TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Welcome to these Terms of use regarding the site LadyLoveLux. These "Agreements" or "Terms ", the Privacy Policy, the Intellectual Property Policy, the Cookies Policy, the Fees Policy, the Returns Policy and any other policies published from time to time on the Site (together, the "Policies") set out the legally binding terms and conditions for your use of the website located at ladylovelux.com and its associated domains (collectively the "Site") and all services provided by LadyLoveLux Limited  ("LadyLoveLux") on the Site.

Please read this Agreement and the Policies carefully before using the Site and the LadyLoveLux services. Please make sure you fully understand the Agreement and the Policies before browsing, selling or purchasing any Products. In the event of any conflict or inconsistency between the terms of any of the Policies and these Terms of Use, these Terms of Use shall prevail.

1.2 By using the Site in any manner, including without limitation visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement and the Policies. This Agreement and the Policies apply to all users of the Site.

1.3 Please read these Terms carefully and make sure that you fully understand them, before ordering any Products. Please note that by ordering any Products in accordance with section 3, you agree to be bound by these Terms and the other documents expressly referred to in them.

 

1.4  We amend these Terms from time to time as set out in section.

1.5  In these Terms:

   1.5.1 “Buyer” means a purchaser of a Product on the website

from LadyLoveLux;

   1.5.2 "Seller" means LadyLoveLux. LadyLoveLux will always represent the “Consignor”.

   1.5.3 “Consignor” means a person who owns the item;
   1.5.4 “Customer Account" means a customer account which

has been opened by you through our website in respect of the Products;

   1.5.5 “Order” means an order for a Product placed on the website;

   1.5.6 “VAT” means Value Added Tax;

   1.5.7 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

   1.5.8 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

   1.5.9 A reference to writing or written includes e-mails.

2. SALE PROCESS

2.1 All users of the website will be asked to register on the website by providing your name, email address, phone number and address and create a username and password. By using our site you hereby agree to our Privacy Policy. Please read our Privacy Policy as stated on our website.

To register on our site is free of charge.

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

2.3 You can use your account to make an offer or purchase the Products or list Products in accordance with the process outlined on our website.

2.4 For Products listed or purchased:

   2.4.1 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;

   2.4.2 an automatic notification email is generated by the website to LadyLoveLux once a Product is sold and another email

is generated when the Product has been paid for (the "Confirmation Email").

   2.4.3 in the event that we are unable to obtain authorisation for payment, we reasonably believe a transaction is fraudulent or the Buyer does not meet the eligibility criteria set out within these Terms, then an Order may be refused;

   2.4.4 we will hold payment until the Buyer marks the item as received or if the tracking confirms receipt with Buyers’ signature. We allow up to14 days for returns from the day the Buyer receives the bought Product or Products. You can see the Returns Policy on each item page.

   2.4.5 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 Silent Seller's nominated account.

3. THE PRODUCTS AND PRICING

3.1 The prices and Products displayed on the website are subject to change and may be changed at any time and without notice to you provided that 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 at the time the offer was made or the bid was placed, as appropriate, except for where the price displayed was incorrect and that pricing error was obvious and unmistakeable. The prices displayed on the website at any moment are only valid at that moment.

3.2 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.

3.3 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 4 below for more information on delivery.

4. SHIPPING OF THE PRODUCTS

4.1 LadyLoveLux ships within the UK and Internationally. Shipping costs will 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.

4.2 LadyLoveLux will contact the Buyer with an estimated delivery date. We will notify the Buyer when the product has been ordered, and when it has been dispatched. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.

4.3 LadyLoveLux ships Product(s) via a service that provides a tracking number and insurance cover and potential loss of the items in transit.

4.4 If a Buyer orders Product(s) 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 the amount. Buyers should check whether they are liable to pay import duties and taxes prior to purchasing any Product(s).

4.5 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.

4.6 Buyers 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 Buyer breach of any applicable law.

4.7 Buyers and Consignors shall be responsible for providing us with up-to-date contact details in the Customer Account. Buyers that have shipped an item are responsible for maintaining records of the shipping information, including any tracking number provided.

4.8 LadyLoveLux shall not be liable for any loss resulting from items lost in transit.

5. RETURN POLICY

5.1 Fashion Retail Limited (“LadyLoveLux”) provides this Returns Policy to explain the Returns Policy in respect of purchases made via our website located at www.ladylovelux.com and its associated domains (collectively the “Site”).

5.2 Items purchased via the Site may be cancelled and returned within fourteen(14) days of delivery date of the Product(s) if the item(s) are refundable according to our Return Policy (Please read the return policy closely before purchasing any items). To cancel an Order, a Buyer is required to let LadyLoveLux know that he/she wishes to cancel/return the purchase via e-mail to

info@ladylovelux.com. Only returns within the UK is permitted.

All items should be returned unworn, in their original packaging and in the same condition you received it within fourteen (14) days of such cancellation directly to LadyLoveLux.

Once LadyLoveLux has received the returned item(s), the Buyers refund(minus handling fee) can be processed the following working day.

5.3 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 LadyLoveLux and agree the method and costs of the return prior to the return.

5.4 LadyLoveLux 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.

5.5 A LadyLoveLux security tag will be attached prior to sending any item sold via the Site to the buyer. These tags are uniquely numbered and cannot be reattached once removed. If you have received an item with such a tag attached, you should not remove

the tag until you are sure you wish to keep the item. Returns will not be accepted on items where security tags have been removed.

5.6 In the case of the sale of shoes, LadyLoveLux attaches security stickers that can be affixed to the sole of shoes. These stickers do not damage the shoe and leave no residue. Once removed, or if the shoes are worn with the sticker still attached, the word "void" will appear on the sticker. Returns of shoes with "voided" security stickers will not be accepted.

5.7 Please note that purchased items from the Site need to be returned directly to LadyLoveLux. The return address is:

LadyLoveLux, 36 Shalstone Road, SW14 7HR, London.

6. RESTRICTIONS ON YOUR USE OF THE PRODUCTS

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

7. RISK AND TITLE

7.1 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).

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

8. PAYMENT AND CHARGES

8.1 We accept payment through; bank transfer, VISA, Mastercard debit and credit cards or PayPal. We do not accept AMEX.

8.2 The charges for the Products are set out in the Confirmation email.

8.3 Payment for the Products and all applicable delivery charges is in advance. We will charge the Buyer's debit card, credit card or Paypal account when the Order is placed.

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9. FAILURE TO PAY THE CHARGES

9.1 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.

10. FEES AND SERVICES

10.1LadyLoveLux may, at its sole discretion, change some or all

of LadyLoveLux's services at any time. In the event LadyLoveLux introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees and

Commissions are quoted in UK Pounds (GBP).

10.2 When an item is sold via the Site, the Buyer makes paymentto LadyLoveLux. LadyLoveLux will retain the sale proceeds for the period until fourteen (14) days after the date the item has been sent to the Buyer. During this period (the "Returns Period") the buyer may choose to return the item(s) in compliance with the Returns Policy. If the Buyer has not indicated they would like to return the item, following completion of the Returns Period, LadyLoveLux will transfer the Sale Proceeds minus the Commission payable and any applicable taxes, to the Consignors

designated account.

11. HOW WE USE YOUR PERSONAL INFORMATION

11.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms, which apply to you.

11.2 Information that we collect from you through the use of location based services shall be collected and stored in accordance with the terms of our Privacy Policy. By accepting these Terms you consent to our use of location-based services.

12. OBLIGATIONS

 12.1 You shall:

      12.1.1 ensure that the information you include in your use of

the website is complete and accurate; and

      12.1.2 ensure that you only purchase or sell Products if you are at least 18 years old

13. TERMINATION

   13.1 We may terminate this Agreement with immediate effect by notice in writing to you if:

   13.1.1 you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or

13.1.2 you are in breach of any term of this Agreement.

14. CONSEQUENCES OF TERMINATION

14.1 Upon termination of this Agreement for any reason you shall:

     14.1.1 immediately pay to us all of our outstanding unpaid invoices and interest;

     14.1.2 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

   14.1.3 sections which expressly or by implication have effect after termination shall continue in full force and effect.

15. EVENTS OUTSIDE OUR CONTROL

15.1 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 is defined below.

15.2 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, 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.

16. NOTICES

16.1 Notices to you

     16.1.1 Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post. 16.1.2 Your address for service of notices shall be your e- mail and/or postal address specified in your Customer Account.

16.2 Notices to us

     16.2.1 Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail.

     16.2.2 Our address for service of notices shall be our address set out in these Terms.

16.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the email was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been recieved by the intended recipient.

16.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated in your Customer Account.

17. ASSIGNMENT AND SUB-CONTRACTING

17.1 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.

.

17.2 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.

18. OTHER IMPORTANT TERMS

18.1 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.

18.2 These Terms are only available in the English language.

18.3 If any of these Terms conflict with any terms of an Order, the Order will take priority.

18.4 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.

18.5 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.

18.6 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.

19. LIMITATION OF LIABILITY

19.1 IN NO EVENT SHALL LADYLOVELUX, AND (AS APPLICABLE) ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSA TORY , CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, LADYLOVELUX 'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NOTWITHST ANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL EXCLUDE LADYLOVELUX’S LIABILITY

FOR CAUSES OF ACTION WHICH MAY NOT BE EXCLUDED BY APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY DUE TO LADYLOVELUX OR ITS REPRESENTATIVES’ NEGLIGENCE.

IF, NOTWITHSTANDING THE PRECEDING PARAGRAPHS, LADYLOVELUX OR ITS REPRESENTATIVES ARE FOUND TO BE LIABLE, LADYLOVELUX'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LADYLOVELUX'S REPRESENTATIVES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY LADYLOVELUX IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) £100.

19.2 LadyLoveLux is in no way liable for any off site transactions, negotiated and completed outside our terms and conditions.

20. AUTHENTICITY

20.1 LadyLoveLux operates a zero tolerance policy in relation to anyone found to be selling counterfeit goods.

20.2 All items are sold via LadyLoveLux services and are checked, photographed,and shipped from our London office.

20.3 All the items are screened by LadyLoveLux Approval team prior to being set live on the platform. Buyers are always encouraged to ask any questions prior to purchase. If you’ve made a purchase and don’t feel confident about the item’s authenticity, you should contact us as soon as possible via info@ladylovelux.com and, in any event, within seven (7) days of receiving the item. A period of 14 days is allowed for a Buyer to contact admin to request a return and refund from the marked postage date.

21. CONFIDENTIALITY

21.1 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.

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