ECOMMERCE SELLER TERMS AND CONDITIONS
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Please note that this information represents the intellectual property of Quick Move Ltd and any plagiarism or misuse will be deemed an infringement of copyright and will result in legal action being taken.
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General
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on our page or this website, and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
The following definitions and rules of interpretation apply in this Contract:
Customer: the person or entity who orders the Goods;
Goods: the goods to be provided by the Supplier under this Contract;
Supplier: Quick Move Ltd, a company registered in England and Wales under company number 09788236 and with our registered office at 86-90 Paul Street, London, EC2A 4NE;
Terms: these eCommerce Terms and Conditions; and
VAT: value added tax chargeable under English law for the time being and any similar, additional tax.
Contractual obligations
An offer to purchase is formed on the winning of an auction, acceptance of an offer or on check-out of a set-fee item, along with cleared payment.
Cleared payment is required in all circumstances within 7 days. Payment not cleared within 7 days may lead to the cancel of the contract without further obligation and a report issued to the relevant eCommerce platform, whether that of a third-party provider or of our own, in-line with relevant platform rules.
A contract for sale is formed when goods are dispatched. This can be through any means of shipping or when goods are collected post-inspection and acceptance by the customer, agent or third-party.
The total amount payable, in all cases, will be the amount shown as the total due, whether as a winning high-bid, accepted offer or agreement to a set-fee, in addition to the relevant postage and packaging charges. Total due prices will be inclusive of VAT, unless expressly stated otherwise at checkout in the form of a separate charge.
Where we are the owner of any items listed, the sales contract will be made directly with us.
Where we act as a selling agent for our clients, the sales contract consists of two sections. A sales contract is made with us for the postage and packaging, and eCommerce fees for any items sold. A separate contract is made between you, the buyer, and our client in regards to the transfer of ownership for the rest of the amount payable. The breakdown of costs for both sections of the contract can be provided on request by contacting us at accounts@hauteboutiqueshop.com, although we often act anonymously, and therefore may not disclose this information. This remains at our sole discretion.
Buyers should regard payment, communication, claim and refund aspects of the sale as being with us, where we act as a selling agent.
Your statutory rights are not affected where we act as a selling agent to our clients.
Charges and payment
We accept the following payment methods:
PayPal – Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk. (Quick Move Ltd is not responsible for the content of external websites.) Please note that payments through PayPal can take 7-10 days to process.
Any debit or credit card means accepted through the eBay platform.
UK Only Bank Transfers (BACS, CHAPS of SWIFT) – Please contact us at accounts@hauteboutiqueshop.com for our bank details. Under no circumstances should you issue payment as a money transfer.
We accept no other forms of payment to those stated above in sub-clause 3.1.
The price you pay is the price displayed on the website at the time we receive the order, apart from where there are online pricing errors. If we discover an error in the price of goods ordered or reserved, we will inform you at the first available opportunity. We will allow you to either reconfirm your order at the correct price or cancel it. If any circumstances where we are unable to contact you we will deem the order as cancelled. If you choose to cancel and have already paid for the goods, you will receive a full refund.
Where permitted and possible, all prices are shown in pound sterling (£) and include VAT at the applicable current rates but exclude delivery charges, unless expressly stated otherwise. Overseas buyers may see VAT and other applicable charges charged separately at the point of checkout, depending on third-party platform rules. The VAT status of any given transaction is purely dependent on the VAT status of the both the buyer or our client, the seller. Therefore, you should be aware that you may not be able to reclaim VAT on your purchase, and should contact us at accounts@hauteboutiqueshop.com with any further questions.
Postage and packaging
Dispatch – All items are packaged and dispatched from our warehouse within 2 business days of receiving cleared payment. We will notify you of this via email where we can.
Delivery – We make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable due to unforeseen factors. Quick Move Ltd shall be under no liability for any delay or failure to deliver the products within estimated timescales. Where shipping is available on items sold, we use an economy standard service. If you require a more prompt delivery, there will be the option to upgrade and pay a surcharge on check-out. If you have any further enquiries, please contact us at accounts@hauteboutiqueshop.com. All goods must be signed for by an adult aged 18 years or over.
International Shipping – At present, we only deliver products to locations explicitly stated on our listings - if you cannot see your country available, please do write to us to enquire. Where items are sent overseas, import duties, taxes and charges are not included in the listed price, will be added at check-out or when in your country and are the buyer’s full responsibility. You can find out more about these costs by contacting your area’s customs office.
Please note that most carriers do not deliver to PO boxes - please ensure that you select a home or business delivery address, as Quick Move Ltd shall be under no liability for any delay or failure to complete delivery.
Damage and Loss – Risk of damage and loss of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us. We retain evidence of postage for all items sent out and provide a tracked service where we can.
Refunds and returns
As outlined in Consumer Contracts Regulations (2014), if we post an item to you within the UK (or EU), you can change your mind and be fully refunded for the item and outbound shipping costs. The item must be returned to us in the condition sold, and within 14 days of receipt. We will not provide any refunds or exchanges prior to receiving the item back. Return postage is always paid for by the buyer unless we chose to fund it, at our sole discretion. We should be contacted in writing prior to making any return. Any items collected by you, your agent or any associated third-party from our warehouse are excluded from this clause.
If items are very different to how they were described, then we will provide an exchange, subject to availability. Where an exchange isn’t available, we will offer either a partial or full refund. Any offer for partial or full refund will be based on the buyer providing us with photographic proof of any discrepancies and a copy of the receipt for acceptance of the item. Where items are collected from our warehouse, we will ask you, your agent, or associated third-party to confirm that the item is as described prior to leaving with it.
If we post an item to you and it gets damaged or lost then we will either replace it or refund the value of the item and post and packaging costs. A parcel is only deemed as lost after 15 working days of dispatch for UK buyers and 30 days for overseas buyers. Where items are damaged, you are required to keep hold of the item, all original packaging, and to contact us in writing immediately. We will require photos of both damage and packaging in order to approve any claim. In any case, damage or loss, refunds can only be issued after the claim has been approved and paid by the courier.
Liability
This clause 6 sets out the liability of the parties (including the liability for the acts or omissions of its employees, agents, consultants and sub-contractors) to each other in respect of:
the provision of the Goods;
any breach of this Contract, howsoever arising;
any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Contract; and
any other liability (including non-contractual) howsoever arising under any legal theory whatsoever, arising out of or in connection with this Contract.
Nothing in this Contract shall exclude or limit either party's liability for:
death or personal injury caused by its own negligence (or the negligence of its employees, agents or sub-contractors);
fraud or fraudulent misrepresentation; or
any other matter for which it would be unlawful for either party to exclude or limit, or attempt to exclude or limit, its liability.
Subject to sub-clause 6.2, the Supplier’s total liability to the Customer arising under or in connection with this Contract, whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution and/or otherwise howsoever arising under any legal theory whatsoever, shall in no circumstances exceed the amount of Charges paid for the Goods.
Subject to sub-clause 6.2, the Supplier shall not be liable to the Customer, whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution and/or otherwise howsoever arising under any legal theory whatsoever, arising under or in connection with this Contract for:
loss of profits;
loss of sales or business;
depletion of goodwill;
loss of data or information;
any indirect or consequential loss.
We do not provide any warranty on the Goods. The Customer needs to rely on the manufacturer’s warranty.
General
Assignment and other dealings. The Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Contract without the Supplier’s prior written approval.
The Supplier may, at its absolute discretion, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Contract.
Entire Agreement. This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that, in entering into this Contract, it has not relied on, and shall have no right or remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract, except in the case of fraud. Each party agrees that its only liability in respect of those representations and warranties that are set out in this Contract (whether made innocently or negligently) shall be for breach of contract.
Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No partnership or agency. Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
Third parties. No one other than a party to this Contract shall have any right to enforce any of its terms.
Notice. Any notice or other communication given to a party under or in connection with this Contract shall be in writing, in English and shall be:
delivered by hand or by pre-paid first-class post or other next Business Day delivery service at its address set out in the Order; or
sent by email to the email address set out in the Order.
Any notice shall be deemed to have been received:
if delivered by hand, on signature of a delivery receipt;
if sent by pre-paid first-class post or other next Business Day delivery service, at 9.00am on the second Business Day after posting or at the time recorded by the delivery service;
if sent by email, the date that the email is sent, provided that the sending party can produce evidence that the email was correctly addressed and that it left its systems.
A party may change its details set out in the Order by giving notice, the change taking effect for the party notified of the change at 9.00 am GMT on the later of:
the date, if any, specified in the notice as the effective date for the change; or
the date five Business Days after deemed receipt of the notice.
Clauses 7.10 to 7.12 do not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution
Waiver. No failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Severance. If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 7.15 shall not affect the validity and enforceability of the rest of this Contract.
Language. This Contract is drafted in the English language. If this Contract is translated into any other language, the English language version shall prevail.
Governing law. This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
