TERMS & CONDITIONS

TERMS & CONDITIONS

  1. INTRODUCTION TO LBD
    1. Introduction to Little Black Door. Little Black Door (LBD) provides a platform for you to upload and view your clothes Wardrobe, create a Lookbook, share and borrow your Wardrobe and Lookbook and buy and sell pre-owned fashion Items. Consequently, in most cases LBD only acts as an intermediary between Buyers and Sellers and does not provide any goods or services outside of that scope.  

1.2 What these terms cover. The following terms and conditions (Terms & Conditions) set out the legally binding agreement under which you to use our website (www.littleblackdoor.io (the Website)) and the services provided on the Website and via the LBD App (available on iOS and Android devices) (collectively the LBD Platform). You will be required to read, accept and agree to comply with these Terms & Conditions and all other terms and conditions, and policies incorporated herein (collectively the Terms) when visiting our Website or accessing the LBD Platform. The LBD Platform is provided on an ‘as is’ basis and without warranty or representation. 

1.3 Why you should read them.   Please read the Terms carefully before you sign up to LBD Platform, by using the LBD Platform you agree to be bound by these Terms.  This is a legally binding contract.  Please note that these Terms may be updated or amended from time to time and ensure you check the Terms regularly as your use of the LBD Platform will be subject to the most recent version of the Terms posted on the LBD Platform at the time of use. If you think that there is a mistake in the Terms, please contact us at [email protected] to discuss. We reserve the right to restrict, suspend or terminate your use of the LBD Platform at any time if we believe, in our absolute discretion, that you have breached these Terms.  For information on how we collect, store and process your personal data please refer to our Privacy Policy, and our use of cookies, please refer to our Cookie Policy. Please be aware that you are bound by any third party terms and conditions which are incorporated into these Terms by reference, in addition to our own.  

All Members of the LBD Platform are required to accept the Terms, if you do not accept the Terms you MUST stop using the LBD Platform immediately and must not register as a Member.

  1. DEFINITIONS:

Cookie Policy: [insert URL].

Commission: means the commission rate specified by LBD on the LBD Platform ;

Estimated Resale Value: the estimated resale value provided by LBD to a Member in respect of an Item.  Please note that this an estimate only and LBD makes no guarantees on the Item achieving this value.  

Fee Avoidance: any action by a Buyer or Seller to avoid paying Commission or any other fees to LBD. This includes but is not limited to any steps taken to direct Members to alternative sites or directly communicating with another Member(s) for the purpose of completing a transaction outside of the LBD Platform. 

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. 

Lookbook: means the look book which a Member can create on the LBD Platform.

Item(s): goods including but not limited to: dresses, bags, tops, shoes, jewelry, accessories, jackets, trousers, skirts and outerwear.

Member(s): any individual who registers to use the LBD Platform as a Seller or Buyer. Members log in to access the LBD Platform, upload information as a Seller about Items wish to sell to Buyers or search for Items as a Buyer. 

Privacy Policy: [INSERT URL WHEN READY]

Profile Card: means the profile card which you can create on the LBD Platform.

Buyer(s): A registered Member who wishes to buy Items available through the LBD Platform subject to these 

Terms. 

Seller(s): A registered Member who makes Items available to buy through the LBD Platform subject to these Terms. 

Service(s): the services provided on the LBD Platform including the facilitation of peer-to-peer sales of Items. 

Terms: incorporates these Terms & Conditions, the Privacy Policy and Cookie Policy and any other terms provided to you by LBD.  

User(s): means anyone who uses the LBD Platform who is not a Member.

Wardrobe: means the virtual wardrobe which a Member can create on the LBD Platform. 

Website: www.littleblackdoor.io 

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 Who we are. We are the creators of the LBD Platform and operate under the company name Fashion on the Block Limited (Trading as Little Black Door or LBD), a private limited company registered in England and Wales under company number 11724731 and with a registered office at 18 Fairyfield Avenue, Birmingham B43 6AG (LBD/we/us/our).

3.2 How to contact us. You can contact us by email on [email protected] if you have any questions or issues. 

3.3  How we may contact you. If we have to contact you, we will do so by writing to you at the email address by telephone or postal address you have provided to us.

3.4   “Writing” includes emails. When we use the words “writing” or “written” in these Terms, unless otherwise specified this includes emails.

4. THE LBD PLATFORM AND BECOMING A MEMBER OF THE LBD PLATFORM

4.1 The LBD Platform.  The LBD Platform offers a number of services, the details of which are set out on the LBD Platform and these Terms. To fully enjoy the services available on the LBD Platform you must register as a Member.  Subject to compliance with these Terms, you are granted during the term of this Agreement a non-transferable, non-exclusive, non-sublicensable license to the LBD Platform for your personal use. You understand that your use of the LBD Platform and Services does not confer to you any Intellectual Property Rights held by LBD and/or its licensors. You are merely given a license to use the LBD Platform provided by LBD in accordance with these Terms.

4.2 Who can use the LBD Platform. You can be a User of the LBD Platform and look at the public content available.  To be able to use any features you must register as a Member.  You should not use the LBD Platform if you are a direct competitor of LBD and the services which LBD offers and are investigating LBD for competitive research.  You should not use the LBD Platform for any harmful, malicious, disruptive or unlawful purpose. You agree that you will act in compliance with any instructions provided by that we provide you from time to time.  To be able to use all the features of the LBD Platform you must register as a Member. To register as a Member, you must:

(a) be over 16 years of age;

(b) complete any verification processes we require;

(c) if you are registering an account on behalf of a company or other entity you warrant that you have all necessary permissions and authority to bind that company or entity and that you are entitled to give us the licenses and permission required under these Terms; 

  1. ensure that you have all relevant rights, licenses and/or approvals in relation to any Items, material or content you post or make available for purchase on the LBD Platform;

LBD reserves the right to reject an application to join as a Member at its sole and absolute discretion without reason.

4.3 Own risk.  You use the LBD Platform at your own risk and are solely responsible for your interactions with Members and how you use any information obtained in connection with the LBD Platform. 

4.4 Provided on an “as is” basis.  The LBD Platform is provided on an “as is” basis and we disclaim to the fullest extent permitted by law all warranties, express or implied, statutory or otherwise.  Specifically, we make no representations, warranties or guarantees about the following:

(a) the accuracy, reliability, completeness, correctness or timeliness of the LBD Platform or communications provided on or through the use of the LBD Platform;

(b) that the LBD Platform will be uninterrupted, or free or errors, viruses, or other harmful components. 

4.5 Availability of the LBD Platform.  We may discontinue or make changes to the LBD Platform at any time.  If this has a material impact on the service you receive from the LBD Platform and you have paid anything to LBD in connection with the use of the LBD Platform, you may be entitled to a refund.   We do not guarantee that the LBD Platform will be available at all times and on an uninterrupted basis.  

4.6 Member registration.  You can create a Member account on the LBD Platform using an email and password, via Google, the Facebook Connect feature or any other login methods which we permit from time to time  .  You agree that the information you provide to us upon registration as a Member and, at all other times, will be true, accurate, current and complete.  Please update your account or contact us if any of your information needs to be updated.  You will receive a Member account activation email when you have successfully registered. When using the Facebook Connect function to register as a Member on the LBD Platform, you will be asked to allow LBD to access information on your Facebook account, this includes name, Facebook user name, email address, gender, date of birth, profile picture, friends list and other information contained in your Facebook account.  You may restrict the information shared through your Facebook account privacy settings.  Whilst membership to the LBD Platform is currently without charge, LBD reserves the right to charge for any access in the future.  In the event that we charge for access or features we will inform you.

4.7 Password.  When you register for the LBD Platform you will be asked to create a password for your Member account (or if connecting via social media login using the password connected with that account).  As you will be responsible for all activities that occur under your password, including ordering any Items.  You are solely responsible for maintaining the confidentiality of your Member account and password and any debit or credit card information submitted thereunder, and for restricting access to your computer or any device which you use the LBD Platform.  Your member account is intended for your sole personal use.  You agree to accept responsibility for all activities that occur under your Member account.  If you have reason to believe that your account is no longer secure (for example, in the event or loss, theft or unauthorised disclosure) you are required to immediately notify us.  You may be liable for the losses incurred by us or others due to any unauthorised use of your account.  LBD shall under no circumstance be liable for any loss or damage arising from your failure to keep your Member account secure. 

4.8 How you will use the LBD Platform.  In connection your use of the LBD Platform, you agree that you shall:

  1. comply with these Terms at all times;
  2. comply with all applicable laws or regulations at all times;
  3. not do anything to interfere with or disrupt the LBD Platform or servers or networks connected to the LBD Platform;
  4. not to post any threatening, abusive, defamatory, obscene, inappropriate or indecent material, or material that is invasive of another’s privacy;
  5. not to share or otherwise upload or communicate any misleading or false information or messages of any kind;
  6. not to use the LBD Platform to intentionally deceive other Members or Users;
  7. not to use the LBD Platform to stalk or otherwise harass another Member; 
  8. not to infringe the intellectual property rights of any third-party;
  9. not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from,  or use content and information contained on or obtained from or through the LBD Platform;
  10. not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the connection with the LBD Platform;
  11. not to use any robot, spider, scraper or other automated means to access the LBD Platform;
  12. not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or solicit personal information from anyone;
  13. not to bypass security measures used to prevent or restrict access to the LBD Platform; 
  14. not to sell any counterfeit Items or otherwise infringe the copyright, trademark or other rights of third parties;
  15. not to harvest or collect email addresses or other contact information of other users of the LBD Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  16. not to advertise or offer to sell or buy any goods or services for any business purpose on the LBD Platform;
  17. not to further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  18. not to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the LBD Platform;
  19. not to access, store, distribute or transmit any viruses during the course of your use of the LBD Platform:
  20. not to distribute any material on the LBD Platform that is unlawful harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  21. not to attempt to gain unauthorised access to the LBD Platform or any computer systems or networks connected to LBD through hacking, phishing, password mining or any other means to interfere or attempt to interfere with the LBD Platform;
  22. not to reverse engineer, decompile, disassemble or otherwise attempt to discover any source code connection with the LBD Platform; or
  23. not to modify, adapt, translate or create derivative works based upon the LBD Platform.

4.9 Interactions with Members.  You agree that you are solely responsible for your interactions with any other Member in connection with the LBD Platform and that LBD will have no liability or responsibility with respect to any interactions which you have. LBD reserves the right, but has no obligation, to become involved in any way with disputes between you and any other Member of the LBD Platform.

4.10 Disabling Access.  We reserve the right, without liability, to disable your Member account and/or your access to the LBD Platform if you are in breach or we have reasonable grounds to suspect you are in breach of these Terms.

5. OUR RIGHTS TO MAKE CHANGES  

5.1   Minor changes to the LBD Platform or these Terms. We may change the LBD Platform:

(a)  to reflect changes in relevant laws and regulatory requirements; 

(b) to change the methods of payment we accept; 

(c) add or remove features of the LBD Platform; or

(d)   to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the LBD Platform.

5.2   More significant changes to the LBD Platform and these Terms. If we may make any significant changes to the LBD or these Terms, we will notify you in writing.  If you do not want to accept these changes then provided you have fulfilled all your obligations to Members, then you may terminate your Member account. 

6. CREATING A PROFILE CARD, WARDROBE AND LOOK BOOK

6.1 Creating a Profile Card.  Once you are logged into your Member account on the LBD Platform, Members may create their Profile Card. 

6.2 Mandatory Information required to create a Profile Card.  To create a Profile Card, you must provide the following information:

(a) First Name;

(b) Surname;

(c) Email address;

(d) Date of Birth;

(e) Postal address. 

6.3 Profile Card Optional Information.  You have the option to provide the following information:

(a) photograph(s);

(b) website(s) usually shopped;

(c) favourite fashion blogger;

(d) favourite brand(s);

(e) personal description;

(f) profile wallpaper;

(g) adding Items to your Wardrobe or Lookbook;

(h) a Lookbook cover photo. 

6.4 Photographs. In respect of any photographs you post to the LBD Platform (for example on your Profile Card or in connection with an Item) you warrant that you own the copyright in such photographs and the photographs do not infringe on any third-party rights.  You also warrant that you have obtained the consent of any persons featured in the photographs.  You grant LBD a non-exclusive, royalty-free and transferable right to use any  photographs you upload on the LBD Platform for any purpose whatsoever. 

6.5 Creating your Wardrobe.  If you are a Member you may create your Wardrobe by uploading receipts of Items (in paper or e-receipt format which [will][may] assist you in populating data in respect of an Item.  You may also upload photographs and details of the Item.  This [will][may] be run through a third party recognition system to provide further details on the Item.  In certain circumstances, LBD may visit you to assist you in creating your Wardrobe, this will be discussed and agreed with you separately and you will be informed of any costs which will be incurred.    You may set your Wardrobe to private (available only to yourself), to share with certain Members which you select or to public (i.e. available to all Users). 

6.6 Creating your Lookbook.  If you are a Member you may create a Lookbook, you can set your Lookbook to be privacy, public, individual or a group Lookbook. You can add items to your Wardrobe from your own Lookbook or a group Lookbook and also add items from any publicly available Lookbooks and Wardrobes of other Members.  If you have access to a third party Lookbook (for example a public or group Lookbook), you have the ability to bookmark images. 

6.7 Borrowing Items.  Members have the opportunity to connect with other Members and borrow Items from each other.  This is solely at your own risk and LBD is not involved in the borrowing process other than connecting you to the Member to enable you to discuss borrowing Items. 

7. SELLING ON THE LBD PLATFORM

    1. Intermediary Role.  Except where you purchase an Item directly from LBD, LBD’s role is as an intermediary only. LBD is not part of the transaction and are not responsible for the acts or omissions of either the Seller or the Buyer. The LBD Platform connects Sellers and Buyers to facilitate the sharing and buying of selling of Items as follows: 
      1. by assisting the Seller in uploading their Items to the LBD Platform;
      2. by providing an Estimated Resale Value for any Items; 
      3. by allowing Sellers to use the LBD Platform to list their Items to sell to other Members.
      4. by allowing Buyers to use the LBD Platform to buy Items from other Members. 
      5. we will only be working as an intermediary once there has been a transaction entered into between Sellers and Buyers. If there is any form of agreement between the two parties to buy or sell any Item this is between the relevant Seller and Buyer only.
      6. although we attempt the LBD Platform with reasonable skill and care and ensure it is beneficial for both the Seller and Buyer, LBD cannot be held liable for the conduct of Members of the LBD Platform.
    1. Seller appoints LBD as agent.  The Seller appoints LBD as its agent to carry out the following:

(a) publish details of the Items the Seller wishes to sell through the LBD Platform.  The Seller shall be responsible for all the content listed in connection with an Item.  LBD shall have the right to modify by way of simple silhouetting any photographs of the Item. 

(b) to provide a suggested price for the Item which the Seller intends to list on the LBD Platform;

(c) accept the order from the Buyer in the name and on the behalf of the Seller; 

(d) receive the money from the Buyer for the Item;

(e) verify and authenticate the Item and dispatch Item to Buyer;

(f) to receive and process any refunds;

(g) after deducting the Commission and any other charges payable to LBD to transfer the money from the Buyer to the Seller above-mentioned amounts to the Seller. 

    1. Seller Representation and Warranties. As a Seller you represent and warrant that: 
      1. You are the sole owner of the Item or have the right to provide the Item(s) to the applicable Buyer and can provide evidence of this if requested by LBD;
      2. that the Item corresponds with all the information you have provided when you listed the item;
      3. that it shall regularly check and monitor its Member account, particularly when it has any Items listed for sale;
      4. you will not provide any Item(s) that are defective; 
      5. you will not list any counterfeit item(s) or stolen Item(s); and
      6. you are solely responsible for any obligations you may have to collect any applicable taxes and make any required reporting to tax authorities including but not limited determining the applicability of VAT;
      7. you shall not send unsolicited publicity or commercial content via the LBD Platform;
      8. exercise psychological pressure on another Member or send them offending content; or
      9. attempt to complete a transaction outside the LBD Platform for the purpose of Fee Avoidance.
    1. Creating an Item for sale on the LBD Platform.   To list an Item for sale on the LBD Platform, the Seller must be a brand that can be listed on the LBD Platform and must describe in detail all the Item’s features which includes:
  1. an accurate photograph of the Item which must not be modified (between 1-5 images can be uploaded) which the Seller must own the copyright in any imagery and have the consent of any persons featured in the photograph;
  2. the brand of the Item;
  3. the size of the Item;
  4. the condition of the Item, including and faults or damage ;
  5. the price of the Item (please note that the minimum price for listing on the LBD Platform is £50);
  6. details of any customation of the Item;
  7. any other information that the Buyer should be aware of.
    1. Facilitation of Items for sale.  To facilitate the creation of an Item, the Seller may use the information stored on the LBD Platform to assist in creating the listing for the Item.  If the Items exact details do not appear on the LBD Platform you will ensure that you take all necessary steps to accurately list all the details relating to the Item. 
    1. Verification and Removal of Items.  Once an Item has been uploaded for sale LBD will verify the Item to ensure that it is suitable for listing on the LBD Platform.  Please note we may use a third party verification partner and there may be a charge for this.  We will inform you of the cost and obtain your prior approval.  It is at LBD’s sole discretion whether they approve an Item for listing.  If the photographs or Item details are not deemed of sufficient quality or are unsuitable, we may contact the Seller to request that they update the photographs or Item details.  We have the right to remove without notice or request withdrawal of any Item listed by a Seller does not pass our verification or if we suspect that the Item listed does not comply with these Terms in any other way.  If you no longer wish to sell the item through the LBD Platform provided that it has not already been sold you must immediately remove the Item. LBD shall not be liable to the Seller in respect of any Items which it removes, including any costs which the Seller has incurred. 
    1. LBD’s Verification.  If during the verification process by LBD or when the Buyer receives the Item it comes to light that the Item does not correspond with the details that the Seller has listed in respect of the Item (in particular the condition of the Item), LBD shall have the right to immediately remove the Item if it has not yet been sold.  In the event that the Item has been sold, LBD has the right but not the obligation to request that the Seller reduces the price or the Item or shall its sole discretion have the right to cancel the sale of the Item and refund the Buyer.  In the event that LBD cancels any sale it shall not be liable to the Seller for the price of the Items or any costs associated with the sale of the Item.  There will be an administration charge of £25 to the Seller in the event this happens. 
    1. Modification of an Item.  Any modifications to an Item will be subject to approval by LBD. Please note an Item cannot be modified once the Item has been sold. 
    1. Counterfeit Prohibited or Stolen Items.  If LBD suspect that any Item listed by a Seller is counterfeit or stolen, LBD have the right to immediately remove such listing without notice and to suspend or permanently delete the Member. LBD takes all reasonable steps to prevent counterfeiting or the sale of potentially prohibited Items.  However, despite the care taken a Buyer may receive a counterfeit Item or an Item that is prohibited from sale.  If this occurs, then the Buyer should report it to LBD and return the Item and will receive a refund.  LBD may be required to report the Seller to the competent authorities and may not return the Item to the Seller. In this case, Sellers shall refund to LBD any amounts potentially received by them in connection with the sale of such Items and shall compensate LBD for any fees incurred by the latter and/or the Buyer due to the Seller’s activity and shall hold LBD harmless against any legal proceedings. In the event of doubt as to the authenticity of an Item, LBD reserves the right to request from the Seller any and all documentation certifying the authenticity of the said Item and to suspend the Seller’s Member account until receipt of such documents. 
    1. Selling on the LBD Platform.  Once the Item has been approved for sale on the LBD Platform, the Seller acknowledges that:
      1. by selling an Item on the LBD Platform it is entering into a separate contract with the Buyer and this contract is a binding agreement and that you will abide by all applicable law and these Term;
      2. will not attempt to approach Buyers outside of the LBD Platform for the purpose of Fee Avoidance; 
      3. LBD will not be held liable for any loss or liability suffered by you as a Seller due to the acts or omissions of the Buyer;
      4. you are responsible for any compensation due to the Buyer for any non-compliance with your legal obligations or these Terms, including but not limited to making sure that the Item which has been listed matches the description attached. 

7.11 Obligations of Seller.  Once the Seller receives notification that a Buyer has bought an Item, they will receive an email from LBD confirming the sale.  The Seller agrees that:

(a) it shall send the Item at its sole cost and using a reputable courier or postal service for the purposes of verification by LBD and ensure it obtains proof of postage within two (2) days of the confirmation of sale;

(b) it shall be responsible for any insurance of the Item;

(c) it shall ensure that any Items are packaged with sufficient care and adequate packaging;

(d) LBD shall have no liability towards the Seller for any damage to or loss of Items during shipment to LBD;(e) in the event that LBD does not receive the Item within fifteen (15) calendar days following confirmation of the Item’s sale, LBD reserves the right to cancel the sale of the Item concerned and will inform and refund the Buyer accordingly.  The Seller will be liable for an administration fee of £25;

(e) LBD shall be entitled to charge reasonable fees for any cleaning of Items which are not in LBD’s opinion of a sufficient standard.  LBD shall be entitled to deduct any fees incurred from any sums due to the Seller; 

    1. Payments to the Seller.  The Seller shall provide LBD with their payment details for example bank details or PayPal account details to enable LBD to make any payments due to the Seller.  Any bank or PayPal account details must correspond with the Member details (i.e. name needs to match).  You may be asked to provide proof that you are the sole account holder.  Please note any payments received via PayPal may incur a fee, it is the Seller’s responsibility to understand what those fees are.   LBD shall make any payments due to the Seller with the deduction of the Commission and any fees due to LBD (including but not limited to any cleaning fees, authentication fees and shipping fees which will be specified on the LBD Platform).  For the avoidance of doubt, payment will not be due in respect of any Items which are for sale in breach of these Terms.   In the event that the item is returned, if payment has already been made to the Seller, the Seller will return such monies to LBD or LBD will deduct it from any future payments due to the Seller. 

8. BUYING ITEMS ON THE LBD PLATFORM

    1. Buying on the LBD Platform from a Seller.  When you buy an Item from a Seller you understand that you are part of a separate contract with the Seller and will abide by all applicable law and these Terms in connection with that purchase.  You are also aware that the Seller is not acting on behalf of LBD. Any agreement that forms through buying an Item from a Seller is with the Seller only. LBD will not be held liable for any loss or liability suffered by you as a Buyer due to the acts or omissions of the Seller and LBD is not responsible for providing the Item.  You acknowledge that LBD is not responsible for any delays in the delivery of an Item, this is the responsibility of the Seller. 
    1. Direct purchase from LBD.  There may be cases where LBD will sell the Item directly to a Buyer.  In this instance the Seller and LBD will enter into a separate agreement in respect of that sale.  The Seller undertakes to promptly ship the Item to LBD and that once the Item has been received and payment has been made to the Seller that LBD will become the owner of the Item and may freely dispose of it.
    1. Delivery costs. The delivery costs will be provided to you when you purchase an Item. 
    1. When you will receive the Item. We will do our best to keep you updated as to when the Item will be dispatched to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order for the Item.  
    1. We are not responsible for delays outside our control. If the dispatch of the Item is delayed by an event outside our control (including the Seller not providing or delaying in providing the Item to LBD), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order for the Item and receive a refund for Items you have paid for but not received.  
    1. If you are not at home. If no one is available at your address to take delivery and the items cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Item from a delivery depot.
    1. If you do not re-arrange delivery. If you do not collect the Items you have ordered as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you any costs we have incurred.
    1. When you become responsible for the Items. You will become responsible for the Items from the time we deliver the Item to the address you gave us. 
    1. When you own goods. You own the Items from the point that we have received payment in full and they have been delivered.
    1. Returns and Refunds.  If you have purchased an Item from an individual seller you are not entitled to a refund.  If you have purchased an Item from a professional seller or directly from LBD you are entitled to return your item within 14 days of receipt of the Item.  In the event you are entitled to a refund you will receive a full refund for the Item plus any standard delivery costs (please note if you paid for enhanced delivery you will only be entitled to receive the standard delivery cost).  You are responsible for the costs of returning the Item. If LBD determines that you are abusing our refund policy, we reserve the right to suspend or terminate your Member account and refuse or restrict any and all current or future use of the LBD Platform without delivering a refund.   

8.3 Faulty or misdescribed.  If you believe that the Item, you have purchased is faulty or misdescribed you may be entitled to a refund (including any costs of returning the Item).  If you believe that this has occurred, please contact us on [email protected] and explain the issue so it can be investigated.  

8.4 How we will refund you. If you are due a refund, we will refund by the method you used for payment and should be received within 28 days. 

9. CONTENT, POSTING AND CONDUCT

9.1 Content you upload.  You expressly acknowledge and agree that any content you submit for inclusion on the LBD Platform will be accessible by others if you select to share it publicly. There is no confidentiality or privacy with respect to such content, including, without limitation, any personally identifying information that you may make available.  In respect of any content you upload you acknowledge and accept:

(a) that any content that you upload onto the LBD Platform is wholly your responsibility

(b) you warrant that you have the necessary rights for the content that you upload on the LBD Platform and any publication of said content will not infringe upon rights of any third parties (including Intellectual Property Rights). You further accept that if there is any loss suffered by LBD due to your breach of the Terms, then you shall compensate LBD for any resulting liability;

(c) you warrant to contribute only true, accurate and un-enhanced photographs of the Item(s) and guarantee you hold all of the applicable rights and consents. LBD reserves the right to remove any photos we consider tampered with, of lower than acceptable quality or unfit for the purpose of accurately displaying the Item(s);

(d) you understand that the content you upload will not be constantly monitored by LBD, however, if we do find that the content you upload does not comply with these Terms, that content is subject to removal by us;

(e) though we will do our best to monitor and maintain the accuracy of information on the LBD Platform, any reliance on your part on content posted by other members is done so at your own risk. You warrant that you will not hold us liable for any resulting loss or damage;

(f) you retain all Intellectual Property Rights in and to your own content. By uploading your content on to the LBD Platform you hereby give LBD a non-exclusive, royalty-free, irrevocable, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your content as reasonably necessary to provide the LBD Platform; and

(g) that any content you upload to the LBD Platform including but not limited to details of Items listed for sale may be shared publicly on the LBD Platform, with or displayed in both online and offline advertisements, in emails, and on other websites and applications to promote LBD and increase the visibility of the LBD Platform. 

9.2 Posting on the LBD Platform.  You must not post any unlawful material, phishing links, advertisements, pornography, any material which has the purpose of harming or attempting to harm minors in any way or other suspicious links in on the LBD Platform. Nor should you post your own or other people's personal information, if you wish to exchange personal information please use different platforms to do so. You agree that you shall not infringe any copyright, database right, trademark or any other intellectual property of any other person. Spamming or any other type of disruptive and annoying chat behaviour is strictly prohibited. Any bullying, insulting, or humiliating behaviour is not tolerated.  Racism, sexism and similar offensive behaviour is also not permitted.  Failure to abide by any of these usage rules may result in having your comments removed or suspension or termination of your account.  Any content you upload will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.  Please note that we may moderate the LBD Platform and we will do our best to remove any inappropriate content, however we are under no obligation to oversee, monitor or moderate the LBD Platform and we expressly exclude our liability for any loss or damage arising from the use of the LBD Platform or any other interactive services we offer.  We have the right to remove any posting you make if, in our opinion, your post does not comply with the content standards set out in these Terms.

9.3 Member Conduct.  You are solely responsible for your conduct on the LBD Platform. Your account may not be shared with or transferred to another: it is for your personal use only. You must keep your Member account details secure and you are solely responsible for all activity carried out on or through your account. If you do not take all reasonable steps to protect your account information, LBD is not liable for any losses incurred as a result of your account being accessed or used by someone else.  You agree that you shall not access, store, distribute or transmit any viruses or any material during the course of your use of the LBD Platform that:

(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b) facilitates illegal activity;

(c) depicts sexually explicit images;

(d) promotes unlawful violence;

(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(f) is otherwise illegal or causes damage or injury to any person or property.

It is explicitly prohibited to use our Member-to-Member communication system to send content that violates our Terms or spam of any kind. We reserve the right to scan internal messages to check for spam, phishing, viruses and other malicious, prohibited or illegal behaviours or content. Please note, the messages sent through internal systems are not stored indefinitely and you must not rely on the storage of those messages.

  1. INTELLECTUAL PROPERTY 

The LBD Platform.  LBD is the owner or the licensee of all Intellectual Property Rights in, or in connection with, the LBD Platform You have no Intellectual Property Rights arising from the LBD Platform and you will not use the material on the LBD Platform save as in accordance with these Terms. It is your sole responsibility to ensure you have all necessary rights and licenses in the Items and to use and/or submit materials and content to the LBD Platform.

 11.   OUR RIGHTS TO END THE CONTRACT  

11.1   We may end the contract if you breach these Terms.  If we reasonably believe that you have breached these Terms, we may immediately terminate our contract with you upon written notice and will cease to provide you access to the LBD Platform as soon as we have notified you. 

11.2   We may withdraw the LBD Platform. We may write to you to let you know that we are going to stop providing the LBD Platform. We will let you know at least one month in advance of our stopping the supply of the LBD Platform. 

12.   LIABILITY

12.1   Your liability to LBD.  You agree to defend, indemnify and hold harmless LBD, and its licensee and licensors, and their employees, contractors, agents, offices and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, fees or expenses resulting from or arising out of (a) your use and access to the LBD Platform, by you or any person using your account and password; (b) a breach of these Terms; or (c) any threatened legal proceedings or claims issued against LBD in connection with your use of the LBD Platform.  Please note that your liability could be significantly more than amounts that you have paid in connection with the LBD Platform. 

12.2 Our liability to you.  Except where required by law, in no event shall LBD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages of any kind, including without limitation any special, incidental, indirect or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the LBD Platform.

12.3 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 LBD Platform including the right to receive the LBD Platform which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care. 

12.4   Limitation of Liability.  In no event shall LBD, its affiliates, contractors, employees, agents or partners total liability to you for all damages, losses and causes of action arising out of or relating to these Terms or your use of the LBD Platform (whether in contract or tort (including negligence) warranty or otherwise) exceed the lesser of any fees that LBD has received from you or £250. 

12.5 We are not liable for business losses. We only supply the LBD Platform for domestic and private use. If you use the LBD Platform for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  

13.   HOW WE MAY USE YOUR PERSONAL INFORMATION 

We will only use your personal information to fulfil our obligations under these Terms and as set out in our Privacy Policy. 

14.   OTHER IMPORTANT THINGS YOU SHOULD KNOW

14.1   Links to Third Party Websites.  The LBD Platform may contain links to third party websites or services which are not owned or controlled by LBD.  We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.  We do not warrant the offerings of any of these entities or their websites.  You acknowledge and agree that LBD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.  We strongly advise you to read the terms and conditions and privacy policies or any third-party websites or services that you visit. 

14.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. 

14.4   If a court finds part of these Terms 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. 

14.5   Even if we delay in enforcing these Terms, 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 Terms, 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. For example, if you miss a payment and we do not chase you, but we continue to provide the LBD Platform, we can still require you to make the payment at a later date. 

14.6   Which laws and jurisdiction applies to these Terms. These Terms are governed by English law and under the jurisdiction of the English courts.

Last updated: 13 April 2020.