Terms & Conditions
1. INTRODUCTION
These terms apply to all Users, whether or not you register on the website or create an account, and whether or not you ever buy or sell products.
These Terms, together with our Privacy Policy, tell you the legal terms and conditions on which you may use the site. The Terms of Use and the Privacy Policy are together the “Agreement”.
The terms “us”, “our”, “we” or “E.L.M”, “encorelamode.com” refer to Encore La Mode 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 using the site.
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 encorelamode.com. We are Encore La Mode Ltd, a company registered in the United Kingdom under company number 13980157 and with our registered office and main trading address at 27 Old Gloucester Street, London WC1N 3AX.
If you wish to contact us you can do so by telephoning our customer service team on +44 (0)7788 882443 or by emailing us at support@encorelamode.com.
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;
· 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. YOUR USE OF THE SITE
The content on our Site is for your general information and use only. The content on our Site, including the Terms and Conditions, are subject to change without notice. Please check this page from time to time to take notice of any changes we make to the Terms and Conditions, as they are binding on you from the date they are posted on our Site. These Terms were most recently updated in October 2021.
If you do not agree to the amended Terms and Conditions, you may request the closure of your account. No other amendment to these Terms and Conditions will be effective. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
When using the site, you shall ensure:
· The information you include in your use of the website is complete and accurate; and · You only purchase or sell Products if you are at least 18 years old.
6. AVAILABILITY OF THE SITE
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw or discontinue all or any part of our Site without notice. It shall be your own responsibility to ensure that services or information available through this Site meet your specific requirements.
7. HOW DOES OUR SITE WORK?
encorelamode.com is a platform where members can buy and sell fashion merchandise.
encorelamode.com does not own any of the merchandise offered and sold on our Site. At no stage during any transaction does or will encorelamode.com become contractually involved. Should any of the items displayed on our site and subsequently sold via our Site prove unsatisfactory, Encore La Mode Ltd will not be liable under any circumstances.
We provide a forum for the transaction and do not purport to buy or sell any of the items listed on encorelamode.com.
8. SALES SERVICE
We offer a Sales service to sellers of Items which includes encorelamode.com photographing the item, storing the item prior to sale and delivering the item once the item has been purchased on the Site. A listing fee of £14.00 per item and commission of 10% will apply to the Sales Service.
If a seller wishes to use our selling service, they should contact us at support@encorelamode.com. encorelamode.com will not accept any items sent without prior agreement and acceptance of any Sales Items is at our sole discretion.
9. ELIGIBILITY
To use our services you must be at least 18 years old and have the capacity to enter into a legally binding contract in accordance with applicable laws.
If you are under 18 years old, you can use our Site only in conjunction with and under the supervision of a parent or guardian. If you are under 18 years old you must let your parent or guardian know about our Privacy policy, before you register to use our Site.
If you register as a business entity, you represent that you have the authority to bind such entity to these Terms of Use.
10. REGISTRATION
To use many of the services on our Site, you need to create an account. All information provided by you must be true and complete. You are responsible for all actions taken under your account ID and password and you shall only use our Site with your own account ID and password. You shall not transfer or sell your account ID to any other person.
11. 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 allow 7-14 days for returns.
12. 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 [14] 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.
13. 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.
14. 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.
E.L.M will notify the Buyer when the Product has been dispatched. Occasionally delivery to a Buyer of an Item may be affected by an Event Outside Our Control, please see clause [xx] 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.
15. RIGHT TO CANCEL AND RETURNS
The Buyer may return 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 E.L.M at 32 Hampstead Grove, London, NW3 6SR, UK
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, excluding any shipping costs a Buyer may have paid for the delivery of the Product(s).
Any returned items due to non-payment of duties are refunded, less shipping and a 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 E.L.M.
Buyers should notify US of any 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 us know that they wish to cancel by emailing us at support@encorelamode.com clearly stating their intention to cancel an Order . We will do our best to cancel before the order has been processed; if the order is cancelled after the order has been processed, postage costs will be incurred and deducted from the refund.
We 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.
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.
16. 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.
17. 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.
18. PAYMENT AND CHARGES
We accept payment via [Credit or debit card, PayPal, American Express]
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.
19. 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.
20. AUTHENTICITY OF GOODS:
All items are sold via our Sales Service and are checked, photographed, and shipped from our London offices. All of our items are authenticated, if you believe any item is fake or a replica please contact us at support@encorelamode.com. In the unlikely event that an item is not authentic and is deemed by and expert as fake or replica we will provide a full refund.
21. VIRUSES
We do not guarantee that our Site will be secure or free from bugs or viruses.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any Site linked to it.
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. You must not 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.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
22. LINKING TO OTHER SITES
This Site may include links to other sites and resources provided by third parties. These links are provided for your convenience to provide further information.
They do not signify that we endorse such sites.
We have no responsibility for the content of the linked sites and we will not be liable for any loss or damage that may arise from your use of them.
23. FEEDBACK AND FRAUD
All members are required to act with honesty and integrity. The account of any member not acting in this way may be temporarily or permanently suspended. Likewise, if we suspect that you initiated or have been involved in any fraudulent activity, we have the right to terminate your account and report the matter to the appropriate authorities.
24. HOW WE USE YOUR PERSONAL INFORMATION
We process your personal data as stated in our Privacy Policy. By accepting these Terms you consent to our use of your personal information in accordance with our Privacy Policy.
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.
25. TERMINATION
We may terminate this Agreement with immediate effect by notice in writing to you if you are in breach of any term of this Agreement.
26. CONSEQUENCES OF TERMINATION
Upon termination of this Agreement for any reason:
· You shall immediately pay to us all of our outstanding unpaid invoices and interest;
· 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
· Sections which expressly or by implication have effect after termination shall continue in full force and effect.
27. CONFIDENTIALITY
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. This section 18 shall survive termination of this Agreement.
28. EVENTS OUTSIDE OUR CONTROL
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” 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.
29. ASSIGNMENT AND SUB-CONTRACTING
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.
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.
30. FAIR TRADING
All members must act fairly and in accordance with the Terms and Conditions. Members may not, for example, take any actions that amount to interference, interruption or manipulation of the enclorelamode.com Site or auction system.
Prohibited actions include, but are not limited to, encouraging another member to conclude a transaction outside of our Site, or making bids/purchases using a false Member ID.
31. USE OF SITE PROMOTIONS OR OFFERS
The Site will release promotions and offers from time to time to invite new members or reward existing members. A valid promotion or offer may only be used once and never in conjunction with another promotion or offer, unless otherwise specified.
32. LIMITATION OF LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. enclorelamode.com has no control whatsoever over the quality, legality, or safety of any advertised items or of any other characteristics on which the buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· Use of, or inability to use, our site; or
· Use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
· Loss of profits, sales, business, or revenue;
· Business interruption;
· Loss of anticipated savings;
· Loss of business opportunity, goodwill or reputation; or · Any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions for the sale of goods. Consumers have legal rights in relation to items which are faulty or not as described. These legal rights are not affected by anything in these Terms and Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
33. INDEMNITY
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or your violation of any laws or the rights of a third party.
34. NOTICES
Except as otherwise stated, any notices that you wish to send to encorelamode.com should be made via email or registered mail. Any notices that we may wish to draw to your attention will be displayed on our Site will be sent to the email address registered under your account.
35. GOVERNING LAW AND JURISDICTION
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non- exclusive jurisdiction.
If you are a business, these terms of use, their subject matter and their formation (and any non- contractual disputes or claims) are governed by the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
36. THIRD PARTY RIGHTS
A person who is not party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this agreement but this does not affect any right or remedy of a third party specified in this agreement or which exists or is available apart from that act.
37. ENTIRE AGREEMENT
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
38. OTHER IMPORTANT TERMS
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.
These Terms are only available in the English language.
If any of these Terms conflict with any terms of an Order, the Order will take priority.
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.
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.
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.
If you are a consumer, you have legal rights in relation to the Products. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.