Terms & Conditions
To Style A Mockingbird is a trading name of MOCKBIRD LTD, a company registered in England and Wales under registration number 9640951. Our registered address is: Ground Floor, 2 Woodberry Grove, London, N12 0DR, England
We may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our Site. We will give you reasonable advance notice ("Notice") of amendments to these Terms and Conditions. Any amended Terms and Conditions will govern new member registrations from the date that they are posted on our Site. Existing members will be bound by the amended Terms and Conditions after the expiry of 30 days following the date of a Notice. If you do not agree to the amended Terms and Conditions, you may request the closure of your account. No other amendment to these Terms and Conditions will be effective. Therefore, please review these Terms and Conditions and any amended Terms before using our Site.
Before using the services available on our Site, you will need to complete our registration form. All information provided by you must be true and complete. You are responsible for all actions taken under your account ID and password and you shall only use our Site with your own account ID and password. You shall not transfer or sell your account ID to any other person.
To Style A Mockingbird is a medium where members can offer, bid, buy and sell fashion merchandise. To Style A Mockingbird does not own any of the merchandise offered and sold on the Site.
Making a Purchase
By purchasing an item, the member implicitly states their ability and intention to pay for the item. If you have a question in relation to an item being sold, you should ask To Style A Mockingbird before purchasing the item.
If you decide to buy an item, you will enter into a legally binding contract. We request that all items are promptly paid for. If you foresee a problem in making promptly, kindly contact To Style A Mockingbird.
Please be aware that any import charges are the buyer's responsibility.
If you wish to make payment by bank transfer, please ensure to select to pay all bank charges on your payment. If all bank charges are not paid, a payment request will be sent by accounts to request the full payment of bank charges.
With regards to returns and refunds, please refer to our Returns Policy. Your agreement of these Terms and Conditions entitles us to assume you have read the Returns Policy.
Due to the high demand and interest in celebrity items, these items will be sold on a auction basis.
By placing a bid you implicitly states you ability and intention to pay for the item if your bid has been successful. If you have a question in relation to an item, you should contact admin before placing a bid on the item.
If your bid is the highest in an auction you will enter into a legally binding contract. You cannot place a bid lower than the latest bid. If you decide to bid on an item, you can be outbid by other members. You may also use the auto-bid system by entering your highest bid and let the site bid for you.
If you enter a Maximum bid value the following rules will apply:
- If someone then bids against you, provided your maximum bid is equal to or above the bid they place, you will automatically outbid them by up to 1 unit of the item's currency ($, €, £).
- If you place a maximum bid which is higher than someone else's, your bid will be up to 1 unit of the item's currency ($, €, £) over their maximum bid.
- If you place a maximum bid which is less than someone else's, their bid will raise to be up to 1 unit of the item's currency ($, €, £) above yours.
- If you are outbid you will receive an automatic notification via email.
If, when the auction ends, yours is the highest bid, the item will go straight into your account ready for payment. Upon winning an auction, an item must be paid for promptly.
To Style A Mockingbird may disclose your information, under strict terms of confidentiality and restriction of use, to partners of To Style A Mockingbird who supply services on behalf of To Style A Mockingbird and who need to process personal data in the provision of such services. By using our Site you are consenting to the disclosure of your personal information to To Style A Mockingbird partners. To Style A Mockingbird will not disclose any of your personal information to any other third parties without your express consent.
However, under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of our Site and safeguard the interests of our subscribers, we will comply with any such legally binding request.
As a seller on To Style A Mockingbird, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, solicitation of offers to purchase, and sale of items.
You are also responsible for paying all fees associated with using our service and our website and all applicable taxes.
Distance Selling Regulations
The European Communities (Protection of Consumers in respect of Contracts made by means of Distance Communication) Regulations, 2001 apply to sales to consumers made by sellers acting in the course of a business which have been concluded at a distance. In other words, where there is no face to face contact between the seller and the consumer. This would usually cover sales made over the internet, for example, via To Style A Mockingbird Business sellers need to comply with a certain number of obligations such as:
- Providing clear information about themselves and their items (this information could be contained in your listing or on your page)
- Providing consumers with a period of seven working days in which the consumer can cancel the contract (often referred to as the "cooling off" period).
- To get a general idea of the laws governing distance sales, we recommend that you review the summary of the Regulations which are available at http://www.citizensinformation.ie/categories and/or the European Consumer Centre's website. Please note that, although the guidance states that the Regulations do not apply to sales at internet auctions, this refers to traditional auctions carried out via the internet and not sales made via hardlyeverwornit.com auction-style selling format.
In addition to the Distance Selling Regulations, which apply to businesses selling to consumers, there are further rules in the European Communities (Directive 2000/31/EC) Regulations 2003 ("Electronic Commerce Regulations") which apply regardless of whether the buyer is a consumer or another trader. In addition to providing the required information under the Distance Selling Regulations (where applicable) the seller must also provide other information such as:
- The name, geographic address and email address of the seller's business;
- Details of any relevant trade registers on which the seller is registered;
- Details of any authorization scheme relevant to the seller's online business; and
- The seller's VAT number, if the online activities are subject to VAT.
Other Trading and Consumer Protection Laws
Trade descriptions and fair trading laws will also apply to you when selling on HTo Style A Mockingbird as a business. For example, the Consumer Information Act 1978 makes it an offence to:
- Apply a false or misleading description to any items; or
- Supply or offer to supply any items to which a false or misleading description is applied.
For further information, please visit the ODCA's guide of Consumer Information Act. In addition if you are a business selling to consumers you should be aware of consumer's legal rights, and further information can be obtained at the ODCA's website.
Sale of Goods and Supply of Services Act
The Supply of Goods and Services Act 1982 and the Sale of Goods Act 1979 are some of the most important laws to be aware of when selling goods on To Style A Mockingbird in the course of a business. You are responsible for ensuring that any goods you sell on To Style A Mockingbird:
- Correspond with the description you have given in the item listing;
- Are of merchantable quality; and
- Are fit for their purpose.
Goods are of merchantable quality if they are as fit for the purpose(s) which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all other relevant circumstances. Indications of quality include fitness for purpose, freedom from defects, appearance and finish, durability and safety. It is the seller, not the manufacturer, who is responsible for the goods. This is a complicated law and for more information on your responsibilities we recommend that you look at the ODCA website:- http://www.consumerconnect.ie/eng/Learning_Zone/Guides_To_Consumer_Law/Buying_Online
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
If any part of the terms of this agreement is unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other parts of this agreement will not be affected.
To Style A Mockingbird will not be in breach of this agreement or otherwise liable for any delay in performance to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, Act(s) of God, war, embargo, strike(s), lock-out(s) and other industrial dispute(s), breakdown of systems or network access, flood, fire(s), explosion or accident.
Governing Law and Jurisdiction
These Terms and Conditions are governed by and constructed in accordance with the laws of England and Wales and any disputes are to be resolved by the courts of England and Wales.
Except as otherwise stated, any notices that you wish to send to To Style A Mockingbird should be made via email or registered mail. Any notices that we may wish to draw to your attention will be displayed on the Site or will be sent to the email address registered under your account.
Availability of Site
While we use all reasonable endeavours to make our services and website available, we cannot guarantee that they will operate continuously or without interruptions.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or your violation of any laws or the rights of a third party.
Limitation of the Liability
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury, dishonesty, fraudulent misrepresentation or the statutory rights of consumers that cannot be waived or limited by contract or otherwise to the extent permitted by law.
However, To Style A Mockingbird (its officers, directors, agents and employees) will not be liable for any lost profits, revenue, any special, indirect or consequential damages (however arising, including negligence) resulting from or in connection with this agreement or the use of the Site.
To Style A Mockingbird, excludes all warranties, terms, undertakings and representations of any kind, expressed or implied, statutory or otherwise, in connection with the services and the Site to the fullest extent permitted by the law.
Non-observance of the Terms and Conditions
Failure to act in accordance with this agreement may lead to the restriction, suspension or termination of your account without refund of any fees paid and without liability for any loss or damage you may claim as a result of our actions.
Personal Information and Privacy
Personal information is any information that a member provides to, To Style A Mockingbird and other members of the Site. This includes your membership details, feedback, messages, listings and bids. Members must ensure that the information they provide is honest, accurate and fully compliant with all laws, including the intellectual property rights of others. Such information shall not contain any viruses or other malicious computer programming routines and shall not link to any other website.
All members must act fairly and correctly. This means that members may not take any actions that amount to interference, interruption or manipulation of the To Style A Mockingbird website or auction system. Prohibited actions include, but are not limited to, encouraging another member to conclude a transaction outside of the Site forum, or making bids/purchases using a false Member ID.
Technical Errors or Issues beyond Our Control
We reserve the right to cancel any sales due to technical errors on the site and/or listings. Please contact us if you have any queries regarding this.
There is NO CHARGE for listing and auto-relisting an item.
Withdrawing a Bid
If you need to withdraw a bid, please contact us immediately with a valid reason for withdrawal. We ask that members be respectful of one another regarding bids/cancellations/and returns.
If there are bids in the last minute of an auction then the auction end time is extended by 1 minute. This is to avoid last minute bidders winning items when there is a lot of interest in the item, as experienced in live auction houses.