1. HELLLOOOOOO INTERPRETATION AND SCOPE

These terms are applicable to the users of the website and any transactions done in the stores operated by Designer Exchange or under its licence. The domain name designerexchange.com and all subdomains, (hereinafter referred to as "Website") is owned by Designer Exchange LTD.

Scope - Your use of this website and in-store services are governed by the following terms and conditions ("Terms of Use") including the applicable policies which are incorporated herein by way of reference.

If you transact on the website or in-store, you agree to be bound by the Terms of Use. You shall be subject to the policies that are applicable to the website and stores for such transactions and/or access.

By mere use of the website, you shall be contracting with Designer Exchange Limited and these Terms of Use including the policies constitute your binding obligations with Designer Exchange.

2. DEFINITIONS

1. "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 Designer Exchange which compensates the affiliate for transactions resulting from business directed to the Designer Exchange by the affiliate.

2. “Attributes” means and includes the characteristics of the product which are tangible in nature like size, color, smell, product design, weight, etc; and intangible aspects like quality, and aesthetics. The attributes of the products which are shown on the website may differ on certain occasions as compared to the product that may be delivered via ‘Click and Collect’ or as compared to that is available in store. (Product attribute is given in Clause 3.5).

3. "Designer Exchange" includes Designer Exchange Limited and its group companies and any of the stores run by its franchisees.

4. "Cookies" means small text files which the Designer Exchange website places on your device to store information about your shopping session and to identify your device.

5. "Customer" or means a person or organisation that buys, sells or exchanges products with Designer Exchange in store or online.

6. "Buy" shall mean purchase of any Product by a Customer from Designer Exchange.

7. "Sell" shall mean any Product sold by a Customer to Designer Exchange.

8. "Exchange" shall mean an act of giving one thing and receiving a voucher.

9. “Voucher” shall mean a Designer Exchange voucher redeemable only in a Designer Exchange UK store or on the UK Website.

10. “Click & Collect” means a way of buying something in which the Customer orders and pay for it on the internet, then collects it from the shop

11. “Layaway” means part-paying to secure a product for later purchase.

12. "Personal Information" means the personal details provided by you at the time of registration or at the time you become a member and/or any subsequent information that you provide after or before the registration;

13. “Picked” means that the e-commerce order placed on the website is accepted.

14. "Product/s" means chattels real (movable property) bought, sold or exchanged between the Customer and Designer Exchange, and also those products that are sent to Designer Exchange for sale but for which the transaction has not yet been completed. It also includes all items listed for sale online and in-store.

15. "Product Description" means that part of the website where the description of the particular Product is provided.

16.”Second-hand” means the product has been owned and used by someone else before and is not brand new.

17. "Store" means a Designer Exchange retail store.

18. "User" means a person who uses or accesses this website including a Customer.

19. "Website" means the website located at ‘designerexchange.com’ and its subdomains, and any subsequent URL which may replace it without any prior notice.

3. DESCRIPTION OF PRODUCTS

3.1 If a Product is priced incorrectly in-store or online, or scans at the wrong price at the till, Designer Exchange is under no obligation to honour it under the Sale of Goods Act. Should this error happen, Designer Exchange will offer the item at the correct price or refuse the transaction and withdraw the Product from sale until fixed.

3.2 Designer Exchange reserves the right to change the sell price of any item, rent the item out, lend the item, gift the item or sell it on a third party platform once ownership has been transferred to Designer Exchange.

3.3 The RRP (recommended retail price) is correct as of the time that the Product was purchased by Designer Exchange.

3.4 Additional elements - such as extra straps or a designer dust bag - are subject to availability.

3.5 The Product attributes (otherwise known as ‘features’), including Product descriptions, Product images and condition descriptions (or ratings), are guidelines only and do not represent the finished Product or the sell price.

3.6 All Products are second-hand unless specifically stated.

3.7 Designer Exchange is not affiliated with any of the brands that are traded.

3.8 Designer Exchange has the right to end, or amend, a price reduction promotion or competition at any time without any notice.

3.9 The contract between Designer Exchange and the Customer, in respect of the Products, comes into existence when the order has been accepted by Designer Exchange (or vice versa) in accordance with these Terms of Use.

3.10 For the purposes of maintaining appropriate demand and supply, avoiding major price fluctuations and stock availability for the benefit of all Designer Exchange Customers, Designer Exchange reserves the right to limit the number of buys or sales by an individual Customer, at any time.

3.11 Occasionally there may be information on the Designer Exchange sites or in the service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers,delivery charges, transit times and availability. Designer Exchange reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

4. MEMBERSHIP

4.1 Designer Exchange offers both online and in-store memberships. These are not interlinked at present.

4.2 Memberships are not required to buy a Product in-store however this may be offered.

4.3 Membership is mandatory to Purchase a Product online.

4.4 Membership is required to sell or Exchange Products in-store or online.

4.5 When selling to Designer Exchange, Designer Exchange will create an in-store membership alongside the online membership. Customers will need to provide information within the ‘Seller ID’ section on ‘Your Account’ on the ‘designerexchange.com’ website. This is required to process the transaction.

4.6 Photographic ID is required for registration of an in-store membership. This must be an in-date and valid UK driver’s license or passport.

4.7 All Customers with a membership must be eighteen [18] years of age or older.

4.8 Users seventeen [17] or under may only use the Designer Exchange website with involvement of a parent or guardian.

4.9 The Personal Information which the Customer is required to provide when registering must be true, accurate, current and complete in all respects.

4.10 The Customer must update their online and in-store account to reflect any changes to personal information.

4.11 The Customer must agree not to impersonate any other person or entity or to use a false name or a name that they are not authorised to use.

4.12 The Customer must only have a maximum of one [1] in-store membership and one [1] online membership.

4.13 When selling to Designer Exchange, Designer Exchange will create an online membership using in store details. This will be done when the action is required to process the transaction.

5. BUYING FROM DESIGNER EXCHANGE

5.1 Any order placed online will be considered as a binding contract and the order will be dispatched by Designer Exchange unless it has been cancelled by Designer Exchange or the Customer.

5.2 Designer Exchange may cancel an order in the case of a Product that is unavailable, damaged or if proper payment has not been made by the Customer.

5.3 Designer Exchange may also cancel the order if the Customer doesn’t meet the eligibility criteria or is in breach of the Terms of Use.

5.4 Designer Exchange reserves the right to refuse any order placed for any reason.

5.5 An order can be cancelled by the Customer until the time it has been dispatched from the store. After the order has been accepted by Designer Exchange (picked) then the order can only be refunded and not cancelled.

5.6 The Customer is responsible for the costs, damages and liabilities associated when returning an item or items to Designer Exchange.

5.7 The payment methods accepted online are PayPal, Apple Pay, Google Pay, American Express, Visa, Mastercard and Klarna.

5.8 The payment methods accepted in-store are American Express, Apple Pay, Visa and Mastercard.

5.9 Designer Exchange does not currently accept bank transfer or layaway.

5.10 Designer Exchange reserves the right to request to see valid photographic ID upon the collection of a Click & Collect order. A reference pertaining to the ID will be taken and held on record for a minimum of 120 days and a maximum of 150 days.

5.11 Only the Customer who placed the Click & Collect order may collect. Designer Exchange reserves the right to cancel an order when this is not adhered to.

5.12 For a Click and Collect order, the Customer should not visit the store until they have been contacted with the information that the order is ready to collect.

5.13 If the Customer fails to collect the Click & Collect order within the given collection period, the order will be cancelled, it will no longer be available for collection and the payment will be refunded.

5.14 Designer Exchange shall not be liable for any losses or expenses suffered, or any disappointment caused by the Customer's failure to collect the order before or after the given collection period, if the Customer fails to provide appropriate documentation to collect the order, or if the fitting rooms are unavailable at the time of collection.

5.15 Vouchers originally for spending in the UK territory can not be exchanged for vouchers for the ES territory (and vice versa).

6. USING KLARNA

6.1 Designer Exchange offers ‘Pay in 3’ and ‘Pay Later’ which are both a credit agreement between the Customer and Klarna - also known as ‘Klarna Bank AB UK Branch’.

6.2 To use Klarna on designerexchange.com, the Customer must be a UK resident, over eighteen [18] years old and have a valid payment card (the card must be in the Customer’s name, must not have expired and has enough money available to cover all the instalments).

6.3 Klarna may carry out a limited credit search on the Customer at a credit reference agency. This is a soft credit check, and will not affect the Customers credit score. However, information such as payment holidays and existing, late and unpaid balances is visible on the Customer's credit file to other lenders. Mortgage lenders could possibly include your monthly Buy Now Pay Later commitments as part of their affordability checks.

6.4 Klarna will store the Customers card details on their systems and use these details to approve future payments. Klarna’s Privacy Policy can be read and understood here.

6.5 Pay in 3

6.5.1 The Customer can pay for a Product by dividing the cost into three [3] equal instalments. Klarna accepts most cards except prepaid cards and may not also accept a card that’s due to expire in the near future. There will not be any interest, fees or charges for using a debit or credit card from Klarna or Designer Exchange.

6.5.2 The Customer is able to make payment early through the Klarna App. If a payment is made earlier, and the balance cleared Klarna will not continue charging the bank card.

6.5.3 At the point of purchase Klarna will freeze the first of the three [3] instalments on the card used. This means the Customer will not be able to spend this money on anything else. Once Klarna has received confirmation that the Product has been shipped, the first of the three [3] payments will be taken from the card automatically using the frozen amount. If the Product is not shipped, Klarna will unfreeze the money. The second payment will be taken thirty [30] days after the first payment, and the last one will be taken sixty [60] days after the first payment.

6.5.4 If the Customer’s bank card is cancelled, the Customer will still have to pay Klarna any money owed. If the card details change between the purchase and the final payment, the Customer must tell Klarna the new details (this can be done online).

6.5.5 If the Customer cancels the order, the Customer must inform Klarna and pause billing by choosing that order in the Klarna App and click “Report a problem”. Once Designer Exchange has confirmed the cancellation, Klarna will update the payments accordingly as well as refund any amounts due. Refund processing times may vary and can take up to fourteen [14] days.

6.5.6 Refunds for ‘Pay in 3’ are processed depending on the status of the payment schedule, how much has been paid and if Designer Exchange has processed a full or partial refund. If the Customer is due a full refund, Klarna will cancel any remaining payments and refund anything already paid to the bank card. If the Customer is due a partial refund, Klarna will deduct the amount from the outstanding balance first. Klarna will then refund the difference to the card. If the partial refund is less than the remaining balance, Klarna will deduct the amount from the outstanding balance. Klarna will then spread the remaining balance evenly over the remaining payments.

6.5.7 If Klarna cannot take the first instalment from the card, Klarna will let the Customer know, and try up to two [2] times again to take the money. If Klarna cannot take the money after two attempts, Klarna will roll the missed payment over to the second instalment. If Klarna cannot take the second instalment, Klarna will attempt two [2] more times. Then Klarna will roll it over to the next and final instalment. If Klarna still cannot take the payment, Klarna will try again twice more. If Klarna is still not successful, Klarna might ask the Customer to pay the outstanding amount directly or use a debt collection agency to collect the money. Not paying might also mean the Customer cannot use Klarna in the future.

6.6 Pay Later

6.6.1 With ‘Pay Later’, the Customer can pay for something up to thirty [30] days from the shipment of the Product. Klarna accepts most cards except prepaid cards and may not also accept a card that’s due to expire in the near future. There will not be any interest, fees or charges for using a debit or credit card from Klarna or Designer Exchange.

6.6.2 If the Customer would like to pay off the balance before the thirty [30] days is up, the Customer can make a payment early through the Klarna App.

6.6.3 Klarna ‘Buyer Protection’ which means, for example, that the Customer does not have to pay for the Product until the Customer has received them. Klarna will assist the Customer with any issues related to the purchase. For more information and instructions please see here.

6.6.4 If the Customer cancels the order, Klarna will cancel the outstanding payment that’s due. If the Customer wants to return part of the order, the Customer will only have to pay for the Products the Customer wants