TERMS AND CONDITIONS
Disclaimer: These Terms & Conditions (the “Terms”) govern your participation in the Programme (as defined below), to the extent you are based in the European Union member states, the United Kingdom, Switzerland, Monaco, the European microstates and Australia.
If you're based in the USA please visit the Terms and Conditions specific to this region, available at www.farfetch.com/positively-farfetch/secondlife/us/terms-conditions; if you are based in the United Arab Emirates, Kuwait or Saudi Arabia please visit the Terms and Conditions specific to this region, available at www.farfetch.com/ae/positively-farfetch/secondlife/ae/terms-conditions.
Capitalised terms used herein shall have the meaning given to them in clause 1.1 below.
FARFETCH UK Limited is a company registered in England and Wales with company number 06400760 and its registered office at The Bower, 211 Old Street, London, EC1V 9NR (“Farfetch”). Farfetch is a company which provides e-commerce service to third party fashion brands and boutiques and operates a fashion e-retail portal at www.farfetch.com.
Farfetch operates the Programme in partnership with three other companies as follows: (1) Upteam Ltd (“Upteam”); (2) A.N.G.E.L.O. SRL (“Angelo”) and (3) Azura Consulting (Pty) Limited (“Azura”) (each a “Company” and together the “Companies”). Independently, the Companies operate e-retail platforms for authentic luxury fashion items via online and offline channels. The Companies provide different services in relation to the Programme, as follows: Upteam and Angelo may bid to purchase your Product (together referred to herein as the “Buying Partners”), whereas Azura shall provide logistics services in relation to Submissions (as defined below) from users in Australia.
We are delighted that you have decided to sell your Products (as defined in section 1 below) via www.farfetch.com/positively-farfetch/secondlife (the “Website”) in consideration of Farfetch Credits (as defined in section 1 below). By using the Website you are entering into an agreement with Farfetch for all Website related services and by accepting an Offer (as defined in the section B of the “How does the programme work” section below) are entering into an agreement with the relevant Buying Partner whose offer you accepted.
These Terms set out (i) the terms of your participation in the Programme, (ii) the terms upon which you agree to sell your Product(s) to the Buying Partners; and (iii) the terms upon which certain services are provided to you by Farfetch and the Companies.
How does the programme work?
If you wish to sell a Product, you will need to follow the following process:
A. To sell your Product(s) via the Programme, you will be required to submit specific details of the Products via the Product Submission Form available on the Website, for our Buying Partners’ assessment.
B. Once the Product Submission Form is submitted, the Buying Partners shall review and assess the information contained in the Product Submission Form, and if they wish to make you an offer to purchase the Product in exchange for Farfetch Credits, they will submit an offer which will be communicated to you via email (the “Offer”).
C. If you accept the Offer, you will be required to send the Product for physical inspection, to the relevant Buying Partner who submitted the Offer you accepted. Depending on your location, you may choose to (i) have the Product collected from your address by our Courier; or (ii) take the Product to a drop-off location operated by our Courier. Instructions and the required Shipping Documents required for transport logistics will be provided to you via email, once you accept the Offer and you select your preferred method of transport. The Shipping Documents will include a label which you need to affix to the parcel containing your Product. The identity of the Buying Partner shall be specified on the Shipping Documents.
D. If your Product passes the physical inspection, the relevant Buying Partner shall instruct Farfetch to credit your Farfetch Account (as defined below) in the amount of the Offer you accepted, in Farfetch Credits.
E. PLEASE NOTE: the contract for the purchase of the Products is formed between you and the relevant Buying Partner (as identified on the shipping documentation provided to you) once your Product passes physical inspection (as detailed in clause 6 below) and we send you a Purchase Confirmation Email (as defined in clause 6.2.1 below). As soon as commercially possible after we send you a Purchase Confirmation Email, Farfetch Credits in the value of the Offer will be assigned to your Farfetch Account.
This means that the relevant Buying Partner (not Farfetch) is legally purchasing the Product from you. Farfetch is appointed by such Company to credit your Farfetch Account with the relevant amount of Farfetch Credits only.
By engaging with the Website and submitting a Product Submission Form, you acknowledge that (a) you agree and accept these Terms; and that (b) these Terms are in electronic form and have the same force and effect as an agreement in writing.
1. DEFINITIONS AND INTERPRETATIONS
1.1. In these Terms, unless the context otherwise requires, the following terms have the following meanings:
“Business Days” – means a day where banks in the Territory are open for business;
‘’Companies’’ – means Upteam, Angelo and Azura, as defined in the introduction section above;
“Farfetch Account” - means your personal account on www.farfetch.com ;
“Farfetch Credit” means as defined in clause 8;
“Offer” - means as defined in the introduction section above;
“Product Submission Form” – means the webform available on the Website which asks specific details about your Product and it’s condition, including required photographs of the Product as instructed in the webform;
“Purchase Confirmation Email” - means as defined in clause 6.2.1 below;
“Services” - means the services which are provided by Farfetch and the Companies in relation to the Programme;
“Shipping Documents” – means the documents made available to you via email by the Buying Partner whose Offer you accepted, and which are required to transport the Product to such Buying Partner for physical inspection;
“Territory” – means the European Union member states, the United Kingdom, Switzerland, Monaco, the European microstates and Australia.
“you/your” - means an individual exercising their rights under these Terms.
2. APPLICATION OF TERMS
2.1. These Terms set out the conditions under which are prepared to deal with you and any sale of Products by you under the Programme shall be on these Terms. This does not exclude your statutory rights.
2.2. These Terms apply to all Products, including any related materials provided by you in relation to the Programme and any variation to these Terms will only be effective if expressly agreed in writing, provided that we give you advance notice of such variations and there is no adverse impact on you.
2.3. By using the Website to submit a Product for sale, you are confirming your acceptance of these Terms.
3. PRODUCT INFORMATION
3.1. All Products submitted to the Programme via the Product Submission Form on the Website are subject to our review.
3.2. The Product Submission Form requires you to provide us with accurate and complete details of the Product including (but not limited to) its condition, age and materials as well as photographs of the Product.
3.3. You will be responsible for the accuracy and completeness of the information provided in the Product Submission Form and you warrant that the information you submit is correct and accurate and it does not infringe a third party’s rights.
4. INVITATION TO PURCHASE YOUR PRODUCT
4.1. Once you have submitted the Product Submission Form, the information contained therein will be evaluated by the Buying Partners, who may offer to purchase your Product in consideration of Farfetch Credit by presenting an Offer.
4.2. Farfetch will select the Offer value and communicate such Offer to you via email (the “Offer Email”). If neither Buying Partner submits an Offer for your Product, we will notify you via email.
4.3. The Offer Email will ask you to accept or reject the Offer. You have 15 Business Days to accept or reject an Offer; if you do not accept or reject within this timeframe, the Offer will lapse and the Offer will no longer be available to you.
4.3.1. An acceptance of the Offer indicates that you are willing to sell your Product in consideration of the Farfetch Credits offered to you in the Offer Email. It does not mean that the contract for the sale of your Product is formalised and title to the Product remains with you until your Product passes physical inspection (as detailed in clause 6 below).
4.4. However, by accepting an Offer you are deemed to agree that you (a) will send your Product to the relevant Buying Partner for physical inspection as detailed herein; (b) commit to proceed with the sale transaction; (c) will not be able to withdraw your Product from the Programme; and (d) acknowledge that title to the Product will pass to the relevant Buying Partner if your Product passes physical inspection (as detailed in clause 6 below) and you receive a Purchase Confirmation Email.
4.5. If you reject an Offer, the process will terminate and details of your Products (as submitted in the Product Submission Form) shall be deleted from our systems.
4.6. If the Offer lapses, or you wish to resubmit a Product for a new Offer, you may re-submit the same Product by submitting a new Product Submission Form. The process detailed above shall apply to any resubmitted Products, however, the Buying Partners retain the right to reject any resubmitted Product or make a different Offer for such resubmitted Product, at their discretion.
4.7. To accept an offer, please follow the instructions provided to you in the Offer Email. You will be re-directed to a page on the Website which shall allow you to press an “accept” button.
5. SENDING YOUR PRODUCTS FOR INSPECTION
5.1. After you accept an Offer, you will be directed to a webpage which will ask you to arrange for your Product to be sent to the Buying Partner for physical inspection. Depending on your location, you may choose to (i) have the Product collected from your address by our Courier; or (ii) take the Product to a drop-off location operated by our Courier. Please note that the drop-off option may not be available in all territories and Farfetch reserves the right to discontinue this option at any time during the lifetime of the Programme.
5.2. Once you select your preferred method of transport, you will be emailed Shipping Documents, which will include a shipping label stipulating the identity of the Buying Partner and the relevant destination address. If you select the drop-off service, you will be emailed a list of participating drop-off points, from which you may select the most convenient one.
5.3. You are responsible for packing your Product (and any related accessories related to the Product, including identification and authenticity cards) in suitable packaging for transport to the destination shown on the shipping label and you must affix the shipping label provided to your parcel.
5.4. Sending us a Product which does not match the Product Submission Form may be deemed unfit for purchase and returned to you at the address provided in the Product Submission Form, at our cost, using the Courier.
5.5. The relevant Buying Partner will be responsible for all shipping costs incurred in the transport of the Product.
5.6. If you have selected the pick-up option, and the original pick-up date/time is no longer suitable, you may re-arrange a collection up to a maximum of three (3) times with the Courier. After the third scheduled collection, if a pick-up is not completed, the Offer will lapse and expire. This means your Product will no longer be in the process and the Product Submission Form will be deleted from our system.
5.7. Once the Product is in the possession of the Courier , a tracking number will be provided to you via email or on a proof of postage receipt and you may contact Farfetch using the transaction details provided to you if you need further information. If you have selected the drop-off option, please ensure you keep a copy of the proof of postage receipt. We will need this as evidence should your Product be lost in transit. If you are not able to produce a proof of postage receipt, Farfetch may not be liable to you for your Product.
5.8. Once the Product is in the possession of the Courier, liability and risk for the Product shall transfer to the Buying Partner.
5.9. Please note:
5.9.1. if your Product is not collected by the Courier;
5.9.2. you fail to comply with the instructions provided regarding the drop-off service (including taking your Product to the wrong drop-off location); or
5.9.3. if you send your Product with an independent service (at your own cost, or otherwise), which is not the Courier,
liability and risk for the Product shall not pass to neither the Buying Partner, Farfetch nor Azura, and shall such liability shall remain with you.
6. PHYSICAL INSPECTION OF YOUR PRODUCT
6.1. Within nine (9) Business Days of the Buying Partner receiving your Product, the relevant Buying Partner will manually inspect the Product to assess condition and authenticity.
6.2. If the Product:
6.2.1. passes such inspection, the relevant Buying Partner shall confirm the same to Farfetch, and Farfetch shall (a) confirm the same to you via email (the “Purchase Confirmation Email”); and (b) assign Farfetch Credits in the value of the Offer to your Farfetch Account; or
6.2.2. fails such inspection for whatever reason (including but not limited to condition, non-compliance with the Product Submission Form, the Product shall be deemed unfit for purchase and it shall be returned to you at the address you provided in the Product Submission Form, via the Courier, at the relevant Buying Partner’s cost. Liability and risk for the Product shall be with the relevant Buying Partner until the Product is returned to you.
6.3. Should we deem (in our discretion, exercised reasonably) at any time that any Product is in breach of the requirements specified in clause 9.1 below (including if we think the Product is counterfeit) we shall notify you and return the Product to you within a reasonable period, via the Courier, at the relevant Buying Partner’s cost.
7. CONTRACT OF SALE
7.1. If your Product passes the physical inspection, the transaction between yourself and the relevant Buying Partner will formalise and the contract of sale of the Product shall be effected at the time we send you the Purchase Confirmation Email. This means that title to the Product (i.e ownership of the Product) passes to the relevant Buying Partner once we send you the Purchase Confirmation Email.
7.2. You agree and acknowledge that you will not receive cash in consideration (exchange) of your Product. Instead, you will be issued Farfetch Credits in the value of the Offer. For further information on Farfetch Credits, please see clause 8 below.
7.3. Farfetch Credits shall be assigned to your Farfetch Account as soon as commercially possible after we send you the Purchase Confirmation Email.
8. FARFETCH CREDITS
8.1. Farfetch Credit is a term we use to refer to “store credit” which can be used to purchase items on www.farfetch.com ("Farfetch Credit”). Once assigned to your account, you will be able to see your Farfetch Credit balance in the Farfetch Account section, visible once you log-in.
8.2. 1 Farfetch Credit = £, €, AUD$ 1 (depending on your local currency).Farfetch Credit cannot be exchanged for cash or withdrawn from your Farfetch Account.
8.3. Farfetch Credit does not expire and can be used to purchase any item on www.farfetch.com.
8.4. If you need to return any product purchased using Farfetch Credit, your order shall be refunded in Farfetch Credit. Your statutory rights in relation to Products purchased using Farfetch Credits are not affected.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. By submitting a Product Submission Form you agree to grant Farfetch a royalty-free, non-exclusive, sublicensable licence on a worldwide basis to use the content you submit via the Product Submission Form, including any images contained therein, in perpetuity, for any purpose (including commercial).
10. WARRANTIES
10.1. You warrant to Farfetch and the relevant Buying Partner that:
a) you are over 18 years of age;
b) you purchased the Product from an authorised outlet or equivalent;
c) you own the Product and you have the legal right, title and interest to sell your Product in the country you live in;
d) the information you provide to us via the Product Submission Form shall be complete, accurate and truthful;
e) as far as you’re aware, the Product is authentic, not counterfeit and safe, as required by applicable product safety laws;
f) the Product has not been modified, customised or amended in any way;
g) neither the content (including any Product images) you provide via the Product Submission Form nor your Product violate any law, statute or regulation;
h) the information you provide via the Product Submission Form (including any Product images) is not defamatory, libellous, unlawfully threatening or unlawfully harassing;
i) neither the information you provide via the Product Submission Form, nor your Product are obscene or pornographic and do not contain child pornography;
j) the Product is in a clean and hygienic condition, free from soiling;
k) the Product is free from infestations, such as by moths, other insects, larvae and other live organisms; and
l) neither the Product nor the information you submit via the Product Submission Form (including any Product images) infringe on any third party’s intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights).
10.2. We require all exotic skin Products submitted to the Farfetch Second Life programme to have CITES certification and we will not review any Product Submission Forms which detail Products made from or containing exotic skin unless permitted according to CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) and IUCN (International Union for Conservation of Nature). If your Product Submission Form is deemed to detail a Product which does not comply with this obligation, we will reject the Product and inform you of this via email.
10.3. For the avoidance of doubt, attempting to sell counterfeit (‘fake’) goods or products which breach clause 9.2 will amount to a breach of the warranty set out in clause 9.1.
10.4. By participating in the Programme, you agree to indemnify Farfetch and the relevant Buying Partner from all claims or losses sustained by either Farfetch or the relevant Buying Partner (as applicable) as a result of your breach of this clause 9.
11. OUR LIABILITY
11.1. If you are accessing the Programme, the Services and/or Website from Australia, this clause 11 applies to our provision of the Services to you.
11.2. Nothing in these Terms restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
11.3. If you are a Consumer, as that term is defined under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”), guarantees (“Statutory Guarantees”) may apply to the Programme, Services and Website that cannot be excluded under the Australian Consumer Law. For major failures with the Programme, Services or Website, you are entitled:
11.3.1. to cancel your contract with us; and
11.3.2. to a refund for the unused portion, or to compensation for its reduced value.
11.3.3. you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the Services or Website rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion of the contract. Notwithstanding the above, if the Programme, Services and/or Website fail to meet any Statutory Guarantee, and the Services are not of the kind ordinarily acquired for personal, domestic or household use, Farfetch’s liability to you for failure to meet such Statutory Guarantee is limited to doing any one or more of the following (at Farfetch’s election):
a) the re-supply of the Services; or
b) the payment of the cost of re-supplying the Services.
12. PRIVACY POLICY
12.1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
13. OTHER INFORMATION
13.1. Subject to clause 10, please note that Farfetch provides the Website for your domestic and private use only and as such, neither Farfetch nor the Buying Partners shall have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.2. Subject to clause 10, neither Farfetch nor the Buying Partners shall be liable or responsible for any failure to perform, or for any delay in the performance of, any of our obligations to you, if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our or a Buying Partner’s reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes, pandemics or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
14. ENTIRE AGREEMENT
14.1. Subject to clause 10, neither you, nor Farfetch or a Buying Partner (each a “party”) shall have any remedy in respect of any untrue statement (whether written or oral) made and upon which such party has relied on by agreeing to these Terms, and neither party shall have any liability other than as specified in the Terms. However, nothing in this paragraph shall exclude or limit a party’s liability for fraudulent misrepresentation.
15. THIRD PARTY RIGHTS
15.1. These Terms and the Contract of Sale are solely for the benefit of the parties entering the same and nothing in these Terms, nor a Contract of Sale is not intended to benefit, or be enforceable by, any other person or third party.
16. WAIVER
16.1. A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
17. SEVERANCE
17.1. If any provision of these Terms is found to be invalid, unenforceable or illegal, the other provisions shall remain in force. If the invalid, illegal or unenforceable provision could be amended or deleted to make it valid, legal and enforceable, appropriate.
18. GOVERNING LAW AND JURISDICTION
18.1. Subject to clause 17.2, these Terms and any disputes or claims arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and the exclusive jurisdiction of the English courts.
18.2. Subject to clause 17.2, each party irrevocably agrees that the courts of England will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
18.3. Nothing in these Terms affects your applicable statutory consumer rights. If you are a consumer, you can also bring claims against us in the courts of the country you live in.