SheerLuxe Community Pre-loved Sales Terms
SheerLuxe Community Pre-Loved Sales Terms
The following terms (the Preloved Sales Terms) apply to the use of all Preloved Topics on the Preloved section of the SheerLuxe Community site.
The Preloved Sales Terms apply to your use of the Preloved section on the SheerLuxe Community site and features that we make available to you to display, promote, offer, market, or sell products and services to users of the SheerLuxe Community.
The Preloved Sales Terms incorporate the SheerLuxe Community Terms of Service and the SheerLuxe Community Privacy Notice, which apply to you when you create a Preloved Topic. You are also bound by the following terms and conditions:
To the extent that you use other parts of the SheerLuxe Community in connection with your use of the Preloved section, the Preloved Sales Terms form part of the overall terms that apply to your use of the site and those other terms continue to apply. To the extent of any conflict between the Preloved Sales Terms and any other terms, the Preloved Sales Terms shall govern solely with respect to your use of the Preloved section.
How do I Sell A Preloved Item?
To sell a preloved item on the SheerLuxe Community, you must sell it on the Preloved section of the SheerLuxe Community site.
To sell an item, you must create a preloved topic (Preloved Topic). Comments made under a topic then create a thread (the Thread).
Every item must be sold separately, so only one (1) item can be sold within a Topic, except for items which are naturally sold together at retail e.g. shoes or gloves.
What Can I Sell?
You are able to sell items which are new or used, which belong to you, or which you have express permission to sell and which adhere to our Preloved Topics Schedule.
The Preloved Topics Schedule gives a full breakdown of what can and cannot be sold, some examples of which include: digital products or subscriptions, animals, prescription drugs, perishable goods, event tickets and gift cards.
PayPal
All payments must be made through PayPal only.
SheerLuxe reserves the right to immediately remove any Preloved Topic where sales are made through any other method of payment.
Delivery
You must wait to confirm your PayPal account is fully verified before you arrange postage.
Be aware PayPal may need you to add a funding source or confirm your email to be able to send you payments.
Before you arrange shipping for your item, check your PayPal account for your payment. Make sure your payment has completed and the funds are visible in your PayPal balance. When you have confirmed this, you can post your item.
ALWAYS send your items tracked and recorded so you are covered should anything go wrong.
ALWAYS keep a record of proof of postage.
Your Responsibilities
You remain entirely responsible for the Preloved Topic throughout the entirety of the journey of its sale, whether the sale is successful or not, and whether it is refunded or not.
You are responsible for ensuring the integrity and safety of the contents of the Preloved item.
You are entirely responsible for any defect or non-conformity in any item or service that you offer and for complying with any recall or safety alert, or similar direction or notice, with respect to any product or service related to your Preloved Topic.
You must ensure the entirety of the contents of the Preloved Topic and anything you add within the Thread, are true, accurate, complete and current at all times, including but without limitation, the description, price, relevant taxes or fees, delivery information and other advertisements or offers.
You must ensure you provide all the necessary information for users to make an informed decision regarding the purchase.
On notice of any recall or safety alert, or similar direction, or claim of infringement of intellectual property rights relating to your Preloved item for sale, you agree to promptly remove the relevant Preloved Topic.
Pricing And Taxes
You are solely responsible for setting the price of the item and the cost of the delivery.
You are solely responsible for all determinations, calculations, collections, withholdings, reporting and remittance of applicable taxes, duties, fees, surcharges and additional charges (“Taxes and Fees”) for sales that result from your use of the Preloved section.
SheerLuxe will not advise any seller (including SheerLuxe employees) in relation to pricing strategy, nor will it be involved in any part of the selling process, should there be a query or disagreement in relation to the value of the item.
It is a matter for the seller and the buyer if they wish to enter into a negotiation on the price of the item for sale or to offer a discount. SheerLuxe will not become involved nor offer an opinion on any of this process.
You are responsible for communicating with users in connection with your Preloved Topic. You are responsible for providing, managing, paying for and fulfilling any sales, warranty customer service, returns, refunds, or accommodations to users in connection with your use of Preloved Topics.
Consent
By posting a Preloved Topic, you grant us certain implied permissions to use your Preloved Topic and its content. We may displace Preloved Topics shared by your or on your behalf on the SheerLuxe site and all related social platforms.
Your grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate and create derivative works of the Preloved Topic and any other content, data or information shared by you or on your behalf within the Preloved topic, or accessed by us in connection with the preloved listing, including photos and videos (together with your Community profile), and in connection with the Preloved Section.
By posting a Preloved Topic you acknowledge, represent, and undertake that you have all necessary rights to sell the item or items listed and grant us the licenses and rights set forth in the Preloved Terms.
Our Services
We may modify or cease providing our services without notice and without providing any reason.
We may modify or cease operating the Preloved Section ,with or without notice or liability to you. We may test improvements that affect your use of our services.
From time to time, we test improvements to our users and delivery systems, which may affect how your Preloved Topic is displayed or your use of the Preloved Section or other related Community services. Testing is designed to improve the effectiveness of our service, but we are not responsible for any impact that may arise from it.
Loss or Grievance
Should the situation arise where a loss occurs, SheerLuxe will not refund, reimburse, replace or make good on any action so as to remedy any seller or buyer.
Should the situation arise where a disagreement occurs, SheerLuxe will not act as mediator nor enter into communication with either party and reserves the right to engage the relevant terms & conditions.
Miscellaneous
We may review your Preloved Topic to ensure the integrity of the SheerLuxe Community, but this does not alter your obligation to us or to the users.
These reviews may include automated or other audited of Preloved Topics to verify compliance with the Preloved Sales Terms and any applicable law, but does not mean that we assume any responsibility or liability, or otherwise agree to modify your responsibilities and liabilities under the Preloved Sales Terms or other applicable terms.
While we may provide certain services to enable a transaction, we have no control over and do not guarantee the performance or actions of any buyer - including the ability of buyers to pay for products that you offer - or that a buyer will actually complete a transaction.
Your Use Of SheerLuxe’s Users' Data
You may only use user data in accordance with The Preloved Community Terms. You may only use any user's data, content, or other information that you receive from the SheerLuxe Community in connection with your use of the preloved listings ("User Data") in accordance with (a) our terms and conditions, (b) our privacy policy and the terms of sale that you make available to users, and © all applicable laws, rules, and regulations, namely (but not exclusively) the UK General Data Protection Regulation (GDPR). To the extent that there is a conflict between or amongst any of the above, the most restrictive term, policy, law or regulation shall apply. You may not sell or misuse User Data. Without limiting the generality of the foregoing, you may use User Data (i) to support the transactions arising from the user's use of the preloved listings or (ii) for any purpose for which you have obtained the valid consent of the user or otherwise have a legal basis.
- We are both independent controllers of User Data. To the fullest extent permitted by the laws of the European Union and the United Kingdom, we are considered separate and independent data controllers of the personal information of users. As such, we each independently determine the purposes and means of processing User Data and therefore SheerLuxe are not responsible for your use of User Data. If we are found to jointly control such User Data and we are held responsible in any way for its use, you agree to indemnify any issues arising from processing the User Data. Where you and a third party jointly determine the purposes and means of specific data processing actions with respect to your preloved listing(s), you agree that you and such party shall be a joint controller of such User Data. In this case, you and such party are responsible for complying with your obligations under all applicable law.
- You will cooperate with us to help ensure user privacy. You will promptly notify us in writing (by email to info@sheerluxe.com) when you become aware of a security incident or receive notice of any regulatory or enforcement inquiry regarding privacy or data security in connection with your use of preloved listings or User Data, including any involving your Service Providers unless you are otherwise instructed by a law enforcement or regulatory agency. You will cooperate with us in investigating and remediating a security incident and in responding to a regulatory inquiry or enforcement.
Enforcement of Our Terms
We reserve the right to review your use of our Preloved Section and take any actions we deem necessary or advisable at our discretion to protect us or our users, which may include remedies up to and including suspension or termination of any or all of our services to you.
Our failure to enforce any part of our terms or policies is not a waiver of our right to do so later.
In connection with our review of your use of the preloved listings, we may request information from you. You hereby agree to promptly comply with our requests.
Indemnification
In addition to and without limiting the scope of the indemnification obligations set out in the terms and policies listed above
You agree to indemnify and hold us harmless from and against any claims (including but not limited to claims for property damage, bodily injury, or death, and to the extent permitted by law, claims based on our negligence), damages, losses, and expenses of any kind (including reasonable legal fees and costs) (collectively, "Claims") arising from or related to your sale of products using our preloved listings, the products that you sell using our preloved listings, your acts or omissions with respect to User Data or any breach or alleged breach of the Preloved Sales Terms.
You agree to indemnify and hold us harmless from all claims related to Taxes and Fees, including any penalties and interest ("Tax Liabilities") that may result from your use of the Preloved Section. You agree that (a) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (b) you are solely responsible and liable for payment of Tax Liabilities and (c) you shall not seek reimbursement from us for Tax Liabilities.