1. INTERPRETATION AND SCOPE

These terms are applicable to the users of the website and any transactions done in the stores operated by Designer Exchange or under its licence. The domain name designerexchange.com and all subdomains, (hereinafter referred to as "Website") is owned by Designer Exchange LTD.

Scope - Your use of this website and in-store services are governed by the following terms and conditions ("Terms of Use") including the applicable policies which are incorporated herein by way of reference.

If you transact on the website or in-store, you agree to be bound by the Terms of Use. You shall be subject to the policies that are applicable to the website and stores for such transactions and/or access.

By mere use of the website, you shall be contracting with Designer Exchange Limited and these Terms of Use including the policies constitute your binding obligations with Designer Exchange.

2. DEFINITIONS

1. "Affiliates" means any website operator, retailer, kiosk operator, direct marketing company, telemarketer, or operator of other direct marketing campaigns that has entered into an agreement with Designer Exchange which compensates the affiliate for transactions resulting from business directed to the Designer Exchange by the affiliate.

2. “Attributes” means and includes the characteristics of the product which are tangible in nature like size, color, smell, product design, weight, etc; and intangible aspects like quality, and aesthetics. The attributes of the products which are shown on the website may differ on certain occasions as compared to the product that may be delivered via ‘Click and Collect’ or as compared to that is available in store. (Product attribute is given in Clause 3.5).

3. "Designer Exchange" includes Designer Exchange Limited and its group companies and any of the stores run by its franchisees.

4. "Cookies" means small text files which the Designer Exchange website places on your device to store information about your shopping session and to identify your device.

5. "Customer" or means a person or organisation that buys, sells or exchanges products with Designer Exchange in store or online.

6. "Buy" shall mean purchase of any Product by a Customer from Designer Exchange.

7. "Sell" shall mean any Product sold by a Customer to Designer Exchange.

8. "Exchange" shall mean an act of giving one thing and receiving a voucher.

9. “Voucher” shall mean a Designer Exchange voucher redeemable only in a Designer Exchange UK store or on the UK Website.

10. “Click & Collect” means a way of buying something in which the Customer orders and pay for it on the internet, then collects it from the shop.

11. “Layaway” means part-paying to secure a product for later purchase.

12. "Personal Information" means the personal details provided by you at the time of registration or at the time you become a member and/or any subsequent information that you provide after or before the registration.

13. “Picked” means that the e-commerce order placed on the website is accepted.

14. "Product/s" means chattels real (movable property) bought, sold or exchanged between the Customer and Designer Exchange, and also those products that are sent to Designer Exchange for sale but for which the transaction has not yet been completed. It also includes all items listed for sale online and in-store.

15. "Product Description" means that part of the website where the description of the particular Product is provided.

16.”Second-hand” means the product has been owned and used by someone else before and is not brand new.

17. "Store" means a Designer Exchange retail store.

18. "User" means a person who uses or accesses this website including a Customer.

19. "Website" means the website located at ‘designerexchange.com’ and its subdomains, and any subsequent URL which may replace it without any prior notice.

3. DESCRIPTION OF PRODUCTS

3.1 If a Product is priced incorrectly in-store or online, or scans at the wrong price at the till, Designer Exchange is under no obligation to honour it under the Sale of Goods Act. Should this error happen, Designer Exchange will offer the item at the correct price or refuse the transaction and withdraw the Product from sale until fixed.

3.2 Designer Exchange reserves the right to change the sell price of any item, rent the item out, lend the item, gift the item or sell it on a third party platform once ownership has been transferred to Designer Exchange.

3.3 The RRP (recommended retail price) is correct as of the time that the Product was purchased by Designer Exchange.

3.4 Additional elements - such as extra straps or a designer dust bag - are subject to availability.

3.5 The Product attributes (otherwise known as ‘features’), including Product descriptions, Product images and condition descriptions (or ratings), are guidelines only and do not represent the finished Product or the sell price.

3.6 All Products are second-hand unless specifically stated.

3.7 Designer Exchange is not affiliated with any of the brands that are traded.

3.8 Designer Exchange has the right to end, or amend, a price reduction promotion or competition at any time without any notice.

3.9 The contract between Designer Exchange and the Customer, in respect of the Products, comes into existence when the order has been accepted by Designer Exchange (or vice versa) in accordance with these Terms of Use.

3.10 For the purposes of maintaining appropriate demand and supply, avoiding major price fluctuations and stock availability for the benefit of all Designer Exchange Customers, Designer Exchange reserves the right to limit the number of buys or sales by an individual Customer, at any time.

3.11 Occasionally there may be information on the Designer Exchange sites or in the service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers,delivery charges, transit times and availability. Designer Exchange reserves 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. MEMBERSHIP

4.1 Designer Exchange offers combined membership that can be used online or in store.

4.2 Memberships are not required to buy a Product in-store however this may be offered.

4.3 Membership is mandatory to Purchase a Product online.

4.4 Membership is required to sell or Exchange Products in-store or online.

4.5 When selling to Designer Exchange, Designer Exchange will create an in-store membership alongside the online membership. Customers will need to provide information within the ‘Seller ID’ section on ‘Your Account’ on the ‘designerexchange.com’ website. This is required to process the transaction.

4.6 Photographic ID is required for registration of an in-store membership. This must be an in-date and valid UK driver’s license or passport.

4.7 All Customers with a membership must be eighteen [18] years of age or older.

4.8 Users seventeen [17] or under may only use the Designer Exchange website with involvement of a parent or guardian.

4.9 The Personal Information which the Customer is required to provide when registering must be true, accurate, current and complete in all respects.

4.10 The Customer must update their online and in-store account to reflect any changes to personal information.

4.11 The Customer must agree not to impersonate any other person or entity or to use a false name or a name that they are not authorised to use.

4.12 The Customer must only have a maximum of one [1] in-store membership and one [1] online membership.

4.13 When selling to Designer Exchange, Designer Exchange may create an online membership using in store details. This will be done when the action is required to process the transaction.

Designer Exchange will only contact The Customer by email to fulfil business obligations or if The Customer has opted in to receive emails.

5. BUYING FROM DESIGNER EXCHANGE

5.1 Any order placed online will be considered as a binding contract and the order will be dispatched by Designer Exchange unless it has been cancelled by Designer Exchange or the Customer.

5.2 Designer Exchange may cancel an order in the case of a Product that is unavailable, damaged or if proper payment has not been made by the Customer.

5.3 Designer Exchange may also cancel the order if the Customer doesn’t meet the eligibility criteria or is in breach of the Terms of Use.

5.4 Designer Exchange reserves the right to refuse any order placed for any reason.

5.5 An order can be cancelled by the Customer until the time it has been dispatched from the store. After the order has been accepted by Designer Exchange (picked) then the order can only be refunded and not cancelled.

5.6 The Customer is responsible for the costs, damages and liabilities associated when returning an item or items to Designer Exchange.

5.7 The payment methods accepted online are PayPal, Apple Pay, American Express, Visa, Mastercard and Klarna.

5.8 The payment methods accepted in-store are American Express, Apple Pay, Visa and Mastercard.

5.9 Designer Exchange does not currently accept bank transfer or layaway.

5.10 Designer Exchange reserves the right to request to see valid photographic ID upon the collection of a Click & Collect order. A reference pertaining to the ID will be taken and held on record for a minimum of 120 days and a maximum of 150 days.

5.11 Only the Customer who placed the Click & Collect order may collect. Designer Exchange reserves the right to cancel an order when this is not adhered to.

5.12 For a Click and Collect order, the Customer should not visit the store until they have been contacted with the information that the order is ready to collect.

5.13 If the Customer fails to collect the Click & Collect order within the given collection period, the order will be cancelled, it will no longer be available for collection and the payment will be refunded.

5.14 Designer Exchange shall not be liable for any losses or expenses suffered, or any disappointment caused by the Customer's failure to collect the order before or after the given collection period, if the Customer fails to provide appropriate documentation to collect the order, or if the fitting rooms are unavailable at the time of collection.

5.15 Vouchers originally for spending in the UK territory can not be exchanged for vouchers for the ES territory (and vice versa).

6. USING KLARNA

6.1 Designer Exchange offers ‘Pay in 3’ and ‘Pay Later’ which are both a credit agreement between the Customer and Klarna - also known as ‘Klarna Bank AB UK Branch’.

6.2 To use Klarna on designerexchange.com, the Customer must be a UK resident, over eighteen [18] years old and have a valid payment card (the card must be in the Customer’s name, must not have expired and has enough money available to cover all the instalments).

6.3 Klarna may carry out a limited credit search on the Customer at a credit reference agency. This is a soft credit check, and will not affect the Customers credit score. However, information such as payment holidays and existing, late and unpaid balances is visible on the Customer's credit file to other lenders. Mortgage lenders could possibly include your monthly Buy Now Pay Later commitments as part of their affordability checks.

6.4 Klarna will store the Customers card details on their systems and use these details to approve future payments. Klarna’s Privacy Policy can be read and understood here.

6.5 Pay in 3

6.5.1 The Customer can pay for a Product by dividing the cost into three [3] equal instalments. Klarna accepts most cards except prepaid cards and may not also accept a card that’s due to expire in the near future. There will not be any interest, fees or charges for using a debit or credit card from Klarna or Designer Exchange.

6.5.2 The Customer is able to make payment early through the Klarna App. If a payment is made earlier, and the balance cleared Klarna will not continue charging the bank card.

6.5.3 At the point of purchase Klarna will freeze the first of the three [3] instalments on the card used. This means the Customer will not be able to spend this money on anything else. Once Klarna has received confirmation that the Product has been shipped, the first of the three [3] payments will be taken from the card automatically using the frozen amount. If the Product is not shipped, Klarna will unfreeze the money. The second payment will be taken thirty [30] days after the first payment, and the last one will be taken sixty [60] days after the first payment.

6.5.4 If the Customer’s bank card is cancelled, the Customer will still have to pay Klarna any money owed. If the card details change between the purchase and the final payment, the Customer must tell Klarna the new details (this can be done online).

6.5.5 If the Customer cancels the order, the Customer must inform Klarna and pause billing by choosing that order in the Klarna App and click “Report a problem”. Once Designer Exchange has confirmed the cancellation, Klarna will update the payments accordingly as well as refund any amounts due. Refund processing times may vary and can take up to fourteen [14] days.

6.5.6 Refunds for ‘Pay in 3’ are processed depending on the status of the payment schedule, how much has been paid and if Designer Exchange has processed a full or partial refund. If the Customer is due a full refund, Klarna will cancel any remaining payments and refund anything already paid to the bank card. If the Customer is due a partial refund, Klarna will deduct the amount from the outstanding balance first. Klarna will then refund the difference to the card. If the partial refund is less than the remaining balance, Klarna will deduct the amount from the outstanding balance. Klarna will then spread the remaining balance evenly over the remaining payments.

6.5.7 If Klarna cannot take the first instalment from the card, Klarna will let the Customer know, and try up to two [2] times again to take the money. If Klarna cannot take the money after two attempts, Klarna will roll the missed payment over to the second instalment. If Klarna cannot take the second instalment, Klarna will attempt two [2] more times. Then Klarna will roll it over to the next and final instalment. If Klarna still cannot take the payment, Klarna will try again twice more. If Klarna is still not successful, Klarna might ask the Customer to pay the outstanding amount directly or use a debt collection agency to collect the money. Not paying might also mean the Customer cannot use Klarna in the future.

6.6 Pay Later

6.6.1 With ‘Pay Later’, the Customer can pay for something up to thirty [30] days from the shipment of the Product. Klarna accepts most cards except prepaid cards and may not also accept a card that’s due to expire in the near future. There will not be any interest, fees or charges for using a debit or credit card from Klarna or Designer Exchange.

6.6.2 If the Customer would like to pay off the balance before the thirty [30] days is up, the Customer can make a payment early through the Klarna App.

6.6.3 Klarna ‘Buyer Protection’ which means, for example, that the Customer does not have to pay for the Product until the Customer has received them. Klarna will assist the Customer with any issues related to the purchase. For more information and instructions please see here.

6.6.4 If the Customer cancels the order, Klarna will cancel the outstanding payment that’s due. If the Customer wants to return part of the order, the Customer will only have to pay for the Products the Customer wants to keep.

7. RETURNS POLICY

7.1 When purchasing in-store, the Customer is entitled to return an unwanted item within forty-eight [48] hours of sale for a full priced refund to a Designer Exchange voucher. In some cases, Designer Exchange may offer a full refund, back to the way paid, within twenty-eight [28] days of purchase.

7.2 When purchasing online, including Click & Collect orders, the Customer is entitled to return an unwanted item for a full refund back to the original method of payment. the Customer must notify Designer Exchange of their intention to return with fourteen [14] days of delivery, the Customer then has a further fourteen [14] days to return the order.

7.3 Designer Exchange will only accept returned Products that are accompanied by both a valid proof of purchase for the Products and containing all that was sold with the original Product - excluding postage packaging.

7.4 All returned Products are subject to a re-authentication test. Designer Exchange does not accept the following as a guarantee of lack of authenticity of the Product:

• certificates from third-party authentication sites, persons or groups.
• general opinions or information from third-party authentication sites, persons or groups.
• comparisons to items listed for sale on the internet.
• a competitor’s choice to not buy the Product.

7.5 UK orders should only be returned to the UK and to the store as indicated by the up-to-date FAQ section. Designer Exchange shall not be liable for any losses or expenses suffered if a Customer returns an item to the wrong location, whether by post or in person.

8. DELIVERY

8.1 Delivery is deemed to take place when Designer Exchange or a courier hands over the Product to the Customer.

8.2 Designer Exchange is only able to deliver orders to the billing address on the debit / credit card used for the transaction or to the registered address of the PayPal account used for the transaction.

8.3 Designer Exchange is not liable for any missed delivery due to an incorrect or incomplete address entered by the Customer.

8.4 Late delivery of Products does not entitle the Customer to reject the Products or cancel the order.

8.5 Delivery times given are estimates only and the Customer is not entitled to a refund on delivery costs should an order take longer to be delivered than estimated.

8.6 Delivery charges are subject to change at any notice.

8.7 All additional customs or duties will be payable by the Customer.

9. PRODUCT WARRANTY

9.1 Designer Exchange offers a twelve [12] months warranty on all items covering authenticity only.

9.2 All Products sent to Designer Exchange for refund or return under warranty are made pursuant to a shipment contract. Prior to Designer Exchange receiving such Products the risk of loss and title for such Products remains with the Customer.

9.3 This warranty does not cover physical damage, damage or failures which result from general wear and tear, weather damage, dye transfer, accident, misuse, abuse, neglect, mishandling, misapplication, improper maintenance, and alterations, repair or dry cleaning by anyone other than Designer Exchange or an agent approved by Designer Exchange.

9.4 As per the Consumer Rights Act 2015, Products purchased in-store or online, which are faulty, will be refunded in full within thirty [30] days of delivery or collection. Faulty items can be described as not of satisfactory quality or not fit for purpose. This does not include accidental damage, normal pre-owned wear, wear through usage or wear or damage not noted within the fourteen [14] days.

9.5 After thirty [30] days from delivery or collection Designer Exchange reserves the right to refuse any refund request unless the product is deemed inauthentic by Designer Exchange.

10. SELLING TO DESIGNER EXCHANGE

10.1 Booking In Process & Quotes

10.1.1 Appointments may be limited. Please see the HELP CENTRE for the current limitations.

10.1.2 Any quotes provided in person, by email or over the phone are not final offers or purchases and may be changed or removed for any reason at any time by Designer Exchange.

10.1.3 Designer Exchange reserves the right to not offer a quote on any item or to any Customer for any reason.

10.1.4 A pre-paid label may be offered if the Customer is sending the Product from mainland UK. This is not a guarantee that the Product will be purchased.

10.1.5 By accepting and / or using the label, the Customer is agreeing that Designer Exchange is treating the quote as 'Accepted'.

10.1.6 The value Designer Exchange offers for Products may be adjusted upon receipt depending on their condition, their quantity or the commercial needs of the business.

10.1.7 Once an online preliminary quote has been issued, the Customer has an obligation to dispatch the Products to sell to Designer Exchange in a timely manner. After thirty [30] days a new quote will need to be submitted.

10.2 Authentication & Valuation Testing

10.2.1 All Products sent via post to Designer Exchange are made pursuant to a shipment contract. Prior to Designer Exchange receiving such Products the risk of loss and title for such Products remains with the Customer.

10.2.2 Customers must ensure that all parts of the order are given to Designer Exchange at the same time. Should Designer Exchange receive only part of the order, Designer Exchange may not be able to complete the transaction or will only process the Products that Designer Exchange has received. Designer Exchange will not take responsibility for incomplete orders.

10.2.3 While Designer Exchange will make every effort to look after Products left by Customers for authentication and valuation testing, they are left at the Customer’s own risk.

10.2.4 Designer Exchange reserves the right to send photographs of customer’s Products to a third party company for a second opinion.

10.2.5 Designer Exchange reserves the right to transfer the Customer’s Products internally from one Designer Exchange location to another for the purposes of authentication.

10.2.6 Once the Customer accepts the quote, Designer Exchange will proceed with steps to process the order without further communication unless, after physical inspection, the Product is given a lower price. If that happens, the Customer will be emailed and given a chance to accept the new price or have the Product sent back to their registered address.

10.3 Purchasing & Processing

10.3.1 By submitting an item for sale at Designer Exchange, Customers guarantee that the item is free from finance or theft, and is guaranteed authentic. In case the Product is later found out to be stolen, or encumbered and/or fake, Designer Exchange reserves the right to pursue legal remedy (both civil and criminal) against the Customer.

10.3.2 Once an in-store or online final quote has been issued, the Customer must respond within fourteen [14] days or the Products will be treated as Abandoned Products.

10.3.3 Designer Exchange issues payment on the basis of details provided by the Customer and shall not be liable for payment made to the wrong account or to a non-existent account due to incorrect details.

10.3.4 Estimated or marketed purchase times such as the payment message timeframe are guidelines only, do not include weekends / bank holidays and subject to change at any time and for any reason.

10.3.5 Estimated or marketed purchase times such as the estimated time of payment message do not include any time waiting on a Customer's response. Some Products also may take longer to process due to additional authentication processes and orders with over three [3] items will take longer than projected.

10.3.6 Once the final quote has been accepted then the transaction will be processed and this will be final. It cannot be unprocessed at the request of the Customer.

10.3.7 Designer Exchange reserves the right to refuse to purchase any Product for any issues relating to stock management, price, authenticity or the financial situation of the company.

10.3.8 Title of the Products and ownership shall pass to Designer Exchange once the purchase has been made and the payment method raised.

10.4 Failed, Rejected & Abandoned Products

10.4.1 Rejected Products are potential purchase orders that have not been completed by either Designer Exchange refusing to purchase or the Customer rejecting the final quote.

10.4.2 After the final quotation, Customer’s Products are held for fourteen [14] days. After fourteen [14] days they are classed as Abandoned Products and Designer Exchange will, subject to authenticity, either dispose of them at the Customer's expense, adjust onto stock for general sale or post back to the Customer.

10.4.3 Designer Exchange does not guarantee to ship, post or deliver abandoned or rejected Products. The Customer may need to collect the items or can arrange for a courier to pick them up at their own expense.

10.4.4 Abandoned or rejected Products can only be given to the original Customer.

10.4.5 Designer Exchange reserves the right, in extreme situations, to post rejected or Abandoned items back to the Customer’s registered address on their membership. Designer Exchange is not liable should the address be incorrect or it is lost in transit.

11. INCLUSIVITY

11.1 Designer Exchange is an equal opportunities employer and welcomes Customers and staff from all walks of life.

11.2 No job applicant, employee or Customer receives less favourable treatment in recruitment, promotion or development on the grounds of their race, nationality, sex, sexual orientation, marital status, disability, class, age, political beliefs, religious beliefs or for being a member - or not - of a trade union.

11.3 The Designer Exchange Inclusivity Declaration can be read and understood here.

12. SUSTAINABILITY

12.1 Designer Exchange is committed to operating the business as sustainably as possible.

12.2 The Designer Exchange Sustainability Policy can be read and understood here.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 All content included on the Designer Exchange website or displayed in-store, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Designer Exchange or its content suppliers and protected by UK and international copyright laws.

13.2 Designer Exchange and other marks indicated on Designer Exchange’s website and/or store are registered trademarks of Designer Exchange, or its subsidiaries, in the UK and other countries.

13.3 Designer Exchange and other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Designer Exchange or its subsidiaries.

14. EXPORT LIMITATION

14.1 Certain Products sold by Designer Exchange may have been purchased from outside the United Kingdom under certain agreements that restrict or forbid subsequent re-exportation from the United Kingdom. the Customer should not export any Product sold by Designer Exchange without first obtaining all appropriate approval from the relevant authorities.

14.2 If Designer Exchange is unable to post exotic goods internationally, we will cancel the orders that are placed. This includes, but isn't limited to, products containing or made from snakeskin, python, ostrich, alligator, crocodile, lizard species, peccaries, elephants and many other species.

15. LIMITATION OF LIABILITY

15.1 While Designer Exchange will use reasonable endeavours to verify the accuracy of any information on the website or displayed in the store, Designer Exchange makes no warranties, whether express or implied in relation to its accuracy.

15.2 Designer Exchange will not be liable, in contract, tort for:

• Any economic losses.
• Any loss of goodwill or reputation.
• Any special or indirect losses suffered by the User as per the Terms of Use.

15.3 Designer Exchange’s liability whether in contract, tort or otherwise in respect of any defect in the Products or for any breach of the Terms of Use or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Products in question.

16. SEVERANCE

16.1 If any part of the Terms of Use shall be deemed unlawful, voidable or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

17. INDEMNITY

17.1 All Users and Customers agree to indemnify Designer Exchange fully from any third party claims arising out of their negligence.

18. NOTICE

18.1 Any notice given under or pursuant to these Terms of Use may be sent by hand or by post or by registered post or by recorded delivery. It would first be received by the addressee in normal business hours.

18.2 Designer Exchange can be contacted by emailing [email protected]

18.3 The head office address is as below. Please note that this location is not able to receive unwanted purchases, process orders or has Designer Exchange staff on site daily. Designer Exchange LTD Unit A , Greycaines House 21 Greycaine Road Watford WD24 7GP

18.4 The registered company name and address is as below. Please note that this location is not able to receive unwanted purchases, process orders or has Designer Exchange staff on site daily. Designer Exchange LTD Sterling House Fulbourne Road London E17 4EE

18.5 The Company registration number is 08643207.

19. APPLICABLE LAW AND DISPUTE RESOLUTION

19.1 While transacting with Designer Exchange, all users agree to be bound by the laws of England, Wales, Scotland and Northern Ireland.

20. DATA PROTECTION

20.1 Designer Exchange considers Customers’ and users’ privacy paramount. By placing an order on the website, or using a service in a Designer Exchange store, the Customers consent to the collection, use and transfer of their personal data under the terms of the Privacy Policy.

20.2 The Designer Exchange Privacy Policy can be read and understood here.

21. FORCE MAJEURE

21.1 Designer Exchange shall not be liable for any default due to any Act of God, war, strike, lockout, pandemic, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of Designer Exchange.

22. DESIGNER EXCHANGE RIGHTS

22.1 Designer Exchange reserves the right to Change the Terms of Use from time to time, and users’ continued use of the website (or any part thereof) following such change shall be deemed to be an acceptance of such change.

22.2 Upon changes to the Terms and Conditions, Users will be prompted to accept or reject these updated terms. If users do not agree to any change to the conditions then they must immediately stop using the website.

23. THIRD PARTY LINKS

23.1 Designer Exchange shall not be responsible for the contents of any third parties, provided to users or Customers by a link on the website or otherwise.

24. COOKIES AND OTHER TECHNOLOGIES

24.1 Designer Exchange uses cookies to understand Customers’ use of the Designer Exchange Services; improve their user experience and enable personalised features and content; optimise the advertisements and marketing; and to enable third-party advertising companies to assist Designer Exchange in serving ads specific to their interests.

24.2 The Designer Exchange Cookie Policy can be read and understood here.