Introduction
Welcome to The Designer Dress Agency. These terms and conditions apply to the services available from the domain www.thedesignerdressagency.com and from all other The Designer Dress Agency-branded websites provided for users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on the The Designer Dress Agency websites you are agreeing to the following terms, and the general principles for the website. Before you may become a member of The Designer Dress Agency, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. The User Agreement constitutes a legally binding agreement between you and The Designer Dress Agency. Some The Designer Dress Agency sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
Using The Designer Dress Agency
You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your The Designer Dress Agency membership has been suspended.
While using The Designer Dress Agency, you will not:
-
post, list or upload content or items in an inappropriate category or areas on our sites;
-
breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
-
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
-
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
-
manipulate the price of any item or interfere with other user's listings;
-
circumvent or manipulate our fee structure, the billing process, or fees owed to The Designer Dress Agency;
-
post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
-
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-The Designer Dress Agency sites or for using it for purposes unrelated to The Designer Dress Agency);
-
transfer your The Designer Dress Agency account (including feedback) and user ID to another party without our consent;
-
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
-
distribute viruses or any other technologies that may harm The Designer Dress Agency, or the interests or property of The Designer Dress Agency users;
-
copy, modify, or distribute rights or content from our sites, services or tools or The Designer Dress Agency's copyrights and trademarks; or
-
harvest or otherwise collect information about users, including email addresses, without their consent.
We will commence supplying our services to you as soon as you accept this Agreement. Unless you and The Designer Dress Agency agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
We reserve the right to limit your activities on our sites (including, without limitation, restricting the number of items you may list on our sites), if we think that such restrictions will improve the security of the The Designer Dress Agency community or reduce our or another The Designer Dress Agency user’s exposure to financial or other liabilities.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue The Designer Dress Agency sites. You agree not to hold The Designer Dress Agency responsible for any loss you may incur as a result of The Designer Dress Agency taking this action.
Abusing The Designer Dress Agency
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:
-
we think that you are creating problems (including, without limitation, by harassing The Designer Dress Agency staff or other users or by making unreasonable legal threats against The Designer Dress Agency), or exposing us or another The Designer Dress Agency user to financial loss or legal liabilities;
-
we think that you are infringing the rights of third parties (including, without limitation, intellectual property rights of third parties);
-
we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies (including, without limitation, policies related to shill bidding, conducting off-The Designer Dress Agency transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users);
-
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
-
you earn a net feedback rating of -4.
Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.
You agree not to hold The Designer Dress Agency responsible for any loss you may incur as a result of The Designer Dress Agency taking any of the actions described above.
Using information about other The Designer Dress Agency users
Our sites and services enable users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
-
The Designer Dress Agency-transaction-related purposes that are not unsolicited commercial communications
-
using services offered through The Designer Dress Agency; and
-
other purposes a user expressly agrees to.
Fees
Joining The Designer Dress Agency and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees policy, which we may change from time to time. We will give you notice of any proposed changes to our Fees Policy by email, by posting the changes on the The Designer Dress Agency site. You may close your account without penalty within 30 days of such notice being given. Otherwise, changes to our Fees Policy are effective 30 days after such notice being given.
Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.) You agree that we may issue you with invoices in electronic format by email.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including The Designer Dress Agency users) you may use catalogue content solely in connection with your The Designer Dress Agency listings during the time your listings are on The Designer Dress Agency’s sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all The Designer Dress Agency policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
Liability
You will not hold The Designer Dress Agency responsible for any loss you may incur as a result of The Designer Dress Agency taking any of the actions described in the Abusing The Designer Dress Agency section above nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. At no point do we have possession of anything listed or sold through The Designer Dress Agency.
We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. The Designer Dress Agency cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and interference
Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to The Designer Dress Agency by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express hand-written permission.
Additionally, you agree that you will not:
-
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
-
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of The Designer Dress Agency and the appropriate third party, as applicable;
-
interfere or attempt to interfere with the proper working of our sites or any activities conducted on or with our sites; or
-
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
Listing Conditions
By listing an item on The Designer Dress Agency’s sites, you agree to pay the The Designer Dress Agency’s related fees, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
When you list an item on The Designer Dress Agency’s sites, your listing will be posted on The Designer Dress Agency’s site.
-
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so The Designer Dress Agency can’t guarantee exact listing durations.
-
Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, feedback.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
Compensation
You agree that you will only use our sites and services in accordance with this Agreement.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
No agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Legal disputes
If a dispute arises between you and The Designer Dress Agency, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and The Designer Dress Agency both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
In our sole discretion, we may transfer our rights and obligations (also known as “assign”) under this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by email, via “Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature.
Except as set out above, this Agreement may not be altered by us or by you unless we both agree in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature.
The Agreement is the entire agreement between the parties and supersedes all prior understandings and representations of the parties.
The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Legal disputes.