TERMS AND CONDITIONS
Please note that FARFETCH operates its FARFETCH Second Life program in partnership with another company who you will see referenced in our terms and conditions below.
We, at Upteam Ltd (company number 11136469) (the “Company”), are delighted that you have decided to sell your products via www.farfetch.com/positively-farfetch/secondlife (the "Website"). The Company and all of its subsidiaries shall collectively be referred to hereinafter as “Company”. Company is a vintage bag, apparel and accessories curator currently supplying authentic pre-owned items from luxury brands, to both online and offline channels for pre-owned fashion items and accessories (“Products”). Company acquires and distributes authentic designer brands that are of high quality and good condition.
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.
We understand that you wish to sell your own Product(s) under a buyback programme made available by FARFETCH and the Company under the name “FARFETCH Second Life” (the “Programme”). This document sets out the terms of the agreement including purchase of the Products by Company, the provision of certain services provided by each of Company and FARFETCH and other terms relating to the Programme (“Terms”). You acknowledge and agree that although you will receive credit in your FARFETCH Account (defined below) in consideration for the purchase of your Product, the contract for the sale of such Product is between you and Company and FARFETCH is only appointed by Company to act as paying agent on our behalf.
You acknowledge that these Terms are in electronic form and have the same force and effect as an agreement in writing.
DEFINITIONS AND INTERPRETATIONS
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“FARFETCH Account” - means your personal account on Farfetch.com;
“Offer Price” - means the value of the FARFETCH Credit that you may receive for your Product;
“Pick-up Service” - means Company’s collection of your Products based on the address, date and time selected by you;
“Purchase Confirmation Email” - means the email following Company’s receipt of your Products, confirming the successful inspection of your Products and the Offer Price amount to be credited to your FARFETCH Account;
“Services” - means the services which are provided by Us to you in relation to the Programme;
“We/Us” - means Company and its affiliates and subsidiaries;
“Webform” - means the electronic form completed by you containing the Product Submission (as defined below) as well as certain contact information;
“You/Your” - means an individual exercising their rights under these Terms.
1. APPLICATION OF TERMS
1.1 These Terms set out the only conditions under which We, Company, are prepared to deal with You and any supply of Products by You to Us shall be on these Terms, to the exclusion of any others. You agree to waive any right which You might otherwise rely on.
1.2 These Terms apply to all Products and any related materials supplied by You and any variation to these Terms will only be effective if expressly agreed in writing by Us.
1.3 By confirming Your acceptance of the Offer Price via email You are deemed to have accepted these Terms.
2. PRODUCT INFORMATION
2.1 All Products offered for sale by customers via our Website are subject to approval by Us. As part of this approval process You are required to complete the Webform which will be made available on the Website.
2.2 The Webform 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 (“Product Submission”).
2.3 You will be responsible for the accuracy and completeness of the information provided in the Webform.
2.4 Once you have submitted your Webform, your Webform will be evaluated and FARFETCH will send you an email containing the Offer Price.
2.5 Upon receiving the email detailing the Offer Price, You have the option of accepting or rejecting the Offer Price. Your acceptance of the Offer Price indicates that You are willing to provide Your Product to Company at the Offer Price. If You do not accept Company’s offer within 14 business days, the offer will automatically lapse. If after rejecting the offer You change Your mind and want to accept the offer, You will need to submit a new Webform at which point, assuming the Product is still eligible for purchase, the new Offer Price may differ from the first Offer Price as Product prices are subject to change.
2.6 To constitute as valid acceptance, Your acceptance of Company’s Offer Price shall be executed by selecting the “accept” on the FARFETCH Second Life offer page, linked on the Offer Price email. The acceptance of the Offer Price shall constitute final and irrevocable consent between the parties.
3. SENDING YOUR PRODUCTS
3.1 Once You accept the sale of the Products based on the Offer Price, You will be directed to a webpage allowing you to arrange the Pick-up Service.
3.2 Company will be responsible for all shipping costs incurred via the Pick-up Service.
3.3 Company will re-arrange the Pick-up Service up to a maximum of three (3) times. After the third attempt, the Offer Price and the Pick-up Service will expire. Should You still wish to sell Your Products after the third failed Pick-up Service attempt, a new Webform submission will need to be made. In such case, we cannot guarantee that the Offer Price provided by Us in respect of the Products will still apply.
3.4 Following collection of Your Products, a tracking number will be provided to You and You may contact customer support using the details provided on the Website, if you need further information.
3.5 When preparing Your Products for the Pick-up Service, be sure to include all materials (including, without limitation, any additional accessories), referred to or visible in the Product Submission. Failure to include any such items or sending Us a Product which does not match the Product Submission may be deemed as unfit for purchase and returned to You at the address provided in the Pick-up Service at our cost.
3.6 Liability for the Products shall transfer to the Company on the successful collection of Your Products via the Pick-up Service. Where Company decides, in accordance with section 4.1 below and using its full discretion, to return the Products to You, Company’s liability for the Product will cease once the Product has been delivered to the collection address specified in the Pick-Up Service. If no Pick-up Service is arranged, liability for the Product shall never pass to Company.
4. BUYING YOUR PRODUCTS
4.1 Upon receipt of Your Products We will manually inspect each item to assess condition, authenticity and any undeclared damage. If the Product is severely damaged, is in bad condition or does not match the Product Submission, the Products will be deemed unfit for purchase and returned to You at the address provided in the Pick-up Service at our cost.
4.2 Should We deem (in our absolute discretion) at any time that any Products are counterfeit copies or otherwise doubtful of the Product’s authenticity or ownership, We shall return the Products to you within a reasonable period at our cost.
4.3 Following a successful inspection of Your Products, FARFETCH will send you a Purchase Confirmation Email.
5.1 For items successfully passing the manual inspection, FARFETCH will credit Your FARFETCH Account with the Offer Price amount within 9 business days of the Company receiving your Product at its facilities.
5.2 Please note that the credit may only be used on Farfetch.com. You will not receive any cash payment as consideration for your Product and the credit cannot be exchanged for cash. The credits received will not expire.
6.1 You warrant to Us that:
a.) you are over 18 years of age;
b.) you own the product and you have the legal right to sell your Products;
c.) the Product Submission you provide to us shall be complete, accurate and truthful;
d.) the Product is authentic and not counterfeit;
e.) neither the Product Submission nor Your Product violate any law, statute or regulation;
f.) the Product Submission is not defamatory, libelous, unlawfully threatening or unlawfully harassing;
g.) neither the Product Submission nor your Product are obscene or pornographic and do not contain child pornography;
h.) the Product is in a clean and hygienic condition, free from soiling;
i.) the Product is free from infestations, such as by moths, other insects, larvae and other live organisms
6.2 For the avoidance of doubt, attempting to sell counterfeit (‘fake’) goods or products which breach clause 6.3 below will amount to a breach of the warranty set out in clause 6.1.
6.3 We require all exotic skin products listed to have CITES certification and will not allow the submission of 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).
7. FITNESS OF SALE
7.1 You must have the right, title, and interest in any Product you seek to sell to Company.
7.2 The Product and the sale and shipment of such item to Company:
a.) must not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights); and
b.) shall not be counterfeit, stolen, or fraudulent.
7.3 You represent and warrant that the Product is free of any liens or encumbrances. By participating in the Programme, you agree to indemnify Company from all claims or losses sustained by Company as a result of any breach of these representations and warranties.
9. OTHER INFORMATION
9.1 Please note that we only provide the Website for domestic and private use and as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to You if such failure or delay is caused by an event outside of our control.
9.3 An event outside of our control means any act or event beyond our or the Partners 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.
10. ENTIRE AGREEMENT
Neither party shall have any remedy in respect of any untrue statement (whether written or oral) made to it upon which it relied in entering into this agreement, and neither party shall have any liability other than subject to the express terms of this agreement. Nothing in this paragraph, however, shall exclude or limit either party's liability for fraudulent misrepresentation.
11. THIRD PARTY RIGHTS
This agreement is made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
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.
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.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by the exclusive jurisdiction of the English courts.
14.2 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.