Our Terms and Conditions
The following terms and conditions govern the use of the AW365 Limited website and services. By accessing or using our website and services, you agree to be bound by these terms. Please review them thoroughly as they may be updated periodically. If you disagree with any part of these terms and conditions, please do not use our website or make any order from us.
Introduction & Scope
These Terms and Conditions (hereinafter referred to as "Terms") govern the use of the AW365 Luxury Brand New and Pre-Owned Items Service (hereinafter referred to as the "Service") provided by AW365 Limited (hereinafter referred to as "we," "us," or "our").
Usage Restrictions
This website is intended solely for consumers. Trade customers should contact us directly at [email protected] for purchases.
Ownership and Operation
Our website is owned and operated by AW365 Limited, company number 14287191 and whose registered address is Suite B, 10th Floor, Albany House, 31 Hurst Street, Birmingham, West Midlands, England, B5 4BD.
Contact Information
By post: Suite B, 10th Floor, Albany House, 31 Hurst Street, Birmingham, West Midlands, England, B5 4BD
By email: [email protected]
By telephone: +44 (0) 1215825888
Agreement
These Terms govern your use of our website and any purchases made.
Sections
- Definitions
- General Terms
- Buying Terms
- Selling Terms
- Repairing Terms
- Provisions and Obligations
- Privacy Notice
Definitions
"Affiliates" means any website operator, retailer, or direct marketing company that has entered into an agreement with us.
"Customer" or "You" or “Visitor” means any individual or entity using our Service.
"Luxury Brand New/ Pre-Owned Handbag(s) / Item(s)" means the pre-owned luxury handbags or items offered for sale through our Service.
"VAT" means Value Added Tax.
"UK" means England, Wales, Scotland, and Northern Ireland.
"Buy" shall mean the purchase of any Product by a Customer from AW365.
"Sell" shall mean any Product sold by a Customer to AW365.
"Exchange" shall mean an act of giving one thing and receiving a voucher.
"Personal Information" means the personal details provided by you at the time of registration or subsequent updates.
"Product/s" means chattels real (movable property) bought, sold, or exchanged between the Customer and AW365.
"Product Description" means that part of the website where the description of the particular Product is provided.
"Second-hand" means the product has been owned and used by someone else before.
"Brand new" means the product has not been used by anyone else before.
"Store" means an AW365 office or retail store.
"User" means a person who uses or accesses this website, including a Customer.
"Website" means the website located at ‘aw365.com’ and its subdomains.
"Assessment" means valuation or authentication of a luxury Item(s).
"Couriers" means a third party company that we use to deliver your Item(s).
"Service/Work" means the cleaning, repair or restoration of Your Items.
"Depreciated Value" means the value of your item in its pre-work condition.
General Terms
These terms apply to all site visitors, regardless of whether a purchase is made.
1. User Obligations
You agree to:
- You are limited to one Account with us.
- You agree not to impersonate anyone else while using the Site.
- If you access another site through ours, you agree to review their terms and conditions.
- You agree not to employ automated means like robots, spiders, or scrapers on the Site.
- You agree not to circumvent any measures we implement to restrict access to certain parts of the Site.
- You agree not to engage in actions that could impair our systems' functionality.
- You agree not to replicate the Site or any part thereof for use on other websites or applications.
- You agree not to attempt to alter, translate, adapt, edit, decompile, disassemble, or reverse engineer any of our systems.
- You agree not to use our trademarks, designs, or layout without prior permission from us.
2. Intellectual Property
2.1 The IP on the site is owned by us and our partners. Use of the site content is permitted only with our written consent.
2.2 Trademarks and logos on the site are protected by law.
3. Description of Products
3.1 If a Product is incorrectly priced online, AW365 is not obligated to honor the incorrect price under the Sale of Goods Act. In the event of such an error, AW365 will either offer the item at the correct price or cancel the transaction and withdraw the Product from sale until the error is corrected.
3.2 AW365 reserves the right to adjust the sale price, rent, lend, gift, or sell any item on a third-party platform once ownership has been transferred to AW365.
3.3 Additional components, such as extra straps or a designer dust bag, are subject to availability.
3.4 The attributes of the Product, including descriptions, images, and condition ratings, are for reference only and may not represent the final Product or its sale price.
3.5 All Products are either brand new or second-hand.
3.6 AW365 is not affiliated with any of the brands that are traded.
3.7 AW365 reserves the right to terminate or amend any price reduction promotion or competition at any time without prior notice.
3.8 A contract between AW365 and the Customer regarding the Products is established when the order has been accepted by AW365 (or vice versa) in accordance with these Terms of Use.
3.9 To maintain appropriate demand and supply, avoid significant price fluctuations, and ensure stock availability for the benefit of all AW365 Customers, we reserve the right to limit the number of purchases or sales by an individual Customer at any time.
3.10 Occasionally, there may be information on our sites that contains typographical errors, inaccuracies, or omissions related to Product descriptions, pricing, promotions, offers, delivery charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
4. Disclaimers
Please be aware that any utilisation of this website or purchases made through it implies an agreement to adhere to the detailed terms and conditions, which supersede any other terms. Contracts or agreements formed via this website will be interpreted and governed according to English law, and any disputes will fall under the exclusive jurisdiction of the English courts.
This site is presented on an "as is" basis, and AW365 Ltd. makes no warranties or representations of any kind regarding this site or its contents. AW365 Ltd. disclaims all such warranties or representations and does not assure the accuracy or completeness of the information on this site. These disclaimers do not exempt AW365 Ltd. from liability for matters that may not be excluded under any applicable national law.
AW365 Ltd., along with its directors, employees, or agents, will not be held liable for damages arising from or in connection with the use of this site. This comprehensive limitation of liability covers all types of damages, including compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss, or damage to property, and claims from third parties. AW365 Ltd. does not waive any liability for death or personal injury resulting from its negligence or the negligence of its directors, employees, or agents.
AW365 Ltd. cannot assume responsibility for any losses incurred while transmitting information to us via the internet link or by email. Such loss shall be solely and entirely your responsibility, and AW365 Ltd. will not bear any part of it either wholly or partially.
5. Forums and User Content
5.1 Forum Usage Rules:
- Avoid obscene or vulgar language.
- Don't submit unlawful or objectionable content.
- Refrain from posting abusive, threatening, harassing, defamatory, racist, ageist, or sexist material.
- Don't create posts that encourage violence.
- Ensure all posts are in English.
- Do not link to sites that violate these guidelines.
- Advertising through forums is prohibited.
- Impersonation of others is forbidden.
- Posts must not contain viruses, trojans, crawlers, or harmful software that could affect our systems.
5.2 Moderation Rights: We reserve the right to moderate and remove any posts at our discretion.
5.3 Post Authorship: By submitting a post, you confirm you're the author, hold all rights to the content, and grant us permission to repost without compensation or additional permissions.
5.4 Viewer Acknowledgement: Understand that we are not the authors of forum posts and the views expressed may not represent our views.
5.5 Reporting Objectionable Content: If you find a post objectionable, report it to us for review and potential removal.
6. Site Availability
6.1 We don't guarantee constant availability of the Site and are not liable for any losses due to its unavailability.
6.2 We reserve the right to modify, suspend, or discontinue the Site and its services anytime without compensation.
7. Limitation of Liability
Our liability for losses incurred from site use is limited as permitted by law.
We do not exclude liability for death, personal injury, or fraud.
8. Links to Other Websites
8.1 We are not responsible for the content or losses from using linked websites.
8.2 We don't endorse or guarantee the accuracy of the content on linked sites.
8.3 Links to other sites are not an endorsement or recommendation from us.
8.4 We cannot guarantee that external links will always work.
9. Changes to Terms and Site
9.1 Terms may change periodically without personal notification to users.
9.2 Users are responsible for checking for changes in Terms with each Site visit.
9.3 Changes to the Site do not affect the applicability of these Terms.
10. Additional Legal Terms
10.1 No partnership or joint venture is established between us.
10.2 These Terms supersede all previous agreements and represent the full understanding between us.
10.3 Time constraints are not strict in the enforcement of these Terms.
10.4 If any part of these Terms is deemed unenforceable, the rest remain valid.
10.5 Formal notices must be communicated via email to the provided addresses.
10.6 These Terms constitute the entire agreement between us.
11. Card Information Security
11.1 We do not retain full bank or credit card details.
11.2 Payment gateways may store payment information, so that they can provide their payment service.
12. Voucher and Discount Codes
Codes and promotions are subject to specific terms and conditions.
13. Complaints and Disputes
13.1 In the unlikely event that you wish to make a complaint about any product or service we offer, please contact us at [email protected] by giving us full details of your dispute or claim. It is imperative that such communication is made in writing and submitted within 14 days following either the date of shipment dispatch from our facility or the date on which the parcel was delivered to you, whichever is applicable.
13.2 If the issue cannot be resolved within 60 days of your initial notification, we each agree to attempt to settle it through mediation in accordance with the Centre for Effective Dispute Resolution Model (“CEDR”) Mediation Procedure.
13.3 Unless otherwise agreed between you and us, the mediator will be selected by CEDR.
13.4 To start the mediation, either party must give the other written notice (“ADR Notice”) requesting the mediation. A copy of the request should be sent to CEDR.
13.5 The mediation will start not less than 60 days from the date of the provision of the ADR written notice.
13.6 You and we both, irrevocably, agree that neither you nor we may commence any court proceedings in relation to any dispute arising out of any matter relating to these Terms until we have first attempted to settle the dispute by mediation and either the mediation has been terminated or the other party has failed to participate in the mediation for a period of not less than 30 days from the date of the commencement of the mediation.
14. Liability
14.1 We will do our best to comply with any delivery instructions you specify but cannot guarantee to do so and we will have no liability if we do not comply with them. If you have any such instructions, they must be clearly displayed in your order and emailed to us at [email protected].
14.2 All liability will shift to customer from us once the parcel is shipped.
14.3 While we stand behind our products, we shall not be held liable for indirect or consequential losses claimed to arise from concerns about product authenticity, provided we have acted in good faith in sourcing and supplying the product.
14.4 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, subcontractors or for fraud or fraudulent misrepresentation.
14.5 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the order you have placed with us.
14.6 Subject to Clause 15.1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of any products or services will be limited to the amount paid by you in respect of such product or service.
14.7 We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the Site or any notification sent by us to you will be free of viruses or other harmful components.
14.8 We do not accept any liability or responsibility for the actions or omissions of any third party, including any doctor which we recommend to you.
14.9 We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity if you use any of our products or services otherwise than in accordance with these Terms.
14.10 We have no liability for any loss or damage which arises from your failure to inform your own doctor or other health care professional or that of any patient for whom you have obtained the Product about that Product or the Services which you order from the Site.
15. Events Outside of Our Control (Force Majeure)
15.1 We are not liable for delays or failures due to circumstances beyond our control.
15.2 In such cases, we will aim to minimise delay or may refund payments for undelivered orders, using the same method by which you paid us.
Buying Terms
We offer a few distinct types of business services, each governed by its own set of terms and conditions. Please select the option that best applies to you from the choices below. Kindly note that agreeing to any specific terms also signifies your acceptance of our general terms and conditions.
Selling Terms
We offer a few distinct types of business services, each governed by its own set of terms and conditions. Please select the option that best applies to you from the choices below. Kindly note that agreeing to any specific terms also signifies your acceptance of our general terms and conditions.
Repairing Terms
We offer a few distinct types of business services, each governed by its own set of terms and conditions. Please select the option that best applies to you from the choices below. Kindly note that agreeing to any specific terms also signifies your acceptance of our general terms and conditions.
Provisions and Obligations
These Terms are governed by the laws of England and Wales.
We may modify these Terms and will notify users of significant changes.
We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.
You may not transfer (assign) your rights and obligations under these Terms.
Privacy Notice
By using our Service, customers agree to the collection, use, sharing, storage, and processing of their personal information in accordance with our Privacy & Cookie Policy, which is incorporated into these Terms.