Terms of service

TERMS OF USE

Last updated 11 July 2023

AGREEMENT TO OUR LEGAL TERMS

These Terms and Conditions apply to the provision of the services by Circular Groove Ltd (“Circular Groove” "we," "us," «our»), a company registered in England and Wales with the registration number 14502655 and registered address at 31-35 Kirby Street, London, England, EC1N 8TE. We are an online concept store selling Preloved and Vintage Goods and providing Consignment Services to both individuals (B2C) and companies (B2B).

We operate as well as provide any other products and related services that refer to or link to these legal terms (the "Legal Terms").

You can contact us by sending an email to hello@circulargroove.co.uk.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and us, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

Our Services & Products

1. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. We act at all times as an Agent for the Seller. As well as Circular Groove, at times, may take the position of a Seller. 

3. You place an order on the site by adding items to the basket, then when you are happy with your choice, proceeding to confirm your order and making the payment. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. You will be asked to confirm your agreement to these Terms and Conditions prior to submitting your order.

4. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form confirming acceptance of your order. Our confirmation of acceptance of your order brings into existence a legally binding contract between you and the Seller.

Orders & Delivery

5. You can make an order by placing all chosen items in the basket. All orders can be made and processed as described in section 3 of these Terms. All orders can only be processed and dispatched during business days, meaning that any orders placed over the weekend or during public bank holidays will be processed the next working day.

6. Once your order is shipped, you should receive the order within 3-10 business days, subject to the location of the delivery address. Shipping times may vary depending on local customs clearance, but we will always try our hardest to get your order to you as quickly as possible.

7. Please make sure your shipping address is correct. Orders that are returned because of an invalid address will incur a shipping charge if they are reshipped after an order has been delivered to the valid shipping address. Providing an invalid address will cause a delay in the delivery of your shipment and incur extra shipping charges.

8. Please note that deliveries may take longer during Christmas, New Year and United Kingdom public holidays. We will always attempt to minimise delays.

Cancellation

9. Either we or you can cancel an order if:

9.1. we have insufficient stock to deliver the goods you have ordered;

9.2. we do not deliver to your area; or

9.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error.

10. If we cancel your order we will notify you by email and will credit to your banking account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for the disappointment suffered.

11. If you wish to amend any specifications of the Order you must tell us in writing as soon as possible. We will use reasonable endeavours to implement any required changes and additional costs, as may be incurred, will be accounted for in a separate invoice and sent to you as part of an Additional Service. However, please note that we may not always satisfy the request and amend the details, therefore, you should check the contents of your order before it is placed. 

12. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Order, Products or Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to minimise the changes and their practical implications.

Price & Payment

13. The price for the Product is set out in the quotation presented to you prior to your acceptance and payment for the Goods. Additional fees might be recovered from you for the delivery of your purchase to the nominated address.

14. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

15. All fees shall be paid upfront, unless agreed otherwise by the parties.  All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

16. All payments must be made in the currency specified in the quotation/invoice or as may be otherwise agreed by you and us.

Returns

17. Please email us at hello@circulargroove.co.uk within 14 days of you receiving the item to request a refund. All returns must be shipped to us within 14 days of the package delivery date.

18. You shall be responsible for covering any return shipping costs and ensuring the safe return of items. Once the return is processed and accepted, we will submit a refund request through your original payment method. You will receive a refund for the price of the order, excluding the total shipping costs, customs duties, and courier charges incurred. Please note, customs duties are non-refundable Please note that the refund time frame may vary depending on the payment method and processing times between payment providers.

19. All items must be shipped with their security tag, if the security tag has been removed the item will not be eligible for Returns and Refunds. Products must be returned with their original tag(s) and label(s) still attached. If any tag(s) or label(s) are removed from the item, the return will not be accepted.

20. All products must be returned in the same condition they were in when you initially received them. Returned products must be unworn, with all tags still attached and in the original packaging. For hygiene purposes, no refunds or exchanges will be given for products which have perfume, makeup, body odours, or cigarette smoke on them. Items must be returned unworn, unwashed, unironed, unused, and undamaged. All returns must include the dust bag, brand box, shoebox, and all original packaging as these items are considered part of the product.

21. If you refuse delivery for any reason, you shall be responsible for the contents of that order and will not be eligible for a full refund from us.

22. All returns must be made to our fulfilment/shipment centre address:

Unit 107 Peckham Levels, 95A Rye Lane, London, SE15 4ST

Consignment Services

23. To learn more about our Consignment Services, please read our guide available here.

24. Prior to the acceptance of your items for our Consignment Services, we will assess the quality, authenticity and condition of the item in accordance with our policies. We may at our own discretion reject the sale of your item if we believe that it does not meet our criteria. 

25. For items priced under GBP 1,000.00 we would expect you to deliver those items to us by post. For items priced higher than GBP 1,000.00, we may organise an in-house collection. 

26. All garments that we receive will be professionally cleaned by a third-party partner that offers a sustainable laundry service. However, the condition of each item would be evaluated individually. In some instances, if further repair/alteration is required, this will be agreed with you prior to listing your items on our platform. 

27. Each item will be assessed separately based on condition, collection year, season, style and current resale market value in order to propose the best selling price. Once the price is confirmed and the item is published for sale on our platform, we offer a time frame of 3 months to get your items sold. However, in case your items are still with us after the initial period, we will liaise with you options for further action. 

28. Due to the nature of the Service, you may only receive your payment once the items have been sold, not when it is uploaded to the website, since we do not purchase your items nor do we act as a Seller for the purposes of provision of Consignment Services, meaning that our Service is to provide a platform for you make your sale process more efficient and convenient. You shall receive the payment no later than after a 14-day return period (after the item has been sold) on the first day of the following month. You hereby agree that we shall have a right to deduct a 35% commission on the total sale price prior to returning any profits to you.

29. Should you request your pieces to be returned back to you, please contact hello@circulargroove.co.uk. 

Customer Support

30. If you have any problems with placing an order, making the payment, tracking the parcel, returning the items or if you believe the items in your order do not match the items you originally ordered, please contact us at hello@circulargroove.co.uk.

Our intellectual property

31. We are the owner or the licensee of all intellectual property rights in our Services, including all photographs, pictures, texts, designs, layouts and other graphic materials published on the Site (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

32. The Content and Marks are provided in or through the Services for your personal, non-commercial use or internal business purpose only. You may not extract and/or re-utilise parts of the content of any Service without our express written consent.

Your Use of our Services

33. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and Products/Goods.

34. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

35. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to us. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

36. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

37. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

User Obligations & Warranties

38. You must obtain and provide us with access to any and all relevant information which we may require to provide the Services.

39. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with Customer requirements as might be specified in the quotation/agreement, e.g. provision of details, permissions, licences, etc.

40. By shopping on our Site or using our Consignment Services, you represent and warrant that:

(1) you have the legal capacity and you agree to comply with these Legal Terms;

(2) you are not a minor in the jurisdiction in which you reside;

(3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;

(4) you will not use the Services for any illegal or unauthorised purpose; and

(5) your use of the Services will not violate any applicable law or regulation.

41. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Personal Data

42. You agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

43. By making an order, submitting requests, enquiries, details or any other information regarding the Services, you agree that we may use this information as might be necessary for the purposes of the provision of Services as per your order.

44. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Term & Termination

45. These Legal Terms shall remain in full force and effect while you use the Services and until the termination or expiry of a relevant contract or the completion of an Order.

46. We may terminate the provision of the Services if you commit a material breach of your obligations under these Terms and Conditions or fail to make pay any amount due under the Contract on the due date for payment, or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor.

47. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account with us, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive processes.

Service Modification & Interruption

48. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

49. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

50. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Sub-Contracting and Assignment

51. We may assign, transfer, charge, subcontract or deal in any other way anytime with all or any of your rights according to these Legal Terms. We can also delegate or subcontract or delegate any or all of our obligations to any third party. You hereby agree that we may use third parties services for the purposes of the provision of Services to you.

52. You should not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions without our prior written consent.

Liability and Indemnity

53. Our liability under these Legal Terms, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

54. We will not be liable for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

55. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

56. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

a. any indirect, special or consequential loss, damage, costs, or expenses or;

b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

57. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

58. We do not represent or warrant that the information accessible via this Web site is accurate, complete or current. All information and images published on our Website, including Product descriptions, colours and images are subject to change and are for illustration only. Therefore, we shall not be liable for any discrepancies or mismatches between the contents of the Site and the actual items. 

59. If the goods we deliver are not what you ordered or are not as described on the website or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

60. We will also not be responsible for any parcels missing where a third party has been nominated by you to accept the parcel on your behalf. It is also your responsibility to ensure your address is correct at the time of purchase and that all Goods are returned to the correct address. It shall be your responsibility to check and confirm all details before placing an order or making a return. 

61. If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

62. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 3.2 above.

63. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. At present, we can only offer delivery within the UK.

64. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

65. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

66. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Circumstances beyond a party’s control

67. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

68. When you use any of our Services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website or any other relevant communication methods. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

No Waiver

69. No delay, act or omission by a party interfering any right or remedy will be deemed a remission of that, other right or remedy nor stop further exercise of any other right, or remedy. If you breach these Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions.

Severance

70. If either of the Terms and Conditions is found to be illegal, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Variation

71. We reserve the right to make changes to any Services, policies, terms and conditions including these Terms & Conditions, and Service Terms at any time. You will be subject to the terms and conditions and policies in force at the time that you use the Services. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Miscellaneous Terms

72. These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.

73. These Legal Terms operate to the fullest extent permissible by law.

74. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

Law and jurisdiction

75. These Terms and Conditions are framed and laid out as per the English law. All conflicts and disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

CONTACT US

76. In order to resolve a complaint regarding the Order, Products or Services or to receive further information regarding the use of the Site, or send us a general or a marketing enquiry, please contact us at: hello@circulargroove.co.uk.