adjust the Provisional Price upon receipt of the Item in accordance with clause 17 below.

7. We may, at our absolute discretion, refuse to accept any Item for sale.

Collection / Delivery of Items

8. Subject to us provisionally accepting an Item for sale and agreeing a Provisional Price for an Item, at your option:

  1. we shall provide you with details of our courier service, with whom you can arrange for collection of the Item from a UK mailing address. This cost will be covered by us; or
  2. you may post the item to us via Royal Mail to the following address: Covetique/ASOS, Greater London House, 180 Hampstead Road, London, NW1 1FB. This shall be at your cost.

9. Whether sent by courier or via Royal Mail, it is your responsibility to ensure that the Item is carefully and securely packaged so that it reaches us in good condition, and you shall ensure that any reference number provided by us in relation to the Item is clearly marked on the outside of the parcel.

10. In the event that you arrange for collection of an Item it is your responsibility to ensure that the Item is available for collection on the agreed day. If our courier is unable to collect an Item because there is no one available at the agreed collection address, or you have provided an incorrect or incomplete collection address, we reserve the right to make a reasonable charge for any repeat collection trip.

11. An Agreement between you and us for Covetique to sell an Item on your behalf as your agent comes into existence at the moment an Item is received by us or collected by our courier, such Agreement being governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.

12. Risk in Items passes to Covetique upon receipt by us at Covetique offices. If you require Items sent by post to be insured against loss, damage or delay during transit, then it is your responsibility to arrange and pay for such insurance. When posting the item to us we strongly recommend you obtain proof of postage.

13. By sending an Item to us you are confirming that:

  1. either (i) you are the rightful owner of the Item in question and you have full authority to sell the Item without anyone else’s permission (or that you have obtained any necessary permission); or (ii) where you are selling Items on behalf of someone else, you have the owner’s permission to sell the Item in your own name as though the Item were your own;
  2. the Item may be lawfully sold to consumers in the UK;
  3. the Item is not stolen or counterfeit;
  4. the Item conforms to the description in the Sell Now Form;
  5. unless you have accurately informed us of any damage or wear to the Item and we have agreed to accept the Item subject to such damage or wear, the Item is in perfect condition; and
  6. if the Item has been worn, it has been professionally dry-cleaned.

Acceptance / Rejection of Items

14. Within 7 days of receipt of an Item we shall examine it and confirm to you by email whether or not we accept the Item for sale on the Website. If we accept an Item for sale, unless we notify you that we consider the Provisional Price is too high or too low in accordance with clause 17, the Marketing Price shall be the same as the Provisional Price.

15. We shall be entitled, at our absolute discretion, to reject any Item received by us for any reason (even if the Item was provisionally accepted by us), in which event we shall email you to enquire whether either:

  1. you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or
  2. you wish us to donate the Item to charity (the identity of the charity being our choice).

16. If we receive an item which is soiled and/or in need of repair, we shall email you and may, subject to your consent, arrange to have the Item cleaned and/or repaired at your expense and at your risk. If you do not consent to the Item being cleaned and/or repaired or you do not agree to any proposed cleaning or repair charge, we shall return the Item to you at your expense.

17. If having examined the Item we consider that the Provisional Price is too high or too low, we shall send you an email notifying you of a revised price (the proposed Marketing Price). If you object to the revised price by email within 48 hours of when our email was sent, we shall return the Item to you at your expense within 14 days. If we do not receive any objections from you within the 48 hour period referred to above you shall be deemed to agree that we may market the Item at the proposed Marketing Price.

Marketing Items on the Website

18. If we do not reject or return any Item pursuant to clauses 15, 16 or 17 above, we shall have the sole and exclusive right to act as your agent to sell the Item on these Terms and you shall not, during the term of the Agreement, try to sell the Item yourself or appoint any other person or company to sell the Item for you.

19. Items will be marketed on the Website by means of a written description provided by us (and additionally, at your option, a written description provided by you), which shall include the Marketing Price, and at least one photograph. We may amend your or our written description at any time until the Item is sold.

20. Copyright in our written description of the Item and the photograph(s) of it, and in any other marketing/promotional material we produce in relation to the Item shall belong to us. You shall not reproduce, nor permit anyone else to reproduce, such written description, photograph(s) or marketing/promotional material without our prior written consent.

21. We shall market the Item subject to our standard Buyers’ Terms and Conditions as published on the Website as amended from time to time.

22. Subject to clause 25, we shall market the Item at the Marketing Price (or any revised Marketing Price determined under clause 24) for at least 16 weeks from the Start Date.

23. The Marketing Price is an estimate only of the price we think the Item might reasonably fetch having examined the Item, bearing in mind its condition. We do not make any representation or give any assurance that the Item will be sold at the Marketing Price or at all.

24. If after 16 weeks from the Start Date the Item is not sold, we may contact you to discuss reducing the Marketing Price in order to sell the Item. Covetique retains the right to reduce the marketing price of the unsold item by up to 30% after the initial 16 week period.

25. We reserve the right to cease marketing an unsold Item at any time, in which case we shall email you to enquire whether either:

  1. you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or
  2. you wish us to donate the Item to charity (the identity of the charity being our choice).

26. You may request us by email to cease marketing an Item at any time before we have accepted an offer from a Buyer to purchase it, and return it to you. However, if you do request us to cease marketing a Item within 16 weeks from the Start Date we will charge you an administration fee of £10 per item. We shall cease marketing the Item, and it shall be withdrawn from the Website in each case within two working days of receipt of your request.  In addition, the return of the Item shall be at your risk and your expense. You acknowledge and agree that you shall not be able to request the return of any Item or revoke our authority to sell such Item once we have accepted an offer from a Buyer to buy it.

27. If you fail either (i) to pay when requested the costs of shipping any Item back to you under clauses 15, 16, 17, 25 or 26, or (ii) to provide us with a UK return address or to collect the relevant Item from our offices, in any case within 3 months of date of the email referred to in clause 15, 16, 17, 25 or 26 (as appropriate), we may donate the Item to a charity of our choice without further notice to you.

Sale of Items

28. Once a Buyer has paid the Price for the Item and all other sums due to us under the Buyers’ Terms and Conditions, we shall release the Item to the Buyer.

29. Where an Item is returned by a Buyer to us pursuant to either the Consumer Protection (Distance Selling) Regulations 2000 or such returns policy as we may operate for Buyers from time to time, we shall remarket the Item for sale on the Website.

30. If the Item was originally sold within 16 weeks of the Start Date, we shall remarket the Item at the Price at which it was last marketed on the Website for a further 16 week period.

31. When we sell an Item we shall notify you by email and shall send to you a transaction statement for the commission due in respect of that Item within 28 days after the Item has been shipped to the Buyer.

32. We shall be entitled to retain 37.5% of the proceeds of sale of the Item (exclusive of VAT) by way of commission, and we shall remit the balance of the proceeds of sale to you less any VAT and other applicable charges provided for in these terms, incurred by us in relation to the Item within 28 days after the Item has been shipped to the Buyer. A reduced commisison of 30% (exclusive of VAT) is offered for over 20 items listed. 

33. Unless otherwise agreed in writing, we shall pay the amount of the proceeds of sale due to you by bank transfer to such a UK bank account as you shall nominate.

Limitation of liability

34. We shall not be liable:

  1. for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise;
  2. in relation to the setting of the Price of any Item;
  3. for any failure to achieve a sale of any Item; or
  4. for any loss or damage arising from any interruption to the operation of the Website for any reason, in each case whether arising from our negligence or otherwise.

35. To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.

36. Our aggregate liability to you under these Terms shall be limited to a sum equivalent to:

  1. the Marketing Price at which the Item was marketed on the Website immediately prior to the act or omission by us giving rise to a claim by you; or
  2. the Provisional Price, if the Item was never marketed on the Website; or
  3. the market value of the Item, if we never proposed a Provisional Price for the Item.

37. The limitations in clauses 34, 35 and 36 shall not apply to limit our liability if and to the extent that we have been guilty of fraud or dishonesty, or in relation to a claim for death or personal injury resulting from our negligence.

38. We shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control.

General

39. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.

40. No person other than Covetique or a Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.

41. These Terms shall be governed by interpreted in accordance with English law.