TERMS & CONDITIONS


Welcome to the designerexchange.com website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.

Before you place an order, if you have any questions relating to these terms and conditions please contact us through the link on the website.

DEFINITIONS
  • "Conditions" means these terms and conditions.
  • "Product" means a product displayed for sale on the website.
  • "Product Description" means that part of the website where certain terms and conditions in respect of the individual product are provided.
  • "Special Conditions" means the terms and conditions in the product description.
  • "Users" means the users of the website collectively.
  • "Personal Information" means the details provided by you on registration;
  • "We/us" means Designer Exchange.
  • "Website" means the website located at www.designerexchange.com or any subsequent URL which may replace it.
  • "Cookies" means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer.
  • "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands.
  • "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 www.designerexchange.com which compensates the affiliate for transactions resulting from business directed to the www.designerexchange.com website by the affiliate.
  • "You" means a user of this website.
Use of the website
ACCESS

You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.

REGISTRATION

You warrant that:

  • The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
  • You will notify us immediately of any changes to the personal information by contacting us.
  • You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
INDEMNITY

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.

OUR RIGHTS

We reserve the right to:

  • Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
  • Change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
THIRD PARTY LINKS

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for

  • 1. The privacy practices of such websites
  • 2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
  • 3. The use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Designer Exchange Customer Privacy Policy

Designer Exchange's Customer Privacy Policy covers the collection, use, and disclosure of personal information that may be collected by members of the Designer Exchange Group any time you interact with Designer Exchange, such as when you visit our website, when you buy, sell, exchange or refund with Designer Exchange online or in a Designer Exchange store or when you email customer services. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at Designer Exchange, and we go to great lengths to protect it.

Why Designer Exchange collect personal information

We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest announcements, updates, special offers, and events that you might like to hear about. If you do not want Designer Exchange to keep you up to date with Designer Exchange news, updates and the latest information on products and services please contact us.

What information Designer Exchange collects and how we may use it

There are a number of situations in which your personal information may help us give you better products.

For example:

We may ask for your personal information when you're participating in an online survey, entering a competition, registering your store membership or online account, selling goods to Designer Exchange or purchasing a product. When you interact with Designer Exchange, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about the products you purchase or sell, such as their serial numbers and date of purchase; and information relating to a support or service issue.

We also collect information for market research purposes - such as if you wish to receive updates from Designer Exchange - to gain a better understanding of our customers and thus provide more valuable service. We collect information regarding customer activities on our website. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to them.

We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve Designer Exchange.

Your Designer Exchange online information

You create a personal profile - providing your name and email address, and in some cases your phone number, mailing address or a credit card number. The next time you interact with the Designer Exchange website, all you need to do is enter your Designer Exchange email address and password; the system looks up the information it needs to assist you.

When Designer Exchange disclose your information

Designer Exchange takes your privacy very seriously. Designer Exchange does not sell or rent your contact information to other marketers.

Within the Designer Exchange Group

To help us provide superior service, Designer Exchange may share personal information within the Designer Exchange Group. The Designer Exchange Group includes Designer Exchange, our franchisees, our subsidiaries and our affiliates who will take steps to safeguard it in accordance with Designer Exchange privacy policy.

With our service providers, vendors, and strategic partners

There are also times when it may be advantageous for Designer Exchange to make certain personal information about you available to companies that Designer Exchange has a strategic relationship with or that perform work for Designer Exchange to provide products and services to you on our behalf. These companies may help us process information, extend credit, fullfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Designer Exchange's policies, except if we inform you otherwise at the time of collection. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the Designer Exchange website.

At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

How Designer Exchange protects your personal information

Designer Exchange takes precautions - including administrative, technical, and physical measures - to safeguard your personal information against loss, theft, and misuse, as well as unauthorised access, disclosure, alteration, and destruction.

The Designer Exchange website uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. Doing so protects the confidentiality of your personal and credit card information while it's transmitted over the Internet.

You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a web browser that is up to date with all security patches.

Integrity of your personal information

Designer Exchange has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. Naturally, you always have the right to access and correct the personal information you have provided. You can help us ensure that your contact information and preferences are accurate, complete, and up to date by checking the My Account section of the Designer Exchange website. You can request a copy of your personal information by contacting us.

Data Protection Act 1998

Designer Exchange holds all personal information in compliance with the Data Protection Act 1998.

Cookies and other technologies

As is standard practice on many corporate websites, Designer Exchange's website uses "cookies" and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us.

We use cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time. Please note that certain features of the Designer Exchange website will not be available once cookies are disabled. You do not need to enable cookies to browse the site.

As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site, and to gather demographic information about our user base as a whole. Designer Exchange will not use the information collected to market directly to that person.

In some of our email messages we use a "click-through URL" linked to content on the Designer Exchange website. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

In addition we use pixel tags - tiny graphic images - to tell us what parts of our website customers have visited or to measure the effectiveness of searches customers perform on our site.

Pixel tags also enable us to send email messages in a format customers can read. And they tell us whether emails have been opened to ensure that we're sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer.

Our companywide commitment to your privacy

As we said, Designer Exchange takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to Designer Exchange employees and strictly enforce privacy safeguards within the company.

External links

Designer Exchange's website has links to the sites of other companies. Designer Exchange is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

Privacy questions

If you have questions or concerns about Designer Exchange's Customer Privacy Policy or data processing, please contact us. We will aim to respond within 30days.

If you do not want Designer Exchange to keep you up to date with Designer Exchange news, offers and services visit the My Account section of the Designer Exchange website and update your personal contact information and preferences.

If you have a store membership you may change your preferences in any UK store or by emailing your membership number (found on your Designer Exchange membership card) and your name and address to our email address. Naturally, if you notify us that you do not want us to use your information for a particular purpose, we will not do so.

Designer Exchange may update its privacy policy from time to time. When we change the policy it will be posted on our website along with the updated privacy policy.

Buying & Selling Of Products
Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

Buying from Designer Exchange and selling to Designer Exchange are separate transactions; purchases cannot be made on designerexchange.com based on the expected sale of a product.

Contract cancellation

Once your order has been placed, you have until your order is dispatched to request for it to be cancelled.

In order to request an order cancellation, please contact our Customer Services team detailing your request, along with your order number. If your order has already been dispatched, please follow the below 'Unwanted Items' procedure.

Unwanted Items

If you have an unwanted item or order, please contact our Customer Services department within fourteen days of receiving said items, detailing your order number and the item(s) you will be returning.

Outside of fourteen [14] days, Designer Exchange reserves the right to refuse any refund or exchange requested for items which are not faulty.

Description of products

All products are pre-owned (second hand) unless stated.

Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

Please note, however, that all product descriptions and images are for display purposes only and do not represent the finished product. Additional elements such as extra straps or a dust bag are subject to availability.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

Images

Images are for illustration only. Actual item design may vary slightly from image or have unseen marks.

Payments

To buy any product from designerexchange.com you must make payment using a valid UK credit or debit card, PayPal account or Designer Exchange voucher.

Selling to Designer Exchange

Designer Exchange and their associates reserve the right to refuse to purchase any items at their sole discretion. Designer Exchange and their associates reserve the right to limit the number of purchases that are honoured to any customer at their sole discretion.

Please ensure that you are the legal owner of the goods you wish to sell, as ownership will be transferred to Designer Exchange upon receipt of order.

Your obligation is to dispatch goods you are selling to Designer Exchange in a timely manner.

All items bought by designerexchange.com are made pursuant to a shipment contract. Prior to designerexchange.com receiving such items, the risk of loss and title for such items remains with you until designerexchange.com receives such items. This means that the risk of loss and title for such items passes to us upon delivery from the carrier.


You must ensure that all parts of your order are sent at the same time. Should we receive only part of your order, we will cancel items that have not been received, and process the items we have received. Designer Exchange will not take responsibility for incomplete orders.

Designer Exchange issues payment to the details the customer provides to us, and as such cannot be held responsible should your payment not reach the customer due to being supplied with incorrect details. Please note, the value we offer for your items may be reduced upon receipt depending on their condition or quantity.

Your goods must be received by Designer Exchange at the designated location within ten [10] working days of your order being placed. Quoted prices may vary or orders may be cancelled if goods are not received within this period. Please note that prices quoted on our website are subject to change without notice.

Donations

If you opt to make a part donation of the value of the item(s) you are selling and the item(s) are regraded down in value, the value of your donation will be reduced accordingly. If the value of your item(s) is reduced by more than your the value of your donation, then no donation will be paid, but any balance will be paid to you.

If the value of your item(s) is greater than originally valued, then the value paid to you will increase. If you have selected the total value of item(s) to go to charity then the total value to charity will increase accordingly.

Failed Items

Any item that fails our testing procedures will be returned (if requested) by Royal Mail Recorded Delivery. Once sent, a tracking number can be supplied on request. Designer Exchange will not take responsibility for lost or damaged goods among failed items.

Product Warranty

Designer Exchange offers a twelve [12] month warranty on all items except consumables. The Designer Exchange twelve [12] month warranty does not cover physical damage, water damage, or any damage caused by unlocking a mobile phone, and only covers software faults arising in the course of normal use.

After 28 days from the point of receipt, defective merchandise will be fully tested to verify the fault. Should an item not be found to be defective it will be dispatched back to you, however should an item be found to be defective we will first seek to repair the item; if no repair can be made, we will seek a replacement item. If no replacement can be issued, a refund will be given to the current sale value. Repairs can take up to 28 working days.

All items sent to Designer Exchange for refund or return under warranty are made pursuant to a shipment contract. Prior to Designer Exchange receiving such items the risk of loss and title for such items remains with the customer. This means that the risk of loss and title for such items passes to us upon delivery from the carrier. As such, Designer Exchange recommends that when sending items for return or refund you use an insured and/or traceable method of transit, such as Royal Mail Special Delivery or Recorded Delivery.

Electronic Communications

When you visit designerexchange.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of designerexchange.com or its content suppliers and protected by UK and international copyright laws. The compilation of all content on this site is the exclusive property of designerexchange.com and protected by UK. and international copyright laws. All software used on this site is the property of designerexchange.com or its software suppliers and protected by UK and international copyright laws.

Trademarks

designerexchange.com; Designer Exchange; and other marks indicated on our site are registered trademarks of designerexchange.com, Inc. or its subsidiaries, in the UK and other countries. designerexchange.com; Designer Exchange; and other designerexchange.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of designerexchange.com, Inc. or its subsidiaries. designerexchange.com's trademarks and associated images may not be used in connection with any product or service that is not designerexchange.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits designerexchange.com. All other trademarks not owned by designerexchange.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by designerexchange.com or its subsidiaries.

License and Site Access

designerexchange.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of designerexchange.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of designerexchange.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of designerexchange.com and our affiliates without express written content. You may not use any meta tags or any other "hidden text" utilizing designerexchange.com's name or trademarks without the express written consent of designerexchange.com. Any unauthorized use terminates the permission or license granted by designerexchange.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of designerexchange.com so long as the link does not portray designerexchange.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any designerexchange.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. designerexchange.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 16, you may use designerexchange.com only with involvement of a parent or guardian. designerexchange.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post comments, and other content and communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. designerexchange.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant designerexchange.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant designerexchange.com and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify designerexchange.com or its affiliates for all claims resulting from content you supply. designerexchange.com has the right but not the obligation to monitor and edit or remove any activity or content. designerexchange.com takes no responsibility and assumes no liability for any content posted by you or any third party.

General

Intellectual property and right to use:

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
  • Any loss of goodwill or reputation
  • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.

Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

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

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Designer Exchange and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

Applicable Law

By visiting designerexchange.com, you agree that the laws of the England and Wales, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and designerexchange.com or its affiliates.

Contact

The registered company name and address are:

Designer Exchange
11 Northburgh Street
London
EC1V 0AH

Company registration number: 8643207