Terms and Conditions of Supply

1. When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

2. When we refer to 'we', 'us' or 'our', we mean Fashion Concierge UK Limited. Where we refer to 'you' or 'your' we mean you, the person using the Services.

3. We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products. Furthermore, please note that we may amend these Terms and Conditions from time to time so please check the relevant section of the App regularly and each time you use the Services to order products (to ensure you understand the legal terms which apply at that time).

1. We are Fashion Concierge UK Limited and we operate the App. We are a company registered in England and Wales and our registered office is at The Bower, 211 Old Street, London EC1V 9NR, United Kingdom. Our registered company number is 10433518 and our VAT number is GB 284 5170 90.

2. We provide the Services to you through the App. Further details of the Services we provide are set out in section 3 below. When you purchase products using the App, you are purchasing them from the third party retailers (Partner(s)) named on the App. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

3. While the App is owned by us, we have sub-contracted the operation of certain aspects of the App and our Services to Black & White, a trading division of Farfetch. As such, Farfetch provides and/or procures certain services on our behalf to enable the operation of the App and for you to search through the App and purchase products from Partners. Such services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics. Farfetch UK Limited (Farfetch) is a company registered in England and Wales and its registered office is at The Bower, 211 Old Street, London EC1V 9NR, United Kingdom. Its registered company number is 06400760 and its VAT number is GB 204 0769 35.

1. The Services we offer allow you to search through the App and purchase products from a large number of Partner boutiques and brands worldwide. As part of the Services, we also provide some ancillary services such as sourcing products from third party boutiques, arranging delivery of the products and providing you with customer service assistance without charge. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.

2. Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.

3. In order to use the Services you must be at least 18 years of age.

If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for:

1. death or personal injury caused by our negligence;

2. fraud or fraudulent misrepresentation;

3. any other liability which cannot be limited by law.

1. We attempt to be as accurate as possible in the description of the products displayed on the App. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact us via the instant messaging function of the App and/or via email at support.fc@fashion-concierge.com if you would like more information about a product. The images of the products on the App are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your device's display of the images accurately reflects the true colour of the products.

2. We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the App. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to arrange a return.

3. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

4. The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.

1. As explained above, the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent and are authorised by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.

2. We request that all Partners have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners' business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.

1. By completing the check-out process and placing an order by clicking the 'I ACCEPT' button on the checkout page, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner until it is delivered to you at the address specified when you placed your order.

2. To order products you must be at least 18 years of age and possess a valid credit or debit card (please see section 7.4(c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are at least 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.

3. The App allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).

   
   
   1. Formation of the contract between you and the Partner(s)

      The identity of the Partner is shown on the order confirmation page when you place an order.

      When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. If your order is accepted, we will send you a confirmation email, which forms the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see section 10 below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner.

   2. Pricing and availability

      Whilst we try and ensure that all details, descriptions and prices that appear on the App are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

      If you are viewing the App in the UK or a country in the EU, the product prices advertised on the App from Partners located within the EU are inclusive of the VAT charged by the relevant Partner. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the 'Total Cost' amount shown on the order summary page).

      Depending on your delivery address, different taxation rules and fluctuations in exchange rates, additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a 'landed cost estimate' before placing your order.

      For US customers, we do not collect sales or use tax in all states. We do not collect use tax for international purchases. For states imposing sales or use tax, your purchase may be subject to use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.

      Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.

   3. Payment

      We accept payment from all major credit card providers. When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of the relevant Partner, and products will not be dispatched until the details you have provided are verified. Once we have verified your payment details and the Partner has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.

4. We reserve the right not to submit your order to the Partner, and the Partner reserves the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).

1. The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We (and not the Partners) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15.4 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

2. Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for same day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times.

3. If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.

1. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.

2. If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7.4(b) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.

1. Please see our 'Returns Policy' page for information on returns, exchanges and our free returns service. For further information on cancelling your order under the CCRs, please see below.

2. Cancelling under the Consumer Contracts Regulations

   Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the CCRs) or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to the relevant Partner you will receive a full refund, including the original delivery costs; however you will be liable to arrange and cover the full cost of returning the order to the Partner.

   Except in relation to certain types of products as set out on the 'Returns Policy' page, you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products (the cooling-off period).

   To cancel a contract, you must clearly inform us, preferably:

   
   

   1. via the instant messaging service within the App or by email to support.fc@fashion-concierge.com. In this case, please provide your name, home address, details of the order (including the relevant order number) and, where available, your phone number and email address; or

   2. completing the returns/cancellation process within the App.

By using the App, you agree to our Terms and Conditions of Use which are the rules that apply to your use of the App (whether or not you use it to order products or just to browse). If you do not agree to these rules, you are not permitted to use the App and you should delete it immediately.

We only use your personal information in accordance our Privacy Policy (the Privacy Policy). Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the App, you consent to the use of your data as described in the Privacy Policy and you warrant that all data provided by you is accurate.

As a reputable and trusted business committed to offering its customers high quality products, we recognise our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment; freely chosen employment; health and safety; freedom of association and the right to collective bargaining; no discrimination; no harsh or inhumane treatment; working hours; rates of pay; and terms of employment. We will never knowingly allow a Partner to offer its products on the App if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partners and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.

1. Severability

   Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

2. Waiver

   If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our directors), and that will not mean that we will automatically waive any later breach by you.

3. Entire agreement

   These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

4. Events outside of our control

   We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

   An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

   If such an event takes place and it affects the performance of our or the Partners' obligations to you:

   
   

   1. we will contact you as soon as reasonably possible to notify you; and

   2. our and the Partners' obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

5. Complaints

   We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please contact us via email at support.fc@fashion-concierge.com.

Anything related to your order, use of the App or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.