Terms of Website Use
Please review these Terms and Conditions before using our Site. We recommend that you print a copy of these terms of website use for future reference.
Information about us
Hewilondon.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.
Your use of the Site
The content on our Site is for your general information and use only. The content on our Site, including the Terms and Conditions, are subject to change without notice. Please check this page from time to time to take notice of any changes we make to the Terms and Conditions, as they are binding on you from the date they are posted on our Site. 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.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw or discontinue all or any part of our Site without notice. It shall be your own responsibility to ensure that services or information available through this Site meet your specific requirements.
How does our Site work?
Hewilondon.com is a platform where members can offer, bid, buy and sell fashion merchandise. Hewilondon.com does not own any of the merchandise offered and sold on our Site.
At no stage during any transaction does or will hewilondon.com become contractually involved. Should any of the items displayed on our site and subsequently sold via our Site prove unsatisfactory, Hardly Ever Ltd will not be liable under any circumstances. We provide a forum for the transaction and do not purport to buy or sell any of the items listed on hewilondon.com.
Please read our terms and conditions of sale which provide further information on your use of the Site and which form part of your agreement with us.
We offer a VIP service to sellers of VIP Items which includes hewilondon.com photographing the item, storing the item prior to sale and delivering the item once the item has been purchased on the Site.
An increased commission of 35% plus VAT will apply to the VIP Service and items sold by Celebrity Auction.
If a seller wishes to use our VIP selling service or sell via a celebrity auction, they should contact us prior to sending any items using the form here and providing all the required information.
Hewilondon.com will not accept any items sent without prior agreement and acceptance of any VIP Items or items to be sold via a celebrity auction is at our sole discretion.
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.
Authenticity of Member
Hewilondon.com cannot guarantee the true member identity and does not provide or make any identity verification checks. 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 our Site.
User Generated Content
If it is the case that you supply/upload any content to our Site - whether it be pictures, text, sound recordings or anything else - the content you supply must comply with the following rules:
˙It must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
˙It must not harass or bully another person;
˙It must be true and honest so far as you know;
˙It must not be defamatory of anyone;
˙It must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
˙It must not contain someone else's personal details or confidential information relating to other people; and
˙It must not promote or condone terrorism, violence or illegal behaviour.
We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that we think contravenes these rules and suspend or terminate your account and access to the Site.
We do not guarantee that our Site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any Site linked to it.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Linking to other Sites:
This Site may include links to other sites and resources provided by third parties. These links are provided for your convenience to provide further information. They do not signify that we endorse such sites. We have no responsibility for the content of the linked sites and we will not be liable for any loss or damage that may arise from your use of them. You may not create a link to this Site from another site or document without our prior written consent.
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 hewilondon.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.
Other than in relation to items purchased through the VIP Service, or purchased through a celebrity auction, any disputes between the members of hewilondon.com are to be settled without recourse to hewilondon.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.
Although we are not liable we will always do our utmost in order to help buyers and sellers to achieve a happy outcome, by overseeing and assisting them in resolving disputes to the extent possible.
Making a Purchase
By purchasing an item, the member implicitly states their ability and intention to pay for the item. If you have a question in relation to an item being sold, you should ask the seller before purchasing the item.
If you decide to buy an item, you will enter into a legally binding contract with the seller at the point that you complete your transaction.
We request that all items are paid for within three (3) days of the item being added to the buyer's account, or such other timescale as we or a seller may specify when the item is added to the buyer's account. If you foresee a problem in making promptly, kindly contact your seller or admin. Items which have not been paid for within three (3) days may be re-listed at the seller's or hewilondon.com's discretion.
Instalments can also be requested. Please contact our admin team on firstname.lastname@example.org.
Please be aware that any import charges are the buyer's responsibility. All buyers must check if they are liable for import charges before purchase. Neither hewilondon.com nor the seller will be liable for payment of any import duties or taxes on any item. Prices displayed on our Site, including delivery charges, do not include import duties or taxes.
If you wish to make payment by bank transfer, please ensure to select to pay all bank charges on your payment. If all bank charges are not paid, a payment request will be sent by accounts to request the full payment of bank charges.
With regards to returns and refunds, please refer to our Returns Policy which forms part of our agreement with you and our terms and conditions relating to the sale of goods on our Site.
Due to the high demand and interest in celebrity items, these items will be sold on an auction basis.
By placing a bid you implicitly state your ability and intention to pay for the item if your bid has been successful. If you have a question in relation to an item, you should contact admin before placing a bid on the item.
If your bid is the highest in an auction you will enter into a legally binding contract upon conclusion of the auction.
You cannot place a bid lower than the latest bid.
If you decide to bid on an item, you can be outbid by other members.
You may also use the auto-bid system by entering your highest bid and let the site bid for you.
If you enter a Maximum bid value the following rules will apply:
- 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 you will receive an automatic notification via email.
If, when the auction ends, yours is the highest bid, the item will go straight into your account ready for payment. Upon winning an auction, an item must be paid for promptly and in any event within seven (7) days of the item being added to your account, or such other timescale as we or the seller may specify at the time that the item is added to your account.
Withdrawing a Bid or Offer
If you need to withdraw a bid or offer for any item, please contact the seller and our Admin Team immediately. We ask that members be respectful of one another regarding bids/offers/cancellations/and returns.
VIP Coats donation to GOSH
20% from the sale of all VIP coats will be donated to GOSH
If there are bids in the last minute of an auction then the auction end time is extended by 1 minute. This is to avoid last minute bidders winning items when there is a lot of interest in the item, as experienced in live auction houses.
Sellers not using the VIP Service should upload an image of the item together with a description of the item. Sellers are liable for all images and descriptions posted on the Site.
The seller should only sell items permitted to be sold by hewilondon.com in its sole discretion. Please see our Frequently Asked Questions for more information. 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.
When a seller wishes to sell an item with a value over £4,000 (or the equivalent in any other currency) you agree to us holding the item until such time as it is sold on the Site or at least six (6) months from our receipt of the item, whichever is later. Should a seller wish to withdraw the item for sale for any reason before it is sold, a fee of £150.00 will be payable by the seller to hewilondon.com to cover the work involved (including taking and editing pictures of the item and verifying the item) plus any applicable courier and/or postage charges necessary to return the item. Any change to these arrangements must be discussed and agreed prior to our receipt of the items for sale.
We reserve the right to request a separate signed confirmation from any seller that if, at any point following sale of an item through the Site, the item should transpire to be otherwise than claimed, including if it is counterfeit, you agree to return to us any sales proceeds relating to that item, immediately on demand.
As a seller you warrant and represent as follows:
˙The contents of your listing will only consist of material that you have a right to use;
˙You will respect all intellectual property rights of third parties when using our Site, including without limitation in your listing;
˙The item you are listing for sale is genuine and not counterfeit;
˙You are the absolute unencumbered legal owner with the right to sell the items listed; and
˙You will list all items in the correct category with accurate and appropriate descriptions (including regarding the original price paid for the item) and provide such information as we may request.
When a seller receives payment for a sold item from hewilondon.com, all costs arising from PayPal or bank transfers will be passed onto the seller.
If sellers and buyers attempt to conduct transactions outside of hewilondon.com in order to avoid commission charges, they will lose all protection that hewilondon.com offers including rights concerning refund of payments and hewilondon.com reserves the right to charge the seller the relevant commission plus VAT in such circumstances.
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.
20% VAT is payable on all commission charges for sellers based in the UK.
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.
As a seller on hewilondon.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 should familiarise yourself with your obligations under all applicable laws.
You are also responsible for paying all fees associated with using our service and our Site and all applicable taxes.
PostageBuyers are required to meet any costs and charges associated with returning any items unless agreed otherwise with a seller or hewilondon.com in advance.
If tracking and the record of a delivery show that a person with a different name to that of the buyer has signed for a parcel, we reserve the right to delay payment of any sale proceeds due to the seller until confirmation of receipt is received from the buyer.
We reserve the right to require proof of postage from a seller before making payment.
Postage issues, including missing items, must be resolved between buyers and sellers, other than in relation to items purchased through the VIP Service which will be managed by hewilondon.com.
We strongly recommend that all sellers use a recorded or tracked delivery service to deliver items and appropriate insurance cover is purchased. Sellers are responsible for claiming compensation directly from the relevant postal service used when an item is lost in delivery. hewilondon.com will not be responsible for managing any compensation claim or liable to any person for any lost or missing items.
Hewilondon.com should be notified as soon as possible where a buyer has not received a VIP Item and we will assist where possible.
Cancellation of a Sale
When an item has been purchased, the seller is obliged to complete the transaction with that purchaser.
Buyers of items from business sellers, or buyers of items purchased through the VIP Selling Service or celebrity auction are entitled to cancel a sale within 14 days of receipt of an item. Please see our terms and conditions of sale for more information on cancellations and returns and the cancellation form.
The seller may cancel a sale in the following circumstances:
˙A buyer contacts the seller to cancel the sale; or
˙The identity of the buyer cannot be verified and/or payment cannot be taken after trying all reasonable means of contact; or
˙The item is no longer available.
Our Returns Policy and terms on the sale of goods form part of these Terms & Conditions and by using our Site you agree to their terms.
Subject to the exception for VIP Items and items we sell via a celebrity auction, hewilondon.com will not accept any items that any buyer wishes to return. Any item to be returned must be returned to the seller and NOT to us.
VIP Items and items bought through a celebrity auction, must be returned to us directly if they meet the criteria for returns as specified in our returns policy.
Subject to the consumer's legal rights, items may only be returned if they do not correspond with their description or are defective. Under these circumstances hewilondon.com and/or the seller will meet the cost of returning the item, provided such costs are agreed in advance. Otherwise there is no right to return the items or right to any refund unless the seller has specified that it accepts returns prior to the sale being concluded.
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.
For more information on returns please see our Returns Policy and terms and conditions on the sale of goods.
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 sales due to technical errors on the site and/or listings. Please contact us if you have any queries regarding this.
The prices and items displayed on our Site are subject to change and the prices displayed on our Site at any moment are only valid at that moment. The price a buyer pays for an item will be the price displayed at the time the order is placed, except for where the price displayed was incorrect and that pricing error was obvious and unmistakeable.
Hewilondon.com will use its reasonable endeavours to verify an item's original price however hewilondon.com is not liable for the accuracy of original prices stated on an item's listing by a seller.
All members must act fairly and in accordance with the Terms and Conditions. Members may not, for example, take any actions that amount to interference, interruption or manipulation of the hewilondon.com Site or auction system. Prohibited actions include, but are not limited to, encouraging another member to conclude a transaction outside of our Site, or making bids/purchases using a false Member ID.
Use of Site Promotions or Offers
The Site will release promotions and offers from time to time to invite new members or reward existing members. A valid promotion or offer may only be used once and never in conjunction with another promotion or offer, unless otherwise specified.
Personal Information and Privacy
Personal information is any information that a member provides to hewilondon.com and other members of our 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. hewilondon.com may disclose your information, under strict terms of confidentiality and restriction of use, to partners of hewilondon.com who supply services on behalf of hewilondon.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 hewilondon.com partners or advisers. hewilondon.com will not disclose any of your personal information to any other third parties without your express consent.
However, under certain circumstances we may be required to provide 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 without notice to you.
Information of Other Users
You may only use the personal information of other members obtained through the Site as required for your proper use of the Site. You may only use such information in accordance with the law.
Non-observance of the Terms and Conditions
Failure to act in accordance with the Terms and Conditions may lead to the restriction, suspension or termination of your account without refund of any fees paid and hewilondon.com will not be liable for any loss or damage you may suffer or claim as a result of such restriction, suspension or termination of your account.
Limitation of Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
Hewilondon.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.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
˙Use of, or inability to use, our site; or
˙Use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
˙Loss of profits, sales, business, or revenue;
˙Loss of anticipated savings;
˙Loss of business opportunity, goodwill or reputation; or
˙Any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions for the sale of goods.
Consumers have legal rights in relation to items which are faulty or not as described. These legal rights are not affected by anything in these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
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 Site available, we cannot guarantee that they will operate continuously or without interruptions.
Except as otherwise stated, any notices that you wish to send to hewilondon.com should be made via email or registered mail. Any notices that we may wish to draw to your attention will be displayed on our Site or will be sent to the email address registered under your account.
Governing Law and Jurisdiction
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.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
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.