Thank you for using Designer Outlet. These Terms constitute a legally binding agreement between you and Designer Outlet and govern your access to and use of the Services and/or the Platform. You agree to be bound by these Terms.
1. GENERAL — Designer Outlet trading under RMD Designer Room Ltd provides an online platform that connects Sellers with Buyers seeking to sell and/or buy designer items (collectively, the “Services”). The Services are accessible through written communication with Designer Outlet, at https://www.designeroutlet.ie and any other websites through which Designer Outlet makes the Services available (collectively, the “Site”) and any applications for mobile, tablet and other smart devices and application program interfaces which Designer Outlet makes available (collectively, the “Platform”).
In these Terms and Conditions “you” or “your” means any unregistered user of the Platform or any user of the Platform, as the context requires. If you are using the Platform, these Terms and Conditions are between you and RMD Designer Room Ltd.
Nothing in these Terms and Conditions obliges Designer Outlet to make the Services available at any time or by any technological or direct means.
These Terms and Conditions incorporate our Privacy Policy and any other Policies, including the Seller Policy and the Buyer Policy, displayed on the Site or otherwise communicated by Designer Outlet from time to time to Users.
In the event of inconsistency, these Terms and Conditions prevail over any Policies.
WARNING: PLATFORM
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM BY WHICH SELLERS MAY CREATE SALES LISTINGS FOR GOODS AND BUYERS MAY LEARN ABOUT AND PURCHASE GOODS FROM SELLERS VIA PAYPAL/BANK TRANSFER or CASH. Designer Outlet DOES NOT OWN THE GOODS. Designer Outlet IS NOT A PARTY TO ANY SALE AND/OR PURCHASE OF GOODS BETWEEN USERS AND HAS NO CONTROL AND DOES NOT VERIFY THE SUITABILITY OR RANKING OF THE USER; THE TRUTH OR ACCURACY OF USER CONTENT; SALES LISTINGS; ABILITY OF SELLERS TO SELL GOODS, ABILITY OF BUYERS TO PAY FOR GOODS; OR THAT A SELLER OR BUYER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN GOODS. THE SERVICES PROVIDED BY DESIGNER OUTLET IN CONNECTION WITH THE PLATFORM ARE LIMITED TO THE ENABLING OF THE SALE AND/OR PURCHASE OF GOODS (EXCLUDING THE COLLECTION AND REMITTANCE OF FEES AND DELIVERY AND RETURN OF GOODS) PURSUANT TO THESE TERMS AND CONDITIONS. Designer Outlet DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WARNING: COMPLIANCE WITH LAWS, FEES AND CHARGES
USERS ARE WHOLLY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE PLATFORM AND SALES AND/OR PURCHASE OF GOODS COMPLY WITH APPLICABLE REGULATIONS, LAWS AND THIRD-PARTY AGREEMENTS.
YOU WILL BE WHOLLY RESPONSIBLE FOR ANY ADDITIONAL FEES AND CHARGES INCURRED BY YOU IN CONNECTION WITH THE PLATFORM AND/OR SALE AND/OR PURCHASE OF THE GOODS (WHETHER ARISING DIRECTLY OR INDIRECTLY).
2. Terms of service
The Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 18 or older.
By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of Service (“Terms”), as a user of the Services. These Terms govern your access to and use of the Platform and all Collective Content and constitute a binding legal agreement between you and Designer Outlet.
If you are entering into these Terms on behalf of any other person and/or entity, you warrant and guarantee that you have the full right and authority to do. If you do not have such authority, all your Site, Services and Platform activity will be considered a breach of these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform.
3. Licence
By accepting these Terms, the User is granted a limited, non-exclusive and revocable licence to access the Platform in accordance with these Terms.
You agree to only use the Platform and Materials for their intended legal purposes and shall not use any or all of them to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Designer Outlet in its sole and unfettered discretion.
Designer Outlet may revoke, suspend or terminate the User’s licence in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the User where User’s ratings are not considered acceptable by Designer Outlet. Designer Outlet will ordinarily advise the User of any suspension or revocation however, it is under no obligation to do so.
Your licence to access the Platform and Materials shall be ongoing unless terminated by Designer Outlet in accordance with these Terms.
4. Disclaimer
The information contained on the Platform is provided in good faith on an “as is” basis. Designer Outlet does not represent or warrant to the reliability, accuracy or completeness of the information contained on the Platform or in the Collective Content.
You understand and agree that Designer Outlet is not a party to any agreements entered into between the Seller and the Buyer, nor is Designer Outlet a broker, agent or insurer. Designer Outlet has no control over:
- the content contained in any Sales Listing;
- the content contained in any User Content;
- the existence, condition, quality, safety, legality, genuineness of any Goods;
- the truth or accuracy of any pictures or description of any Goods or any other content made available to Users;
- any discussions, negotiations and/or agreements between the Seller and the Buyer;
- any confirmed measurements sent by the Seller and/or the Buyer;
- any accuracy of the recommended retail price of the Goods;
- any negotiated price with respect to the Goods;
- the ability of Sellers to sell Goods;
- the ability of Buyers to purchase Goods;
- the ability of Buyers to pay for the Goods;
- the ability of the Seller and/or Buyer to actually complete a transaction or return Goods.
Designer Outlet disclaims all liability in this regard. All sales and/or purchases are made or accepted at the User’s own risk.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties other than Designer Outlet will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Designer Outlet with respect to such actions or omissions. We encourage you to communicate directly with other Users on the Platform regarding any Sales Listing and/or sales of Goods by you and/or purchase of Goods made by you. This limitation shall not apply to any claim by a Seller against Designer Outlet regarding the remittance of payments received from a User by Designer Outlet with respect to a Sales Listing, which instead shall be subject to the limitations described in the section below entitled “Warranty and Limitation of Liability”.
Where Designer Outlet provides Policies on the Site for the co-operation and facilitation of the sale and/or purchase of Goods, Designer Outlet makes no representations and/or warranties in respect of those Policies and is in no way liable to enforce or comply with those Policies between Sellers and Buyers directly unless otherwise expressly stated.
5. Platform intellectual property
You acknowledge and agree that the copyright in the Platform content and the software, design, text and graphics comprised in the Site and Platform, the selection and layout of the Site and Platform, the content and materials on the Site and Platform and all other Intellectual Property in connection with the Platform (together, the “Materials”) are owned by or licenced to RMD Designer Room Ltd.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public, the Materials without our prior written consent.
You must not frame or embed in another website any of the Materials without our prior written consent.
The Platform, the Materials and any ancillary materials or documents owned or used by Designer Outlet in connection with the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the Intellectual Property of Designer Outlet. You must not use any of the marks or trademarks appearing on the Platform and/or on or within Materials or our name or the names of our related bodies corporate or any of our Intellectual Property without our prior written consent.
6. Viruses
Designer Outlet does not represent or warrant that any information, files or Collective Content obtained from, through or in connection with the Platform is free from viruses or other faults or defects. You are responsible for scanning any information, files or Collective Content for viruses.
You agree that Designer Outlet has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any virus, fault or defect transmitted from, through or in connection with the Platform or the Collective Content. In any event, if Designer Outlet is found to be liable this will be limited to the cost of supplying the information, files or Collective Content again.
7. Registration
The Platform may be used to facilitate the sale and/or purchase of Goods between Sellers and Buyers.
When registering on the Platform and creating a listing, you may use the Platform as a Seller or Buyer. To access our Services to sell, you must fill out the online form.
Designer Outlet reserves the right to accept or reject your request to register your listing at its sole discretion and Designer Outlet may request additional information from you before accepting or rejecting your request. Failure to provide such information is likely to result in rejection of your request.
8. Using the Platform
The User acknowledges and agrees that:
- the User will not breach any laws, third party rights, these terms and conditions and/or any Policies.
the Buyer will not fail to pay for items purchased by the Buyer, unless the Buyer has a valid reason (i.e. the Buyer cannot contact the Seller).
- the User will not post false, inaccurate, misleading, deceptive or defamatory content.
- the User will not infringe any Intellectual Property Rights belonging to Designer Outlet and/or any other third party or post content that does not belong to you.
9. Sales Listing Fee
The fee we charge for using our Services are below:
- 1 item: €25
- 2 items: €45
- 3 items (max): €65
These may be subject to change which you will be notified by email.
On submitting a request for a Sales Listing on the Platform, you will be required to supply payment information to Designer Outlet (or an authorised billing representative of Designer Outlet). This payment information may include, for example, credit/debit card details (“Payment Details”). All Payment Details supplied to Designer Outlet will be retained and used by Designer Outlet in accordance with these Terms and the Privacy Policy available on the Site and Platform. You must ensure that the Payment Details you supply are correct and complete. Failure to pay the Sales Listing Fee as and when due to Designer Outlet under these Terms may result in the rejection of your request for a Sales Listing.
All fees and charges shown on the Platform and identified in these Terms are in Euro
If the Seller cancels a Sales Listing once paid for by the Seller, the Seller will not be entitled to a refund of the Sales Listing Fee on a change of mind basis.
10. Selling
As a Seller, you may create a Sales Listing for each sale of Goods.
When listing Goods, the Seller acknowledges and agrees that:
- the Seller is responsible for the accuracy and content of the Sales Listing and Goods offered.
- the Seller will include the condition of the Goods to be sold, complete and accurate details of the Goods and describe any defects and/or flaws in the Goods.
- the Seller must only include one item in one Sales Listing and must not change the listing to another item.
- the Seller will include large and clear photographs of the actual Goods for sale and of any defects and/or flaws in the Goods.
- the Seller must not use copyright photographs without permission or use photographs that do not accurately represent the item for sale.
- the Seller must provide an accurate retail price of the Goods, minus taxes and alterations.
- the Seller must not provide an inflated retail price to increase the discount offered or increase the asking price unless this is to fix an error or list any item for more than 90% of the retail price.
- the Sales Listing may not be immediately searchable for several hours;
- any User Content which violates these terms and conditions, or any Policies may be modified and/or deleted at Designer Outlet’s sole discretion.
- Designer Outlet does not charge commission on any sale.
- Designer Outlet reserves the right, at any time and without prior notice, to remove or disable access to a Sales Listing for any reason.
11. Postage And Delivery
The Buyer acknowledges and agrees that:
- the Buyer is responsible for all postage and delivery costs, including insurance.
- Designer Outlet recommends that the Buyer appropriate insurance, at its cost, for the delivery of the Goods by the Seller, or on behalf of the Seller.
- Designer Outlet is not liable for any delays and/or stolen Goods and/or Goods lost in transit as the contract for the sale and/or purchase of Goods is between the Seller and the Buyer directly.
12. Buying
The Buyer acknowledges and agrees that:
- the Buyer is responsible for reading and understanding the Sales Listing before purchasing the Goods.
- the Buyer is entering into a legally binding contract to purchase an item when the Buyer commits to buy Goods.
- Designer Outlet does not transfer legal ownership of Goods from the Seller to
13. Termination
These Terms operate for a term commencing on the date you access the Platform and ending when your item is listed or you notify us to delist your item, in accordance with these Terms.
Designer Outlet may suspend or terminate these Terms in its sole discretion at any time. Without qualifying the foregoing, Designer Outlet may immediately suspend, terminate or limit your access to and use of the Platform and (where relevant) your Account and any Collective Content if Designer Outlet suspects that you have committed a fraudulent act, and/or you have, or you intend to, breach these Terms.
Any termination by Designer Outlet in circumstances where you are either in material default of your obligations under these Terms or are in default of a non-material obligation which you fail to remedy within five (5) days of being notified of the default by Designer Outlet, will be of immediate effect.
In the event an agreement arising under or in connection with these Terms is terminated, Designer Outlet may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, the Platform and/ or any Collective Content, including but not limited to revoking your licence and blocking your access.
Users are not entitled to any compensation for any potential purchases and/or any Sales Listings that were canceled as a result of a suspension, deactivation or termination of your Account.
14. Indemnity
YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM, THE SERVICES, THE COLLECTIVE CONTENT, THE SALES LISTING, THE SALE AND/OR PURCHASE OF GOODS AND/OR INTERACTIONS BETWEEN UserS AND INDEMNIFY AND HOLD HARMLESS Designer Outlet, AND ANY OF ITS ASSIGNS, AGENTS OR EMPLOYEES AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO SOLICITOR’S FEES ON AN INDEMNITY BASIS).
15. Disputes In Relation To The Services
If you have a dispute in relation to the Services provided by Designer Outlet, please contact us at support@Designeroutlet.com and in the first instance, attempt to resolve the dispute with us.
16. Disputes Between Users
Designer Outlet does not own the Goods and is not a party to any sale and/or purchase of Goods between Users. Users must resolve any disputes between themselves.
If you use PayPal to pay for Goods or receive any money for the sale of Goods, you may be eligible for PayPal’s Buyer or Seller Protection.
If you use cash to pay for Goods or receive any money in cash for a sales transaction, you will not be covered for PayPal’s Buyer or Seller Protection.
PayPal’s investigation of any dispute is governed by the PayPal’s terms of service to which you would have agreed when setting up your PayPal account.
Designer Outlet makes no representations and/or warranties that PayPal will resolve the dispute to the User’s satisfaction.
PayPal is only one option of recourse and nothing in these Terms inhibit a User’s rights at law
