2. In these Terms the following definitions shall apply:
“Agent” – means the person or company who is authorised to act on behalf of another person as a representative for the sale of their personal Items, in this case being POD Boutique Ltd;
“Agreement” means any contract entered into between Agent and Buyer;
“Buyer” or “you” means the buyer of any item(s) which is sold through the Agent;
“POD Boutique Ltd”, “The Pod”, “POD”, “us”, “we” and “our” means POD Boutique Limited, a limited company registered in England & Wales (registered number 08323762) whose place of business is at Bar Lane, Roecliffe, YO51 9LS.
“Item(s)” and “Item” means any garment or other item sold by POD;
“Fee” or “Fees” - means the amount POD charges for its’ services;
“Price” means the price at which an Item is marketed by POD;
“Regulations” means the Consumer Protection (Distance Selling) Regulations 2000;
“Seller” means the person on whose behalf we are selling an Item;
“Terms” means these Buyers’ Terms and Conditions; and
"Website” means our website www.thepodonline.com.
(b)It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
(c) All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time. Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
(d) When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, which is harmful in nature including, and without limitation, computer viruses, corrupted data, or other potentially harmful software or data.
(e) Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
(f) Any party wishing to link to this website must obtain full written permission from POD Boutique Ltd. By linking to this Website in breach of this clause you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
Display of Items on the Website
4. All Items offered for sale on the Website are used or “pre-owned” Items which we are selling as Agents on behalf of private third party sellers. By agreeing to these Terms you acknowledge that in offering to purchase and/or purchasing any Item we act as Agent for a Seller (our principal).
5. While we make every effort to describe and display every Item as accurately as possible, you should be aware that the colour and appearance of the Item as displayed on your computer monitor or any other display may differ slightly from the actual colour and appearance of the Item.
6. Items sold through the Website are sold “as is” and accordingly we encourage Buyers to carefully review all photographs and the description of the condition of any Item which they are considering buying. We also encourage you to contact us if you have any queries about an Item before making an offer to buy it.
7. The stated Price is designed to reflect the fact that the Item is pre-owned, taking into consideration the condition of the Item and a number of other factors including, without limitation, the original retail price of the Item, the age and style of the Item and other relevant market factors.
8. The display of Items and prices on the Website does not constitute an offer on our part. No Agreement shall come into existence unless and until we accept your order for an Item.
9. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
10. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
11. Once you have placed your order we will send you an acknowledgement by email. This email is merely a confirmation that we have received your order and does not constitute acceptance of your order.
12. Acceptance of your order will be deemed to occur when we email you to confirm the Item(s) has been despatched to you, at which point an Agreement will come into existence between us. The Agreement shall be governed by these Terms to the exclusion of all other terms, conditions and representations whether written or oral.
13. The Agreement will relate only to those Products whose despatch we have confirmed. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate email to yourself.
14. We reserve the right in our absolute discretion to reject any order that is placed with us and/or to withdraw any Item displayed on the Website at any time before your order is accepted.
15. If you enter into an Agreement with us on behalf of a business, you represent that you have the authority to legally bind the business to the Agreement.
Prices and Payment
16. All prices on the Website are provided in pounds sterling.
17. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation of.
18. All prices are exclusive of postage and packing which shall be charged at the current rates stated during the purchase process.
19. We accept payment in pounds sterling only by credit/debit card and PayPal on our Website. We may accept other forms of payment from time to time, which will be clearly indicated on our Website.
20. When making a payment on our Website, you confirm that you are the account holder and/or you have authority to make the payment.
21. We accept no responsibility for your card issuer to refuse payment authorisation and we shall not be liable for any resulting delay or non-delivery.
22. Once your order has been confirmed, we will aim to fulfil your order as set out by our Shipping terms on our Website.
Returns and Refunds
23. We act as an agent for private sellers, and as such all sales made on the Website are final. It is your responsibility to check the item is suitable and ensure you have read the product description in full. Returns will only be accepted if the item is not as described, in accordance with the Returns policy on our Website.
24. Returns must be received (quoting the returns authorisation number) within 7 days of the issue of the returns number. You must pay for the cost of returning the Item.
25 You must return the unused Item to us in the same condition in which you received it and in the same packaging, and at your own cost and risk. All tags and labels must remain attached.
26. You are under a duty to take reasonable care of the Item whilst it is in your possession, so we therefore recommend that you send the Item by recorded or special delivery and insure it during transit to ensure that it reaches us in good condition. We accept no responsibility for Items which are lost, delayed or damaged in transit. If you fail to comply with this obligation, we may have a right of action against you for compensation.
27. Provided we receive the Item in the same condition as that in which we sent it to you, within 7 days of the issue of the returns number, and can see the description provided was not suitable, we will provide you with a full refund in accordance with our Returns policy on our Website.
28. Returns outside of the time frames described above may be accepted at the sole discretion of POD.
Limitation of Liability
29. As all Items are pre-owned, all are sold on an 'as seen' basis, based upon the descriptions and images appearing on our Website. You acknowledge, however, that such Items may show signs of wear and usage, as is typical of pre-owned items. We shall use all reasonable efforts to provide descriptions on our Website of any flaws, stains or damage affecting any Item, to the extent that they are reasonably apparent upon our inspection.
30. We do take every reasonable step to verify authenticity of Items, but if they are later found to be counterfeit or 'fake', we will refund the purchase price to you upon your return of the Item to us.
31. Save to the extent required by law, we shall not be liable for any inaccuracy, error, miss-description or omission in any description of an Item marketed on the Website or otherwise.
32. To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.
33. Our aggregate liability to you under these Terms shall be limited to a sum equivalent to the total value of your order.
34. The limitations in clauses 30, 31 and 32 shall not apply to limit our liability if and to the extent that we have been guilty of fraud or dishonesty, or in relation to a claim for death or personal injury resulting from our negligence.
35. We shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control.
36. None of the provisions contained in these Terms affect your statutory rights.
37. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Events Outside our Control
38. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement, that is caused by events outside our reasonable control (Force Majeure Event).
39. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government.
40. Our performance under any Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
41. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.
42. No person other than POD Boutique or a Buyer shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
43. These Terms shall be governed by interpreted in accordance with English law.