Terms and Conditions - Selling to Growth Spurtz
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we purchase clothes from you.
1.2 Why you should read them. Please read these terms carefully before you agree to sell your clothes to us. These terms tell you who we are, how we will buy clothes from you, how we both may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Growth Spurtz.
2.2 How to contact us. You can contact us by emailing Karen at: firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so primarily by writing to you at the email address or postal address you provide to us, alternatively we will contact you by telephone.
2.4 “Writing” includes emails and chat messages. When we use the words “writing” or “written” in these terms, this includes emails, chat messages and messages and information sent via social media messaging services and through forms on our websites.
3. Our contract with you
3.1 How you will accept our order. Your acceptance of our order will take place when you agree to our offer in writing, at which point this contract will come into existence between you and us.
3.2 If you do not accept our offer. If you do not accept our offer we will not await the delivery of your clothes or pay you. No contract will be in place between us.
3.3 We only buy from sellers in the UK. We only buy from sellers in the UK. At present, we do not buy from sellers outside the UK.
4. Your clothes
4.1 Your clothes must meet our Quality Standards. We only purchase clothes which meet strict Quality Standards. In accepting our offer, you are agreeing that your clothes meet these Quality Standards. The price we agree to pay for your clothes is subject to every item meeting these Quality Standards.
4.2 These are our Quality Standards. You are confirming that all items of clothing you sell to us:
- Are children's clothes sizes in age from newborn to 16 years and no older;
- Are maternity dress sizes up to Size UK 20;
- Are from Brands that are sold in the U.K. and contain the original garment labels;
- Children's shoes that are in good condition only;
- Are without any stains or marks of any kind;
- Are free of rips, tears, holes or pulls;
- Have zips, buttons and fastenings which are complete and functioning;
- Are not badly faded or visibly worn out;
- Are not stretched or misshapen and true to their original size;
- Are free of bobbling;
- Any whites are still white;
- Do not feature school emblems, logos or other location-specific motifs;
- Are free of name tags or pen name markings;
- Are not otherwise personalised;
- Are freshly laundered and in clean condition.
4.3 You must send the clothes that you have shown us in your photographs. We will require you to supply photographs of all of the items of clothing you are selling to us (we can accept photos of groups of items). You must only photograph items that you are selling to us. The photographs should be of the clothes in the same condition in which you intend to sell them to us.
4.4 You must accurately weigh your clothes. You must accurately weigh all of the items of clothing you are selling to us and confirm the combined weight, excluding the packaging. Our offer price will be based on the total weight of the clothing.
4.5 You may need to confirm the weight of Maternity Clothes or Shoes separately. To enable us to make you an accurate offer, we may need to know weights of these separately.
4.6 You will need to arrange and pay for the delivery of the items to us. Items must be securely packaged and sent using a tracked delivery service as we cannot pay for any items that do not arrive with us. If a parcel does not arrive you will need to pursue a lost parcel case with the carrier and our contract with you will cease at that point.
5. Our right to make changes
5.1 We reserve the right to make changes to your order:
(a) if the weight of the items of clothing delivered to us is different to what you told us prior to the order being placed;
(b) if any of the items received do not meet our Quality Standards;
(c) if any of the items of clothing you send are different to the ones shown in the photographs you provided;
(d) if any of the items of clothing you send are in sizes which are different to those agreed; or
(e) if a parcel arrives incomplete or items are damaged due to inadequate packaging;
If we do change the order after your clothes have been delivered we will pay a reduced amount for your clothes based on the actual weight of the items of clothing delivered to us that meet our required Quality Standards.
6. Sending your clothes to us
6.1 Delivery cost. We will not pay the cost of collecting your clothes once an order had been agreed. You will be responsible for the delivery costs and posting arrangements.
6.2 We are not responsible for delays to delivery. If the delivery of your clothes is delayed by an event outside your control then please contact us as soon as possible to let us know. We will not be liable for delays caused by the event, but if there is a substantial delay you may contact us to end the contract. We will not pay you for your clothes if this happens.
6.3 It is your responsibility to package the clothing securely. You must securely package the clothing prior to sending. This means putting your clothing into a good quality black dustbin sack, closing the opening with strong parcel tape and then wrapping the parcel with parcel tape such that it is protected during transit. You must also enclose a paper copy of our agreement inside the parcel.
6.4 If your clothing is damaged or lost during transit due to poor packaging. If your clothing is lost or damaged during transit because it has not been securely packaged, we will not be liable for any losses.
6.5 When we become responsible for the clothes. Your clothes become our responsibility from the time the courier delivers them to our address.
6.6 When we own the clothes we wish to purchase. We own the clothes once you have received payment for them.
6.7 When we own any items you send that we reject. We own any items that we reject as set out in clause 10.3.
7. Our right to end the contract
7.1 We may end the contract if you break it. We may end the contract to purchase your clothes at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to purchase the items;
(b) you do not despatch the items within 30 days of accepting our offer;
(c) you do not supply the exact clothes you send us photographs of in accordance with our Quality Standards and in the sizes, quantity and weight you indicated prior to us placing an order.
8. How and when you will be paid
8.1 You will be paid once your clothes have been delivered and checked. You will be paid the amount agreed for your clothes, less any deductions, once the quality, quantity and weight of your clothes has been confirmed. By entering into a contract with us, you agree to being paid only once your items have been checked and you agree that that the final price you are paid may differ from our offer price for the reasons stated in this contract.
8.2 Your clothes may not be checked immediately. We aim to check all items of clothing as quickly as possible after they are delivered. We provide no guaranteed timescale for checking your clothes. There may be a delay to your items being checked during busy periods, we will notify you by email if for any reason this is expected to be after 7 days of receipt.
8.3 You will be paid by BACS, PayPal or Store Credit; Prior to accepting our offer, you will be asked how we should pay you. We will pay by bank transfer, Paypal or in store credit which can be redeemed on the Growth Spurtz website only.
8.4 The price we will pay. The price we will pay you will be agreed in writing prior to you accepting our order. Our offers are made on an individual basis taking into account all of the items offered for sale.
8.5 Deductions will be made at our discretion. All clothes you send to us will be thoroughly checked. We may make deductions to the price we pay for any of the reasons stated in clauses 5.1, 6.4 and 4.2. Deductions will be calculated by weighing all of the clothing which we are not willing to pay for and deducting a pro rata amount from our offer price.
8.6 You will be notified if we make deductions. We will email you to notify you of any deductions we intend to make and the reasons for those deductions.
9. Your right to cancel our order
9.1 Your right to refuse our revised offer. You may cancel our order at any time up to when you are paid for the items.
9.2 If you cancel your order after your items have been delivered to us, you will need to pay for a courier to return your items to you. If you cancel our order after your clothing has arrived, you will need to arrange and pay for a courier to collect your items from us.
10. Your right to arrange for rejected items of clothing to be returned to you
10.1 If we reject your items of clothing, you may arrange to have them returned to you. Any items of clothing you send us which are rejected for the reasons stated in clause 5.1 will remain your property. You have the right to arrange and pay for a courier to collect them from us. If you wish to do this, please notify us in advance in order to agree a date and time for collection.
10.2 If you cancel the contract after your items have been delivered, you may arrange to have them returned to you. If you opt to cancel the contract at any time after your items have been delivered to us, you have the right to arrange and pay for a courier to collect them from us. If you wish to do this, please notify us in writing (via email) in order that we can confirm a date for collection.
10.3 You have 7 days to confirm what you wish us to do with any rejected items. Starting at the time you are notified that the items of clothing you sent to us have been rejected, you will have 7 days to arrange collection or confirm that you are happy for us to dispose of the items. If you do not contact us to do this, your items become our property and will be disposed of in accordance with clause 10.4. If, at any time within the 7 day period, you confirm in writing that you do not wish your items to be returned to you, the items immediately become our property.
10.4 If you do not want items returned, they will be disposed of at our discretion. Any items which do not meet our Quality Standards and which you do not want returned, will become our property by default. We may do any of the following:
(a) Send the items to be recycled;
(b) Donate the items to a charity shop for resale; or
(c) Attempt to return the items to a saleable condition and then offer the items for sale to our customers.
The means of disposing of your unwanted items will be entirely at our discretion.
11.1 If you choose to donate your clothes, we may not ask you to complete all of the steps in our purchase process. You may not need to provide as much information about your clothes, if you choose to donate them. Donations are assessed on a case-by-case basis and the acceptance of donations is entirely at our discretion.
11.2 If you donate your clothes to us, some clauses will not apply. If you elect to donate your clothes to us, the following clauses will not form part of our contract with you:
- clause 5.1;
- clause 6.1, 6.6,
- clauses 8.1, 8.3, 8.4, 8.5 and 8.6; and
- clauses 10.1 to 10.4.
11.3 If you donate your clothes, they become our property as soon as they are delivered to us.
12. If there is a problem
12.1 How to tell us about problems. If you have any questions or complaints about any aspect of our order or our service, please contact us. Write to us at email@example.com
12.2 Summary of your legal duty. You are under a legal duty to supply clothing that is in conformity with this contract.
12.3 Cancelling or changing an order after despatch. If you wish to cancel or change our order after you have sent your clothing, but before you have been paid, please request this by emailing firstname.lastname@example.org quoting your purchase order number. You will be asked to arrange a courier to collect your clothing, in accordance with clauses 9.2.
13. Our responsibility for loss and damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you, and of satisfactory quality; and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only purchase clothing from domestic and private suppliers. If you are selling your clothes on behalf of any commercial organisation or for commercial purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to purchase clothing from you;
(b) to process our payment for your clothing; and
(c) if you agreed to this during the order process, that we may contact you about purchasing from you again in the future, but you may stop receiving our communication at any time by contacting us or unsubscribing.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.