Terms and Conditions

Last updated: August 2023

Welcome to Reluxe Fashion Ltd. We operate the website www.reluxefashion.com and are a UK limited company, registered in England under company number 13041763. Our registered address is 119 The Hub, 300 Kensal Road, London, W10 5BE. This page and its related documents set out the terms on which you may use this website and other services provided by Reluxe Fashion Ltd. By using any of our Services (even just browsing through our website), you are agreeing to comply with all of the terms and conditions that apply to you.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

• Account means a unique account created for You to access our Service or parts of our Service.
• Country refers to: United Kingdom
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Reluxe Fashion Ltd, 119 The Hub 300 Kensal Road London W10 5BE.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Goods refer to the items offered for sale on the Service.
• Orders mean a request by You to purchase Goods from Us.
• Service refers to the Website.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Website refers to Reluxe, accessible from www.reluxefashion.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Buyer means a purchaser of a product on the website.
• Seller means the seller of a product, being a business or individual.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Selling with the Company

We will sell the items that You have sent to us or that we have collected from You on a consignment basis . That means You are responsible for all risk of loss or damage to the Items until We take physical possession of them.

Title To Property

You will continue to own and have title to each item of Consigned Property until that item is “Sold” or "donated" until the end of the Consignment Period. An item will be considered Sold at the earlier of when:

 

(i) We sell it to a customer and the Consigned Property is not returned to Us within the period specified in Our then-current Return Policy (see www.reluxefashion.com/content/returns) which may be updated, modified and changed from time to time)

(ii) It is lost, stolen, damaged, or destroyed while in the physical possession of the Company

An Item will be Donated where We have had physical possession of an Item or Items, but you have not responded to any contact from Us for at least 29 days in relation to your Item(s) (after We have made reasonable attempts to contact you). At this point, We may donate the Item(s) to a charity of Our choice. We are not liable for any losses you may suffer as a result of this donation and do not have to compensate you for the cost of the Item(s).

Once your pieces have been photographed and uploaded to our website they will remain with us for the duration of the consignment period. If you wish to take your pieces back early, you will need to arrange collection and will be charged £15 per item.

 

Item acceptance conditions

After We have received or collected any Item(s) from you, We will send you an email confirming receipt of the Goods. Upon receipt of an item of Consigned Property, We will evaluate it to determine, in Our sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation and pricing.

We only accept Consigned Property that We think is appropriate for resale on the Service. We reserve the right to accept or reject an item for any reason, but generally to be accepted, the Consigned Property must be at a minimum (in Our sole discretion): (1) in fair to pristine condition; (2) listed in Our current Designer Directory at the time of evaluation for items currently being accepted); (3) authentic (which means, among other things, that the item is not counterfeit, fake, stolen or subject to any geographic sale restrictions, such as in the case of gray market goods);

You are responsible for ensuring that the Items are authentic. If We cannot confirm that an Item is authentic, We may, in Our sole discretion, refuse to accept the Item. If We consider at any time that an Item is counterfeit or stolen, We shall notify You of our concerns and request that You provide The Company with proof of purchase or some other proof of authenticity. You acknowledge and understand that the Company must act in accordance with all applicable laws and regulations, notably in relation to the sale of counterfeit or stolen items. If We become aware that You have provided it with counterfeit or stolen Items, You are advised that We take such reports seriously and will co-operate with law enforcement in all investigations.

Any items received that We have not agreed to, or that are damaged, stained or dirty will not be accepted and must be collected at Your own cost. If We decide to reject an item, We will return the item to You at Our expense.

Once the Item has been evaluated, inspected and authenticated, We will send you email confirmation that the Item has been accepted for consignment with suggested prices. Please be aware that the condition of the Item at the time it is received by Us will affect the valuation.

Sale and Price

As long as You are in full compliance with this Agreement, We will display on the Service , and will make commercially reasonable efforts to sell the Consigned Property.

Unless We have agreed in writing to a specific price at which a specific item must be Sold, We, in our sole discretion will determine the List Price for each item of consigned property based on Our evaluation of that item, together with Our determination of the current re-sale market price for that item. The original manufacturer suggested retail price of an item, while sometimes listed on the item product description page on Our website, is used as a reference only.

The Current Market Value shown in our pricing documents will be used to calculate the RRP or 'list price' of the Consigned Property when it appears on Our Service. When listing on Our Service, We reserve the right to add up to 25% of the Current Market Value to cover local taxes and transaction fees. Please note that this is a legal requirement. These costs will be covered by the Buyer and your earnings will not be affected.

Selling via third parties

If Reluxe chooses to market any of your pieces on one of our partner/third party retail sites - for a higher price than we initially agreed- the seller will receive the original payout as confirmed on their item listing PDF.

Discounting Consigned Property

In order to market and promote the sale of each item of Consigned Property, We may in our sole discretion apply a 20% discount to each item of Consigned Property after 30 days of listing on the Service. This will affect the List Price and subsequently the payment You receive. This will be actioned unless We have otherwise agreed in writing that such a discount is not permitted, or if We have agreed that a discount is permitted only with Your prior written consent.

If the item has still not sold with a 20% discount, we will contact you to request your approval to reduce the price by another 20%. Again this will affect the List Price and subsequently the payment You receive. The item will be merchandised in our sale category.

Consignment Period And Return Of Property

Subject to termination of this Agreement pursuant to the “Consignment Period” for each item of Consigned Property begins on the date an item is Accepted by Us for Consignment and ends 365 days thereafter, even if this Agreement has been terminated during that time by You or Reluxe. At any time during the Consignment Period, and subject to this provision, You may request in writing that We return any Accepted Item (a “Return Request”), so long as the Accepted Item has not already been Sold. Once We receive Your Return Request, We will use commercially reasonable efforts to remove the Accepted Item from the Service, and before it is Sold.

If Your Return Request is made any time prior to the end of the Consignment Period, We will return the Accepted Item to You and will charge You the costs of return and such costs will be deducted from Your pending Commissions (if available). If You do not have enough pending Commissions available to cover the Costs (as defined below in this Section), We will not return the item to You unless and until You pay for the costs of return prior to shipment.

Commissions and payment

See details of our standard commission rates on our seller payments page. The company will take the standard commission from the Current Market Value of each item, unless otherwise agreed. You will receive the remaining amount unless otherwise agreed.

We will reconcile all items sold each month and pay You, the Seller, for the items ‘completed’ by the 15th of the next calendar month. Any items completing after that date will be paid the following month.

For example:

Item sells on 01 November - Item completes on 16 November - Seller paid mid December

Item sells 28 November - Item completes on 13 December - Seller paid mid December

We will make payment to you via bank transfer to a bank account that you notified to Us. For that purpose, We are not responsible for you giving incorrect bank account details. You must inform Us of any changes to your account details.

Termination

You may terminate this Agreement in writing at any time. Termination will be effective on the date of such notice and associated costs may apply. The company may terminate this Agreement in writing at any time if you fail to comply with any of your obligations, representations or warranties under this Agreement. Termination will be effective on the date of such notice.

No assignment or transfer of rights

You may not assign or otherwise transfer your rights under this Agreement or any interest you have in it to another person or company without the prior written consent of the Company. We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

You will not have any right to cancel an Order for the supply of any of the following Goods:

• The supply of Goods made to Your specifications or clearly personalised.

• The supply of Goods that are deemed to be high risk and/or over a certain monetary value. These non-returnable items will be clearly identified with messaging on the individual product pages.

• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery - such as lingerie or swimwear.

• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

• The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (Klarna or ApplePay, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

Promotional Codes

Reluxe may occasionally offer promotional/discount codes to use online. Unless otherwise advertised, each code may be used only once per customer, within the given timeframe. Only one code per order. The promotional code you have been given may only be applicable on certain pieces. We do not offer discounts on pieces that are priced at £4000 and above.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

"As Is" and "As Available" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: enquiries@reluxefashion.com