Terms & Conditions of Purchase

1. These Terms

1.1 What these terms cover. These are the terms and conditions on which we buy clothes from you.

1.2 Why you should read them. Please read these terms carefully before you agree to sell your clothes to us. These terms tell you who we are, how we will buy clothes from 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 to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Katie’s Kids Clothes Limited a company registered in England and Wales. Our company registration number is 11609025 and our registered office is Nethercott Lodge, Iddesleigh, Devon, EX19 8BD.

Our office address is Bissett’s Garage, Exeter Road, Winkleigh, Devon EX19 8HW.

2.2 How to contact us. You can contact us by emailing our customer service team at: help@katieskidsclothes.com.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your selling enquiry.

2.4 “Writing” includes emails and chat messages. When we use the words “writing” or “written” in these terms, this includes emails, chat messages and messages and information sent via social media messaging services and through forms on our websites.

3. Our contract with you

3.1 How you will accept our order. Your acceptance of our order will take place when you agree to our offer in writing, at which point this contract will come into existence between you and us.

3.2 If you do not accept our order. If you do not accept our order, we will not arrange collection of your clothes or pay you. No contract will be in place between us.

3.3 Your purchase order number. We will assign a purchase order number to our order and confirm this in writing. It will help us if you can tell us the purchase order number whenever you contact us about our order.

3.4 We only buy and collect from sellers in the UK. We buy exclusively from sellers in the UK. At present, we do not place orders with sellers or collect from addresses outside the UK.

4. Your clothes

4.1 Your clothes must meet our Quality Standards. We only purchase clothes which meet strict Quality Standards. In accepting our order, you are agreeing that your clothes meet these Quality Standards. The price we agree to pay for your clothes is subject to every item of clothing meeting these Quality Standards.

4.2 These are our Quality Standards. You are confirming that all items of clothing you sell to us:

  • are not dirty;
  • have been washed since they were last worn;
  • have no stains;
  • have no marks;
  • have no missing buttons or poppers;
  • have working zips and fasteners;
  • have no holes or tears;
  • have no noticeable wear, including on the knees, cuffs, elbows and seat;
  • have no bobbling;
  • have no fading;
  • are not stretched;
  • are not misshapen;
  • are not personalised;
  • do not feature school emblems, logos or other location-specific motifs;
  • do not feature dates which are not current; and
  • are wearable items.

4.3 You must send the clothes shown in your photographs. Prior to us placing an order with you, you must supply photographs of all of the items of clothing you are selling to us. You must only photograph items you are selling to us. The photographs should be of the clothes in the condition in which you intend to sell them to us.

4.4 You must accurately weigh your clothes. Prior to us placing an order with you, you must accurately weigh all of the items of clothing you are selling to us and confirm the combined weight, excluding the packaging.  Our offer price will be based on what you tell us your clothing weighs.

4.5 You may need to confirm the weight of each size of clothing. We may ask you to tell us the combined weight of the clothing you have in each size.  This will allow us to calculate our offer price.

4.6 You need to confirm the total weight of your clothing and all packaging. In order to arrange a courier to collect your clothing, you will need to tell us the total weight of the clothing we wish to purchase from you, including the weight of any packaging.

5. Our right to make changes

5.1 Prior to your clothes being collected from you, we may change or cancel our order:

(a)  to reflect changes in relevant laws, Government advice and/or regulatory requirements;

(b)  if we suspect the items you are selling to us are not your own;

(c)  if we cannot arrange a courier to collect your clothes and deliver them to us; or

(d)  if our courier is unable to collect your clothes for any reason.

If we cancel our order prior to your clothes being collected from you, we will not pay you for your clothing.

5.2 After your clothes have been collected from you, we may change our order:

(a)  if the weight of the items of clothing delivered to us is different to what you told us prior to the order being placed;

(b)  if any of the items of clothing you send do not meet our Quality Standards;

(c)  if any of the items of clothing you send are different to the ones shown in the photographs you provided;

(d)  if any of the items of clothing you send are in sizes which are different to those agreed; or

(e) if our courier fails to deliver some or all of your clothing to us.

If we do change our order after your clothes have been collected from you, we will pay a reduced amount for your clothes based on the actual weight of the items of clothing delivered to us that meet our Quality Standards.

6. Sending your clothes to us

6.1 Collection costs. We will pay the cost of collecting your clothes once you accept our order.  The fee we pay the courier for collection will be based on the total weight you provide us with for the parcel.

6.2 Deducting excess collection costs. If the total weight of the parcel you send us exceeds that quoted causing us to incur additional courier costs, we may deduct the excess courier charge from the amount we pay for your clothes.

6.3 When your clothes will be collected. We will arrange a courier to collect your clothes from you from the address you indicate on the date agreed when we place our order with you.  Our courier may not be able to guarantee a specific time for the collection.

6.4 We are not responsible for delays to collection outside our control. If the collection of your clothes is delayed by an event outside our control 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. We will not be liable for delays caused by the event, but if there is a substantial delay you may contact us to end the contract.  We will not pay you for your clothes if this happens.

6.5 You agree to be at the collection location on the date agreed. Once we place our order, you agree to be at the address stated for collection on the date agreed.

6.6 If you cannot be at the collection location you must tell us. Once a collection date and location has been agreed, you must email us if you cannot be at that location on that date and request a different collection date.  Up to 10pm on the day before the collection is due to occur, we may be able to rearrange collection.

6.7 If our courier is unable to collect from you, two more collection attempts will be made. If our courier is unable to collect from you on the agreed date, they will leave a card to let you know they attempted collection.  They should then attempt to collect on two more occasions.  If they are unable to collect from you on the third occasion, they will not attempt to collect from you again.

6.8 If we need to arrange a second courier service, we may deduct the cost from the price we pay for your clothes. If, after three collection attempts, our courier is unable to collect from you for reasons outside of our control and we need to arrange a further collection we reserve the right to deduct the cost of the second courier service from the price we pay for your clothes.  If we intend to do this, we will notify you prior to paying for a second courier service.  You may choose to cancel the contract at this point, should you wish.

6.9 It is your responsibility to package the clothing securely. You must securely package the clothing prior to collection. This means putting your clothing into a good quality black dustbin sack, closing the opening with strong parcel tape and then wrapping the parcel with parcel tape such that it is protected during transit.  You must also attach the courier shipping label we send to you.

6.10 If your clothing is damaged or lost during transit due to poor packaging. If your clothing is lost or damaged during transit because it has not been securely packaged, neither we nor the courier service we use will be liable for any losses.

6.11 If you do not have the materials to package the clothes. If you cannot securely package the clothing prior to collection or print the courier shipping label, we may be able to send you the required materials in the post. We will agree a fee with you for providing this service. The fee will then be deducted from the final payment we make to you.

6.12 When we become responsible for the clothes. Your clothes become our responsibility from the time the courier delivers them to our address.

6.13 When we own the clothes we wish to purchase. We own the clothes once you have received payment for them.

6.14 When we own any items you send that we reject. We own any items that we reject as set out in clause 10.3.

6.15 If your clothing is lost in transit. If any or all of your clothing is lost by our courier and they are not delivered to us, then we will make an insurance claim in line with our courier’s terms and conditions of service.  We will not pay a compensation payment to you unless and until we receive an equivalent payment from our courier.  The price we offered for your clothes will be the maximum compensation payment we will make to you.

7. Our right to end the contract

7.1 We may end the contract if you break it. We may end the contract to purchase your clothes at any time by writing to you if:

(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to purchase or collect the products;

(b) you do not allow or enable us or our courier to collect the products from you within 30 days of accepting our order;

(c) you do not supply the exact clothes you send us photographs of in accordance with our Quality Standards and in the sizes, quantity and weight you indicated prior to us placing an order.

8. How and when you will be paid

8.1 You will be paid once your clothes have been delivered and checked. You will be paid the amount agreed for your clothes, less any deductions, once the quality, quantity and weight of your clothes has been confirmed.   By entering into a contract with us, you agree to being paid only once your items have been checked and you agree that that the final price you are paid may differ from our offer price for the reasons stated in this contract.

8.2 Your clothes may not be checked immediately. We aim to check all items of clothing as quickly as possible after they are delivered. We provide no guaranteed timescale for checking your clothes.  There may be a delay to your items being checked for the following reasons:

(a)  Under normal circumstances, it can take up to two weeks to check new deliveries.  At busier times, this can be longer; and

(b)  We may need to put your clothes into quarantine for a period of time for health and safety reasons.  If this is necessary, you will be notified of this before we place an order.

8.3 You will be paid by BACS, PayPal or in store credit. Prior to accepting our offer, you will be asked how we should pay you.  We will pay by bank transfer, Paypal or in store credit which can be redeemed at katieskidsclothes.com only.

8.4 The price we will pay. The price we will pay you will be agreed in writing prior to you accepting our order.  The prices we pay per kilogram for each size are shown on our website ‘Prices’ page.

8.5 Deductions will be made at our discretion. All clothes you send to us will be thoroughly checked. We may make deductions to the price we pay for any of the reasons stated in clauses 5.2, 6.2, 6.8 and 6.11. Deductions will be calculated by weighing all of the clothing which we are not willing to pay for and deducting a pro rata amount from our offer price.

8.6 You will be notified if we make deductions. We will email you to notify you of any deductions we intend to make and the reasons for those deductions.

9. Your right to cancel our order

9.1 Your right to refuse our revised offer. You may cancel our order at any time up to when you are paid for the items of clothing we wish to purchase.

9.2 If you cancel your order, you will need to reimburse us for any costs incurred.  If you cancel our order, you will need to reimburse us for all fees paid out by us up to the time the cancellation is confirmed by us in writing.  These fees will include all courier fees, the costs of any packaging materials provided to you and the cost of posting those materials to you.  You will not be asked to reimburse us for the time spent placing our order with you.

9.3 If you cancel your order after your items have been collected from you, you will need to pay for a courier to return your items to you. If you cancel our order after your clothing has been collected from you, you will need to arrange and pay for a courier to collect your items from us.

9.4 We will not release your items until we have been reimbursed.  We will not release your items to your courier until our costs have been fully reimbursed by you, as indicated in clause 9.2.

9.5 The reimbursement amount you owe will be confirmed in writing.  We will acknowledge your cancellation request in writing and also confirm the reimbursement amount you will need to pay.

9.6 You will need to reimburse us by BACS or PayPal. No other form of payment will be accepted.

10. Your right to arrange for rejected items of clothing to be returned to you

10.1 If we reject your items of clothing, you may arrange to have them returned to you. Any items of clothing you send us which are rejected for the reasons stated in clause 5.2 will remain your property.  You have the right to arrange and pay for a courier to collect them from us.  If you wish to do this, please notify us in advance in order to agree a date and time for collection.

10.2 If you cancel the contract after your items have been delivered, you may arrange to have them returned to you. If you opt to cancel the contract at any time after your items have been delivered to us, you have the right to arrange and pay for a courier to collect them from us.  If you wish to do this, please notify us in writing (via email) in order that we can confirm a date for collection.

10.3 You have 14-days to confirm what you wish us to do with rejected items. Starting at the time you are notified that the items of clothing you sent to us have been rejected, you will have 14-days to arrange collection or confirm that you are happy for us to dispose of the items.  If you do not contact us to do this, your items become our property and will be disposed of in accordance with clause 9.4.  If, at any time within the 14-day period, you confirm in writing that you do not wish your items to be returned to you, the items immediately become our property.

10.4 If you do not want items returned, they will be disposed of at our discretion. Any items which do not meet our Quality Standards and which you do not want returned, will become our property by default.  We may do any of the following:

(a)  Send the items to a textiles recycling company;

(b)  Send the items to a charity shop for resale; or

(c)  Attempt to return the items to a saleable condition and then offer the items for sale to our customers.

The means of disposing of your unwanted items will be entirely at our discretion.

10. Donations

11.1 If you choose to donate your clothes, we may not ask you to complete all of the steps in our purchase process. You may not need to provide as much information about your clothes, if you choose to donate them.  Donations are assessed on a case-by-case basis and the acceptance of donations is entirely at our discretion.

11.2 If you donate your clothes to us, some clauses will not apply.  If you elect to donate your clothes to us, the following clauses will not form part of our contract with you:

  • clause 5.2;
  • clause 6.2, 6.8, 6.13, 6.14 and 6.15;
  • clauses 8.1, 8.3, 8.4, 8.5 and 8.6; and
  • clauses 10.1 to 10.4.

11.3 If you donate your clothes, they become our property when they are delivered to us.

12. If there is a problem

12.1 How to tell us about problems. If you have any questions or complaints about any aspect of our order or our service, please contact us. Write to us at help@katieskidsclothes.com or Customer Services, Katie’s Kids Clothes, Bissett’s Garage, Exeter Road, Winkleigh, Devon EX19 8HW.

12.2 Summary of your legal duty. You are under a legal duty to supply clothing that is in conformity with this contract.

12.3 Cancelling or changing an order prior to collection. If you wish to cancel or change our order before we have collected your clothing from you, please request this by emailing help@katieskidsclothes.com quoting your purchase order number.  You may be asked to reimburse us for our costs, in accordance with clause 9.2.

12.4 Cancelling or changing an order after collection. If you wish to cancel or change our order after we have collected your clothing from you, but before you have been paid, please request this by emailing help@katieskidsclothes.com quoting your purchase order number.  You will be asked to reimburse us for our costs and arrange a courier to collect your clothing, in accordance with clauses 9.2 & 9.3.

13. Our responsibility for loss and damage suffered by you

13.1 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.

13.2 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; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you, and of satisfactory quality; and for defective products under the Consumer Protection Act 1987.

13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.4 We are not liable for business losses. We only purchase clothing from domestic and private suppliers. If you are selling your clothes on behalf of any commercial organisation or for commercial purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

14.1 How we will use your personal information. We will use the personal information you provide to us:

(a)  to purchase clothing from you;

(b)  to process our payment for your clothing; and

(c)  if you agreed to this during the order process, that we may contact you about purchasing from you again in the future, but you may stop receiving our communication at any time by contacting us or unsubscribing.

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

15. Other important terms

15.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.2 If a court finds part of this contract 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.

15.3 Even if we delay in enforcing this contract, 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 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.

15.4 Which laws apply to this contract and where you may bring legal proceedings. 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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