Terms & Conditions
Hardlyeverwornit.com is a trading name of HARDLYEVER LTD, a company registered in England and Wales under registration number 7002732.
Our registered address is:
29 Duke Street, Mayfair
London, W1U 1LF.
Our VAT number is 124 9705 10.
We may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our Site. We will give you reasonable advance notice ("Notice") of amendments to these Terms and Conditions. Any amended Terms and Conditions will govern new member registrations from the date that they are posted on our Site. Existing members will be bound by the amended Terms and Conditions after the expiry of 30 days following the date of a Notice. If you do not agree to the amended Terms and Conditions, you may request the closure of your account. No other amendment to these Terms and Conditions will be effective. Therefore, please review these Terms and Conditions and any amended Terms before using our Site.
Before using the services available on our Site, you will need to complete our registration form. All information provided by you must be true and complete. You are responsible for all actions taken under your account ID and password and you shall only use our Site with your own account ID and password. You shall not transfer or sell your account ID to any other person.
Hardlyeverwornit.com is a medium where members can offer, bid, buy and sell fashion merchandise. Hardlyeverwornit.com does not own any of the merchandise offered and sold on the Site.
Authenticity of Member
Hardlyeverwornit.com cannot guarantee the true member identity. If you have any suspicion of the member's identity, we recommend that you review the feedback rating and comments of that member. We also recommend that you get in contact with the other members through the interaction tools available on the Site.
Feedback and Fraud
All members are required to act with honesty and integrity. The account of any member with the lower feedback ratings than the expected hardlyeverwornit.com standards may be temporarily or permanently suspended. Likewise, if we suspect that you initiated or been involved in any fraudulent activity, we have the right to terminate your account and report the matter to the appropriate authorities.
Any disputes between the members of hardlyeverwornit.com are to be settled without recourse to hardlyeverwornit.com we are exempt from all legal actions, claims and disputes. We are not responsible for the actions and/or omissions of any of our members.
Placing a Bid and Making a Purchase
By placing a bid or making an offer on an item, the member implicitly states their ability and intention to pay for the item, if the MEMBER bid has been successful. If you have a question in relation to an item being sold, you should ask the seller before placing a bid or making an offer.
If your bid is the highest in an auction, or if you decide to buy an item using the "buy now" option, or by making an offer which is accepted, you will enter into a legally binding contract.
All items won have 48hrs to make payment.
With regards to returns and refunds, please refer to our Returns Policy. Your agreement of these Terms and Conditions entitles us to assume you have read the Returns Policy.
Withdrawing a Bid
A bid may be withdrawn in exceptional circumstances, namely:
- The seller has made material changes to the description of the identity of the item after a bid had been placed.
- The seller has given the bidder clear and explicit permission to withdraw the bid.
- The seller had made a material typographical error in the description of the item.
- The sale and purchase of the item is prohibited by law.
An option is provided for buyers to withdraw from a sale with provision of an explanation to the seller of that item for doing so.
NB potential negative ratings are incuured as a member.
The seller should only sell items which are permitted to be sold by Hardlyeverwornit.com. It is also the seller's responsibility to ensure that it is lawful to sell and export an item to the jurisdiction in which the buyer is based.
The contents of a seller's listing should only consist of material that the seller has a right to use. The seller must respect all intellectual property rights of third parties.
The seller must be the absolute unencumbered legal owner with the right to sell the goods listed.
The seller must list all items in the correct category with accurate and appropriate descriptions and provide such information as we may request.
Cancellation of a Sale
Where an item has been purchased by using the "make a bid" option, or where the auction for an item has been closed and the highest bidder has placed a bid in excess of the reserve bidding price, the seller is obliged to complete the transaction with that purchaser. The same applies for an accepted offer, or a buy it now agreement.
We do however, offer an option to withdraw from a sale upon provision of an explanation to the seller but this may incur negative ratings as a member.
The seller does not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or the equivalent legislation of other jurisdictions. The seller may cancel a bid in one of the following circumstances:
- The item is no longer of satisfactory quality or has perished.
- The identity of the buyer cannot be authenticated.
- The buyer does not meet the requirements stipulated by the seller.
There is NO CHARGE for listing and auto-relisting an item.
Technical Errors or Issues beyond Our Control
We reserve the right to cancel any winning auctions due to technical errors on the site and/or listings. Please contact us if you have any queries regarding this.
All members must act fairly and correctly. This means that members may not take any actions that amount to interference, interruption or manipulation of the hardlyeverwornit.com website or auction system. Prohibited actions include, but are not limited to, bidding on an item which you have listed for sale, contacting a bidder in order to dissuade them from bidding for an item, encouraging another member to conclude a transaction outside of the Site forum, or making bids/purchases using a false Member ID.
Personal Information and Privacy
Personal information is any information that a member provides to hardlyeverwornit.com and other members of the Site. This includes your membership details, feedback, messages, listings and bids.
Members must ensure that the information they provide is honest, accurate and fully compliant with all laws, including the intellectual property rights of others. Such information shall not contain any viruses or other malicious computer programming routines and shall not link to any other website.
Information of Other Users
You may only use the personal information of other members obtained through the site for genuine hardlyeverwornit.com related purposes. You may only use such information in accordance with the law.
Non-observance of the Terms and Conditions
Failure to act in accordance with this agreement may lead to the restriction, suspension or termination of your account without refund of any fees paid and without liability for any loss or damage you may claim as a result of our actions.
Limitation of the Liability
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury, dishonesty, fraudulent misrepresentation or the statutory rights of consumers that cannot be waived or limited by contract or otherwise to the extent permitted by law.
However, hardlyeverwornit.com (its officers, directors, agents and employees) will not be liable for any lost profits, revenue, any special, indirect or consequential damages (however arising, including negligence) resulting from or in connection with this agreement or the use of the Site.
Hardlyeverwornit.com excludes all warranties, terms, undertakings and representations of any kind, expressed or implied, statutory or otherwise, in connection with the services and the Site to the fullest extent permitted by the law. Hardlyeverwornit.com has no control whatsoever over the quality, legality, or safety of any advertised items or of any other characteristics on which the buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or your violation of any laws or the rights of a third party.
Availability of Site
While we use all reasonable endeavours to make our services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could impact on bidding or other aspects of an auction or sale.
Except as otherwise stated, any notices that you wish to send to hardlyeverwornit.com should be made via email or registered mail. Any notices that we may wish to draw to your attention will be displayed on the Site or will be sent to the email address registered under your account.
Governing Law and Jurisdiction
These Terms and Conditions are governed by and constructed in accordance with the laws of England and Wales and any disputes are to be resolved by the courts of England and Wales.
Third Party Rights
A person who is not party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this 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.
Hardlyeverwornit.com will not be in breach of this agreement or otherwise liable for any delay in performance to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, Act(s) of God, war, embargo, strike(s), lock-out(s) and other industrial dispute(s), breakdown of systems or network access, flood, fire(s), explosion or accident.
If any part of the terms of this agreement is unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other parts of this agreement will not be affected.
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Hardlyeverwornit.com Legal Guidance for Business Sellers
Sellers who run a business selling items on Hardlyeverwornit.com have a number of legal obligations, ranging from general trading laws such as the Sale of Goods and Supply of Services Act 1980, to specific trading laws that may apply depending on the type of goods traded. For those selling goods to consumers, the Office of the Director of Consumer Affairs website is a useful starting point for further information. In addition, you should note that specific laws apply to online sales, such as the distance selling regulations. This page is a brief introduction to the most important laws applicable to online trading, together with links to other websites that offer further information. Please note that this page is for informational purposes only and is not intended to be legal advice. If you are unclear about the way that any of these laws may apply to you, please seek advice from a lawyer, trading standards officer or similar professional.
Sale of Goods and Supply of Services Act
The Supply of Goods and Services Act 1982 and the Sale of Goods Act 1979 are some of the most important laws to be aware of when selling goods on Hardlyeverwornit.com in the course of a business. You are responsible for ensuring that any goods you sell on hardlyeverwornit.com:
- Correspond with the description you have given in the item listing;
- Are of merchantable quality; and
- Are fit for their purpose.
Goods are of merchantable quality if they are as fit for the purpose(s) which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all other relevant circumstances. Indications of quality include fitness for purpose, freedom from defects, appearance and finish, durability and safety. It is the seller, not the manufacturer, who is responsible for the goods. This is a complicated law and for more information on your responsibilities we recommend that you look at the ODCA website:-
Other Trading and Consumer Protection Laws
Trade descriptions and fair trading laws will also apply to you when selling on Hardlyeverwornit.com as a business. For example, the Consumer Information Act 1978 makes it an offence to:
- Apply a false or misleading description to any items; or
- Supply or offer to supply any items to which a false or misleading description is applied.
For further information, please visit the ODCA's guide of Consumer Information Act. In addition if you are a business selling to consumers you should be aware of consumer's legal rights, and further information can be obtained at the ODCA's website.
Distance Selling Regulations
The European Communities (Protection of Consumers in respect of Contracts made by means of Distance Communication) Regulations, 2001 apply to sales to consumers made by sellers acting in the course of a business which have been concluded at a distance. In other words, where there is no face to face contact between the seller and the consumer. This would usually cover sales made over the internet, for example, via hardlyeverwornit.com. Business sellers need to comply with a certain number of obligations such as:
Providing clear information about themselves and their items (this information could be contained in your listing or on your page); and
Providing consumers with a period of seven working days in which the consumer can cancel the contract (often referred to as the "cooling off" period).
To get a general idea of the laws governing distance sales, we recommend that you review the summary of the Regulations which are available at http://www.citizensinformation.ie/categories and/or the European Consumer Centre's website. Please note that, although the guidance states that the Regulations do not apply to sales at internet auctions, this refers to traditional auctions carried out via the internet and not sales made via hardlyeverwornit.com auction-style selling format.
In addition to the Distance Selling Regulations, which apply to businesses selling to consumers, there are further rules in the European Communities (Directive 2000/31/EC) Regulations 2003 ("Electronic Commerce Regulations") which apply regardless of whether the buyer is a consumer or another trader. In addition to providing the required information under the Distance Selling Regulations (where applicable) the seller must also provide other information such as:
- The name, geographic address and email address of the seller's business;
- Details of any relevant trade registers on which the seller is registered;
- Details of any authorization scheme relevant to the seller's online business; and
- The seller's VAT number, if the online activities are subject to VAT.
As a seller on hardlyeverwornit.com, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, solicitation of offers to purchase, and sale of items.
You are also responsible for paying all fees associated with using our service and our website and all applicable taxes.
VAT and your hardlyeverwornit.com sales
Laws and regulations dealing with VAT on sales transactions are complicated. These laws and regulations address, for example, whether a seller's business should be registered for VAT, whether a seller is required to charge VAT on sold items, and, if so, how much VAT should be charged on those items. For this reason, a seller should consult an independent tax advisor and/or local tax authority to determine what laws and rules apply, including whether a business should be registered and whether and how much VAT is required to be charged on an item.
Auction site returns policy
At no stage during any transaction does or will hardlyeverwornit.com become contractually involved. Should any of the goods displayed on our site and subsequently sold via our site prove unsatisfactory, we cannot be held responsible in any way due to the absence of our contractual participation in the transaction. We provide a forum for the transaction and do not purport to buy or sell any of the goods listed on hardlyeverwornit.com.
We want every member of www.hardlyeverwornit.com, both buyers and sellers, to be certain of the conditions under which they deal, all the while feeling secure that the transaction they may enter into is valid and reliable. To this end, we have devised the following Returns Policy by which all buyers and sellers agree to abide.
We must emphasise that under no circumstances will we accept the return of any goods directly to us. Due to the absence of any contractual responsibility, Hardlyeverwornit.com is both unsuitable and unwilling to accept any goods that any buyer wishes to return. Any product to be returned must be returned to the seller and NOT to us, with the exception of VIP items.
As the products have been bought and sold at auction, they may only be returned to the seller if they prove to have been both materially and incorrectly described when listed. Otherwise there is no right to return the goods. For each buyer's protection, we recommend a recorded delivery service and appropriate insurance cover is used for all returns.
If an item is purchased but upon receipt the buyer does not wish to keep it, they may request to re-list the item commission - free.
The item must be re-listed at the price it was purchased for. Any profit made above the original purchase price paid by the new seller, will be split on a 50/50 basis with Hardlyeverwornit.com.
Maximum bid/Auto bid
The following rules govern the way the maximum/auto-bid function works:
- You cannot place a bid which is lower than the starting or current latest bid.
- If you enter a Maximum bid value the following rules will apply:
- If your maximum bid is less than the reserve, you will not have won the item and your entire maximum bid will become the latest bid.
- If your maximum bid is equal to the reserve, your entire maximum bid will become the latest bid and you will be the current highest bidder.
- If your maximum bid is above the reserve:
The bid you place on the item bid will be up to 1 unit of the item's currency ($, €, £) above the reserve or current latest bid, whichever is higher.
- If someone then bids against you, provided your maximum bid is equal to or above the bid they place, you will automatically outbid them by up to 1 unit of the item's currency ($, €, £).
- If you place a maximum bid which is higher than someone else's, your bid will be up to 1 unit of the item's currency ($, €, £) over their maximum bid.
- If you place a maximum bid which is less than someone else's, their bid will raise to be up to 1 unit of the item's currency ($, €, £) above yours.
- If you are outbid by anyone you will be informed by email (and SMS if you have selected to receive SMS alerts).
- Once a seller gets paid for an item that has been sold, all costs arising from PayPal or bank transfers will be passed onto the seller.
- If sellers and buyers attempt to conduct transactions outside of hardlyeverwornit.com in order to avoid commission charges, they will lose all protection that hardlyeverwornit.com offers and risk legal charges.
- 20% vat is payable on the commission charge
- We reserve the right to move items to our sister site www.hardlyeverhighstreet.com if they're not suitable for www.hardlyeverwornit.com as we keep www.hardlyeverwornit.com as a "high-end designer label only" site.
- Hardly Ever Ltd. does not take responsibility and is not liable for any images uploaded by or on behalf of the seller, who does so at his/her own discretion.
- If you make an offer over the start bid, the system will automatically covert your offer into a bid before the end of the auction so you will win the item for your offered price. If you wish your offer to be removed, kindly contact admin prior to the end of the auction.
Hardlyeverwornit.com may disclose your information, under strict terms of confidentiality and restriction of use, to partners of hardlyeverwornit.com who supply services on behalf of hardlyeverwornit.com and who need to process personal data in the provision of such services. By using our Site you are consenting to the disclosure of your personal information to hardlyeverwornit.com partners. Hardlyeverwornit.com will not disclose any of your personal information to any other third parties without your express consent.
However, under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of our Site and safeguard the interests of our subscribers, we will comply with any such legally binding request.