TERMS AND CONDITIONS
ABOUT US AND CONTACT
Altered Image is a site operated by Domax Investments Limited, trading as Altered Image (collectively Altered Image, We, we, Us or us). We are registered in England and Wales under company number 5272399, registered office 2nd Floor Boundary House, 4 County Place, Chelmsford, Essex CM2 0RE. Our trading address is:
Altered Image
Unit 6 Blake House Craft Centre
Blake End
Braintree
Essex CM77 6RA
Tel: +44 (0) 7934 221425
Email: (info@altered-image.org)
BUYING FROM US
Altered Image accept orders as agents on behalf of third party sellers for most items, though we do act as the principal for certain goods and services. All our transactions are subject to these Terms.
In placing an order through our website or from our shop, you warrant that you are legally capable of entering into binding contracts and that you acknowledge and accept these Terms.
After placing an order for an item on our website, you will receive an email from us acknowledging that we have received your order. Orders are subject to acceptance, and this will be confirmed to you by email once the item has been dispatched. Once the item (or each individual item) is dispatched a contract is formed relating to that item (the Contract).
The item (s) will be at your risk from the time of delivery, though ownership of the item (s) will only pass to you when we receive full payment of all sums due in respect of the fulfilment of the Contract.
Should the buyer purchase items from third party sellers via links on our website to the websites of other companies, whether affiliated with us or not, Altered Image has no liability whatsoever to the buyer. This disclaimer does not affect your statutory rights against the third party seller.
Your order will be fulfilled within 3-5 working days (UK) or 7-14 working days (international) of the email confirming dispatch, unless there are exceptional circumstances. It is your responsibility to rearrange delivery or collection from the delivery company if you are unavailable to receive an item.
Delivery costs are automatically added at checkout.
PRICES
Individual items are priced as shown on the website or in the shop and delivery costs will be added to the total amount due, as necessary.
Prices and delivery costs are liable to change at any time, but this will not affect dispatched orders. Payment for all items purchased through the website must be by Paypal, credit or debit card, or for the shop, credit or debit card, by cash or by cheque. We will not charge your credit or debit card until we dispatch your order. We will not dispatch any orders unless your credit or debit card payment has been authorised by the relevant card merchant.
QUALITY AND CONDITION
Items sold by Altered Image are usually pre-owned and are offered and sold on an ‘as seen’ basis, based upon the descriptions and images appearing on our website. Such items are likely to show signs of usage and we will make every reasonable effort to describe each item accurately. Our pricing takes into consideration the condition of each item.
We take every reasonable step to verify the authenticity of items we sell, but if they are later found to be counterfeit or ‘fake’ items we will refund the purchase price to you.
Our liability for losses you suffer as a result of this agreement is strictly limited to the purchase price of each item. We are not responsible for any indirect or consequential losses.
INTERNATIONAL
If you order items from our site for delivery outside the UK, any liability for import duties, taxes and other costs are the responsibility of the buyer. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
COMMUNICATIONS
You accept that communication with us will be primarily electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Altered Image at info@altered-image.org. We may give notices to you at either the email or postal address you have provided us with. Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.
ASSIGNMENT
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) the following:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER OF TERMS
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. Any waiver by us of these Terms must be expressly stated to be a waiver and must be communicated to you in writing.
SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these Terms.
AMENDED TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you place and order, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you confirmation of dispatch.
LAW AND JURISDICTION
Contracts for the purchase of items and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
TERMS AND CONDITIONS FOR SELLERS
Altered Image sells pre-owned fashion items and accessories on an agency basis. We sell authentic designer brands that are in new, nearly new, excellent or very good condition.
By you asking us to market items on your behalf, you are agreeing to be bound by these terms and conditions (Terms). Any supply of items 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 have relied upon. Any variation to these Terms will only be effective if expressly agreed in writing by us.
By supplying your items to us and us accepting them, you grant us the exclusive right to act as your agent to advertise and sell your items, via the Altered Image website and/or through our shop. We have absolute discretion on the correct way to market the items, either through the shop, on the Altered Image website or any other route we might choose. We also have the right to decide how long we might advertise or actively market individual items, which helps to keep the stock on the website or in the shop refreshed and seasonally appropriate.
Your request to us to accept your items for sale constitutes an offer by you to us to act as your agent, subject to these Terms. We have the right to refuse to accept any items.
We will not disclose your identity, but we shall make it clear to all buyers that items are normally held by us for onward sale as agent for an unnamed principal. In the event, however, that you are in breach of these Terms, we reserve the right to disclose your identity to third parties, including to any law enforcement agencies.
ITEMS OFFERRED FOR SALE
All items to be sold by us are subject to approval by us and this process requires you to supply us with certain information;
a) Your full name.
b) Your address and contact details, including email address.
c) Accurate and complete details of the items including condition, age and make.
d) Where possible, original purchase price, original packaging and any certificates of authenticity
e) Confirmation that you have the right to sell the items.
We will discuss a selling price with you, but retain the right to alter the selling price in the interests of achieving the sale of any item within a reasonable time frame. We will agree the percentage of the sales proceeds for each individual item that we will each receive, in the event of it’s sale. All other related income, such as shipping/postage, are excluded from this arrangement.
You are responsible for the accuracy and completeness of the information provided to us. In general, we only accept items for sale through our shop, which facilitates a thorough inspection.
We inspect each item to assess condition and authenticity. We will notify you if your items have been accepted for re-sale by us.
In exceptional circumstances, we may allow items to be sent to us for inspection and potential approval, but please contact us first, BEFORE sending any items. In such cases, all items are at your risk until we are in possession of them. Shipping costs are your responsibility, including the cost of return to you, if we choose not to approve the products for sale by Altered Image.
We are responsible for your items whilst they are in our possession.
Should we conclude at any time that any items are counterfeit or otherwise of dubious heritage, we shall cease to market that item and notify you of our decision. In such circumstances, you will be responsible for arranging collection of the product within 30 days of notification. Thereafter, we have the right to dispose of the item in question.
Placing and marketing your items or any information provided by you in our shop or on the Altered Image website shall be entirely at our absolute discretion, at all times. Notwithstanding this, we would usually actively market items for sale for a period of 6 months or longer, at our discretion (the Marketing Period). If the item has not been sold within the Marketing Period, we have the right to dispose of the item and this will typically be to a charitable organisation.
You may ask us to withdraw the items from sale at any time during the first 6 months, subject to paying an administration fee of 10% of the then current price of the item. Under such circumstances, you have 30 days to arrange collection.
If items are not collected within the 30 day period following notification, we have the right to dispose of the item.
We make no representations or warranties as to the the number of prospective enquiries or orders for any items that we are marketing, either through the website or through the shop. We make no warranty that the website will be uninterrupted, timely, secure or error-free, that defects will be corrected or that the website or the server that makes it available is free of viruses or bugs or is fully functional, accurate or reliable.
You acknowledge that customers have 7 working days after delivery to reject the items for any reason. If a customer returns an item to us, you will not be entitled to any payment for the item.
GETTING PAID
We shall pay you the agreed % of the sales price within 30 days of the date on which our customer pays us or the customer’s credit card merchant pays us, as applicable. You cannot change the price or levy any extra charges and we shall pay you in pounds sterling by bank transfer to an account held in your name, details of which you must provide to us or by cheque or cash. We will not post cash or cheques, so these must be collected from our shop.
Without prejudice to any other right or remedy, we reserve the right to set off any amount owing to us at any time by you against any amount payable by us to you.
You acknowledge that where any customers seek for any legitimate reason to recoup any purchase price paid to us, you will be required to indemnify us in respect of any such claim, as well as being responsible for the payment of our % and for the reimbursement of any expenses (and any VAT, if applicable).
WARRANTIES
You warrant to us that:
(a) You are over 18 years of age;
(b) You have the legal right to sell the item(s)
(c) The information you provide to us shall be complete, accurate and truthful
(d) Neither any information provided by you, nor the items for sale infringe any third party’s Intellectual Property Rights, other proprietary rights or rights of publicity or privacy;
(e) The information provided and your items do not violate any laws, regulations or relevant codes of conduct regarding unfair competition, anti-discrimination or advertising or false advertising
(f) Items are in a clean and hygienic condition, free from soiling and are free from infestations
(g) You are not attempting to sell counterfeit (‘fake’) goods or products which contain ivory or any other animal substance which comes from any endangered species (as defined in the Convention on International Trade in Endangered Species).
INDEMNITY
You shall keep us indemnified in full against all direct, indirect and consequential liabilities (including, but not limited to, loss of profits, loss of business and loss of contracts), loss, damages, injury, costs and expenses (including legal and professional fees) awarded against or paid by us in connection with:
(a) Defective workmanship, quality or materials
(b) Any breach of the warranties set out above
(c) Any claim made against us in respect of any liability, loss, damage, injury, cost or expense sustained by us, or by any customer or third party where such loss, damage, injury, cost or expense was caused by, relates to or arises from the items supplied by you as a consequence of your direct or indirect breach or negligent performance or failure or delay in performing the terms of this agreement or any contract for the sale of each item.
(d) All costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in acting as your agent in performing our obligations under this agreement.
REMEDIES AND LIABILITY
Nothing in this agreement shall exclude or limit our liability for:
(a) Death or personal injury caused by our negligence
(b) Fraud
(c) Any other liability which cannot be excluded or limited under applicable law.
We shall not be liable to you for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
Our aggregate liability to you in respect of claims based on events in any calendar year arising out of or in connection with this agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the lower of: (i) the current price of the items to which any claim relates or (ii) money paid by us to you in the twelve-month period immediately preceding any claim.
INTELLECTUAL PROPERTY RIGHTS
You agree that all trade marks, trade names, logos, URLs, or identifying slogans, whether or not registered (Trade Marks) associated with our services, products, literature, promotional materials or otherwise, are owned by us or licensed to us.
We retain all Intellectual Property Rights in the website, and our Trade Marks. Nothing in this agreement grants you any rights in respect of such Intellectual Property Rights. Any information provided by visitors to the website (such as name, address and e-mail address) collected through any user registration purpose or otherwise shall be owned by us.
DATA PROTECTION
It is envisaged that, during the term of this agreement, you will provide Altered Image with information about yourself, which may amount to Personal Data (as defined in the Data Protection Act 1998). We shall comply with Altered Image Website and Privacy Policy in our use of your Personal Data.
ASSIGNMENT
You may not assign or transfer any of your rights and obligations under this agreement. We may assign or transfer any of our rights under this agreement, provided that we give you advance notice.
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.
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.
WAIVER
A waiver of any right under these Terms is only effective if it is in writing from Altered Image and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
SEVERANCE
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 modifications shall be made as necessary to give effect to the commercial intentions of the parties.
GOVERNING LAW AND JURISDICTION
These Terms and any disputes or claims arising out of or in connection with their subject matter are governed by the exclusive jurisdiction of the English courts.
This shall not limit our right to take proceedings against you in any other court of competent jurisdiction. The taking of proceedings in any one or more jurisdictions shall not preclude any proceedings in any other jurisdictions (whether concurrently or not) to the extent permitted by the law of such other jurisdiction.
Each of us irrevocably consents to any documents in any legal action or proceedings arising out of this agreement being served on us at the relevant address set out in these Terms (or as otherwise notified to the other from time to time), but nothing contained in these Terms shall affect the right to serve documents in any other manner permitted by law.