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Our terms and conditions

1

These terms

1.1

These are the terms and conditions on which we offer you access to and use of the LOT site (the Site) and our services. In these terms and conditions, you may be either a buyer or a seller. Where relevant, we distinguish between buyers and sellers by addressing the provision to one or other.

1.2

Please read these terms carefully before you submit an order for any products
available on our Site. These terms tell you who we are, how you can buy and sell
products, how products will be provided to you, how you and we may change or end
the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us at info@lot.co.uk to discuss

2

Information about us and how to contact us

2.1

We are LOT Trading Limited a company registered in England and Wales. Our
company registration number is 08502976 and our registered address is Studio 408, Design
Centre East, Chelsea Harbour SW10 0XF.

2.2

Our Site is a marketplace that allows users to offer, sell and buy second hand/
preloved/curated pre-used (owned, new, nearly new designer) furniture (the
Services). We do not take possession of any of the furniture listed on our Site and will not be involved in the transaction between the ultimate buyer and seller. We are an independent platform that allows buyers and sellers to purchase or sell (second hand) designer furniture. We are not the reseller of any products advertised on our Site and at no time become the owner of the products.

2.3

All users of our Site are required to register with a valid payment method on file.
This is to allow us to process any transactions that takes place on our Site and charge the relevant user the correct fees and amounts due. Any payment methods that are made on our Site will be held by our third party payment providers PayPal and / or CCards (each, a Third Party Payment Provider).
The terms and conditions upon which your payment method is stored will
be governed by those companies’ terms and conditions. We recommend that you
review their terms and conditions before (which can be found at*)
registering on our Site.

3

Using our site

3.1

Seller

3.1.1

If you would like to sell products via our Site, you must first complete the sellers form online.

3.1.2

To maintain the reputation of our Site and the quality of products that are sold on it, before listing a product you must pay us the £25 listing fee (as set out in clause 5.1.1) and provide us with the following information:

(a)

Proof of originality (for example the original purchase receipt) unless we make an exception (in our sole discretion);

(b)

Time dated photographs of the products you wish to list; and

(c)

Any authenticity certifcates, labels or other supporting information you may have;

(d)

All the information in our online form.

3.1.3

Once we have reviewed and confirmed the accuracy of the information you have provided in paragraph 3.1.2 above, we will send you an email to confirm that your listing has been posted to the Site. Your listing may not immediately go live on the Site when we post it. Until your listing goes live, it will not appear in any searches on our Site or through an internet search engine.

3.1.4

You are responsible for the accuracy and content of any product you list on our Site and are responsible for providing us with any pictures of the product. It is your responsibility to ensure your listing and any corresponding images do not breach any third -party rights including but not limited to third party intellectually property rights.

3.1.5

[Our Site has certain formatting restrictions, which we will notify you when creating your listing. If your content or images do not correspond with such formatting restrictions your listing may appear in a modifed manner.]. We also reserve the right to modify, amend, remove or delete any content on our Site that we consider may be defamatory, misleading, inaccurate or false.

3.1.6

We are unable to undertake checks on any antique items or items of historical significance. Please do not list such items on our Site.

3.2

Buyers

3.2.1

If you wish to purchase products advertised for sale on our Site:

3.2.2

Please check the product description in full before making any commitment to purchase. If you require any additional information about the product, or would like to see further images, please contact the seller directly via our Site to request further information before making your purchase. We cannot be held responsible, and you will not be able to return a product, if the product does not meet your expectations because you have not fully read the product description or have failed to ask the seller for additional information.

3.2.3

We will take reasonable efforts to ascertain whether a listing is authentic. However, if upon receipt of a product you think that it may not be an authentic product, please contact our customer services department at info@lot.co.uk.

4

Buying products from our website

4.1

As a buyer, your order will be accepted when we email you on behalf of the seller to accept it, at which point a contract will come into existence between you and the seller.

4.2

If the seller does not accept your order, we will inform you of this in writing and will refund you (in accordance with paragraph 8.5) for the product. This might be for a number of reasons, including because the product has been delisted by the seller, we have concerns of the authenticity of a product, we have identifed an error in the price or description of the product or because the seller is unable to meet a delivery deadline you have specifed.

4.3

We will assign an order number to your purchase. We will confirm via email regarding the seller’s acceptance of your order. Please reference your order or LOT number when you contact us.

4.4

Our Site is a platform to sell second hand furniture. As a result your statutory rights may be different to when purchasing new products from a retail website. Any product sold via our Site must (i) meet its product description; and (ii) be free from defects unless disclosed to you prior to purchase.

4.5

Our Site is targeted at UK consumers only. If you are resident outside of the UK, you will need to contact us to ascertain the international shipping costs for that product.

4.6

We also provide an additional upholstering service for certain products advertised for sale on our Site. This upholstering service will be provided by our third party supplier and will be subject to its terms and conditions. If you would like to use this service, we will arrange on your behalf for any products that you purchase from our Site to be shipped to our third party supplier before onwards delivery to you. Please note, as these services are undertaken by a third party supplier, we cannot accept any responsibility or liability in relation to the quality, cost, estimated time frames or any other expectation you may have. We are simply facilitating the service on your behalf for convenience.

5

Charges

5.1

Sellers

5.1.1

We will charge you a refundable [£25] listing fee for using our Services. This fee is payable upon providing us with the information contained in paragraph 3.1.2 and must be paid before listing your product on our Site. If you do not pay us the listing fee when requested and you still do not make payment within 7 days of us reminding you that payment is due, we may refuse to list your product until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the listing of your product until the outstanding amount is paid.

5.1.2

We may suspend the charge of the listing fee in paragraph 5.1.1 until the product you have listed on our Site is sold. If we suspend the payment, it will be taken at point of sale.

5.1.3

Upon payment of the listing fee, you authorise us on the sale of the product listed on our Site to automatically deduct a 25% commission from the amounts received from the buyer of your product before the balance is remitted to you by our Third Party Payment Provider.

5.2

Buyers

5.2.1

The price of any product (which includes VAT) will be the price indicated on the order page when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However, we are not responsible for setting the price of the product, and please see paragraph 5.2.3 for what happens if we discover an error in the price of the product you order.

5.2.2

If the rate of VAT changes between your order date and the date the product is supplied to you, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

5.2.3

It is always possible that some of the products advertised on our Site are incorrectly priced. We will normally check prices with the seller before your order is accepted so that, where the product’s correct price at your order date is less than the stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you on behalf of the seller for your instructions before we accept your order.

6

Payments by buyer

6.1

We accept payment, on behalf of the seller, via our Third Party Payment Providers. A buyer must make payment for your order before the product is dispatched by the seller.

6.2

If you think an invoice is wrong please contact us promptly to let us know. We will not be responsible for resolving any disputed invoice unless the price listed on our Site is different to the seller’s instructions. Where you think an invoice is wrong, we will use our reasonable efforts to help put you in contact with the seller directly to resolve the dispute with the seller directly. However, we will not be responsible for resolving any disputes between you and the seller.

6.3

We are only acting as a marketplace to facilitate transactions between sellers and buyers. However, to protect our own reputation and the risk of any liability attaching to us as a marketplace, we may at times recommend to our Third Party Payment Providers that they restrict access to funds in a seller’s account. We will only make such recommendations if, in our opinion, we have evidence to believe or suspect that the seller has abused our Site (see Interactive Features of our Website section below).

7

Payments to seller

7.1

Once we receive payment from a buyer we will notify a seller to dispatch the product. Upon delivery of the product the buyer has 14 days’ to reject the product should it breach any of the conditions listed in paragraph 4.4.

7.2

Upon expiry of the 14 day returns period, we will send to you the funds received by the buyer minus our commission and any other deductions we are permitted to make under these terms.

7.3

If you have more than 10 amounts of products listed on our Site for expediency we will remit to you any funds due to you pursuant to paragraph 7.2 twice a month rather than on each transaction.

8

Delivery

8.1

It is the seller’s and buyer’s responsibility to source, sell, and arrange for delivery of any product advertised via our Site.

8.2

We can offer to arrange delivery on your behalf via our third party provider, Hedley’s Humpers. To obtain a quote for such service please (click the estimate cost of delivery button) before submitting your order. If we arrange for delivery on your behalf, this will be subject to Hedley’s Humpers additional terms and conditions which can be accessed on receipt of the quote.

8.3

As soon as the order is collected by Headley’s Humpers the contact person and number you have supplied will be contacted via email or SMS. If you are unable to take delivery on the day it is your responsibility to liaise with Headley’s Humpers to re-arrange delivery. We cannot be held liable for the non-delivery of products if our delivery provider attempts to deliver the products and you are not available. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot Headley Humpers will contact you for further instructions and may charge you for storage costs and any further delivery costs.

9

Returns

9.1

If the buyer receives a defective product from a seller, it may be entitled, within 14 days of receiving the defective product, to receive a full refund.

9.2

If as the buyer, you think that you have received a defective product, please email us at info@lot.co.uk. Including, where possible the Order Number, details of the fault and photos. We will then liaise with the seller regarding your concerns.

9.3

If the product can be repaired to meet the product description a seller may agree with a buyer to reduce the price of the item to reflect the cost of a repair.

9.4

If you have purchased products listed by Lot, a buyer shall have a ‘cooling off period’ which ends fourteen (14) days beginning the day after the buyer receives the product. During this cooling off period the buyer may exercise his/her right to cancel the purchase from us without having to give any reasons or pay any penalties. This right can be exercised before receipt of the product. If a buyer wants to cancel their order from us then they must email us at info@lot.co.uk. If a buyer exercises their right to cancel in accordance with this paragraph 9.4, they will need to pay for the costs of returning the goods. This right only applies where LOT is listed as the seller of the item and does not apply when purchasing any items from another seller on the site.

9.5

Please send your products back via registered post in satisfactory packaging to ensure that the product will arrive safely at their destination.

9.6

We will process any refund due to you on the seller’s behalf as soon as possible and, in any case within fourteen (14) days after the day we confrm via e-mail that you, as a buyer, are entitled to a refund for defective products. The refund will be made using the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise).

9.7

The seller will be responsible for the reasonable postage costs of returning the products up to the cost of the standard delivery charge.

9.8

If you have a query about returning goods, please contact info@lot.co.uk. As a seller, when a product is returned and a refund is due to the buyer, you authorise us, to request that our Third Party Payment Provider may reverse the refund amount from your account. We will place such refund on your account as a fee which will be automatically charged to the payment card we hold for you on file.

9.9

As a seller, when a product is returned and a refund is due to the buyer, you authorise us, to refund the buyer from the monies in our bank account which we hold on your behalf.

9.10

As a seller, if a buyer returns a product because it is faulty or it does not meet its description online, you will be responsible for the return postage charges, which we will automatically refund to the purchaser. These additional costs will be charged to the payment card we hold for you on file.

10

Interactive features of our website

Sellers

10.1

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.

10.2

Any content you upload to our Site will be considered non-confdential and nonproprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

10.3

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.

10.4

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

10.5

You are solely responsible for securing and backing up your content.

10.6

When you upload content to our Site (or where we upload content on your behalf), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the content (including any derivative works) to any and all intellectual property right you have in or to the content in any media known now or developed in the future.

Buyers and sellers

10.7

We do not guarantee that our Site will be secure or free from bugs or viruses.

10.8

You are responsible for confguring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

10.9

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

11

Our responsibility for loss or damage suffered by you.

11.1

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

11.3

This Site is only foraimed at domestic and private useusers. If you use this Site for any commercial, business or re-sale purpose we will have no liability to you for any loss of proft, loss of business, business interruption, or loss of business opportunity.

12

How we may use your personal information

12.1

We will use the personal information you provide to us:

12.1.1

to pass your delivery details to the seller for the supply the products to you;

12.1.2

to process your payment for the products; and

12.1.3

unless you opt-out during the order process, to give you information about similar products that are available on our Site, but you may stop receiving this at any time by contacting us.

12.2

We will only give your personal information to third parties where the law either requires or allows us to do so.

13

Other important terms

13.1

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 the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided or products listed and not sold. Any products that a seller currently has listed will be removed from the Site from the date the seller cancels its contract with us.

13.2

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3

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.

13.4

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.5

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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