THE PRE-LOVED CLOTHING SPECIALISTS
Terms and conditions of Expensive Mistakes Dress Agency
Buying in our Shop
Expensive Mistakes is an agency selling pre-loved/ second hand clothes on behalf of their clients. We encourage purchasers to try on and further inspect garments, shoes accessories prior to purchase to ensure they are happy, as once purchased, unless the item can be proven to be “not fit for purpose” we are unable to offer refunds. Please refer to the Sale of Goods Act 1979.
Selling in our Shop
1. Expensive Mistakes Dress Agency (thereafter known as EMDS) will act as your agent to sell your items of clothing or accessories in their premises at 11 Market Street, Ludlow, SY8 1BP or via their online store displayed on their website and Facebook page, or by other online auction sites used at the discretion of EMDS.
2. The commission agreement is that EMDA will retain 50% of the sale price of all items. The balance will be paid at the end of the selling period either by cash, cheque or BACS as agreed.
3. EMDA accepts designer and top-end High street ladies wear, shoes, handbags and accessories and men’s jackets, shirts, coats and shoes. We do not accept underwear or swimwear. All items must be in immaculate, ready to sell, condition, and, unless retro or vintage, no more than two years old They must be clean throughout with no stains or blemishes, or tainted by smoke or other odours. Buttons and zips must be intact and in working order with collars and cuffs in excellent condition.
4. EMDA reserves the right to refuse any item offered for sale. We will provide an itemised receipt with the agreed return date and selling price or at a price decided by EMDA if left to our discretion. This will be deemed as acceptance of our items and conditions.
5. By entering into an agreement with EMDA you warrant that you are the sole owner of the items offered for sale. The authenticity of the items remains the responsibility of the owner. EMDA does not accept stolen or counterfeit goods and you may be asked to provide provenance.
6. GDPR Compliance. Here at EMDA we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us.
7. The items will be displayed for sale in our shop for a period of 12 weeks. Items not sold after 12 weeks must be collected by the client. If Items are not collected within a reasonable time frame of the date shown on the receipt they will be donated to charity. If the Client cannot meet these terms due to ill health, holidays etc. they should contact EMDA and make alternative arrangements.
8. All items left with EMDA remain the property of the client and are left at the client’s own risk. EMDA·does not accept·responsibility for items lost or stolen whilst in its possession. Clients must accept that potential buyers will handle the items and may try them on. EMDA·does not·accept any liability for damage caused whilst the items are in its possession. EMDA is fully covered for fire damage.
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
EMDA specialise in high end pre-owned goods and accordingly we encourage Buyers to carefully review all photographs and the description of the condition of any Item which they are considering buying. We also encourage you to contact us if you have any queries or require more images of an Item before making an offer to buy it, by telephone: +44 1584 877911 or email firstname.lastname@example.org
The stated Price is designed to reflect the fact that the Item is pre-owned, unless otherwise stated, taking into account the condition of the Item and a number of other factors including; the original retail price of the Item, the age and style of the Item and other relevant market factors. The display of Items and prices online does not constitute an offer on our part. No Agreement shall come into existence unless and until we accept your order for an Item.
General terms and conditions
This site is owned and operated by Expensive Mistakes Dress Agency. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at email@example.com or +44 (0)1584 877911.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by EMDA. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out on our website. If applicable all prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
9. Payment terms
We will take payment upon receipt of your order via Paypal. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
10. Delivery charges
Delivery charges vary according to the type of goods ordered.
11.1 Our delivery charges will vary according to the weight of the item and country of destination.
11.2 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
13. Cancellation rights
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us in writing by any durable medium (for example letter sent by post, fax or e-mail).
13.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
13.4 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us via Paypal within 14 calendar days.
13.5 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us via Paypal as soon as possible, but in any event within 14 days.
15.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
15.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
15.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (11 Market Street, Ludlow Shropshire SY8 1BP) and all notices from us to you will be displayed on our website from time to time.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
Expensive Mistakes Dress Agency is committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
• To register you with our website and to administer it.
• For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
• In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
• If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, fax or post. Our phone number is +44 (0)1584 877911, or you can e-mail us on firstname.lastname@example.org.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this happening by checking certain boxes on the forms we use to collect your data.
You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to:
Expensive Mistakes Dress Agency
11 Market Street
To (here the trader’s name, geographical address and, where available, fax number and e-mail address are to be inserted by the trader):
I/We* hereby give you notice that I/We* cancel my/our* contract for the 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)
*Delete as appropriate
11am - 4pm | Monday to Friday
10am - 5pm | Saturday
1st Floor | 11 Market Street | Ludlow | SY8 1BP | 01584 877911 | email@example.com