1.1  who we are. this website at www.rlvd.com, together with any related mobile device application, user interface, functionality, and feature (our “website”), is operated by rlvd ltd, a company incorporated and registered in england and wales under company number 14130258 and whose registered office is at 34 telford way, london, w3 7xs, england (“we”, “our”, “us”, or “rlvd.com”). our vat number is gb 993 693 847. 

 

1.2  what we do. our website is an online marketplace that allows users in the united kingdom (“uk”) and the european economic area (“eea”) to sell and to purchase previously owned or used clothing, accessories, and homeware items and certain new clothing, accessories, and homeware items (“products”) that meet our acceptance criteria stipulated here (our “acceptance criteria”) and which are each the subject of individual listings on our website (“listings”). except in respect of products sold via our website directly by us as described in clause 4.14 below (“rlvd-sold products”) and save as set out in clauses 3.20 and 3.21 below, we do not own any products listed or advertised on, or sold through, our website and are not involved in the actual transaction between users whose products are listed for sale on our website (“sellers”) and users who purchase those products through our website or pursuant to clause 3.22 below (“buyers”). sellers who use our website are either private individuals or third-party businesses that we have authorised to sell products via our website or services (“business partners”). please see clause 4.10 below for further information on how to identify whether a product on our website is sold by a private seller, by a business partner, or directly by us. except in respect of rlvd-sold products and save as set out in clauses 3.20 and 3.21 below: (i) the contract for sale of each product that is concluded as a result of the use of our website or services (the “buyer-seller contract”) is between the relevant seller and buyer, and we are not a party to that buyer-seller contract; and (ii) we will not become the owner or reseller of any such product at any time. we do not provide endorsements of any products sold through our website by sellers.

1.3  how to contact us. you can contact us using the contact details provided here (our “contact details”).  

1.4  how we may contact you. if we have to contact you, we will do so by writing to you at the email address that you provided to us when signing up for your account with us or purchasing a product through our website. please therefore ensure that you keep us updated of any changes to these details. any references in these terms and conditions to “written” communication or to “writing” includes by way of email.

2.1  about this user agreement. subject to clause 2.3 below, if you use our website and/or services to list products for sale or purchase products through our website, you agree to be legally bound by these terms and conditions (this “user agreement”). this user agreement explains the basis on which you may list products for sale on our website in your capacity as a seller, and on which you may purchase products through our website in your capacity as a buyer. this user agreement also sets out your and our legal rights and responsibilities, certain key information required by law, and what to do if there is a problem. please therefore read this user agreement carefully before you use our website or services. we recommend that you print a copy of this user agreement for your reference. this user agreement was last updated on 5 january 2023. words and expressions used in this user agreement and that are capitalised or are in bold are defined in this user agreement where they first appear in it.

2.2  when you enter into this user agreement. you will enter into, and be bound by, this user agreement: (i) in your capacity as a seller as soon as you submit through our website a concierge service request or consignment service request (as described respectively in clauses 3.3 and 3.4 below) or (if it is available) as soon as you select the buy-out option described in clause 3.20 below; or (ii) in your capacity as a buyer as soon as you commit to purchasing a product from a seller or from us by placing an order for it via our website, as described in clause 4.2 below.

2.3  not for business users. this user agreement does not apply to users of our website or services who are businesses. if you are a business and wish to sell a product through our website or services, then you must do so subject to and in accordance with our separate business partner agreement (which we will provide to you during the process of onboarding you as a business partner), and which will govern your business’s use of this website and our services. under this user agreement, you agree not to use our website or any of our services for the purposes of your trade, business, craft, or profession. we reserve the right to decline to provide our services and/or to refuse to list any product on our website for sale that we reasonably believe is being listed or purchased for commercial or business reasons. you must not falsely claim that you are selling a listed product as a private consumer if, in fact, you are selling that listed product as a business.

2.4  other applicable terms. by entering into this user agreement, you also agree to comply with our website terms of use. please read our website terms of use carefully before you use our website or services. if there is any conflict or inconsistency between a provision in this user agreement and our website terms of use, then this user agreement will prevail. we also recommend that you read our privacy policy, which explains how we use your personal information, and our cookie policy, which sets out information about the cookies and other similar technologies that our website uses.

2.5  changes to this user agreement. we may make changes to this user agreement at any time if this is necessary to ensure that we comply with any applicable legal or regulatory requirements or to reflect any applicable changes in law (in which case, we will notify you in writing of the relevant changes and what this means for you). we may also change this user agreement (for example, to change our fees or introduce new fees) from time to time for other reasons by notifying you 30 days in advance to give you an opportunity to review any such changes before they go into effect. then, if you continue to use the service, you will be bound by the updated terms. if you do not agree with these changes, then you may close your account with us (if you have one) without penalty within 30 days of us notifying you of these changes (the “rejection period”) or otherwise let us know using our contact details that you wish to end this user agreement, in which case (subject to clause 7.4 below) our contract with you under this user agreement will end automatically at the end of the rejection period (but, if you do not take either of these actions, you will be deemed to have accepted those changes to this user agreement). except as stated in this clause 2.5, this user agreement may not be amended except through agreement between you and one of our authorised representatives. 

3.1  conditions relating to selling products to buyers. if you use our website or any of our services to sell any product to any buyer, you agree, confirm, and declare that:

3.1.1  you fully own and have all necessary rights, authorisations, and permissions to sell lawfully each product that you request us to list or make available for sale to buyers, including but not limited to any and all rights, authorisations, or permissions, licences, that you may be required to have from relevant rights holders (for example, the owners of relevant trade marks) to sell each such product to buyers in the uk and the eea (and, if we so request you to do so, you will promptly provide us with all documents evidencing and/or proving your ownership of each such product and that product’s origin); 

3.1.2  you will not breach or circumvent any laws, other persons’ rights, or our systems or policies or use our website or services for any illegal or fraudulent purpose;

3.1.3  you will not sell anything: (i) counterfeit or stolen; (ii) whose sale is prohibited under applicable laws or is subject to conditions preventing it from being (re)sold to anyone else located in the uk or the eea; or (iii) which does, or is likely to, infringe or violate anyone else’s rights (including, but not limited to, intellectual property rights such as copyright and/or any trade mark);

3.1.4  you will not use our website or services if you are not able to form legally binding contracts with buyers (for example, if you are under the age of 18), or are temporarily or indefinitely suspended from using our website or services;

3.1.5  you will not transfer your rlvd.com account and/or user id to anyone else without our prior written consent;

3.1.6  you will not interfere with the listing of any other seller;

3.1.7  if we disclose the contact information of any buyer to you, then you will not use that information for any purpose other than in order to perform your obligations, and exercise your rights, under any buyer-seller contract that you have entered into with that buyer;

3.1.8  you are a private individual acting as a seller and you are not selling any product in the course of your trade, business, craft, or profession, or for or on behalf of anyone else;

3.1.9  you will not harvest or otherwise collect information about other users of our website (such as email addresses) without their express and informed consent; 

3.1.10  the products that you provide to us to sell on your behalf will be clean and in a suitable condition to sell to buyers;

3.1.11  if a buyer expresses interest in any of your products, you will not (and will not attempt to) arrange or agree a sale of any such products to that buyer outside of our website or services; and

3.1.12  you accept sole responsibility for the legality of your actions under laws applying to you when using our website or services

if you break any of your obligations under this clause 3.1, then (without affecting or limiting any of our other rights or remedies available to us under this user agreement or under applicable laws) we will hold you responsible for any losses, costs, or expenses (and any claims made against us by anyone else) that we or our affiliates incur as a direct result of your breaking this clause 3.1. 

3.2  how to list a product for sale on our website. if you have a product that you would like to list for sale on our website, you can do so using either the method described in clause 3.3 below (the “concierge service”) or the method described in clause 3.4 below (the “consignment service”).

3.3  concierge service. if you submit a request via our website to sell a product through our website or services using our concierge service (a “concierge service request”) and we determine that, based on the location of where you live (as specified by you to us), that we can provide that concierge service to you, then:

3.3.1  one or more of our representatives will endeavour to visit you in person at the address you have provided to us at a mutually convenient and agreed time in order to assess the value, quality, and condition of the product in question (and you agree to allow those representatives to enter the premises at that address in order to do this) or, alternatively, we will conduct this assessment for you (provided we have agreed with you beforehand to do this) remotely via a video call at a mutually convenient and agreed time (and, if we visit you in person, you confirm that you are authorised to allow us to enter the premises at the relevant address and you acknowledge and accept that we may have to reschedule our visit to you: (i) during epidemics or pandemics as a result of any governmental or local restrictions or guidelines concerning non-essential travel; or (ii) for any circumstances beyond our reasonable control);  

3.3.2  we will check that the product in question fulfils our acceptance criteria and, if it does, then we will provide you with an initial indication of its estimated sale value based on comparable prices for items of the same or similar type, style, and/or condition (but please note that this is indicative only and will be subject to our further quality control and authentication assessments described in clause 3.3.3 below and this estimated value is not an appraisal, statement of fair market value, or necessarily obtainable price and you agree that you will not rely on any such estimated value that we provide to you), and, in providing this estimated sale value, we will take into account any reasonable requests you make as to what price you would like to sell the product at via our website or services (your “desired sale value”), which you must state in either british pounds sterling (“gbp”) or euro (“eur”);

3.3.3  if we decide that the relevant product appears to fulfil our acceptance criteria, our representatives who visit you will take it with them when they leave in order to perform quality control, authentication, and safety checks;

3.3.4  if the relevant product passes our quality control, authentication, and safety checks, then we will notify you in writing (either by sending a notification to your account if you have one or alternatively by emailing you as set out in clause 1.4 above) with an updated recommended sale value of the product (the “recommended sale value”) in either british pounds sterling (“gbp”) or euro (“eur”) depending on your preferred currency as communicated by you to us (or, if you did not express a preference, this will be given to you in gbp if you are resident in the uk or in eur if you are resident in the eea), and we will determine the recommended sale value taking into account your desired sale value, but if we reasonably determine that the product is counterfeit, inauthentic, or stolen or otherwise unsuitable for sale via our website or services, then:

(i)  if the product is unsuitable for sale via our website or services (and provided we have not determined that the product is counterfeit, inauthentic, stolen, or otherwise in contravention of applicable laws), we may at our option: 

(a)  make an offer to you in writing to arrange (on your behalf and at no further cost to you) for the relevant product to be donated free of charge to a charity that we will choose on your behalf (a “donation proposal”), in which case you will have 30 calendar days from the date of our donation proposal to confirm to us in writing whether you would like us to do this on your behalf, and, if you give written confirmation to us within that time period that you would like us to do this, then you authorise us to donate the relevant product free of charge on your behalf to any such charity and we will have no further obligations to you under this user agreement or otherwise in respect of that product (and you acknowledge, understand, and accept that, once we have made that donation, the relevant charity will own that product and can choose to do what it wishes with it), but if you let us know within that time period that you do not agree with our donation proposal or otherwise do not respond to the donation proposal within that time period, then the below clauses 3.3.4(i)(b) and 3.3.4(ii) will apply); and/or

(b)  make an offer to you in writing to purchase the relevant product ourselves from you (a “direct purchase proposal”), in which case clause 3.21 below will apply;

(ii)  if you do not agree to any donation proposal or direct purchase proposal that we make under clause 3.3.4(i) above or you do not respond to them within the relevant time period for acceptance, or we notify you that we do not intend to make any donation proposal or direct purchase proposal in respect of the relevant product, then we will charge to you: (a) a fee to return that product to you at your cost via our nominated carrier on the basis of our stipulated delivery rates (a “return fee”); (b) an administration fee calculated on the basis set out in our additional charges information to cover our reasonable costs in undertaking our quality control, authentication, and safety checks on that product (an “administration fee”); and (c) any applicable customs or import charges or duties that we have to pay in order to return that product to you (“return duties”), and we will not arrange for that product to be returned to you unless and until you have paid the return fee, administration fee, and return duties to us in full and cleared funds (and, if required under applicable laws, we may notify any relevant law enforcement, regulatory, or governmental authorities about the relevant product if we determine that it is counterfeit, stolen, or otherwise in contravention of applicable laws); or

(iii)  if we have determined that the product is counterfeit, inauthentic, stolen, or otherwise in contravention of applicable laws, then, if we are required to do so under applicable laws, we will submit that product to the relevant law enforcement, regulatory, or governmental authorities and will have no further responsibility to you in respect of that product under this user agreement or otherwise; 

3.3.5  if we have notified you under clause 3.3.4 above that the relevant product has passed our quality control, authentication, and safety checks, then you will have a period of 72 hours from our notification to you of the relevant product of its recommended sale value (the “recommended sale value notification”) to decide and let us know via our website if you do not wish to have the product listed on our website for sale to buyers at a price equal to the recommended sale value (but, if you do not respond to the recommended sale value notification within 72 hours of it being sent to you, or you otherwise let us know that you are happy to have the product listed on our website for sale to buyers at a price equal to the recommended sale value, then we will proceed with the steps set out in clause 3.3.6 below);

3.3.6  if you have not responded to our recommended sale value notification within the time period stated in clause 3.3.5 above to let us know that you do not wish to have the relevant product listed on our website for sale to buyers at a sale price equal to the recommended sale value (or you have otherwise let us know that you are happy to have that product listed on our website for sale to buyers at a price equal to the recommended sale value), then you authorise us to (and we will) photograph the product and create a listing for that product (the “listed product”) that will describe that product and include our photographs of it and make it available for sale at the recommended sale value (and you will be notified as soon as that listing is created and will be responsible for promptly checking and ensuring that the listing accurately describes the nature, size, brand, targeted gender, and origin of the listed product and does not leave anything out that you would reasonably expect to want to know if you were to buy that listed product yourself, and, if it does not or anything else in the listing is wrong, you must contact us immediately in writing via our website or using our contact details so that we can correct the listing);  

3.3.7  if you do not agree to have the product listed on our website for sale to buyers at a sale price equal to the recommended value and respond to our recommended sale value notification within the 72-hour period described in clause 3.3.5 above to let us know this, then you must: (i) choose either to raise or lower the price of the product to be paid by a buyer who purchases it (the “product price”), in which case we will create a listing for the product at the relevant adjusted product price; or (ii) choose no longer to have the product listed for sale on our website, in which case clause 3.3.9(i) below will apply (and you can perform either of these actions via your account, or, if you do not have an account or you are unable to do this via your account, by requesting us to do this on your behalf by getting in touch with us using our contact details);

3.3.8  once a listing is live, and provided a buyer has not already committed to purchasing the relevant listed product via our website or pursuant to clause 3.22 below, you may via your account (or if you do not have an account, by requesting us to do this on your behalf by getting in touch with us using our contact details): (i) within 30 days of the listing having gone live (the “adjustment period”), request us on your behalf to increase or decrease the listed price of the listed product stipulated in the listing (the “product price”); and (ii) after the adjustment period has ended, request us on your behalf to lower the relevant product price (but if the adjustment period has ended, you agree no longer to have the option to increase the product price stipulated in the relevant listing);

3.3.9  you may, at any time prior to a buyer purchasing the relevant listed product from you via our website or pursuant to clause 3.22 below, decide that you no longer wish to have that listed product made available for sale to buyers, in which case:

(i)  you must contact us using our contact details, and we will charge to you an administration fee, a return fee, and any applicable return duties in respect of returning the relevant product for you (which you must pay to us within 30 calendar days) and, once you have paid these to us, we will arrange for that product to be shipped back to you (and we will not arrange for that product to be returned to you unless and until you have paid that administration fee and return fee and those applicable return duties to us in full and cleared funds); and

(ii)  if you require the listing for the product to be removed within 180 days of the listing having gone live (the “initial period”), then we will charge you a fee per delisted product calculated on the basis set out in our additional charges information (a “listing fee”) to cover our costs of storing that product, photographing that product, undertaking quality control and authentication checks on that product, and creating the listing for that product (but you will not be charged a listing fee if you require the listing to be removed after the initial period has ended);

3.3.10   each listing will (subject to clause 3.17 below and subject to any purchase of the relevant listing product by a buyer) be live on our website for a limited period of 12 months (the “listing period”) and may be removed from our website after the end of that listing period; 

3.3.11  if your listed product has not been purchased by the date falling 2 months after the start of the relevant listing period (the “discount start date”), then, provided we have given you the option to indicate your consent to this via our website (for example, by way of a tickbox) and you have given your consent in this way for us to do this on your behalf, then you authorise us, at our option, to reduce on your behalf the original product price by up to: (i) 10% of the original product price from the discount start date; (ii) 10% of the original product price from the date falling 45 days after discount start date; (iii) 15% of the original product price from the date falling 90 days after discount start date; (iv) 15% of the original product price from the date falling 135 days after discount start date;

3.3.12  if your listed product has not been purchased by a buyer before the end of the listing period (or before this user agreement comes to an end for whatever reason), then:

(i)  we may at our option: 

(a)  make a donation proposal to you, in which case you will have 30 calendar days from the date of our donation proposal to confirm to us in writing whether you would like us to do this on your behalf, and, if you give written confirmation to us within that time period that you would like us to do this, then you authorise us to donate the relevant product free of charge to a charity that we will choose on your behalf, and we will have no further obligations to you under this user agreement or otherwise in respect of that product (and you acknowledge, understand, and accept that, once we have made that donation, the relevant charity will own that product and can choose to do what it wishes with it), but if you let us know within that time period that you do not agree with our donation proposal or otherwise do not respond to the donation proposal within that time period, then the below clauses 3.3.12(i)(b) and 3.3.12(ii) will apply); and/or

(b)  make a direct purchase proposal to you, in which case clause 3.21 below will apply;

(c)  make an offer for you to donate the relevant product to us free of charge, in which case we will ask you to sign a document confirming that you wish to transfer the ownership of the listed product to us at no cost to us; and/or

(d)  discuss potential other methods of selling your listed product with us, such as selling it via our website at a discounted price that we have agreed with you in writing; and

(ii)  if you do not agree to any donation proposal, direct purchase proposal, or other proposal or offer that we make to you under clause 3.3.12(i) above or respond to them within the relevant time period for acceptance (as stated in this user agreement or otherwise notified to you at the time we make the relevant proposal or offer), or we notify you that we do not intend to make any donation proposal, direct purchase proposal, or other offer or proposal described in clause 3.3.12(i) above in respect of the relevant product, then we will charge to you any applicable return duties, and we will not arrange for that product to be returned to you unless and until you have paid to us in full and cleared funds those return duties, if they are applicable (and you will be responsible for reimbursing us fully for our reasonable ongoing costs, as notified by us to you in writing, of that listed product’s storage and safekeeping up to the date on which you pay to us in full and cleared funds the return duties, if they are applicable); and

3.3.13  if a buyer commits to purchasing one of your listed products by placing an order for it via our website and completing the checkout process, then a legally binding buyer-seller contract will immediately be created between you and that buyer under which you must sell that listed product to that buyer at the product price. you acknowledge, agree, and confirm that you will at all times comply with all applicable laws (including, but not limited to, in relation to the sale of goods by you to others) when performing your obligations under each buyer-seller contract that you enter into with a buyer. 

3.4  consignment service. if you submit a request via our website to sell a product through our website or services using our consignment service (a “consignment service request”), then you will be asked to check that the product that you wish to sell meets our acceptance criteria and to submit to us via our website certain details of that product concerning its nature, brand, quality, size, condition, targeted gender, characteristics, and any defects/faults (“product details”). optionally, you can also submit at the same time your desired sale value for that product, in which case we will ask you to submit that desired sale value in gbp or eur (but please note that it may not be possible to sell your product at your desired sale value through our consignment service, and you acknowledge and agree that we cannot guarantee that the relevant product can be sold at your desired sale value). we will then review your submitted product details in order to determine whether, based on those product details, the product can be sold via our website and whether our acceptance criteria appear to have been met, and if we let you know in writing that the product in question is likely to meet those requirements, then:

3.4.1  we will ask you to send to us the product in question (together with any relevant accessories or materials that we need in order to undertake the consignment service) either by dropping it off at an accepted drop-off point (as communicated to you by us) or by sending it in accordance with the instructions that we give to you to an address that we will specify to you (and, if you do this, you will be responsible for the costs of any packaging, which we can also provide at a small fee, and ensuring that the packaging used is suitable and adequate to protect the product in question, but we will cover the cost of shipping the product to us by providing you with a pre-paid shipping label and we will be responsible for obtaining any necessary import licences or permits if they are needed to allow the product to be shipped overseas to us, and we will also be responsible for and cover the cost of any customs duties, clearance charges, and other amounts payable in connection with sending the product to us overseas); 

3.4.2  once we receive the product in question (together with any relevant accessories or materials that we need in order to undertake the consignment service), we will perform quality control, authentication, and safety checks on that product;

3.4.3  if the relevant product passes our quality control, authentication, and safety checks, then we will notify you in writing with a recommended sale value of the product (the “recommended sale value”) in either gbp or eur depending on your preferred currency as communicated by you to us (or, if you did not express a preference, this will be given to you in gbp if you are resident in the uk or in eur if you are resident in the eea), and the recommended sale value may be lower than any desired sale value that you provided to us if we reasonably determine that the relevant product’s condition is not as we had anticipated based on your submitted product details (or if you did not submit to us any relevant accessories or materials required for us to undertake a complete assessment of the product), but if we reasonably determine that it is counterfeit, inauthentic, stolen or otherwise in violation of applicable laws, or that it does not correspond with the product details that you submitted to us, or is otherwise unsuitable for sale via our website or services (for example, because it does not fulfil our acceptance criteria), then:

(i)  if the product is unsuitable for sale via our website or services (and provided we have not determined that the product is counterfeit, inauthentic, stolen, or otherwise in contravention of applicable laws), we may at our option:

(a)  make a donation proposal to you in respect of that product, in which case you will have 30 calendar days from the date of our donation proposal to confirm to us in writing whether you would like us to arrange (on your behalf and at no further cost to you) for the relevant product to be donated free of charge to a charity that we will choose on your behalf, and, if you give written confirmation to us within that time period that you would like us to do this, then you authorise us to donate the relevant product free of charge to any such charity and we will have no further obligations to you under this user agreement or otherwise in respect of that product (and you acknowledge, understand, and accept that, once we have made that donation, the relevant charity will own that product and can choose to do what it wishes with it), but if you let us know within that time period that you do not agree with our donation proposal or otherwise do not respond to the donation proposal within that time period, then the below clauses 3.4.3(i)(b) and 3.4.3(ii) will apply); and/or 

(b)  make a direct purchase proposal to you in relation to that product, in which case clause 3.21 below will apply;

(ii)  if you do not agree to any donation proposal or direct purchase proposal that we make in relation to the relevant product or respond to them within the relevant time period for acceptance, or we notify you that we do not intend to make any such donation proposal or direct purchase proposal, then we will charge to you: (a) a fee to return the relevant product to you at your cost via our nominated carrier on the basis of our stipulated delivery rates (a “return fee”); (b) an administration fee to cover our reasonable costs in undertaking our quality control, authentication, and safety checks on that product (an “administration fee”), which will be determined on the basis set out in our additional charges information; and (c) any applicable customs or import charges or duties that we have to pay in order to return the product to you (“return duties”), and we will not arrange for the relevant product to be returned to you unless and until you have paid the return fee, administration fee, and return duties to us in full and cleared funds (and, if required under applicable laws, we may notify any relevant law enforcement, regulatory, or governmental authorities about the relevant product if we determine that it is counterfeit or stolen); or 

(iii)  if required under applicable laws concerning counterfeit goods, submit that product to the relevant law enforcement, regulatory, or governmental authorities; 

3.4.4  if we have notified you under clause 3.4.3 above that the relevant product has passed our quality control, authentication, and safety checks, then you will have a period of 72 hours from our notification to you of the relevant product of its recommended sale value to decide and let us know via our website whether or not you wish to have the product listed on our website for sale to buyers at a price equal to the recommended sale value; 

3.4.5  if you agree to have the product listed on our website for sale to buyers at a sale price equal to the recommended sale value (or otherwise do not respond to our notification given to you under clause 3.4.4 above within the stated 72-hour period), then we will photograph the product and create a listing for that product (the “listed product”) which will describe that listed product and include our photographs of it (and you will be responsible for promptly checking and ensuring that the listing accurately describes the nature, size, brand, and targeted gender of the listed product and does not leave anything out that you would reasonably expect to want to know if you were to buy that listed product, and, if it does not or anything else in the listing is wrong, you must contact us immediately in writing via our website or using our contact details so that we can correct the listing); 

3.4.6  if you do not agree to have the product listed on our website for sale to buyers at a sale price equal to the recommended sale value, then you must: (i) choose either to raise or lower the price of the product via your account (or, if you are unable to do this via your account or do not have an account, by contacting us using our contact details), in which case we will create a listing for the product at the relevant adjusted product price; or (ii) choose no longer to have the product listed for sale on our website, in which case clause 3.3.9 above will apply; and

3.4.7  the additional steps set out in the above clauses 3.3.8 to 3.3.13 inclusive will apply. 

3.5  if you submit content (including product photos and product details) to us, you allow us to keep and use this. if you submit product details or product photos (as defined in clause 3.20.2 below) to us under this user agreement and/or any other content in relation to your products (“content”), then you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (to our authorised subcontractors and affiliates), assignable, transferable, and fully paid-up licence to host, use, copy, distribute, publicly perform or display, run, translate, modify, add to, and publish on our website (and on our social media channels and in our advertising and promotional materials on whatever media, including but not limited to at the physical or pop-up retail outlets or concessions described in clause 3.22 below) that content (and/or create derivative works of that content) and to keep copies of that content for our records. this means you will still have ownership of your content and you are free to share it with anyone else, but you also give to us certain legal permissions to use, modify, add to, and publish that content anywhere in the world (and we can pass those permissions on to our authorised subcontractors and affiliates) until we delete that content from our systems (even if this user agreement ends before that content is deleted from our systems). as far as applicable laws allow, you also waive your moral rights in any such content. this means that you will not assert your right to be identified as the creator of any such content and that you will not object to how it is used on our website. you confirm that you own or have obtained all necessary rights to submit to us your content, and you will not send to us or submit through our website anyone else’s photographs, content, or private or confidential information without their permission or do anything that might violate their intellectual property rights or their privacy rights (and, if you do, then we will hold you responsible for any losses, costs, or expenses (and any claims made against us by anyone else) that we or our affiliates incur as a direct result of this). any content that you submit to us or upload to our website will be considered non-confidential and non-proprietary. we reserve the right to disclose your identity to anyone else who claims that any content submitted or uploaded by you to our website violates or infringes their intellectual property rights or their privacy rights. we do not store terrorist content. you alone are responsible for securing and backing up your own content. you agree that you will comply fully with our website terms of use when submitting content to us or via our website.

3.6  counterfeit goods. notwithstanding clause 3.8.1 below, you alone are responsible for ensuring that any products that you request us to list on our website are genuine. if we have reason to believe that any such product is not genuine or authentic or is counterfeit, then we reserve our right not to list that product on our website. you acknowledge, understand, and accept that, if we do determine that a product in our possession that you have provided to us is counterfeit, then we will, if required to under applicable laws, inform the relevant authorities or law enforcement agencies. 

3.7  condition of products. if you wish to sell a product via our website or services that is described as new, you must ensure that it is in a condition equivalent to that which a buyer would reasonably expect if purchasing that product as brand new from a retailer. if you wish to sell a product via our website or services that is previously owned or used, you must ensure that it is suitably clean and in a condition that would reasonably be expected by a buyer. if, when we collect a product from you via the concierge service or receive a product from you via the consignment service, we reasonably determine that such a product that you have asked us to list on our website is not suitably clean or in such condition, then we will arrange for the necessary cleaning to be undertaken ourselves and charge to you a reasonable fee for that cleaning (a “cleaning fee”), which we will notify to you in advance and which you authorise us to charge to you by deducting the cleaning fee from the monies we remit to you in accordance with clauses 3.10 and 3.11 below once the product is sold to a buyer, or, if the product is not sold by the end of the relevant listing period, by charging to your chosen payment method.

3.8  you authorise us to take certain actions on your behalf. if you use our website or services as a seller, you grant to us permission to do the following as your agent (i.e. for and on your behalf):

3.8.1  to perform quality control and authentication checks on any product that you provide to us in order to have it listed on our website (whether under the concierge service or the consignment service);

3.8.2  to create and publish on our website a listing for each product that you wish to sell to a potential buyer via our website;

3.8.3  to make listed products sold by you available for purchase by buyers outside of our website as set out in (and subject to) clause 3.22 below;

3.8.4  to adjust, subject to (and as described in) clauses 3.3.8 and 3.3.11 above, the relevant product price stated in the relevant listing for a listed product sold by you;

3.8.5  to conclude buyer-seller contracts with the relevant buyers in respect of listed products purchased by buyers;  

3.8.6  to collect and receive the product price monies paid by the buyer of a listed product under the relevant buyer-seller contract and, once we have collected or received them from the relevant buyer, to remit the product price in your preferred or deemed currency to you within the timescales described in clause 3.10 below after we have first deducted from them the relevant commission fee (as described in clause 3.11 below) and any other sums due to us under this user agreement; 

3.8.7  to handle any complaints made by buyers in relation to any listed products that they have received from you using our reasonable skill, care, and professionalism, and in compliance with applicable laws;

3.8.8  to handle the shipping of your listed products to the relevant buyers; 

3.8.9  to deal with and handle any returns by buyers of your listed products in accordance with this user agreement (including as set out in clause 3.18 below);

3.8.10  to refund buyers (including by charging your chosen payment method if we are not holding the relevant monies to be refunded to the buyer on your behalf) where required in order to comply with applicable laws or under clauses 4.6, 4.9, 4.11, or 4.13 below;

3.8.11  to arrange and undertake the cleaning of products that you provide to us if they have not been provided to us in a suitably clean condition in accordance with clause 3.7 above; 

3.8.12  if we have made a donation proposal to you in respect of a product that you have provided to us and you have accepted this in writing, to arrange for that product to be donated free of charge to a charity that we will choose on your behalf; and

3.8.13  to charge your chosen payment method for any charges and fees that you owe to us under this user agreement or in relation to our services or your use of this website (and we will notify you of these charges if they are due to us). please note that you are still required to pay any and all unpaid sums that you owe to us even if these cannot be processed by us (or our appointed payment processor) through your chosen payment method, and we reserve the right to seek reimbursement from you in relation to those unpaid amounts plus any reasonable additional costs that we incur in seeking such reimbursement.

3.9  if any of your products are sold to a buyer through our website or services, the buyer-seller contract in respect of that product is between you and the buyer only. we are not a party to any buyer-seller contract. while we may help facilitate the resolution of any disputes between you and any buyer, you acknowledge and accept that we have no control over and do not ourselves guarantee: (i) the existence, reliability, or trustworthiness of any buyer; (ii) the ability of any buyer to pay for any listed product; or (iii) that a buyer will actually complete a transaction with you or return any listed product to us on your behalf. although we aim to verify the accuracy and truth of the information provided by our users, we cannot and do not confirm (and are not responsible for ensuring) the accuracy or truthfulness of any of our users' purported identities or the validity of the information which they provide to us or post on our website. you alone are responsible for any non-conformity or defect in (and any other safety concern related to) any of your listed products, except to the extent that this is caused by anything that we have done wrong that contravenes applicable laws or that breaks this user agreement. if a buyer makes a claim or brings proceedings against us (rather than against you) for anything you have done (or failed to do) in relation to the buyer-seller contract that you have entered into with that buyer, then you will, as soon as we demand that you do so, pay to us as a debt all reasonable costs that are allowable by the courts to be paid to us that we incur or suffer directly as a result of, in connect with, any such claim or legal proceedings brought against us by a buyer (provided that we use our commercially reasonable efforts to mitigate these costs).

3.10  if you sell a product to a buyer through our website or services, you will not receive the product price proceeds immediately. except in certain circumstances (for example, where the relevant listed products cannot be returned for hygiene reasons, such as unsealed swimwear), buyers are entitled, under the terms of this user agreement, to change their mind about their purchases of listed products via our website, provided they submit a cancellation request (in the manner described in clause 4.9 below) within 14 calendar days of the day on which the listed products that they ordered are delivered to them (unless their order is split into several different deliveries over different days, in which case the relevant period is 14 calendar days after the day the last instalment of the order was delivered to the relevant buyer). if a buyer changes their mind and submits a valid cancellation request within these timescales (the “cancellation period”), then you authorise us to refund the product price paid by the relevant buyer to that buyer on your behalf, and we will refund the buyer in this way and the relevant listed product will (subject to clause 3.18 below) be relisted on our website (and you will not be charged any commission fee in respect of the cancelled buyer-seller contract). if the buyer does not change their mind about the purchase and does not submit a cancellation request within the cancellation period, then we will remit the product price to you (minus the commission fee, as described in clause 3.11 below, and any other sums that you owe to us under this user agreement) to your nominated bank account linked to your account on the first remittance date following the end of that cancellation period (there are at least two remittance dates per calendar month, which are the 15^th and the 30^th). please note that, once we have remitted these monies to your account, it may take up to a further 5 working days for those monies to appear in your bank account. as stated in clause 3.12 below, you will need to have registered for an account on our website in order for us to remit the product price to you. we are not responsible for our failure to remit the product price to you by the next remittance date if you have not set up an account on our website by that date.

3.11  we will charge you a fee for each buyer-seller contract that you enter into. if you establish a buyer-seller contract and sell a listed product to a buyer, we will charge you a fee (a “commission fee”) calculated on the basis of the policy set out here (the “commission fee policy”) that is in force at the time that buyer-seller contract is entered into. we will deduct the commission fee (and any other sums that you owe to us under this user agreement) from the product price monies collected by us on your behalf from the relevant buyer before remitting the product price to you in accordance with clause 3.10 above. 

3.12  you must set up an account on our website once any product that you have submitted to us is listed on our website or once you have submitted any product to us under clause 3.20. you will need an account on our website as a seller in order for you to pay fees to us under clause 3.13 and for us to remit the product price to you (as set out in clause 3.10 above). if you do not set up an account within 14 calendar days of our notification to you that a product of yours has been listed on our website, then we will remove the relevant listing and clauses 3.4.3(i)(a), 3.4.3(i)(b), and 3.4.3(ii) will apply. your access to and use of your account on our website is governed by our website terms of use.

3.13  paying our fees. you must maintain a valid payment method linked to your account on our website at all times. you acknowledge and confirm that all information that you provide to us (or any payment processor appointed by us) concerning your chosen payment method is accurate, current, and complete and that you have the legal right to use that payment method. you are responsible for paying to us any and all administration fees, listing fees, return duties, cleaning fees, return fees, commission fees, and other sums due to us under the terms of this user agreement and arising out of all buyer-seller contracts that you enter into as a result of using our website or services (even if the terms of those buyer-seller contracts are finalised or payment is made outside of our website). if, when any sum is due to us under this user agreement, you do not have enough funds linked to your account or we are unable to charge your chosen payment method, you are still required to pay any and all unpaid sums that you owe to us even if these cannot be processed by us (or our appointed payment processor), and we reserve the right to seek reimbursement from you in relation to those unpaid amounts plus any reasonable additional costs that we directly incur in seeking such reimbursement. in addition, if your payment method fails or your account is overdue, we reserve the right to limit or suspend your use of our website and any services that we provide to you. all fees that we charge to you in relation to our services under this user agreement in respect of a particular product will be charged in either gbp or eur, depending on your preferred currency as communicated by you to us (or, if you did not express a preference, this will be given to you in gbp if you are resident in the uk or in eur if you are resident in the eea). please note that if that currency is not your local currency, then the amount charged to your card will be calculated in accordance with the applicable exchange rate on the day your card issuer processes that transaction and you may be charged additional foreign currency transaction fees by your payment provider. we are not responsible for any such foreign currency transaction fees. please contact your payment provider if you have any questions about these fees or the applicable exchange rate.

3.14  taxes. unless otherwise specified under applicable laws, you alone are responsible for the collection, reporting, and payment of all applicable taxes (as well as any penalties, fines, charges, or late payment interest related to those taxes) relating to any sales of your listed products through our website or services. to the extent that any such taxes, penalties, or interest are levied upon us by a competent tax authority due to your failure to pay them, then, to the extent allowed by law, you will pay to us promptly on our demand as a debt any such taxes, penalties, or interest incurred by us.

3.15  if we lose or damage a product that you have provided to us as a seller before it is sold. you alone are responsible for any risk of loss of, or damage to, any product until: (i) we have collected it from you in the course of providing our concierge service; or (ii) you have, using our consignment service, dropped it off to one of our drop-off points or sent it in to us in accordance with clause 3.4.1 above, provided that, in doing so, you have followed our instructions that we have given to you. we will, from that point onwards, assume and be responsible for this risk of loss of, or damage to, the product while it is in our possession. if a product is lost or damaged while we are in possession of it and it has not yet been sold to a buyer, then we will reimburse you for the product price of that product as stated in the relevant listing at the time the loss or damage occurred (or, if that product price has not yet been determined, then we will reimburse you for the estimated proceeds of that product’s sale via our website or services, unless the product was in an unsellable condition at the time it was lost or damaged through no fault of our own, in which case we will reimburse you at a valuation consistent with the estimated proceeds of that product’s discounted sale, in which case you may be required upon our request to supply additional information or documentation in order to help us to determine that discounted value). if a listed product is lost or damaged while it is under our possession or control after you have entered into a buyer-seller contract in respect of that listed product and the relevant buyer has already paid the product price in full and cleared funds for that listed product, then we will still remit the product price paid by the buyer to you (minus the relevant commission fee, in accordance with clause 3.11 above) and you authorise us to compensate the relevant buyer directly by paying to them (at our expense and on your behalf): (i) a full refund of the product price paid by that buyer if the listed product is lost or is not delivered to the buyer within 30 days of the buyer having paid in full for it, or a buyer finds a problem with it within 30 days of receiving it; or (ii) to the extent that the listed product has sustained minor damage that does not affect its useability and the buyer agrees to this in writing, a partial refund of the product price. 

3.16  product prices stated in each listing will be in both gbp and eur, but this will not affect the amount we remit to you once your listed product is sold. as explained in clauses 3.3.2, 3.3.4, 3.4, and 3.4.3 above, you may stipulate whether you wish to sell your listed product via our website or services in gbp or eur (or, if you do not communicate any preference to us regarding which currency you would like to sell your listed product in, then this will be gbp if you are resident in the uk or eur if you are resident in the eea). if your selected or deemed currency for the sale of your listed product is gbp, then we may also (and you authorise us to) state an approximate equivalent price in eur in the relevant listing. likewise, if your selected or deemed currency is eur, then we may also (and you authorise us to) provide an approximate equivalent price in gbp. please note that our approximate currency conversions are based on various publicly available sources and should be used as guidelines only, as they are not updated every day (and we do not guarantee their accuracy). however, if a buyer purchases your listed product in a currency that is not your selected or deemed currency, this will make no difference to the amount we remit to you under clause 3.10 above, as we will always remit the product price to you (minus any applicable fees as stated in this user agreement) in your selected or deemed currency. this means you will not incur or suffer any loss as a result of a buyer choosing to purchase the relevant listed product via our website in the alternative currency due to fluctuations in currency exchange rates.

3.17  removal of and revisions to listings. we may remove any listing, or take any other action to restrict access to that listing or restrict the availability of that listing, if we reasonably consider that: (i) that listing is inaccurate; (ii) that listing or the listed product to which it relates no longer complies with our acceptance criteria or applicable laws or the terms of this user agreement or our website terms of use; (iii) you have broken this user agreement or this user agreement has otherwise come to an end in accordance with clause 7 below; or (iv) that listing or the listed product to which it relates contains any defamatory or obscene materials or violates or infringes anyone else’s rights (including, but not limited to, anyone else’s copyrights, trade marks, design rates, database rights, or other intellectual property rights). we may also remove the relevant listing for one of your listed products if you have not registered an account on our website (through no fault of our own) within 14 calendar days of the relevant listing having gone live on our website, as per clause 3.12 above. listings may also be removed once the relevant listed product is sold to a buyer. if we remove a listing in accordance with this clause 3.17, then you will still have to pay to us any fees in respect of that listing that are due to us under this user agreement. we may also at any time revise, modify, edit, or amend any listing to supplement, remove, or correct any information in it. if we remove or revise any listing, or take any other action to restrict access to that listing or restrict the availability of that listing, then we will notify you and indicate the reason and any options to appeal, except where we reasonably believe that doing so could hinder any investigation or prevention of deceptive, fraudulent, or illegal activity or enable you to circumvent our safeguards. please note that your payment of any fees to us under this user agreement does not mean that you purchase exclusive rights to any webpage on our website or any listing.

3.18  what happens if a buyer wishes to return one of your listed products. if a buyer wishes to make a valid return of a listed product, we will relist that product on our website if the full 12 months of the listing period described in clause 3.3.10 above had not elapsed prior to the purchase by the buyer who wishes to return the product (in which case, the listing will be reposted on our website for the unused period of time remaining under the original listing period). if there is no remaining time left under the original listing period, then clause 3.3.12 above will apply.

3.19  returning products to you. if we have determined, or you have requested, that a product is to be returned to you under clauses 3.3.4(ii), 3.3.12, 3.4.3(ii), or 3.18 above or under 3.20.8(ii) below but you have not paid any applicable return fee return duties and/or administration fees (“outstanding fees”) due to us under this user agreement) within 30 calendar days of our notification to you that this is due and payable to us, then we may decide (at our option) to:

3.19.1  return the relevant product to you in any event and require you to pay to us, as soon as we demand such payment, the outstanding fees to us as a debt (and, if you do not do so, we reserve the right to recover these sums from you in addition to our reasonable costs in attempting to recover those sums, including by way of debt recovery agents); or

3.19.2  send to you a written notice stipulating: (i) which of your products are still in our possession; (ii) the address at which those products are stored; (iii) that the products are ready to be delivered to you or collected by you from our premises; (iv) the sums you owe to us under this user agreement in respect of those products in order for us to release these to you; (v) the final date by which you must have paid those sums to us and taken delivery of the products (or collected the products from us), which date will be after you have had a reasonable time to have had an opportunity to collect or take delivery of those products; and (v) our intention to sell or otherwise dispose of those products on or after that date (and, if we do not hear from you by that date, we may sell or otherwise dispose of those products); and

if we return a product to you under clauses 3.3.4(ii), 3.3.12, 3.4.3(ii), or 3.19 above or under 3.20.8(ii) below but you do not receive it within 30 days, or it arrives in a worse or more damaged condition than it was in at the time you had originally provided us with that product, please let us know using our contact details. we will then ask you to provide photographic evidence of any alleged damage to the product so that we can assess your claim. provided you do this (if applicable), then we will reimburse you for the product price of that product as stated in the relevant listing at the time the loss or damage occurred (or, if that product price had not yet been determined, then we will reimburse you for the estimated proceeds of that product’s sale via our website or services, unless the product was in an unsellable condition at the time it was lost or damaged through no fault of our own, in which case we will reimburse you at a valuation consistent with the estimated proceeds of that product’s discounted sale, in which case you may be required upon our request to supply additional information or documentation in order to help us to determine that discounted value). 

3.20  you may be able to sell a product to us directly rather than to a buyer. we may offer via our website an option for you to sell a product to us directly instead of using our concierge service or our consignment service in order to sell it to a buyer. if this option (a “buy-out option”) is available and you select it, then: 

3.20.1  you will be asked to check that the product that you wish to sell to us directly using the buy-out option meets our acceptance criteria; 

3.20.2  we will require you to submit to us via our website certain product details (as described in clause 3.4 above), as well as photographs of that product (“product photos”) that meet the guidelines set out here; 

3.20.3  once you have submitted to us the relevant product details and product photos required under clause 3.20.2 above, we will consider your submission and, at our option, we will either:

(i)  let you know that we do not wish to purchase the relevant product from you (in which case the buy-out option in respect of that product will no longer be available to you); or

(ii)  provide you, on the basis of our review of your submitted product details and product photos only, a provisional and indicative price that we may (but do not guarantee to) pay to you if we were to purchase the relevant product from you (the “provisional price”), but please note that the provisional price is indicative only and is subject to our further quality control and authentication checks and assessments described in clause 3.20.5 below, and does not constitute any definitive offer to purchase the relevant product from you (and you agree that you will not rely on the provisional price);   

3.20.4  if, after we have communicated the provisional price to you, you decide that you are still interested in selling the relevant product directly to us via our buy-out option, then we will ask you to send that product to us (together with any relevant accessories or materials that we need in order to make use of the product) either by dropping it off at an accepted drop-off point (as communicated to you by us) or by sending it in accordance with the instructions that we give to you to an address that we will specify to you (and, if you do this, you will be responsible for the costs of any packaging and ensuring that the packaging used is suitable and adequate to protect the product in question, but we will cover the cost of shipping the product to us by providing you with a pre-paid shipping label and we will be responsible for obtaining any necessary import licences or permits if they are needed to allow the product to be shipped overseas to us, and we will also be responsible for and cover the cost of any customs duties, clearance charges, and other amounts payable in connection with sending the product to us overseas); 

3.20.5  once we receive the relevant product (together with any relevant accessories or materials) from you, we will perform quality control, authentication, and safety checks on that product;

3.20.6  after we have undertaken the checks and assessments described in clause 3.20.5 above, we will let you know within a reasonable time that:

(i)  we are satisfied with the condition of the product and that, in our reasonable opinion, the product conforms with the product details and product photos that you submitted to us under clause 3.20.2 above, and we will make an offer to you to purchase the product from you at a sum equal to the provisional price; or

(ii)  in our reasonable opinion, the condition of the product does not entirely conform with the product details and product photos that you submitted to us under clause 3.20.2 above, but we would nonetheless be willing to purchase the product from you at a revised price (as stipulated by us) that differs from the provisional price (the “adjusted price”), and we will make an offer to you to purchase the product from you at the adjusted price; or  

(iii)  the product has failed the checks and assessments described in clause 3.20.5 above (or otherwise does not meet our acceptance criteria), in which case (unless we have determined that the product is counterfeit and we are required under applicable laws to submit that product to the relevant law enforcement, regulatory, or governmental authorities) clause 3.20.8(ii) below will apply;

3.20.7  if we may make any offer to purchase at product from you under clause 3.20.6(i) or clause 3.20.6(ii) above (a “buy-out offer”), then you will have 14 calendar days from the date of that buy-out offer to accept it via our website or otherwise by letting us know in writing;

3.20.8  if you decline a buy-out offer made by us or do not accept it within the time period stipulated in clause 3.20.7 above, then:

(i)  provided we have not determined that the relevant product is counterfeit, inauthentic, stolen, or otherwise in contravention of applicable laws, we may make a donation proposal to you in respect of that product, in which case you will have 14 calendar days from the date of our donation proposal to confirm to us in writing whether you would like us to arrange (on your behalf and at no further cost to you) for the relevant product to be donated free of charge to a charity that we will choose on your behalf, and, if you give written confirmation to us within that time period that you would like us to do this, then you authorise us to donate the relevant product free of charge to any such charity and we will have no further obligations to you under this user agreement or otherwise in respect of that product (and you acknowledge, understand, and accept that, once we have made that donation, the relevant charity will own that product and can choose to do what it wishes with it); or

(ii)  if clause 3.20.6(iii) above applies, or you do not agree to any donation proposal that we make under clause 3.20.8(i) above or do not respond to it within the relevant time period for acceptance (or we notify you that we do not intend to make any such donation proposal), then, in order to return the product to you, we will charge to you: (a) a fee to return the relevant product to you at your cost via our nominated carrier on the basis of our stipulated delivery rates (a “return fee”); (b) an administration fee to cover our reasonable costs in undertaking our quality control, authentication, and safety checks on that product (an “administration fee”), which will be determined on the basis set out in our additional charges information; and (c) any applicable customs or import charges or duties that we have to pay in order to return the product to you (“return duties”), and we will not arrange for the relevant product to be returned to you unless and until you have paid the return fee, administration fee, and return duties to us in full and cleared funds (and, if required under applicable laws, we may notify any relevant law enforcement, regulatory, or governmental authorities about the relevant product if we determine that it is counterfeit or stolen); and

3.20.9  if you accept a buy-out offer within the time period stipulated in clause 3.20.7 above, then a legally binding agreement will come into effect between you and us under which you agree to sell the product in question to us at the relevant price described in clause 3.20.6(i) or clause 3.20.6(ii) (as applicable), and once we have paid that price to you, then you acknowledge, agree, and accept that, from that point onwards, we will own that product and can choose to do what we like with that product. this may include reselling that product to a buyer via our website in accordance with clause 4.14 below (in which case, you will not be entitled to any portion of any proceeds we make from that resale). if we purchase a product from you under this clause 3.20 and become the owner of it, then, from that point onwards, we will no longer be required to provide any further services to you in respect of that product under this user agreement or otherwise.

3.21  we may at our option offer to purchase a product from you directly. if you submit a concierge service request or consignment service request, we may (but do not have to) offer you the opportunity to sell the relevant product directly to us. if we make any such offer to you, you will have 14 calendar days from the date of that offer to accept it via our website or otherwise by letting us know in writing. if you do accept this offer within that time period, then a legally binding agreement will come into effect between you and us under which you agree to sell the product in question to us at the price that we agreed in advance with you. once we have paid that price to you, then you acknowledge, agree, and accept that, from that point onwards, we will own that product and can choose to do what we like with that product. this may include reselling that product to a buyer via our website in accordance with clause 4.14 below (in which case, you will not be entitled to any portion of any proceeds we make from that resale). if we purchase a product from you under this clause 3.21 and become the owner of it, then, from that point onwards, we will no longer be required to provide any further services to you in respect of that product under this user agreement or otherwise.

3.22  we may make your products available for sale on your behalf outside of the website. by entering into this user agreement, you agree that we may (and you authorise us to) make available for sale any listed product that you have requested us to list on our website via our concierge service or consignment service at any physical or pop-up retail store or concession that we operate in the uk or eea. if any of your listed products are sold in this way, then, as soon as they are sold at the physical or pop-up retail store in question, the relevant listing will be removed from our website and a legally binding buyer-seller contract will immediately be created between you and that buyer under which you must sell that listed product to that buyer at the product price. you acknowledge, agree, and confirm that you will at all times comply with all applicable laws (including, but not limited to, in relation to the sale of goods by you to others) when performing your obligations under each buyer-seller contract that you enter into with a buyer in this way. upon any such buyer-seller contract being created in this way, clause 3.9 above will apply (and you will receive the relevant product price, minus any fees due to us under this user agreement, in accordance with clauses 3.10 and 3.11 above). 

3.23  our relationship with you. you acknowledge, understand, and accept that we are contracting with you independently, and nothing in this user agreement will be construed to create any legal partnership, joint venture, agency (save as set out in clause 3.8 above), franchise, sales representative, or employment relationship between rlvd.com and you. we do not give you any authority or approval to make any statements to anyone (including any buyer) on our behalf and you will not make any statement to any buyer that contradicts anything contained in this user agreement.

4.1  searching for products using our website. we strive to help you find products that you are looking for on our website. when you search for products on our website, the way in which results are displayed to you (including the order in which they are presented) will depend on a variety of factors, such as (but not limited to): 

4.1.1  how recently the listing went live on our website (by default, unless you adjust the display order, newer listings are ranked higher); 

4.1.2  search queries that you enter into our website (we aim to match listings that are directly relevant to the search terms, options and filters that you select; for example, you could choose to search for “shoes” that are within a certain price range, sold in a certain condition (e.g. new or used) and available in a certain location);

4.1.3  the geographic proximity of a particular seller to you;

4.1.4  your previous search history on rlvd.com and general browsing history (as rlvd.com may obtain via cookies); 

4.1.5  whether particular categories of products are selected by our website’s content editors; 

4.1.6  the nature, size, (sub)category, targeted gender, product price, and condition of the relevant listed product; and

4.1.7  whether a particular seller has paid for our premium listing features (business partners may choose to pay us to increase the visibility, and boost the ranking, of their listings, including (but not limited to) by requesting that we feature their products in certain promotions related to particular categories or brands or seasonal sales events);

4.1.8  the price and delivery cost of a listed product; and

4.1.9  the end time of a particular listing. 

4.2  how to purchase a listed product. if you find a listed product that you like on our website and wish to purchase it, then you can place an order to purchase it via our website. once you have placed an order and completed the checkout process for that listed product, then: (i) if that listed product is not a rlvd-sold product, a legally binding buyer-seller contract will be created between you and the relevant seller under which you must purchase that listed product from that seller at the product price (in the currency displayed to you on our website at the time you purchased that listed product); or (ii) if that product is a rlvd-sold product, a legally binding contract will be created between you and us under which you must purchase that rlvd-sold product from us at the product price. you are responsible for reading the full listing before you commit to purchase the relevant listed product. 

4.3  except in respect of rlvd-sold products, the buyer-seller contract in respect of any listed product that you purchase through our website is between you and the relevant seller only. we are not a party to any such buyer-seller contract. while we may help facilitate the resolution of any disputes between you and any seller, you acknowledge and accept that we have no control over and do not ourselves guarantee the trustworthiness of any seller or any seller’s legal right to sell any listed product to you. if there is any non-conformity or defect or safety concern in respect of any listed product that you purchase under that buyer-seller contract, then the seller who sold that listed product to you is responsible, except to the extent that this is caused by anything that we have done wrong that contravenes applicable laws or that breaks this user agreement. please see clause 4.14 below for information on who you will enter into a contract with if you purchase a rlvd-sold product via our website.

4.4  listed products may vary slightly from their pictures. the images of listed products on our website are for illustrative purposes only. although we have made every effort to display the colours of listed products accurately on our website, we cannot guarantee that your device’s display of the colours accurately reflects the colour of those listed products. any listed product that you may receive after purchasing it via our website may differ slightly from those images.

4.5  if we or a seller cannot supply you with a listed product you wish to purchase. if this happens, you will be informed of this and will not be charged for the relevant listed product that cannot be provided to you. this will typically be because: (i) the listed product in question is no longer available; (ii) your payment cannot be authorised; (iii) you are not allowed to buy the listed product in question; (iv) if the listed product in question is not a rlvd-sold product, the relevant seller is not allowed to sell that listed product to you; or (iv) there has been a mistake on the pricing or description of the listed product in question (please note that, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, that listed product does not have to be provided to you at the incorrect price).

4.6  product prices. the price of each listed product indicated on our website will include any applicable value-added tax (“vat”) but does not include delivery/shipping costs, which will be stated on the pages displayed to you at the time you place your order for that listed product (the “delivery charge”). reasonable care is taken to ensure that the price of each listed productadvised to you is correct. if an error in the price of any listed product is discovered by us or the relevant seller after you place an order for it via our website, then you will be refunded any part of the product price that you have already paid for the relevant listed product. if the relevant listed product is relisted on our website with the correct price, then you can place an order for it under the new listing as set out in clause 4.2 above. listed products are made available for sale on our website in both british pounds sterling (“gbp") or euro (“eur”). when you first navigate to our website, you will be asked to choose whether to have the prices of all listed products displayed in (and whether to pay for them) in gbp or in eur. 

4.7  paying for products. if you purchase a listed product through our website, then your credit card or debit card will be charged by us (or by our appointed payment processor). we are authorised to collect the product price from you on behalf of any listed product you purchase via our website from a seller. your credit or debit card will also be charged by us (or by our appointed payment processor) for the delivery charge. please note that all payments made by credit or debit card will also need to be authorised by the relevant card issuer, and extra security steps may be required. if the relevant card issuer refuses to authorise payment, then you will not be able to purchase the relevant listed product and neither we nor any relevant seller will be responsible for any delay or non-delivery. neither we nor sellers are responsible for the relevant card issuer or bank charging you as a result of the processing of the credit or debit card payment. when you place an order and complete the checkout process for a listed product, then your card will be charged in the currency in which you selected to pay for that listed product, which will be either gbp or eur. if that currency is not your local currency, then the conversion of your local currency into that currency will be calculated in accordance with the applicable exchange rate on the day your card issuer processes that transaction, and your card issuer may charge additional foreign currency transaction fees to you in respect of that transaction. we are not responsible for any such foreign currency transaction fees. please contact your payment provider if you have any questions about these fees or the applicable exchange rate. any refund you receive in respect of a product you have purchased via our website will be made in the currency in which you paid the product price of that product. this may mean that, if that currency is not your local currency, you may sustain losses due to fluctuations in currency exchange rates applied to the refund by your payment provider. please check your payment provider’s currency conversion policy for information about the conversion rates applied to refunds denominated in currencies other than your local currency.

4.8  security of our payment mechanisms. we will do all that we reasonably can to ensure that all of the information that you provide when paying for products is secure by using an encrypted secure payment mechanism. however, in the absence of: (i) negligence on our part; (ii) any failure by us to comply with this user agreement or our privacy policy; or (iii) breach by us of our duties under applicable laws, we will not, to the extent permitted by applicable laws and subject to our responsibilities and obligations under applicable data protection laws, be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.

4.9  your right to change your mind. for most listed products sold by us (as described in clause 4.14 below) or by sellers (including business partners) through our website, you may change your mind (without giving any reason for doing so) within 14 calendar days of the day on which the ordered listed products were delivered to you (unless your order is split into several different deliveries over different days, in which case you can exercise this right until 14 calendar days after the day the last instalment of the order was delivered to you) and receive a refund. to exercise this right to cancel, you must let us know your decision to cancel your order by submitting a cancellation request via your account (or otherwise by getting in touch with us using our contact details) before the 14-day cancellation period described in this clause 4.9 has expired. your communication must be a clear statement in order to exercise your cancellation right, and you can (but do not have to) use the wording provided in the box below to make your cancellation request): 

 

cancellation request   i hereby give notice that i wish to cancel my contract of sale in relation to the following products that i purchased via www.rlvd.com on [please insert the date on which you placed the relevant order]: [please list the products here]. name: [please insert your full name] address: [please insert your address] products sold by: [please state ‘seller’ where sold by a private seller; ‘business partner’ where sold by a business partner, or ‘rlvd.com’ where sold directly by rlvd.com] date: [please insert the date on which you send this cancellation request]

 

please note that this right to change your mind does not apply in all circumstances. in particular, it does not apply to products you purchase via our website that fall into any of the following categories: (i) pierced jewellery items, swimwear, or underwear that are not still sealed or unused and are not still in the packaging in which they were shipped to you (for hygiene reasons); (ii) any item that has a protective seal or a label which has then been opened or broken; (iii) products that were delivered to you with tags attached and whose tags have subsequently been removed; (iv) products that, after they were delivered to you, have been washed, altered, or worn; and (v) made-to-measure items or other items made to your specification. if you do exercise your right to cancel under this clause 4.9, then (provided you have submitted a valid cancellation request), we will acknowledge this and provide you with instructions for returning the relevant listed product, which you must return as soon as possible (and in any event by no later than 14 calendar days after we provide those instructions to you). provided you do this, you will be reimbursed for the relevant items in that order, less the costs of delivery and return of the relevant listed product when arranged by us on your behalf. please keep a receipt or other evidence from the delivery service that proves you have returned a listed product that you have received and which proves when you sent it. a deduction may be made from the reimbursement for any loss in value of any listed product supplied because of the way you may have treated the product. you will be reimbursed no later than 14 days after the day on which the returned product is received, or, if earlier, no later than 14 days after the day that you provide evidence to us or to the relevant seller that you have returned the products to the correct address notified to you by us (or, if no products were supplied, no later than 14 days after the day on which you inform us about your decision to cancel the relevant purchase). your reimbursement will be made using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. in any event, you will not incur any transaction fees by us as a result of the reimbursement.

4.10  check the relevant listing to find out who is the vendor of a listed product. each listing will indicate whether the relevant listed product is being sold by one of our business partners or by a user who is a private seller or directly by us. please note that, while we do require our sellers who are private individuals to offer refunds in certain circumstances where you have changed your mind (as stated in clause 4.9 above), those private sellers are required to do so as a contractual obligation under this user agreement rather than under any other legal requirement. you will have fewer statutory rights against private sellers for any listed products you purchase from them than against business partners or against us (for example, private sellers who sell products to you via our website have no statutory obligation to ensure they are suitable for a particular purpose). the information in this clause 4.10 is not intended to be legal advice. we recommend consulting a consumer rights specialist or legal professional if you are unclear about your rights as a consumer buyer.

4.11  delivery of products. if you enter into a buyer-seller contract with a seller (or a contract with us as described in clause 4.14 below) for a listed product, then the relevant listed product will be dispatched after you have remitted the product price to us via your chosen payment method (which, in the case of products sold by a seller, we are authorised to collect on behalf of that seller). the estimated date for the delivery of each ordered listed product will be displayed to you when you complete the checkout process, together with the relevant tracking number (and we will also email the tracking number to you). please note that this is an estimated date only, and there is no guarantee that any listed product that you have purchased will be delivered by that date (however, reasonable efforts will be made to ensure it is delivered within 30 days after the day on which you enter into the relevant buyer-seller contract or the relevant contract with us under clause 4.14 below, as applicable, in respect of that listed product). any listed products that you purchase may be delivered in instalments. neither we nor any relevant seller can be held responsible if any local customs authorities wish to confiscate any particular listed product or charge any import duty or import vat, but, if any import duties or import vat applies, then (unless stated otherwise in the information displayed to you during the checkout process before you place your order) we will cover the cost of this and will be responsible for obtaining any necessary import licences or permits if they are needed to allow the product to be shipped overseas to you and for the cost of any customs duties, clearance charges, and other amounts payable in connection with sending the product to you overseas). neither we nor sellers are responsible for any delays in customs clearance. you must comply with all applicable laws and regulations of the country for which ordered listed products are destined, and we will not be responsible if you break any such law. if the delivery of any listed product that you purchase via our website is delayed by an event outside our (or a seller’s) control, then you will be contacted as soon as possible to let you know and steps will be taken to minimise the effect of the delay. provided this is done, neither we nor any seller will be responsible for any such delays caused by any such event. if no-one is available at your address to take delivery and the ordered listed product cannot be posted through your letterbox, a note will be left to inform you of how to rearrange delivery or collect the ordered listed product from a local depot. if, after a failed delivery to you, you do not rearrange delivery or collect the ordered listed product from a delivery depot, you will be contacted for further instructions and may be charged for storage costs and any further delivery costs. if, despite our and/or any relevant seller’s reasonable efforts, you are unable to be contacted or delivery/collection cannot be rearranged, then we may contact you to end the relevant buyer-seller contract (on the relevant seller’s behalf) or the relevant contract with us if the relevant listed product is a rlvd-sold product, in which case you will be refunded for the product price paid by you for the relevant listed product less the relevant restocking fees.

4.12  when you become responsible for and when you own a listed product that you purchase. you will become responsible for any listed product that you purchase via our website as soon as it is delivered to the address that you provided via our website to us for the purposes of your purchase. in other words, the risk in any ordered listed product passes to you when you take possession of it. however, you will not own any listed product delivered to you until and unless you have paid the relevant product price in full and we have collected the product price monies from you (which, in the case of a listed product that is not a rlvd-sold product, we will collect from you on behalf of the relevant seller).

4.13  if you have purchased a listed product via our website as a buyer and it arrives damaged or does not arrive at all within the anticipated delivery timescale. if this happens, please contact us using our contact details. we will then work with you (and, if applicable or appropriate, the relevant seller) to find a resolution, and you may be entitled to a full or partial refund depending on the circumstances. if a listed product that you have purchased via our website is not delivered to you within 30 days of you having paid the product price for it, or you discover that it is not as described in the relevant listing within 30 days of it having been delivered to you and you provide us with evidence (including full details and accompanying photographs) of this, including any relevant information that we reasonably request from you, then you may be eligible for a full or partial refund of the product price.

4.14  certain products that are available to purchase on this website are sold directly by us rather than by a seller. although most listed products that are available for purchase via our website are sold by sellers who use our website rather than directly by us, rlvd.com occasionally sells products directly to buyers itself (“rlvd-sold products”). the relevant listing will clearly state if a product is a rlvd-sold product. if it is, then the contract that you enter into as a buyer at the point at which you order that rlvd-sold product will be directly with us rather than any third-party seller. nothing in this user agreement will affect your statutory rights in respect to those rlvd-sold products. in particular, we are under a legal duty to ensure that rlvd-sold products that you purchase from us are as described, fit for purpose, and (subject to clause 4.15 below) of satisfactory quality. 

4.15  not all products sold via our website are brand new. as explained in clause 1.2 above, many listed products on our platform are previously owned or used and are second-hand goods (and this will be stated in the relevant listings). our sellers are required to ensure that all listed products provided to you match the descriptions of them in the relevant listings. however, you should not expect any listed product that is stated to be previously owned, second-hand, or used to be of the same quality as brand new items, as it may have imperfections and faults that are attributed to normal wear and tear and that are a result of its age and how it has been previously used. 

4.16  you must not abuse our returns policy. if we notice an unusual pattern of returns activity from you and we reasonably suspect that you may be using or wearing your purchases before returning them to us on several occasions, then we reserve the right to deactivate, disable, and/or terminate your account and/or access to our website and end this user agreement. if this happens to you and you think we have made a mistake, please get in touch with us using our contact details.

4.17  additional conditions relating to purchasing products through our website. if you use our website or any of our services to purchase any product, you agree, confirm, and declare that:

4.17.1  you will not breach or circumvent any laws, other persons’ rights, or our systems or policies or use our website or services for any illegal or fraudulent purpose;

4.17.2  you will not use our website if you are not able to form legally binding contracts with buyers (for example, if you are under the age of 18), or are temporarily or indefinitely suspended from using our website;

4.17.3  you will not transfer your rlvd.com account and/or user id (if you have one) to anyone else without our prior written consent;

4.17.4  you will not interfere with any listing;

4.17.5  if we disclose the contact information of any seller to you, then you will not use that information for any purpose other than in order to perform your obligations, and exercise your rights, under any buyer-seller contract that you have entered into with that seller;

4.17.6  you are a private individual acting as a buyer and you are not purchasing any product in the course of your trade, business, craft, or profession, or for or on behalf of anyone else;

4.17.7  you will not harvest or otherwise collect information about other users of our website (such as email addresses) without their express and informed consent; 

4.17.8  you will not (and will not attempt to) arrange or agree to purchase any product that you see listed by a seller on this website from that seller outside of our website or our services; and

4.17.9  you accept sole responsibility for the legality of your actions under laws applying to you when using our website.

5.1  we are not responsible for all losses caused by us or our website or services. if we fail to comply with this user agreement, we are only responsible for loss or damage that you may suffer if it is a foreseeable result of our breaking this user agreement or our failing to use reasonable care and skill. loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. subject to clause 5.4 below, we are not responsible for losses that you suffer that are caused by us if it was not obvious that those losses would happen and nothing that you said to us before you entered into this user agreement meant we should have expected it to happen (i.e. the loss was unforeseeable). we are also not responsible for losses caused by a delaying event outside our reasonable control or which are the result of something you could have avoided by taking reasonable action.

5.2  if we visit you in person. if we or any of our representatives visit you at an address specified by you in order to provide the concierge service, then, subject to clause 5.4 below, we will not be responsible for any loss of or damage to your property or to any premises unless we caused it, or for any loss or damage that you may suffer as a result of any delayed, rearranged, or cancelled appointments or visits. subject to clause 5.4 below, we will also not be responsible for any damage to your property or any premises as a result of moving any products under your express instruction and against our advice and where to move those products in the way you have instructed us to do so will likely cause damage.

5.3  if, as a buyer, you enter into a buyer-seller contract with a seller whose access to, or use of, our services and/or website has been suspended, restricted, or terminated, we are not responsible to you if the seller is unable to perform that buyer-seller contract. if, in these circumstances, you are a buyer and have already paid the product price for a listed product made available by a seller whose user agreement with us has been ended or whose access to or use of our services or website has been limited, suspended, or terminated, and we have not already remitted the product price monies paid by you to the relevant seller, then we will let you know in writing and ensure that the product price is refunded to you.

5.4  we do not exclude or limit in any way our liability to you where it would be unlawful to do so. this includes our liability for any: (i) death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) breach of any of your statutory rights.

5.5  we are not responsible for business losses. under this user agreement, you may only use our website and services for domestic and private use. if you use our website or services for any commercial or business purpose, we will have no liability to you or to anyone else for any: (i) loss of profit or revenue; (ii) loss of business; (iii) business interruption; (iv) wasted expenditure; (v) loss of business opportunity or contract; (vi) loss of production; (vii) harm to reputation or loss of goodwill; (vi) loss or corruption of, or damage to, software, data, or information; or (vii) indirect, consequential, or special losses.

6.1  we will try to resolve any complaints or disputes with you quickly and efficiently. if you are unhappy with our service to you or any other matter for which we are responsible, please contact us as soon as possible using our contact details. if we cannot resolve any dispute with you via our internal complaint handling procedure, we will let you know this in writing. 

7.1  we may end our contract with you under this user agreement if you break it. we may end this user agreement with you at any time by writing to you and/or limit, suspend, or restrict your access to our website and our services if:

7.1.1  you break any of part of this user agreement or our website terms of use in a serious and non-minor way and: (i) it is impossible for you to put things right; or (ii) if you are able to put things right, you have not done so within 7 calendar days (or such other longer period as we specify) of us asking you to do so;

7.1.2  we reasonably consider that doing so will improve the security of our website;

7.1.3  we reasonably believe that you are in violation or infringement of anyone else’s rights;

7.1.4  despite our reasonable efforts, we are unable to verify or authenticate any information you provide to us;

7.1.5  we reasonably believe that you are acting inconsistently with the letter or spirit of this user agreement or our policies;

7.1.6  you have been the subject of more than 1 complaint submitted to us by another user of our website within any 3-month period and we reasonably consider those complaints to have been made legitimately;

7.1.7  you abuse any of our staff or representatives who visit your property in order to provide our concierge service, or otherwise act in a way towards our staff or representatives that we reasonably consider to be inappropriate;

7.1.8  you become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;

7.1.9  we reasonably believe that you are using our website or our services in order to undertake an illegal or fraudulent activity;

7.1.10  we reasonably believe that, as a seller, you are not permitted to sell any product that you request to be listed on our website; 

7.1.11  we are entitled to do so under clause 4.16 above; or

7.1.12  you fail to make, or it is reasonably obvious that you are unable to make, full payment of any fees that you owe to us under this user agreement by the relevant due date.

7.2  your rights to end this user agreement as a seller. if you are a seller, then you can end this user agreement with us in one of the ways set out in this clause 7.2. 

7.2.1  you can end this user agreement at any time by contacting us using our contact details within a period of 14 calendar days (the “cooling-off period”) of the date on which you entered into this user agreement (which date will be at the time described in clause 2.2 above). if you do this, then we will fully reimburse you for any sums that you have paid to us prior to the end of the cooling-off period, unless you gave to us your express written consent to start providing the concierge service or the consignment service to you as soon as you submitted your concierge service request or consignment service request (as applicable) to us, in which case you will lose the right to be fully reimbursed and we will charge you for the full cost of the services that we have provided to you up to and including the date on which you end this user agreement under this clause 7.2.1. 

7.2.2  you may end your user agreement with us at any time after the cooling-off period is over by deactivating your account with us via your account settings on our website provided: (i) you have no listed products on our website; (ii) you have no outstanding or incomplete buyer-seller contracts that you are required to fulfil; (iii) more than 90 days have passed since your last buyer-seller contract was completed; and (iv) your account balance with us is zero, and there are no outstanding buyer-seller contracts or outstanding payments or refunds due.

7.3  your right to end this user agreement as a buyer. if you are a buyer, you may not end this user agreement yourself until and unless you have completed all your obligations under any buyer-seller contract and under any contract with us to purchase a rlvd-sold product. once you have done so, you may end your user agreement with us by closing your account on our website (or, if you do not have an account, by notifying us in writing using our contact details that you wish to end this user agreement). 

7.4  if you end your contract with us as a result of changes to this user agreement. if you attempt to close your account or otherwise end this user agreement within the rejection period as a result of your rejection of any changes we make under clause 2.5 above but you still have outstanding or incomplete buyer-seller contracts that you are still required to fulfil after the rejection period or, by the end of the rejection period, fewer than 90 calendar days will have passed since your last buyer-seller contract was completed, then your account will remain open (and this user agreement will remain effective) until the date on which all such buyer-seller contracts are completed and 90 calendar days have passed since the completion of your last buyer-seller contract (the “postponed end date”) and this user agreement will end automatically on the postponed end date. after the end of the rejection period, however, you will no longer be able to have any further products listed for sale on our website or through our services or purchase any products through our website.

7.5  if we end our contract with you. if we end our contract under this user agreement with you, then your account (if you have one) will be closed and you will no longer be able to use our website or our services, and we reserve the right to refuse your use of our services or website again and to terminate any new account that you attempt to set up on our website. if you believe that we have terminated our contract with you a way that is not permitted under applicable laws or under this user agreement, then you may file a complaint with us in accordance with clause 6 above. 

7.6  our right to receive money owed to us. if our contract under this user agreement with you is ended, it will not affect our right to receive any money which you owe to us under this user agreement.

8.1  your privacy and personal information are important to us. we will only use your personal information as set out in our privacy policy and cookie policy. these explain what personal information we collect from you, how and why we collect, store, use, and share such information, your rights in relation to your personal information, and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

9.1  we may transfer our rights and obligations under this user 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 user agreement.

9.2  you need our consent to transfer your rights or obligations to someone else. you may only transfer your rights or your obligations under this user agreement to another person if we agree to this in writing. 

9.3  nobody else has any rights under this user agreement. no person other than you and rlvd.com will have any rights to enforce any of the provisions in this user agreement.

9.4  if a court finds any provision of this user agreement unlawful, the other provisions will continue in force. each clause in this user agreement operates separately. if any court or relevant authority decides that any of them is unlawful, the other clauses will remain in full force and effect.

9.5  even if we delay in enforcing our rights under this user agreement, we can still do so later. if we do not insist immediately that you do anything you are required to do under this user agreement, or if we delay in taking steps against you in respect of your breaking this user agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

9.6  which laws apply and where you may bring legal proceedings. this user agreement is governed by english law. you can choose whether to bring a claim in the courts of england and wales or in the courts of another part of the uk or eea country in which you live. we can claim against you in the english courts or in the courts of the country in which you live.