Ts & Cs.
Bag Mad Boutique’s Terms and conditions
This website is operated by Bag Mad Boutique. Throughout the site, the terms “we”, “us” and “our” refer to Bag Mad Boutique. Bag Mad Boutique offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Terms and Conditions” and agree to be bound by the following, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If any these are considered an offer, acceptance is expressly limited to these terms and conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Create. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Right to Refuse
We reserve the right to refuse service to anyone for any reason at any time.
1.1 The “Buyer” meaning the person who buys or agrees to buy goods from the seller.
1.2 The “Seller” meaning Bag Mad Boutique (Abbreviated to BMB for the purposes of this document).
1.3 The term “we” and “us” refers to BMB
1.4 The “Conditions” meaning the conditions set out in this document and the special conditions agreed in writing by the seller.
1.5 The “receipt of an item” meaning the point at which the item is signed for on delivery.
1.6 The “postage cost” meaning the actual cost of postage excluding all packaging.
1.7 The “sender” meaning the individual sending item(s) to BMB for resale purposes.
1.8 The “listing date” meaning the date on which an item is listed for sale on www.bagmadboutique.com or other social media sites.
1.9 The “website” meaning www.bagmadboutique.com.
2.1 These “Terms and Conditions” do not affect your statutory rights as a customer.
2.2 All contracts of sale made by the seller all be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the buyer.
2.3 If any amendments to these terms and conditions are required, they should be confirmed in writing.
2.4 Acceptance of email confirmation to the buyer or sender will be deemed conclusive evidence of full acceptance of these conditions.
3.1 The item price shall be that agreed on the final invoice.
3.2 All prices are inclusive of charges for wrapping and sundry items, but exclusive of shipping unless otherwise stated. All are displayed on the buyers invoice.
3.3 The total purchase price, including any delivery charges will be displayed in the buyers invoice.
3.4 Payment must be made in full before dispatch of any goods.
3.5 All prices are inclusive of VAT and sold on the second hand margin scheme.
4. Warranty and Liability
4.1 All preloved items are sold “as is” and therefore no warranty is given or implied. Items sold as ‘New” may be under manufacturers warranty but it is the buyers responsibility to confirm any warranty periods prior to contract and that warranty remains with the manufacture, not BMB.
4.2 While every effort is made to ensure that the items descriptions are accurate, the nature of the goods may lend to personal interpretation.
5.1 All parcels will be shipped via a insured tracked and signed for postal service, without exception.
5.2 Items with usually be dispatched within 1-3 working days from cleared payment being received.
5.3 In the event of delays it will always be communicated with the buyer.
5.4 Where a specific delivery date has been agreed, and if this delivery date cannot be met, the buyer will be given the option to agree a new delivery date.
5.5 Whilst every reasonable effort shall be made to keep any delivery date, the seller shall not be liable for any expenses incurred by the the Buyer or any other person or Company arising directly or indirectly out of failure to meet any estimated delivery date.
5.6 Delivery of the item shall be made to the buyer’s physical and registered address. It is the buyers responsibility to make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
5.7 All items must be shipped within 7 days of payment receipt. Items can not be stored for delivery at a later date.
5.8 Information on shipping details will be provided to the buyer within 24 hours of dispatch.
5.9 In the event of non receipt of an item, the buyer should inform the seller of the non delivery within 7 working days for UK buyers, and 15 working days for International buyers, from the date the seller despatched the item. After 21 working days for UK buyer, and 45 working days for International buyers, if the item has still failed to arrive, and tracking does not indicate its arrival, the seller will refund the buyer in full.
5.10 Deliveries by courier have the ability to be rearranged by a period of 5 days. If a item is not collected or delivered within this timeframe, the item will be returned to BMB. The buyer will be liable for the outgoing postage cost plus a admin fee of £15.
5.11 In the event of any item being returned to BMB due to delivery attempts being unsuccessful, the buyer will receive the option of a refund of the original sale price (excluding the original postage cost and a £15 admin fee where applicable), or if a re-delivery is required, the buyer will be responsible for the postage costs of the redelivery, before the item is despatched again.
6.1 Due to the legal and insurance requirements all items will have the custom/declared value of your final purchase amount. Please check with your local government on import duty charges and restrictions. BMB will not be responsible for any charges incurred. If these are not paid and the item gets returned to BMB, there will be a £25 admin charge.
6.2 BMB ships internationally however we accept no responsibility for items that have issues with customs, customs charges, storage charges or items held by customs for what ever reason. Please be aware that some countries have restrictions in place which can make it difficult to send preloved luxury items overseas.
6.3 If a parcel gets held in customs for what ever reason. BMB will provide all necessary information if required for customs. However BMB is not responsible if customs choose to seize the item or dispose of it.
7. Ownership and risk
7.1 BMB provides insurance cover for items loss when in physical possession only. Items are insured to their current resale value, translating to the corresponding financial value depending on agreed % return to the sender.
7.2 Responsibility for the items condition outside of physical premises transfers to the carrier until the Buyer accepts ownership, i.e. the risk in goods shall pass to the buyer upon delivery of the goods.
7.3 The buyer shall inspect the goods immediately upon receipt and shall notify the Seller within 12 hours of receipt of item if the goods are damaged or defective, If the buyer fails to do this they are deemed to have accepted the goods in the condition received. In addition, if the security tag is removed at any time, the item is then non-refundable.
7.4 Any goods respect of which any claim of defect or damage is made shall be preserved by the buyer intact together with original packaging and any accompaniments at the buyers’s risk and either,
- Return the goods to the seller for inspection and, if appropriate , a full refund inclusive of all postal costs incurred.
- Return the goods to the seller for inspection and where appropriate a replacement will be issues.
8. Cancellation and Returns
UPDATE MAR 2023
FROM MAR 2023 RETURNS WILL ONLY BE ACCEPTED ON ITEMS PAID VIA BANK TRANSFER
8.1 If it is agreed that the goods are to be returned, the following terms need to be upheld.
- The buyer should notify the seller (BMB) that the goods are to be returned, prior to them being sent back. This needs to be done within 48 hours of receipt of item. Please email [email protected]. If BMB has not been notified within 48hours a return will not be valid.
- Items must then be returned within 14 calendar days of original receipt, by a fully insured and trackable method (of which needs to be provided to BMB)
- The buyer will be liable for the cost of the return postage inclusive of any customs charges incurred, and of remedying any damage to the goods returned where such damage has, in the opinion of BMB, been caused by the goods being inadequately packaged by the buyer or through the buyers fault.
- Postage costs are not refunded in an event of a return. They are deducted from the total refund.
- The goods must be received in the same condition as sent. The security tag must be in place to be eligible for a refund. Any item returned without this tag intact will not be refunded.
8.2 If you are a consumer you have the right, in addition to your rights, to cancel your contract with BMB and receive a refund. You should contact BMB in writing to cancel your contract within 48 hours of receipt of the item.
8.3 Over the the seasonal holidays the returns policy maybe extended by an additional number of days at the discretion of BMB. The buyer must adhere to the conditions set out in above in order to qualify.
8.4 Please note returns will not be accepted from a smoking environment, or if the item has acquired an aroma not previously present.
8.5 Upon receipt of the returned item and upon successful inspection of the item, BMB will refund the Buyer by the same method originally used to pay within 2-3 working days.
- Bank transfer refunds take up to 24 hours to clear from the refund/return notification.
8.6 Items returned from overseas are no longer accepted.
8.7 If the item is returned in a different condition to that sent , BMB reserves the right to withhold all or part of the refund. An exchange my be issued at the discretion of BMB.
8.8 Items paid by bank transfer are only eligible for returns. Items where klarna and paypal have been use to pay for are not eligible.
8.9 Buyers are allowed a maximum of 3 returns a year.
8.10 The purchase of the goods is an invitation to purchase only. BMB reserves the right to refuse sale of any item at any time with out reason.
8.11 Items returned out side the returns policy ( without security tag, missing orginal packaging or have exceeded time frame ) may be accepted at the discretion of BMB and will be subject to a £35 processing fee. This and postage costs will be deducted from the initial refund.
8.12 Some items for hygiene reasons can not be returned including earrings and scarves, however will be identified on the sales page.
9. Consignment service
9.1 The consignment service offered is at the discretion of BMB. No assurance is given that an item accepted for sale will sell at that price proposed, at a reduced price or at all.
9.2 Initial resell prices proposed are on the basis of full disclosure of the items condition, including aroma and any accompaniments.
9.3 The item should be sent to Bag Mad Boutique within 7 working days of acceptance by email, securely boxed and via a insured trackable method. After this time frame a new quote will need to be provided.
9.4 By sending an item to BMB the sender is confirming that the following conditions are met.
- They are the rightful owner of the item and/ or if the item is being sold on another behalf the sender has permission.
- They of the right legal age to use this service.
- The item is not stolen or under any hire/ subject to any financial agreement.
- The item may be lawfully sold to consumers without restriction.
- the item is as described and from a non smoking environment.
- The item is authentic.
9.5 If the items condition on receipt, varies from expected, then BMB reserves the right to amend the proposed resale price appropriately. If the proposed resale price is not acceptable to the sender than the item will be returned to the sender by a fully insured, trackable method. The cost of the return postage must be paid by the sender prior to return. BMB will not be liable for any return postage costs nor costs incurred.
9.6.1 In the unlikely event that an item is deemed to not be authentic, it will be disposed of and not returned to the sender. It is a criminal offence to place counterfeit items into the postal services.
9.6.2 Email acceptance of the proposed resale price constitutes a sole marketing agreement with Bag Mad Boutique for a period of 12 weeks from the listing date on the website . If the proposed resale price is not agreed to by the sender, the item will be returned.
9.7 BMB will retain exclusive marketing rights for 12 weeks from the first listing date on the website. The sender may request the return of the item during this period providing it has not sold. If the return is instigated by BMB then the cost will be paid by BMB.
9.8.1 If an email response is not received from the sender within 7 days of confirmation of the resale price then BMB will assume acceptance of the contact and will proceed to market the item as per suggested price.
9.8.2 Once marketed, control over the listing price remains solely with BMB. Senders may request amendments but alterations to price are the discretion of BMB.
9.9 Items may be returned to the sender at any time at the instigation of BMB. If the return is instigated by BMB prior to the end of the 12 week contact, then the cost will be paid by BMB. After the 12 weeks, the item may be returned to the sender at the request of BMB. All costs for return must be paid by the sender.
9.10.1 If the item has not sold within in 4 weeks from the first listing date, then the sender or BMB may suggest a price reduction or alternative marketing approach. The sender has the right to refuse a price reduction for a period of 12 weeks, from the listing date and after this period has elapsed, may request the item returned. If a sale is not achieved within 12 weeks and a price reduction is not agreed the item may be returned to the sender at their own cost.
9.10.2 If a reduction is agreed by the sender, the reduction will be auctioned for the period of the sale as advertised. Unless further reductions are agreed, this price will be maintained and not reverted, unless at BMB instigation.
9.10.3 If a reduction is not agreed, the item will remain under the control of BMB, ( the consignment return fixed as per contact).
9.10.4 After 12 weeks, if the item remains unsold, any outstanding amounts owed by the sender to BMB must be settled prior to items being returned, inclusive of costs to return the item.
9.11 When a sale is achieved and the item released to the buyer, the funds are held by BMB for a period of 14 days in case of a return.
9.12 If the buyer returns the item within the returns period, the senders sole marketing agreement with BMB will extend by a corresponding amount of days.
9.13 A sender will be notified as to a successful sale as soon as possible and funds transferred by either a nominated bank account or verified Paypal account with in 24 hours on the agreed date.
9.14 Sellers not holding a UK sterling bank account will receive the funds via Paypal.
9.15.1 The sender will receive a fixed percentage of the sale price as agreed with the sender at the outset.
9.15.2 BMB commission levels are discretionary based on the items desirability and condition. However the average charge varies from 10-20% of the sale price which includes VAT, postage and paypal fees.
9.15.3 BMB will retain the remainder, after all associated fees, for its service. No fees or deductions all be made to the senders percentage.
9.16 Whilst the items remain the property of the sender until the buyer accepts ownership, any photographic images or text created by BMB in relation to the item, remains the sole property of BMB and can not be reassigned, reproduced to recreated for any commercial purpose.
10. Direct Buy
10.1 A direct buy service is offered at the discretion of BMB and may not be available during some periods throughout the year.
10.2 Intial price(s) proposed are on the basis of full disclosure of the items condition, (including aroma) and accompaniments.
10.3 The item should be sent to Bag Mad Boutique within 7 calendar days of email acceptance, securely boxed and via a insured trackable method.
10.4 By sending items to BMB the sender is confirming that:-
- They are the rightful owner of the item and/ or if the item is being sold on another behalf the sender has the owners permission sell as if their own.
- The item is not stolen or subject to hire purchase agreement.
- The item may be lawfully sold to consumers without restriction.
- The item is as described and from a non smoking environment.
- The item is authentic.
10.5 If the items condition on receipt, varies from expected, then BMB reserves the right to amend the proposed buy price appropriately. If the proposed buy price is not acceptable to the sender then the item, will be returned to the sender by a fully insured, trackable postal method. The cost of return postage must be paid by the sender prior to return. BMB will not be liable for any postage costs nor costs incurred.
10.6 All payments are sent to the senders within 24 hours of agreed price after receipt of the item. This is by bank transfer or Paypal.
11. Accepted Payment Methods
11.2 we accept PayPal, Klarna and bank transfer payments
12.1 In the event that the seller is prevented from carrying out its obligations under the contract for sale as a result of any cause beyond its control such as, but limited to, Acts of God, War, Strikes, Lockouts, Floods and Failure of third parties to deliver goods, the seller shall be relieved of its obligations and liabilities under such contact for sale for as long as such fulfilment is prevented.
13. No Waiver
13.1 The seller’s failure to insist upon strict performance of any provision of the conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the buyer in the performance or compliance with any of these conditions.
14.1 Except as may be implied by law where the buyer is dealing with a consumer, in the event of any breach of these conditions by the seller of the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
15.1 Any contracts all in all respects be constructed and operated as an english contract and in conformity with english law.
15.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such findings will not affect the validity or enforceability of the remainder of these terms and conditions.
15.1 You may not download, display, print, post and reproduce material from BMB in an unaltered form only (retailing this notice) for your personal and non commercial use, (e.g. information sharing, opinion gathering and authentication requests). Reproduction of material for commercial use is not permitted. (This included content of terms and conditions)
17. Data protection
17.1 All information collected by BMB is the sole property of such. BMB will not share or sell this information with anyone. Information retained will only be name, address, email address and purchase details or any return. No credit or debit card information is held by BMB this is collected privately by Paypal.
17.2 In line with the new GDPR coming into effect from the 25th of May 2018, we want to let customers know how their personal data is used.
17.3 Who has your details? the only people that have access to your details are BMB, Paypal and Create the website provider. Please see their own terms and conditions on Privacy.
17.4 Payment details, Most payments are processed by Paypal, we do not have access to any of the card details used for this. In the event of Bank transfer when items are puchased for resell. These details are held securely and disposed of in a appropriate way onec payment is complete.
17.5 Personal Details, Such as names, address, phone numbers and email address are gathered by BMB when orders are placed and items are purchased. These are all held in a secure manner and only kept for financial records. BMB will only keep these for 6 years. After this time frame they are disposed of in a appropriate way.
17.6 BMB Will never contact you for marketing purposes.
17.7 BMB will never sell or discolse you personal details to a third party.
17.8 When you sell to BMB by filling in the 'Sending Form' you are agreeing to us collecting your information.
17.9 By ordering from BMB you are agreeing to the terms and conditions outlined on this website.
18.1 Bag Mad Boutique is not an authorised dealer of, nor in any way affiliated with any of the designers, brands or manufacturers whose products we sell. Nor are BMB affiliated with any of the social media methods we use. All product trademarks, brand names and logos mentioned are used purely for identification purposes and are owned by the brand only. BMB does not claim any rights to them.
Sheree Hurdle trading as "Bag Mad Boutique"
If there are any complaints or concerns about the above or items please contact us...
Bag Mad Boutique
PO Box 502, Southampton, SO32 1UL
Tel:- 01489 327014 (Working Hours 9.00am - 5.00pm Mon - Fri only)