SELLER TERMS & CONDITIONS

INTRODUCTION

These Terms and Conditions (“Seller Terms”) are the terms and conditions that apply to the relationship between sellers or potential sellers of Items and other goods through LITTLECIRCLE and its Website (specifically on the RECIRCLE page). They should be read in conjunction with our Website Terms of Use and our Privacy Policy, which also apply to the relationship between you and LITTLECIRCLE.

By completing a Seller Form, you agree to be bound by these Seller Terms to the exclusion of any other terms and conditions.

You are advised to read the Seller Terms carefully before transacting through LITTLECIRCLE and to check them frequently, as we may modify, amend or update the Seller Terms from time to time by updating this page. Any changes made after you have placed an item with us for sale will not affect that transaction, unless we have been required to make the change by law.

DEFINITIONS

In these Buyer Terms, the following definitions shall apply:
"Agreement" means any contract entered into between a Buyer and LITTLECIRCLE;
“Buyer” (“you” and “your”) means the buyer of an Item that is sold through the Website;
“Buyer Terms” means these Buyer Terms and Conditions;
“LITTLECIRCLE” is a trading name of POLOHILL LIMITED, a limited company registered in England & Wales (with registration number 9329762). Our VAT number is 203292445;
“Item” means any garment or other item offered for sale, or to be offered for sale, or sold by LITTLECIRCLE or via the Website;
“Price” means the price at which an Item is listed on the Website;
“Seller” means the person on whose behalf we are selling an Item;
"Website" means our website hosted at www.littlecircle.co.uk and all the pages, content and sub-domains contained in it.

ELIGIBILITY TO SELL

In order to sell Items through the Website, you will be required to provide your personal details. In particular, you must provide your name, phone number, e-mail address, return delivery address and other requested information as required. This Website is available only to customers who meet the LITTLECIRCLE terms of eligibility. We reserve the right to act as agent only to Sellers over 18.

By completing a Selling Form, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we may use your data.

OFFERING ITEMS FOR SALE

By completing a Selling Form you are requesting that we sell the relevant Item(s) on your behalf.

In marketing and/or selling any Item through the Website we are acting solely in our capacity as your agent.

Within 5 working days of you submitting a Selling Form and of us receiving the relevant Item(s), we will emdeavour to contact you by email to confirm:
− whether or not we are willing to accept the Item for sale; and
− if we are willing to sell the Item, the “Proposed Price” of the Item.

If we do not receive any objection from you in relation to the Proposed Price set out in the email within 48 hours by email to info@littlecircle.co.uk, you shall be deemed to agree to the Proposed Price (this agreed price to be referred to as the “Marketing Price”).

The Proposed Price is a provisional estimated selling price only, which shall be determined with reference to all relevant factors including, without limitation, the original retail price of the Item, the age, style, season and condition of the Item and other relevant market factors.

We may, at our absolute discretion, refuse to accept any Item for sale.

COLLECTION / DELIVERY OF ITEMS

Once you have completed a Selling Form:
− If you have made a recent purchase from LITTLECIRCLE, you may use the Returns Bag provided to send your Items to us for sale;
− You may post the Item to us via Royal Mail to the following address: LITTLECIRCLE, PO Box 7202, London NW6 9SQ. This shall be at your cost; or
−If you prefer to use a different courier service, please contact us at info@littlecirlce.co.uk before sending the Item back, so that we can provide you with an alternative mailing address. Again, this shall be at your cost; or
-If requested, we can provide you with details of our relevant courier service, with whom you can arrange for collection of the item(s) from a UK or European mailing address. This shall be at your cost.

Whether sent via Royal Mail or by courier, it is your responsibility to ensure that the Item is carefully and securely packaged so that it reaches us in good condition, and you shall ensure that any reference number provided by us in relation to the Item is clearly marked on the outside of the parcel.

Risk in Items passes to LITTLECIRCLE upon receipt by us at LITTLECIRCLE offices. If you require Items sent by post to be insured against loss, damage or delay during transit, then it is your responsibility to arrange and pay for such insurance. When posting the item to us we strongly recommend you obtain proof of postage.

An Agreement between you and us for LITTLECIRCLE to sell a particular Item on your behalf as your agent comes into existence at the moment that we are in receipt of that Item and the Marketing Price for that Item has been agreed. Such Agreement shall be governed by these Seller Terms to the exclusion of all other terms, conditions and representations, whether written or oral.

By sending an Item to us you are confirming that:
− either (a) you are the rightful owner of the relevant Item and you have full authority to sell the Item without anyone else’s permission;
or (b) that you have obtained any necessary permission to sell the Item, and in your own name as though the Item were your own;
− the Item conforms to the description in the Selling Form;
− the Item is in perfect condition, unless you have accurately informed us of any damage or wear to the Item;
− if the Item has been worn, it has been cleaned in accordance with the manufacturing care label instructions;
− the Item may be lawfully sold to consumers in the UK; and
− the Item is not stolen or counterfeit.

ACCEPTANCE / REJECTION OF ITEMS

Following receipt of both the completed Selling Form and the relevant Item(s), we will contact you by email to confirm:
− whether or not we are willing to accept the Item for sale; and
− if we are willing to sell the Item, the Proposed Price of the Item.
If we do not receive any objection from you in relation to the Proposed Price set out in the email within 48 hours by email to info@littlecircle.co.uk, you shall be deemed to agree to the Marketing Price.

We may, at our absolute discretion, refuse to accept any Item for sale, in which circumstance we shall email you to enquire whether either:
− you wish us to return the Item to you (which shall be at your expense and your risk) and notifying you of the cost of returning the Item; or
− you wish us to donate the Item to charity (the identity of the charity being our choice).

If it has not been possible to agree the Marketing Price within 14 days of the initial email sent by us to you (in response to your completion of the Seller Form and us receiving the relevant Item(s)), we shall return the Item(s) to you at your expense.

We require that, prior to sending any Items to LITTLECIRCLE, the Seller cleans all worn items, or items that show any marks or stains, in accordance with manufacturing care label instructions. If we receive an Item that we deem is in need of cleaning or repair, we shall email you and will, subject to your consent, arrange to have the Item cleaned and/or repaired at your expense and at your risk. If you do not consent to the Item being cleaned and/or repaired or you do not agree to any proposed cleaning or repair charge, we shall return the Item to you at your cost, or, if you prefer, donate it to charity (being our choice) on your behalf.

Any Items that we refuse to accept for sale, including as a result of unsuccessful cleaning/repairs, will be returned to the delivery address specified by the Seller on either the Seller Form or by email to info@littlecircle.co.uk. These items will be returned to you free of charge.

An invoice with the details of relevant cleaning and/or repair charges will be sent to you once items have been reviewed. An additional surcharge of £2 per item will apply to cover associated administration costs. This invoice will need to be paid within 7 days of its issuance.
− By paying the fee as described, the Seller gives his/her consent to cleaning and/or repairs and accepts that all cleaning and/or repairs shall be undertaken at the Seller’s own risk.
− If an invoice has been issued by us and 7 days has elapsed with no response, the Seller shall be deemed to have given his/her consent to cleaning and/or repairs, for related charges to be deducted from future proceeds/credit generated from the sale of the Item and accepts that all cleaning and/or repairs shall be undertaken at the Seller’s own risk.

LITTLECIRCLE will not be held liable for any Item that suffers colour loss/shrinkage/damage, during the cleaning or repair process, where the manufacturer’s care label instructions have been observed. If cleaning and/or repair are unsuccessful in restoring the item to a saleable condition, such condition to be assessed at the sole discretion of LITTLECIRCLE, the Items will be returned to the Seller without charge.

MARKETING ITEMS ON THE WEBSITE

If we have accepted an Item for sale (and have not rejected or returned the Item pursuant to the above), we shall have the sole and exclusive right to act as your agent to sell the Item in accordance with these Seller Terms and the Seller shall not, during the term of the Agreement, try to sell the Item or appoint any other person or company to sell the Item on the Seller’s behalf.

We shall market the Item subject to our standard Buyer Terms and Conditions as published on the Website and amended from time to time.

Items will be marketed on the Website by means of a written description provided by us, which shall include the Marketing Price (which may be revised from time to time) and at least one photograph. We may amend these details at any time until the Item is sold. Copyright in our written description of the Item and the photograph(s) of it, and in any other marketing/promotional material we produce in relation to the Item shall belong to us. You shall not reproduce, nor permit anyone else to reproduce, such written description, photograph(s) or marketing/promotional material without our prior written consent.

We shall list an Item that we have accepted for sale on the Website and market it at the Marketing Price for at least 16 weeks from the Start Date. The Marketing Price is an estimate only of the price we think the Item might reasonably fetch having examined the Item, bearing in mind its condition amongst other factors. We do not make any representation or give any assurance that the Item will be sold at the Marketing Price or at all.

If an item remains unsold after 16 weeks from the Start Date, the Seller agrees that LITTLECIRCLE may choose to automatically, and with no further consultation with the Seller, reduce the price by up to 50% and continue to list the Item at the reduced price for a minimum further period of 8 weeks. Should an item remain unsold at the end of this period (the “Sale Period”) LITTLECIRCLE may, at its discretion, de-list the item and return it to the Seller.

Items that have not sold after 12 months and have not been re-claimed will be donated to charity (the identity of the charity being our choice). An Item will be deemed “Unclaimed” if after reasonable efforts on our part (in this case not more than 2 emails to the address held on your customer account) a return address is not provided within a period of 2 weeks from the second and final email. It is the Seller’s responsibility to inform us by email at info@littlecircle.co.uk if your return address details change.

We reserve the right to cease marketing an unsold Item at any time after the Sale Period, in which case we shall email you to enquire whether either:
− you wish us to return the Item to you; or
− you wish us to donate the Item to charity (the identity of the charity being our choice).

You may make a request to us by email to info@littlecircle.co.uk to cease marketing an Item at any time before we have accepted an offer from a Buyer to purchase it, and return it to you. However, if you request us to cease marketing an Item within 16 weeks of the item being listed we will charge you an administration fee of £2 per item in addition to the cost of postage and packaging. We shall cease marketing the Item, and it shall be withdrawn from the Website in each case within 2 working days of receipt of your request. You acknowledge and agree that you shall not be able to request the return of any Item or revoke our authority to sell such Items once we have accepted an offer from a Buyer to buy it.

If you fail either to pay when requested the costs of shipping any Item back to you under any of the circumstances as set out in these Seller Terms, or you fail to provide us with a UK return address, we may donate the Item to a charity of our choice without further notice to you.

SALE OF ITEMS

Once a Buyer has paid the Price for the Item and all other sums due to us under the Buyer Terms and Conditions, we shall release the Item to the Buyer.

Where an Item is returned by a Buyer to us pursuant to any returns policy as we may operate for Buyers from time to time, we shall remarket the Item for sale on the Website as soon as practicable. If the Item was originally sold within 16 weeks of the Start Date, we shall remarket the Item at the Price at which it was last marketed on the Website and continue the Sale Period.

Once an Item is sold, the net proceeds transferred to the Seller will take the form of credit available to be spent on any future purchases made on the LITTLECIRCLE Website (“Recircle Credit”), to be spent after an Item sells. You can check your Recircle Credit balance by logging on to your online account. Please see below for the full terms and conditions of the Recircle Credit.

Once an Item is sold, we will endeavour to notify the Seller, by email, within 28 days of the Item being delivered to the Buyer. This email will set out, amongst other things, the sale proceeds generated and the commission due to us in respect of the sale of that Item and the value of the Recircle Credit generated by the sale of the Item.

We shall be entitled to retain a percentage of the proceeds of sale of the Item (exclusive of VAT) by way of commission. Selling fees charged are calculated as a percentage (exclusive of VAT) of the Marketed Price (as adjusted from time to time), although certain promotional rates may apply from time to time. Currently, this percentage is 35%, however we reserve the right to amend this percentage from time to time. We are not currently required to charge VAT on our selling fees.

We shall remit the applicable Recircle Credit to you, less any VAT and other applicable charges provided for in these terms, incurred by us in relation to the Item, within 28 days after the Item has been shipped to the Buyer.

RECIRCLE CREDIT

You are advised to read the following terms and conditions of the Recircle Credit carefully and to check them frequently, as we may modify, amend or update the Terms from time to time. If you do not agree to any change to the Terms then you must immediately stop selling with us. Any changes made after you have received Recircle Credit will not affect that amount of Recircle Credit, unless we have been required to make the change by law, or unless you specifically provide your consent to such changes.

The terms of the Recircle Credit include the following:
− Recircle Credit can be redeemed against all products on the LITTLECIRCLE Website;
− Recircle Credit is non-transferable and may not be returned or redeemed for cash;
− Recircle Credit is valid for 36 months from date of purchase;
− If your order total is less than the value of the Recircle Credit, the balance will remain in your account and will be available to be redeemed against subsequent orders. You can check your Recircle Credit balance by logging on to your online account;
− If your order exceeds the value of the Recircle Credit and you have any other existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your store credit must be paid by credit or debit card;
− If you return products you have purchased using Recircle Credit, the relevant amount will be credited back to your account as Recircle Credit and will be available to be redeemed against subsequent orders;
− Recircle Credit cannot be redeemed in conjuction with any promotions or offers, unless otherwise indicated by us; and
− Any appropriate sales tax and shipping/delivery charged are applicable on any Items purchased with Recircle Credit.

LIMITATION OF LIABILITY

We shall not be liable:
− for any inaccuracy, error or omission in any description of an Item marketed on the Website or otherwise;
− for the setting of the Price of any Item;
− for any failure to achieve a sale of any Item; or
− for any loss or damage arising from any interruption to the operation of the Website for any reason, in each case whether arising from our negligence or otherwise.

To the fullest extent permitted by law, we shall not be liable to you under the Seller Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with the Seller Terms or the performance of the Agreement or any breach of the Seller Terms or Agreement by us.

Our aggregate liability to you under the Seller Terms shall be limited to a sum equivalent to:
− the Marketing Price at which the Item was marketed on the Website immediately prior to the act or omission by us giving rise to a claim by you; or
− the Proposed Price, if the Item was never marketed on the Website; or
− the market value of the Item, if we never proposed a Provisional Price for the Item.

The limitations as set out above shall not apply to limit our liability if and to the extent that we have been guilty of fraud or dishonesty, or in relation to a claim for death or personal injury resulting from our negligence.

We shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under the Seller Terms by reason of circumstances beyond our reasonable control.

GENERAL

You may not assign or transfer your rights and/or obligations under the Seller Terms or any Agreement into which the Seller Terms are incorporated.

No person other than LITTLECIRCLE or a Seller shall have any rights to enforce any of the Seller Terms or any Agreement into which the Seller Terms are incorporated.

The Seller Terms shall be governed by and interpreted in accordance with English law.