TERMS AND CONDITIONS
These are our Seller Terms & Conditions, if you have any further questions please get in touch using our contact form
Important: Please Read
Please ensure that you have carefully and thoroughly read these Terms and Conditions before selling your items with Twicely. By clicking the button marked ‘Accept Terms and Conditions’ when completing your transaction you confirm that you have read, accept and agree to be bound by these Terms and Conditions. If you do not accept and agree to be bound by these Terms and Conditions, you will be unable to sell your items to Twicely.
We also recommend that you retain a copy of these Terms and Conditions for your records.
In these Terms and Conditions, the following words will have the following meanings:
"Contract" means the contract formed between you and us as set out in these Terms and Conditions for the sale, recycling, or return of your Item, as applicable;
"Item" means each item which you wish to sell to us in accordance with these Terms and Conditions;
"Package" means the package, parcel or box that you send your Item to us in;
"we/us/our" means Twicely;
"Website" means www.twicely.co.uk and also includes any other web-services or mobile applications on which you may sell your Items to us;
"Working Day" a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
"you/your" means you, the person using the Website and sending an Item to us to be purchased by us or recycled as set out in these Terms and Conditions;
We may vary these Terms and Conditions from time to time (in accordance with clause 24.9) and so we recommend that you check them regularly for changes.
2.1 Twicely is the trading name of Twicely Retail Ltd, whose registered office is Unit 5A Kay Brow Complex, Bury, BL0 9AY and is registered in England and Wales with Company Number 08604085.
2.2 We can be contacted on firstname.lastname@example.org for further information or support.
3.1 The Website has been developed for use by members of the general public only and not by businesses, organisations, co-operatives or traders (whether sole, market or otherwise).
3.2 By placing an order through the Website, you are confirming to us that: a) you are an individual consumer who is legally capable of entering into binding contracts; b) you are the legal owner or have the permission of the legal owner to sell Items to us; c) you are at least 18 years of age or, if you are under 18 years of age, you have obtained your parent’s or guardian’s consent to sell your Items to us for the valuation indicated on the Website; d) you are based in the UK or Channel Islands; and e) you are accessing the Website from the UK or Channel Islands.
3.3 Businesses, charities, schools or other organisations should contact our enquiries team for alternative schemes by emailing email@example.com.
5.1 When you sell an Item through our Website, the order process will work as follows:
a) you will request a Twicely seller pack and provide your postal address and contact details, at this stage if you wish any items that we do not accept for sale on the Twicely website to be returned to you you must select the 'Please return my items for £9.95 (S&H Fee)' option on the form;
b) you will then be presented with two options, either to ‘Accept T&Cs’ or ‘Reject T&Cs’. It is important that you have read and understood these Terms and Conditions before you click ‘Accept T&Cs’;
c) then you will click ‘Click to order your free post bag’ to confirm and place your order;
d) we will post you a Twicely seller pack which will contain a return postal bag, a Collect+ label, further instructions which must be followed in full and details of your closest Collect+ drop off point;
e) once you have put all of the Item(s) that you wish to sell into the postal bag, in accordance with our 'What we accept' information provided in your seller pack, it is your responsibility to ensure that the bag is safely sealed and the Collect+ label securely attached to the bag;
f) you will then drop off your postal bag at a Collect+ drop off point and retain the receipt given to you by the shopkeeper, if you are not given a receipt then it is your responsibilibity to ensure that you obtain suitable confirmation that your postal bag has been deposited for collection;
g) at this stage you are required to notify us that you have sent your postal bag to us and whether any additional insurance over the standard £100 cover is required for the Item(s) while in transit;
h) once we take receipt of your Item(s) at our warehouse we will enter your Item(s) into our processing workflow. Accepted Item(s) will immediately be listed for sale on the Twicely website and also on our partner shopping channels;
i) your consignment Item(s) will then be stored in our warehouse and we will take all sensible precautions to ensure that they are kept safe and are not subjected to damage while in our care. These items are stored at your own risk and ownership of consignment items remains with the seller. These consignment items are not covered by any Twicely insurance policies and liability remains with the owner of each item;
j) in the case of an Item for which we agree to make an upfront payment for, the payment will be made within 14 days of acceptance and ownership of these items passes immediately to Twicely;
k) in the case of an Item which we agree to sell on a consignment basis, the payment will be made in the calendar month following the month of sale;
l) after a consignment Item has been listed for sale on Twicely for a period of 84 days the seller will have a further 14 days to contact Twicely and make arrangement for the return of the Item. Any Item not returned after this period will be responsibly recycled;
6.1 By clicking ‘Click to order your free post bag’ you are offering to supply your Item(s) to us for the price determined by our merchandising valuers.
6.2 All orders are subject to acceptance by us, and we will confirm our conditional acceptance to you in writing by sending you an email that confirms that your order has been processed and the Item(s) that we will accept for sale on Twicely (Order Confirmation).
6.3 The Contract between you and us will only be formed when we send you the Order Confirmation and is conditional upon your Item(s) passing our Quality Assessment.
6.4 The sale of each Item included in an order and confirmed in the Order Confirmation constitutes a separate Contract between you and us, even if there are a number of Items involved in one Order Confirmation and/or if you send them to us in one Package.
6.5 As payment for your Item we will pay you the amount of the Valuation or re-valuation (as applicable) OR, where applicable, arrange disposal of your Item for free. By placing your order on our Website you acknowledge and agree that this is adequate payment for your Item.
6.6 Nothing in these Terms and Conditions shall affect our right to revise the Valuation of your Item if your Item does not pass our Quality Assessment.
7.1 You have a legal right to cancel your Contract with us at any time, without giving any reason, within 14 days beginning on the day after your Contract with us is formed (this is the date of the Order Confirmation). This is called the “Cancellation Period”. However, please note that if you ask us to start providing services to you during the Cancellation Period you may lose your right to cancel the Contract after you have clicked ‘Click to order your free post bag’.
7.2 It is important to note that we begin to perform the services to fulfil the contract:
a) where you select to use our Free Post Bag Service or at the point at which you hand over your Items in accordance with Collect+'s records.
7.3 By clicking ‘Click to order your free post bag’ where you have selected to use the Free Post Bag Service, or by handing over your Items at the ParcelShop you agree that we may immediately begin providing the services at which point you may lose your right to cancel.
7.4 This means that at the point at which we begin to perform the services in accordance with clause 8.2 (a), you will lose your right to cancel.
7.5 If you do wish to exercise your Cancellation Rights, please contact us and tell us in writing that you want to do so within the 14 day period from the Order Confirmation. To exercise these rights please contact us on firstname.lastname@example.org. If you inform us that you no longer wish to send your Items, we will remove the relevant Items or order from our system so that we know you will not be sending your Item or Items. In those circumstances, you will not be entitled to any payment from us whatsoever.
7.6 Consignment customers who want the return of unsold Items can request this at any time using the ‘contact form’. There is a £25 administration fee payable for the return of all listed Items in addition to the return delivery charge of £9.95. This fee is payable in any circumstances where the seller has requested the return of all their currently listed, and unsold, items.
8.1 Ownership of the Item transfers to us as soon as we notify you that we will make an upfront payout for your Item, or if an Item has failed our Quality Assessment and you have elected for these items to be recycled. Ownership of an Item which we have agreed to sell on a consignment basis remains yours until 14 days after the 84 day listing window if you have not told us to return the Item.
8.2 Risk in the Item will only transfer to us once after we receive the Item and have notified you that we will make an upfront payment for the Item.
9.1 The Free Post Bag Service includes collection from your local Collect+ shop, transportation and delivery to us of your Package by Collect+ or any other third party carrier we specify from time to time.
9.2 Collection by a carrier of any Items in accordance with our Free Post Bag Service does not mean that we have confirmed acceptance of the Items that you have sent. Acceptance of the Items will only be confirmed once they have passed the Quality Assessment (details of which can be found below).
9.3 You acknowledge and agree that we shall have complete discretion as to the method of transport and route of any Package.
9.4 Each Package that you send to us using the Free Post Bag Service must:
a) weigh no more than 15 kilograms;
b) not exceed dimensions of a maximum of 120cm for the largest single dimension (usually length) or a combined dimension of 225cm, calculated using the largest single dimension plus two times each of the other dimensions; and
c) have the FREE Collect+ label that we have sent to you in your Seller Pack attached and clearly visible.
9.5 We and our selected carriers reserve the right to reject a Package at the relevant collection point if the Package does not comply with the requirements set out above and in your Welcome Pack.
9.6 The accuracy of the address details provided and the point of collection that you provide are your sole responsibility.
9.7 We and our carriers shall not be liable for any indirect or consequential loss or damage of any kind, including any loss of profits as a result of delayed collection from the agreed collection point.
9.8 You acknowledge that we are not the carrier and that we will use third party carriers to provide and fulfil this Delivery Service.
10.1 When you send your Item using any of the Delivery Services detailed in these Terms and Conditions, your Item will be insured up to a value of £100. This means that once your Package has been accepted at the Collect+ shop the Items included in the Package are insured up to the value of £100 while in transit to us.
10.2 If we have agreed to sell your Item on a consignment basis then Ownership and Risk remains with you. We will take all reasonable precautions to ensure that your Item is stored safely and not subjected to damage in our warehouse. The Item will not be insured and will be stored at your risk for the duration of the listing period (84 days).
11.1 The Delivery Services may only be used for Items that you are selling to us. You may not use these Delivery Services for any other items or purpose.
12.1 If you believe that your Package has been lost, damaged or stolen (subject to our confirmation that we have not received your Package) you will be required to provide a valid returns receipt which you will have been provided with by Collect+.
12.2 It is your responsibility to obtain a receipt from the Collect+ shop and retain this for tracking and insurance purposes. If you cannot provide a valid returns receipt for the Package you wish to claim for then you may not be able to claim for any loss or damage to your Package.
12.3 You must notify us in writing of any loss or damage, giving rise to a claim within 28 days of the date on which your Package was accepted by the Collect+ shop (the date of which will be shown on your returns receipt.)
12.4 If you fail to provide a valid receipt within 28 days of the date of your returns receipt, we shall not be liable for any loss or damage, save in the event that you are able to demonstrate to our satisfaction that it was not reasonably possible for you to advise us or make such claim in writing within the 28 day time period and subject to you then providing such advice or claim within a reasonable time.
12.5 We shall be entitled to make such investigations as we deem necessary to satisfy ourselves of the validity of any such claim.
12.6 In calculating the value of any claim we shall accept no other valuations than our own for the Items that you may be claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from the use of our Delivery Services.
12.7 We will notify you in writing of the outcome of our investigation and, if your claim is successful, payment of the Valuation will be made via the payment method specified in your account on the Website.
13.1 All items sold to us are checked by our quality control team during our Quality Assessment process.
13.2 Where your items do not pass our Quality Assessment we have a right to reject and recycle your items at our discretion and make no payment for them.
13.2 IMPORTANT: we will not make payment for, or return to you any Items which fail our Quality Assessment. Items delivered in the following condition will be deemed at our absolute discretion to have failed the Quality Assessment:
a) clothing showing any signs of wear: any clothing with rips, tears, stains, pilling, fading, shrinkage, or blemishes of any kind will not be accepted or paid for,
b) non-clothing items: we will not accept toys, books, jewellery, hair accessories, gear, etc,
c) any items where the brand is not on our accepted brands list which you can view here - http://www.twicely.co.uk/selling-now,
d) any items missing brand, size or washing care labels,
e) if we suspect that the item is 'non original' or 'non genuine' in any way;
f) any items that have been modified in any way,
13.3 Where Items fail the Quality Assessment our decision is final.
13.4 Any Item which fails the Quality Assessment can only be returned to you if you chose the 'Please return my items for £9.95 (S&H Fee)' option on the order form. Items cannot be returned to you under any circumstances if this option was not chosen and will be recycled responsibly by us in line with our 'zero landfill' policy. You will not receive any payment for that Item. If an Item fails the Quality Assessment we will inform you via email once your order has been processed.
13.5 Where the total value of the payout for any single bag (including the total of both upfront and consignment items) is less that £50 a low value fee of £9.95 will be deducted from your payout. This will be deducted from the upfront payout, or if the upfront payout is not sufficient to cover the low value fee it will be deducted from the first consignment payout.
13.6 By placing an order for a seller pack on the Website you consent to us dealing with your Item in this way and agree that this will constitute sufficient payment for your Item.
13.7 You accept and agree to hold us harmless in respect of any loss, material or otherwise, that you may suffer due to disposal of these unaccepted items.
14.1 Any Item that has been accepted for sale on Twicely cannot be returned after we have received it. In the case of Upfront Items you will receive the Valuation payment for the Item. In the case of Consignment Items you will receive a percentage payout based on the actual selling price in accordance with the tariff table on ur 'How Much You Can Earn' schedule.
14.2 Any Item which fails the Quality Assessment can only be returned to you if you chose the 'Please return my items for £9.95 (S&H Fee)' option on the order form. Items cannot be returned to you under any circumstances if this option was not chosen and will be recycled responsibly by us in line with our 'zero landfill' policy. You will not receive any payment for that Item. If an Item fails the Quality Assessment we will inform you via email once your order has been processed.
14.3 Where all of the Items received in a bag fail the Quality Assessment resulting in a zero payout there will be a £16.95 admin fee payable in addition to the standard return delivery charge of £9.95 to have the Items returned. This must be paid within 7 days of the invoice date. Where an invoice is unpaid after 7 days all Items will be recycled responsibly by us in line with our 'zero landfill' policy. You will not receive any payment for those Items.
14.4 It is your sole responsibility to ensure that the address details provided in your seller pack Order are accurate and correct and you accept and agree that we shall not be liable for any loss of any kind that you may incur due to Items being returned by us to an invalid or incorrect address as a result of your failure to provide valid, accurate and up to date address details. Please be aware that your Item will only be delivered to the address that you provide.
14.5 We will alert you via email that your Item is due to be delivered to your given address.
14.6 In the event of non-delivery of your Item by our courier, you must notify us within 14 days of the agreed delivery date. If you fail to notify us of non-delivery within 14 days we shall not be liable for any loss or damage incurred as a result of non-delivery.
14.7 Upon notification of non-delivery you will be required to complete a ‘Letter of Denial of Receipt’ (a copy of which we will provide you with) within 7 days of us providing you with the same. If you fail to submit a Letter of Denial of Receipt in accordance with our instructions within 7 days we shall not be liable for any loss or damage incurred as a result of non-delivery.
14.8 We shall be entitled to make such investigations as we deem necessary to satisfy ourselves of the validity of any such claim and will liaise with the relevant carrier to confirm if non-delivery has occurred.
14.9 In the event that the courier notifies us direct that a Package has been “Lost in Transit” (meaning that the Package can no longer be tracked or located by the courier for delivery to the customer) you will not be required to complete a ‘Letter of Denial’. We will conduct our own internal investigations and once we are satisfied that the Package cannot be located and delivered to you, we will contact you in writing to confirm that your Package has been Lost in Transit and provide you with payment of the Valuation.
14.10 In calculating the value of any claim we shall accept no other valuations than our own for the Items that you may be claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from our return of your Item.
14.11 If your claim is successful then we will notify you in writing and payment of the Valuation will be made via and the payment method agreed with you.
15.1 Payment will be made to you in accordance with these Terms and Conditions.
15.2 There are a number of payment methods available to you:
a) Bank Transfer;
b) Cheque; or
15.3 Up Front Payments will be authorised the next Working Day following completion of the Quality Assessment process for all of the Items in your order and your confirmation of payment option chosen and made within 14 days.
15.4 Consignment Payments will be authorised on the tenth Working Day of each month for the sale of Item(s) in the previous month that were made more than 7 working days prior to the date authorised and made within 14 days.
15.5 You acknowledge and accept that some of the Payment Methods made available to you depend on third parties (third parties that are outside of our control, including but not limited to banks and postal services) to process these payments including, but not limited to, payments by Bank Transfer. We will not be liable for delay in receipt of payment as a result of the actions or inactions taken by such third parties. Payments may be subject to validation and security checks that we may or third parties may require at our or their discretion from time to time.
15.6 It is your responsibility to ensure that the registered name and address in your seller pack Order Form is entered correctly and accurately. If your bank refuses to clear a cheque due to an error in the name or address details you have provided to us, we reserves the right to make an administrative charge in the form of a deduction or a request for payment from you, for the reissue of payments.
15.7 Please note that payment reissues are only made by Bank Transfer and you will be required to provide Twicely with your account details in order to reissue payment to you. It is at our sole discretion how reissue payments are made. If you provide incorrect bank account details for reissue and a payment is refused by your bank upon applying for another reissue we may, at our discretion apply another administrative charge in the form of a deduction or a payment from you.
15.8 All quoted payment timescales are subject to variances during busy periods and we will not be liable for any losses that you may suffer if for any reason we fail to make a payment outside of the timescales referred to herein.
15.9 All payments are inclusive of VAT.
16.1 To the extent that we are liable to you for breach of contract, negligence or any other liability arising under these Terms and Conditions, our liability shall at all times be capped at the Valuation of the Item(s) which is the subject of your claim.
16.2 We shall not be liable for any special indirect, punitive, incidental, special or consequential damages relating to your Contract with us. This includes but is not limited to direct and indirect loss of profit and loss of income.
16.3 Nothing in these Terms and Conditions shall exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or the Consumer Rights Act 2015; or
d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
16.4 Nothing in these Terms and Conditions shall affect your statutory rights.
17.1 Customer satisfaction is incredibly important to Twicely so should you have any questions or enquiries about using the Website to sell your Items then please do not hesitate to contact us using the ‘contact form’. Our usual hours of business are 9.00am until 5.00pm Monday to Friday.
17.2 You can also contact us by email on email@example.com. When contacting us by email please ensure that you include your Customer Number in the body of the email.
17.3 We would also recommend in the first instance checking out our FAQs which deal with a number of the common questions that we receive.
17.4 If you should for any reason have any complaints you can contact us on firstname.lastname@example.org. All complaints correspondence will be dealt with via email or letter and we will acknowledge and respond to the initial complaint within two (2) Working Days. If you are not satisfied with our response you can appeal against this.
17.5 We will respond to all appeals within three (3) Working Days and issue our final response.
17.6 If you still wish to escalate your complaint, we are regulated by Trading Standards and will be more than happy to assist with any enquiry they may wish to make.
17.7 Any legal notices can be forwarded to our Head Office address: Twicely Retail Ltd, Unit 5A Kay Brow Complex, Kay Brow, Bury BL0 9AY
18.1 All notices given by you to us must be addressed to Twicely Retail Ltd, Unit 1A Kay Brow Complex, Kay Brow, Bury BL0 9AY. We may give notice to you at the postal address you provide to us when placing an order. Notice will be deemed received on the day on which it is left at the above address if you deliver it by hand; on the day on which it is received by us if posted; or on the day on which it is sent correctly if by email.
18.2 When we send you any information via email (including your a valuation or rejection of your Item following Quality Assessment), we will use the email address you provided to us or as uprovided on your seller pack Order. It is your sole responsibility to ensure that the address details that you provide to us are complete and accurate and that your email account can receive our messages. We strongly suggest that you add email@example.com to your address book and/or regularly check the capacity of your inbox and the contents of your junk folder to ensure that you do not overlook or fail to receive our emails.
18.3 You may not transfer the Contract, or any of your rights or obligations arising under it, without having our written consent beforehand.
18.4 We may transfer the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract if we have a good reason to (for example if we sell our business) as long as such transfer does not disadvantage you.
18.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our control (“Force Majeure Event”).
18.6 Our performance of the Contract will be suspended while the Force Majeure Event continues, and we will have an extension of time to perform our obligations under the Contract for that period. If the Force Majeure Event continues for more than a month we or you may end the Contract by giving 7 days’ notice in writing.
18.7 If you or we fail to request performance of the other's obligations under the Contract or if you or we fail to exercise any of the rights under the Contract, this will not constitute a waiver and will not relieve the other party from compliance with its obligations. A waiver of a right under the Contract will not be a waiver of any subsequent default. A waiver of a right under the Contract will not be effective unless it is stated to be a waiver and is communicated to the other party in writing in accordance with clause 18.1 above.
18.8 If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be inapplicable, such term, condition or provision will be deleted and the remaining terms, conditions and provisions will continue to be valid.
18.9 We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our staff, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
18.10 We revise our Terms and Conditions from time to time to reflect changes to the way we do business, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. You will be subject to the Terms and Conditions in force at the time that you place an order with us, unless we notify you of the change to these Terms and Conditions before we send you the Order Confirmation (in which case we will assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary prior to sending the Items to us). We will update the version number of these Terms and Conditions when we have revised it.
18.11 A person who is not a party to these Terms and Conditions shall have no rights in relation to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
18.12 These Terms and Conditions and any claim arising out of the subject matter or formation of these Terms and Conditions (including a Contract) shall be governed by English law. Any dispute or claim arising out of or in connection with these Terms and Conditions (including a Contract) is subject to the exclusive jurisdiction of the courts of England and Wales.