Terms & Conditions Of Use

Date of last revision: 1st December 2017

These Terms and Conditions ("T&Cs") and any documents referred to within, apply to your use of the www.vintage-clothing.co.uk website (“The Site”). If you do not agree to these terms you should not access or view The Site.

The Site is operated by Swapz Limited (company number 04304506) whose registered office is at Summit House, 170 Finchley Road, London NW3 6BP, UK.

1. Other applicable terms

These T&Cs refer to and incorporate the following additional T&Cs, which also apply to your use of The Site.

Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you or that you provide to us. By using The Site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie Policy , which sets out information about the cookies on The Site.
Our Rules, which apply to your interactions with The Site, including what you may list on The Site, any content which we may permit you to upload and any contact which you may make with other users of this Site.

2. SERVICES

We provide an online venue through which individuals can buy and sell items and communicate with one another in public and in private.
From time to time vintage-clothing.co.uk may also make available to our users certain additional-services subject to charges that will be clearly published on the site. Although vintage-clothing.co.uk is available in a full functioned version to use completely free of charge, these additional charges will be for additional functionality.
You undertake to comply with all applicable laws and regulations in connection with your use of the Services.

3. OUR FUNCTION

Our Site is an online venue for individuals to buy and sell items to or with other individuals. We are not a party to any transaction between a buyer and a seller except for the platform we provide to facilitate transactions. We do not buy or sell or purport to buy or sell any of the items listed on The Site.
We do not pre-vet, or pre-moderate, any items listed on The Site or any parties who you may deal with on The Site. We shall not be obliged to engage in any dispute between buyers and sellers. You are solely responsible for vetting the parties that you deal with.

4. REQUIREMENTS TO USE THE SERVICES

To use The Site, you must register with us by completing the registration form after clicking "REGISTER" or registering using an acceptable third party service such as Facebook Connect or Twitter.
The Site is not intended for use by children under the age of 18 years old. If you are under 18, a parent or guardian (who is 18 or over) must register to use The Site on your behalf. Your parent or guardian shall be responsible for supervising your use of The Site at all times and ensuring that you comply with these T&Cs. Vintage-Clothing.co.uk shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.
Business sellers are permitted to use The Site however, their listings must show the Business option available when listing items. This is because when business sellers transact with consumers they are subject to more legal requirements than non-business sellers. By using The Site you warrant that you will show that you are a business seller where applicable.
You undertake to keep up to date all information about you on The Site.
You warrant that any information you provide to us is true, accurate and complete.

5. YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and we recommend that you log out from your account at the end of each session.
You must immediately notify us by using the contact form if you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorised use of your password or account or any other security breach.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these T&Cs.

6. CONTENT YOU PROVIDE, FEEDBACK AND MESSAGING THROUGH THE SITE

Any content you provide to us or any contact you make with other users, whether privately or publically, must comply with our Rules.
You warrant that any such content or contact complies with the Rules and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
You grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us, including without limitation content you post in any listing and pictures of listed items.

7. RULES FOR LISTING ITEMS

These apply to all items you offer for sale through The Site:
You must ensure that such items comply with our Rules. Note that you may not list certain categories of items
You must be the legal and beneficial owner of any items you list and have the right to sell them;
The sale of such items must not infringe the rights of any third party; and must not breach any applicable local, national or international law or regulation.
To list an item you must complete the listing process an item placement questionnaire and provide the information required for all items that you offer for sale on The Site in accordance with our Rules.
By listing an item you confirm that the item with all descriptions you append to it, including the category in which you list the item and any photograph of the item. These will then form the terms on which you offer the item for sale.
When you submit the item via the listing process, be deemed to be a "Listing".
You may amend the description or price of any Listing for sale at any time before you have entered into a contract to sell the relevant item.
You may remove a Listing Item from The Site at any time before you have entered into a contract to sell the relevant item.

8. BUYING AND SELLING

If you are buying or selling a Listing Item you agree the terms related to such transaction directly with the other party to the transaction. You are solely responsible for such transaction.

GENERAL

9. REMOVAL, WARNINGS, BLOCKING, SUSPENSION AND TERMINATION

We may at our option, issue warnings, suspend, block or terminate your access to The Site or remove any content uploaded, including without limitation, any Listing Item if:

you are in breach of these T&Cs;
you act in any manner which we consider damages our reputation;
you use The Site in a manner which we consider to be fraudulent.

10. ACCESS TO THIS SITE AND ITS SERVICES AND CONTENT

We do not guarantee that The Site, its services or content on it, will always be available or be uninterrupted.
We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of The Site or content on it, and to restrict or prohibit access to it.

11. VIRUSES

We do not guarantee that The Site will be secure or free from bugs or viruses.
You are responsible for configuring your IT, hardware and software in order to access The Site. You should use your own virus protection software.
You must not misuse The Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to The Site, the server on which The Site is stored or any server, computer or database connected to The Site.
You must not attack The Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this section, you would commit a criminal offence under the Computer Misuse Act 1990.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use The Site will cease immediately.

12. LIABILITY

1 Nothing in these Terms limits or excludes our liability to you for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any other type of liability which cannot by law be excluded or limited.

2 We make no warranties or representations, whether express or implied that The Site, any content and the Services on it:

are accurate, complete, up-to-date or suitable for any purpose; or
are free of error or omission.

3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to The Site, any content or the Services on it, whether express or implied.

4 We provide an online facility to introduce individuals to one another to enable the purchase or sale, of items between them and to allow them to communicate with one another in public and in private. Buyers and sellers and are solely responsible for transactions entered into using The Site.

Vintage-Clothing.co.uk is only a Venue and we do not operate any guarantees or refund schemes.

The Site acts as the venue for members to list and buy and sell items. We are not involved in the actual transaction between members. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of members to complete transactions. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.

5 We are not responsible for any action or inaction of users of The Site or content provided by users of The Site including, without limitation:

the descriptions or photos of items, including their accuracy and completeness;
the quality, legality or safety of the items;
the seller’s ownership/title in the items;
any seller’s or buyer’s right to enter into a sale or the rights of the parties to enter into such transaction.

6 You agree to indemnify us for any loss, liability, cost or expense for any third party claim arising from or connected to your misuse of the Site or Services or any use which is in breach of these Terms.

7 In respect of any dispute you may have with another user of The Site, you agree to:

waive any claim you may have against us in connection with such dispute; and
indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.

8 Subject to section 12.1, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of The Site or Services, or to your downloading of any content on it, or on any website linked to it.

9 We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.

10 Subject to section 12.1, Vintage-Clothing.co.uk, its subsidiaries and affiliated companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of The Site.

11 Subject to section 12.1, we limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:

the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on The Site; and
£10 in respect of any other claim.

13. THIRD PARTY LINKS AND RESOURCES IN THIS SITE

Where The Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
We assume no responsibility for the content of websites linked on The Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

14. EVENTS BEYOND CONTROL

We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under this Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations.

15. SEVERANCE

In the event that any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

16. ENTIRE AGREEMENT

These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
We and you agree that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.

17. APPLICABLE LAW

Please note that these Terms, their subject matter and formation, are governed by English law.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

18. TRADING STYLE & TRADEMARKS

Vintage-Clothing.co.uk is a trading style of Swapz Limited.
Any trademark displayed on the Site is not owned by us or our group. Any use of such trademarks may be an infringement of the rights of the owner in those trademarks.

19. AMENDMENTS TO THESE TERMS

We may change these Terms from time to time by posting an amended version on this page in the following circumstances:
- to reflect changes or expected changes in relevant laws and regulatory requirements;
- to reflect any ruling by a court, regulator or any other similar body;
- to make these terms clearer or fairer;
- to reflect changes and developments in how we operate our business;
- to rectify any error which we may discover at a later date; or
- to reflect changes in market conditions or standard industry practice.
We recommend that you check this page from time to time, as your continued use of The Site after these Terms are amended shall mean that you agree to be bound by such changes.

20. CONTACT

For all support based enquiries, you can contact the team here from the HELP page of the website: HELP.

For all legal based enquiries, please contact us by email on legal@vintage-clothing.co.uk

Our registered office details are:
Vintage-Clothing.co.uk (a trading style of Swapz Limited),
Summit House, 170 Finchley Road, London NW3 6BP, UK