Buyer’s Terms & Conditions

Introduction

These Terms and Conditions (“Terms”) are the terms and conditions which apply to the relationship between buyers of garments and other goods in Store and Grace & Ted. 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 Grace & Ted. By offering to buy and buying garments through Grace & Ted 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

  1. In these Terms the following definitions shall apply:
        “Agreement” means any contract entered into between a Seller and Grace & Ted;
        “Buyer” or “you” means the buyer of an Item which is sold in-Store;
        “Grace & Ted”, “us”, “we” and “our” means Grace & Ted; registered address 10 Kingsmead Square, Bath, BA1 2AB;
        “Item” means any garment or other item sold in Store;
        “Price” means the price at which an Item is marketed in Store ;
        “Regulations” means the Consumer Protection (Distance Selling) Regulations 2000;
        “Seller” means the person on whose behalf we are selling an Item;
        “Terms” means these Buyers’ Terms and Conditions;
        “Website” means our website: www.graceandted.co.uk;
        “Store” means our registered premises at 10 Kingsmead Square, Bath, BA1 2AB

Display of Items on the Website & in Store

  1. All Items offered for sale in Store and on our Website are used or “pre-owned” items which we are selling as agents on behalf of private third party sellers. By agreeing to these Terms you acknowledge that in offering to purchase and/or purchasing any Item we act as agent for a Seller (our principal).
  2. While we make every effort to describe and display every Item as accurately as possible, you should be aware that the colour and appearance of the Item as displayed on your computer monitor or any other display may differ from the actual colour and appearance of the Item.
  3. Items sold in Store and on our Website are sold “as seen” and accordingly we encourage Buyers to carefully examine the condition of any Item and visit us in Store if they are considering buying. We also encourage you to contact us if you have any queries about an Item before purchasing, by emailing us at: info@graceandted.co.uk or calling us on: 01225 461518
  4. The stated Price is designed to reflect the fact that the Item is pre-owned, taking into account the condition of the Item and a number of other factors including, without limitation, the original retail price of the Item, the age and style of the Item and other relevant market factors.
  5. The display of Items and prices in Store does not constitute an offer on our part. No Agreement shall come into existence unless and until we accept your order for an Item.

Ordering Items

  • All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
  • We reseve the right in our absolute discretion to reject any order that is placed with us and/or to withdraw any Item displayed on the Website at any time before your order is accepted.
  • If you enter into an Agreement with us on behalf of a business, you represent that you have the authority to legally bind the business to the Agreement.

Cancellation and Refund (EU customers only)

  • In accordance with the Regulations, if you purchase an Item over the phone you may cancel your order for any reason at any time within 7 working days counting from the day after you received the Item, by giving us notice in writing/on the phone. Please cancel by email: info@graceandted.co.uk or call: 01225 461 518
  • You must pay for the cost of returning the Item.
  • The Item must be returned to us in the same condition as that in which you received it, with all tags and labels still attached.
  • You are under a duty to take reasonable care of the Item whilst it is in your possession, so we therefore recommend that you package the Item carefully, send it by recorded or special delivery and insure it during transit to ensure that it reaches us in good condition.
  • We will provide you with a full refund within 30 days of cancellation of the order.

Returns

  • Items in Store are ‘sold as seen’ and subsequently we do not offer refunds or exchanges. Please ensure you are happy with your item before purchasing.

Limitation of Liability

  • Save to the extent required by law, we shall not be liable for any inaccuracy, error, misdescription or omission in any description of an Item marketed in Store or otherwise.
  • 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.
  • Our aggregate liability to you under these Terms shall be limited to a sum equivalent to the total value of your order.
  • The limitations 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.
  • 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.
  • None of the provisions contained in these Terms affect your statutory rights.

General

  • You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.
  • No person other than Grace & Ted or a Buyer shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
  • These Terms shall be governed by interpreted in accordance with English law.

Website Terms of Use

Introduction and Key Definitions

  1. This page details the terms and conditions (“Terms”) which govern your use of our Website, and which will apply to the use of the services we offer. You are advised to read them carefully. By using this website, you are indicating your acceptance to be bound by these Terms together with the terms of our Privacy Policy. The Terms may be modified from time to time by updating this page. You should visit this page frequently to review the current Terms.
  2. In addition to being bound by these Terms, all persons selling or proposing to sell Items In-Store shall be subject to our Sellers’ Terms and Conditions and all persons buying, or proposing to buy Items shall be subject to our Buyers ’Terms and Conditions.
  3. In these Terms the following definitions shall apply:
    • “Content” means all postings, messages, text, files, images or other material on the Website, including, without limitation, descriptions of Items and Item profiles;
    • “Grace & Ted”, “us”, “we” and “our” means Grace & Ted; registered address 10 Kingsmead Square, Bath, BA1 2AB
    • “Item” means any garment or other item offered for sale, or to be offered for sale, or sold via the Website & In-Store;
    • “User” means anyone using the Website for any reason; and
      “Website” means our website www.graceandted.co.uk and all the pages, content and sub-domains contained in it.
    • “Store” means our registered premises at 10 Kingsmead Square, Bath, BA1 2AB

Use of the Website

  • The Website may be used only for lawful purposes.
  • All Content is the sole responsibility of the person from whom such Content originated, and we do not control, and are not responsible for Content provided by any other person.
  • In posting or uploading any Content you grant to us a worldwide, irrevocable, nonexclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such Content in any existing or future media, subject always to the Privacy Policy. You also grant to us the right to sub-licence these rights, and the right to bring an action for infringement of such rights.
  • Users are not permitted to upload, post, email, or otherwise make available any Content:
    a. that is false or misleading;
    b. that infringes any intellectual property rights of, or a duty of confidentiality to, any other person;
    c. that advertises products or services the sale or supply of which is prohibited or restricted by applicable law;
    d. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    e. that is libellous, abusive, threatening, obscene, or otherwise offensive; or
    f. otherwise hinders the use or enjoyment of the Website by other Users.
  • We do not pre-screen or approve Content, but we shall have a right (but not an obligation) in our sole discretion to refuse, delete, edit or move any Content that is available on the Website for violating the letter or spirit of the Terms or for any other reason at our sole discretion.
  • Users are prohibited from:
    a. accessing data not intended for them or logging into a server or account which they are not authorised to access,
    b. deleting or revising any Content posted by any other person or entity;
    c. using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; and
    d. allowing others to use their login details to access any non-public area of the Website, disclosing to or sharing their password with any third parties or using their password for any unauthorised purpose.
  • We may, in our sole discretion, delete, suspend or deactivate any User account or otherwise terminate or restrict any User’s access to the Website immediately and without notice if we believe that such User has acted inconsistently with the letter or spirit of the Terms. Neither Grace & Ted nor its officers or employees shall be liable to any person for any resulting termination or restriction of a User’s access to the Website.

Intellectual Property Rights

  • Unless indicated to the contrary, Grace & Ted owns all the intellectual property rights relating to the Website, including the designs, text, database, graphics and layouts, and Users are not permitted to use or copy any part of them without our express permission in writing.
  • Users are not permitted to download, reproduce, copy, resell or exploit for any commercial purposes, any material on the Website, or to use automated means to download data from the Website (including without limitation, spiders, robots, crawlers or data mining tools, but excepting standard internet search engines).
  • Users are not permitted to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
  • The intellectual property rights in Content uploaded by Users to the Website are retained by the copyright owner, and Content is added to the Website by Users at their own risk.

Limitations on Service

  • We may establish limits on the use of the Website and we reserve the right at any time to modify or discontinue the Website (or any part of it) with or without notice.
  • We reserve the right to suspend operation of the Website from time to time for any reason, including, without limitation, to enable us to perform system upgrades or maintenance or to resolve technical issues, and we will endeavour to provide reasonable advance notice of such suspension where practicable.
  • We shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or the Service or any part of it, including for loss of profit or consequential or incidental loss or damage.

Limitation of liability and disclaimer

  • The Website and the Service are provided on an “as is” or “as available” basis, and accordingly use of the Website is entirely at the Users’ own risk. Any and all warranties relating to the Website, including, without limitation, any implied warranties as to fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
  • We take reasonable care to ensure that the Website and its electronic communications are virus-free. However, We make no warranty that the Website is free of viruses or other harmful components.
  • Each User shall indemnify and hold harmless Grace & Ted, its officers, employees, agents and service providers from any claim or demand (including reasonable legal fees and court costs) made by any third party due to or arising out of Content submitted, posted or made available by such User through the Website, or the violation of such User of the Terms or of any rights of any person or organisation.

Links to Other Sites

  • The Website contains links to third party web sites. These links are provided as a service and not as an endorsement by Grace & Ted of the contents on such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party web sites. Users accessing linked third party web sites do so at their own risk.

General

  • You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.
  • No person other than Grace & Ted or a Buyer or Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
  • These Terms shall be governed by interpreted in accordance with English law.

Privacy Policy.

We recognise and respect the importance of protecting the privacy of visitors to our website. This privacy policy explains what information we collect about you through our website, how we use that information and the procedures that we have in place to safeguard your privacy. We fully comply with the provisions of the Data Protection Act 1998.
We reserve the right to amend or modify this privacy policy at any time and in response to changes in applicable law. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of our website, so that you are aware of any amendments.

Use of Personal Information

We may use your personal information:

  • to ensure that the website is correctly displayed on your computer in the most effective manner;
  • to monitor and improve the provision of the services through the website;
  • to provide you with information about your use of the website;
  • to enable us to send you our newsletter and to provide you with information in relation products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
  • to provide you with information, promotional material or details of offers from selected third parties which we think may be of interest to you, where you have consented to be contacted for such purposes;
  • to carry out our obligations arising from any contracts entered into between you and us;
  • to allow you to participate in interactive features of our service, when you choose to do so; and to send you notices about our service or any changes to it.

We may use your details for the processing and delivery of orders, processing payments, and managing your account.
Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
We may disclose your information on a confidential basis to our agents, subcontractors, bankers and third-party service providers in connection with the proper provision of services to you. We may also transfer your information to an assignee of the whole or a substantial part of Grace & Ted’s business. Subject to the foregoing, we will not share, trade or sell your information to any company or parties not directly associated with its proper use in accordance with the terms of our service or as described above, except when you give us explicit permission or we are under a legal obligation to do so.

Controlling your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways:

  • If you have previously agreed to us sending you our newsletter or using your personal information for marketing purposes, you may change your mind at any time by changing your preferences in your online account or by contacting us using the details set out below.
  • Under the terms of the Data Protection Act 1998, you are entitled to ask for a copy of any information we hold about you. If you require a copy of this information, please contact us using the details set out below. We may make a small charge to cover our administrative costs.

Use of Cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. If accepted, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Seller’s Terms & Conditions

Introduction

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 in Store. By sending items to Grace & Ted and requesting us to sell them in Store 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

In these Terms the following definitions shall apply: “Agreement” means any contract entered into between a Seller and Grace & Ted;
“Buyer” means the buyer of an Item which is sold in Store;
“Grace & Ted”, “us”, “we” and “our” means Grace & Ted. Registered address: 10 Kingsmead Square, Bath, BA1 2AB
“Item” means any garment or other item sent by you to us with a view to it being sold in Store;
“Marketing Price” means the price at which an Item is marketed in Store (i.e. an agreed Provisional Price);
“Provisional Price” means the provisional price at which an Item is proposed to be marketed in Store;
“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);
“Request to sell” 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 in Store; “Terms” means these Seller’s Terms and Conditions; and
“Website” means our website: www.graceandted.co.uk and
“Store” means our shop at 10 Kingsmead Square, Bath, BA1 2AB.

Offering Items for sale

In submitting a Request to Sell form you are requesting us to sell the relevant Item on your behalf.
In marketing and/or selling any Item in Store we are acting solely in our capacity as your agent.
Within 5 working days of you submitting a Request to Sell 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.
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 Request to Sell 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.
We may, at our absolute discretion, refuse to accept any Item for sale.

Collection / Delivery of Items

Subject to us provisionally accepting an Item for sale and agreeing a Provisional Price for an Item, at your option: 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 you; or you may post the item to us via Royal Mail to the following address: Grace & Ted, 10 Kingsmead Square, Bath, BA1 2AB. This shall be at your cost.
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.
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.
An Agreement between you and Grace & Ted 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.
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.
By selling an Item with us you are confirming that: 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. You also confirm that:
the Item may be lawfully sold to consumers in the UK;
the Item is not stolen or counterfeit. By agreeing to these Terms you are giving a warranty as to the authenticity of the Items;
the Item conforms to the description in the Request to Sell form;
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 if the Item has been worn, it has been professionally dry-cleaned.

If following our examination of the Item it is found to be counterfeit we reserve the right to retain the Item; to hand to relevant authorities.

Acceptance / Rejection of Items

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 in Store. If we accept an Item for sale, unless we notify you that we consider the Provisional Price is too high or too low, the Marketing Price shall be the same as the Provisional Price.
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: 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 you wish us to donate the Item to charity (the identity of the charity being our choice).
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.
If having examined the Item we consider that the Provisional Price is too high or too low, we shall contact you notifying you of a revised price (the proposed Marketing Price). If you object to the revised price within 48 hours, 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 In-Store

If we do not reject or return any Item, 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.
We shall market the Item subject to our standard Buyers’ Terms and Conditions as published on the Website as amended from time to time.
We shall market the Item at the Marketing Price (or any revised Marketing Price) for at least 6 weeks from the Start Date.
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.
If after 6 weeks from the Start Date the Item is not sold, we reserve the right to reduce the Marketing Price in order to sell the Item unless you instruct at the time of placing the Item for sale with Grace & Ted that the Marketing Price cannot be reduced.
We reserve the right to cease marketing an unsold Item at any time, in which case we shall contact you to enquire whether either: 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 you wish us to donate the Item to charity (the identity of the charity being our choice) or collect the Item from In Store.
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 at your expense. However, if you do request us to cease marketing a Item within 6 weeks from the Start Date we will charge you an administration fee of £5. We shall cease marketing the Item, and it shall be removed from our Store 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.
If you fail either (i) to pay when requested the costs of shipping any Item back to you (ii) to collect the relevant Item from In Store, in either case within 2 weeks of us making contact with you we reserve the right to donate the Item to a charity of our choice without further notice to you.

Sale of Items

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.
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 re-market the Item for sale.
If the Item was originally sold within 6 weeks of the Start Date, we shall re-market the Item at the Price at which it was last marketed on the Website for a further 6 week period.
It is the Sellers responsibility to contact us during or after the 6 week Marketing period to enquire whether their item has been sold.
We shall be entitled to retain 50% of the proceeds of sale of the Item by way of commission, and we shall remit the balance of the proceeds of sale to you and any other applicable charges provided for in these terms, incurred by us in relation to the Item.
Unless otherwise agreed in writing, we shall pay the amount of the proceeds of sale due to you by cheque.

Limitation of liability

We shall not be liable: for any inaccuracy, error, mis-description or omission in any description of an Item marketed in Store or otherwise; in relation to the setting of the Price of any Item; for any failure to achieve a sale of any Item; or for any loss or damage arising from any interruption in Store for any reason, in each case whether arising from our negligence or otherwise.
To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, items stolen, 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.
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 control.

General

All Items left with Grace & Ted remain the Seller’s property until sold and are left at their own risk. Items are not insured against damage or loss whilst with us. Customers should make their own insurance arrangements to cover loss or damage to any items if they so wish.

No person other than Grace & Ted or a Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
These Terms shall be governed by interpreted in accordance with English law. We reserve the right to alter these Terms at any time.