CLOTHES FOR SALE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Clothes for Sale (ABN 47 731 759 706 ). Your access to and use of all information on this Website including the rental of clothing and accessories through our Website which are provided subject to the following terms and conditions. Person(s) selling and lending Items through our Website are referred to as Sellers and Lenders, respectively (or Owners). Person(s) receiving bought and leased/rented Items through our Website are referred to as Buyers and Renters/Borrowers, respectively. Members refers to users of the Website.
We reserve the right to amend these terms and conditions at any time and your use of the Website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our Website you read these terms and conditions.
We operate the Website which act as an interface between the various Sellers and Buyers, and Renters and Lenders of clothing. Transactions are between Sellers and Buyers, and Renters and Lenders, however all users of our services are subject to these Terms and Conditions.
If an Owner has any specific rules, a Member agrees to also adhere by those rules, so long as they don’t conflict with these Terms and Conditions.
These Clothes for Sale Terms and Conditions are also subject to any Insurance providers Terms and Conditions, which if any Insurance is provided, are made available to the Lender and /or Renter before any booking is completed, if it includes Insurance.
All prices are in Australian Dollars (AUD) and are exclusive of GST except where otherwise noted. We endeavour to ensure that our price lists are current. Our price list can be accessed from our home page or mobile apps and users listing items reserve the right to amend the prices at any time. We are not liable for damage suffered in relation to price fluctuation.
We strive to ensure that the listed products are described as accurately as possible on our Website, however we do not warrant that the description is accurate. Where we become aware of any incorrect description, we and the Sellers, Lenders or Owners reserve the right to correct any error or omission without notice.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Clothes for Sale supports Australian designers and labels and respects the prerogative of Businesses and Companies to exercise exclusivity of their products. In particular, Clothes for Sale places an absolute ban on the rental of House of Zhivago PTY LTD as stated in their Condition of Sale clause of their Terms and Conditions. These Terms and Conditions can be found on their website and state the following:
“Not Authorised for Rental Use (Commercial Hire) – Subject to Legal Action.
By purchasing and using the product, you (“Customer”) agree to be bound by the terms of sale and responsible for any legal costs arising from breach of these terms. If you do not agree, do not use the product, and return the product to your place of purchase. This product is not to be used for commercial hire purposes, in unauthorised advertising or resold commercially by unauthorised vendors.
© HOUSE OF ZHIVAGO PTY LTD 2016.”
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our Website.
Our fees and charges can be accessed from our home page and we reserve the right to amend our fees and charges at any time.
When you order from Members, they require you to provide your name, address for delivery, your email address, telephone contact, payment details and any other information from time to time. We undertake to take due care of all information disclosed on our website; however in providing the Website with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
All risk of loss or damage to the goods passes to you when we, or a Seller, Lender or Owner despatch the goods.
When you visit our Website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without our prior written permission.
The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
We reserve the right terminate user access and delete content wherein we believe that user has acted in manner that is generally considered to harassing, bullying, illegal, defamatory, racist, or inappropriate.
This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked Website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that Website nor of the information and/or products which they provide.
You may link our Website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
INTELLECTUAL PROPERTY RIGHTS
The copyright to all content on this Website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this Website becomes our property. If in future we use your Comments in promoting our Website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
You are strictly liable for all content posted on the Website or mobile apps by You. We are not responsible for defamatory, libellous, harassing, unauthorised content or inappropriate content posted by users of the Website or mobile app. We reserve the right to amend or remove any uploaded content.
In addition to the payment of the applicable price for goods delivered through the Website - Sellers, Buyers, Renters or Borrowers are responsible for paying all other costs which may include shipping, transport or postage costs and any other costs displayed, such as insurance (if applicable) or cleaning, our service fees, and all applicable sales, GST and other taxes associated with the rental of any Items through the Website. All such shipping and other associated costs and taxes may not necessarily be included in the listed price for any goods made available from the Seller or Lender through the Website, but will be displayed to the Buyer or Renter. The Buyer or Renter is responsible for the proper and timely payment of the ordered Item and all it’s Associated Costs.
We will deduct from the Price a Service Fee in consideration for the services provided by us through the Website. The amount to be received by the Seller or Lender, net of the Service Fee, is shown to the Seller or Lender at the time that the Seller or Lender is sent a request by a Buyer or Renter, to accept or decline a booking.
An additional Security Deposit may be required by the Seller or Lender, and in that instance, Sellers and Renters agree to be charged any Security Deposit in addition to any rental fees and Associated Costs. Members agree that in the event of a dispute, Security Deposit funds may be withheld by Us or the Seller or Lender, at the discretion of Us, and in accordance with the Dispute Resolution clause of these terms.
A third party payment provider (such as PayPay) designated by us may store Your credit card or bank information, to simplify repeat transactions for You. We will not directly see Your credit or debit card details or the letters or numbers of Your secret code (to the extent that You are required to provide these). These will be viewable only by the payment provider and/or Your card issuer (as applicable).
You agree that any rental estimate provided by Us to You is an estimate only, it is subject to other factors which include but are not limited to, varying market conditions and it should not be relied upon.
If the Buyer or Renter chooses the postal method of delivery, the shipping charges will be added at checkout. Sellers or Lenders rely on third parties to provide delivery services. Neither us nor the Owners will be responsible if estimated timelines are not met due to postal failures or delays. If You as a Buyer or Renter, do not receive a delivery in time, You must notify the Owner immediately.
RETURN OF AN ITEM
It is the Renter’s responsibility to contact the Owner of the item, regarding its return. Items must be either dropped back, or posted back to the owner by the date stated, unless other arrangements are agreed upon. Customers with items which are not returned within one week of the date of wear, are no longer entitled to receive their bond upon return, unless the owner has agreed to a date of return later than one week. If an item is not returned at all, the customer who liaised with the owner and had possession of the item is liable to provide compensation to the Owner. This compensation will be to any value less than, or equal to, the RRP of the item, minus any already paid fees (including hire fees and bonds, excluding postage costs). The owner will be allowed to dictate the price of the compensation, provided it's value does not exceed the
CONDITION OF AN ITEM
It is an Owner’s responsibility to provide the customer with an item that is in wearable and undamaged condition. Small stains, that are hidden or barely noticeable, are accepted. However, please disclose these stains to the customer before they hire the item. A Renter has the right to refuse to wear an item, if a reasonable person, in this position, would also view the item as unwearable. An item that has small stains, but is still wearable can also be refused by the customer, if these damages were not disclosed prior to the rental. In the scenario of a marked or damaged item, it must be immediately returned to the owner, and a full refund be issued. If disputes between owner/customer occur, please send in a detailed complaint, along with photo evidence to Rent a Dress AU, and we will determine whether the damage makes the item unwearable or not.
REMOVAL OF A MEMBER
Clothes for Sale reserves the right to remove an owner’s item/s from our page, and ban them from buying or renting out in future, should we deem an owner to be conducting themselves, and their rentals, in a way which is not reflective of the transactions we encourage, and approve on our page.
The following discretions could warrant removal: Providing customers with unwearable items, refusing return of a bond (in situations where a bond is entitled to be refunded), using explicit, threatening and abusive language. The removal of an owner is at the discretion of Clothes for Sale. If you have an owner complaint, please send in your complaint to us, along with evidence, (e.g. “screenshots” of conversations).
Clothes for Sale has the right to remove any users from the Website and terminate their right of use of the service without any specific reason and without being liable for compensation.
If an item is to be posted, please forward on a tracking number to the Member. Please always include a return address of the Item. This ensures that an item can be tracked, in the event it were to be lost in the mail. If an item does not arrive at it’s destination, and there were no tracking number given, the person who sent the item is responsible for the compensation of it. If an item is posted, a tracking number is provided and the item does not arrive at the destination, it is the sender's responsibility to lodge a missing parcel form with Australia Post and attempt to retrieve the item. If the item cannot be found, but the tracking number provided shows sufficient proof that the item was posted correctly by the customer, then the customer is not liable for the loss of the item, and this is now an issue with Australia Post.
TERMS OF THE BOND
If a bond has been used in the transaction, it must be returned on return of the item if it is in the same condition. If it is not, not all the bond may be returned. Bonds which have not be claimed after 2 weeks (14 days) after the Owner has attempted to return it, asked for bank details etc), and the Lender has not responded, the bond cannot be claimed. Please make sure you provide your Renter with the appropriate bank details or arrangements on request.
CANCELLATION POLICY - CANCELLATION BY MEMBERS
Providing clothing for a specific date, immediately excludes other people from securing that exclusive item on that date, as such, restrictions to cancellations are applicable as outlined below.
Cancellations may affect your review and rating.
You may cancel a request as a Buyer or Renter, but you may not be able to cancel your booking once your request has been accepted by an Owner.
If your booking request is accepted, it can only be cancelled and reimbursed at the discretion of the Owner of the Item.
A Buyer or Renter may action Buyer’s Protection as per the Terms and Conditions of PayPal.
For any requested refund, or any dispute whatsoever, please refer to the paragraph titled ‘DISPUTE RESOLUTION’ in these terms and conditions.
If for a reason relating to the quality of the Items received, the Member is unhappy with their transaction through the Website, the Buyer or Renter must notify the Owner immediately upon receipt. Where the Buyer, Renter or Borrower receives the Items from the Owner, the Buyer or Renter must refuse the Items immediately if they are unhappy with them. The Buyer or Renter will not be able to make a return pursuant to this clause if they accept the Items, or be seen as having accepted the Items, or do nothing.
Where the Renter chooses for the Items to be delivered and the Items do not match those ordered or are faulty to the extent that they cannot be worn, the Renter must notify the Lender within 4 Hours of receipt.
To return Items being rented or leased, Members independently agree on the transaction of return and must follow the instructions agreed upon. Members must return any disputed Items immediately upon receiving them. In circumstances where the Items are not faulty and they correspond to the Order, the Renter is not entitled to any refund, exchange or credit note.
The Renter shall pay for the costs of delivery or any other associated costs when returning the Items.
We strongly advise You to send all returned Items in a secure manner as advised to you from time to time. Any returned Items must be insured for the full amount of the sum paid and signed for on delivery.
Neither us nor the Lender shall be responsible for any lost or damaged Items. Therefore, You are advised to retain the proof of postage certificate for any Items returned.
On an Exceptional Return, where You decide that You will not wear any Items that You have ordered, postal costs for returned Items will be Your responsibility, and you must notify the Lender immediately upon receipt of the item, and then adhere to the dispute resolution process contained in these Terms and Conditions.
If a refund is determined payable, then the Owner will refund the Buyer or Renter directly.
If you are a Lender, you agree, that if it has been determined that a refund is payable to the Renter, and, if you have already been paid for your rental fees by Us, then you are responsible to refund the Renter if so directed by Us.
If you are a Renter, and you do not return your dress by the designated return date, you will be liable for late fees. Late fees are either calculated by the discretion of the Owner but their terms must be agreed on by all parties before the transaction. Late fees are also subject to a Lender’s own rules, which are provided to you prior to booking a clothing item.
DAMAGED OR MISSING CLOTHES
If you are a Renter, you agree, that you are liable for any damage that is caused to the clothing item, or if the item is missing, stolen, or not returned satisfactorily. Owners are authorised to apply and retain a deposit for any Item damage, or for any repair, or for any insurance excess payable (if any), or for any other costs associated with the clothing damage. If a deposit has not been provided by you, or if your deposit does not cover all the costs related to the dress damage, then you are authorised to commence legal recovery, or take any action whatsoever, for any such outstanding costs and any applicable damages, plus legal costs, against You. If we form the view that the dress has been stolen or fraudulently obtained, then you acknowledge that we may involve Government authorities against You.
If you are a Lender, you agree that although we may carry out security measures for a Rental Booking and use our best endeavours for recovery, we cannot ultimately guarantee the recovery of your clothing or it’s cost and any related costs or damage, in the event that it is damaged or missing.
You agree to receiving marketing material from us.
In the event of a dispute, Members must always first contact each other in good faith, and with every intention of satisfactorily resolving the dispute with each other.
If a dispute cannot be resolved by the first step indicated directly above, then Members must contact Us within 48 hours of the dispute arising and provide details of the dispute, including when the dispute first arose. Our contact details are available on the Clothes for Sale Website.
You agree, whether you are either a Seller, Lender or a Renter, that any final decision by Us, in relation to a dispute of any kind whatsoever, is binding on you and all parties to the dispute.
Whilst we have taken all due care in providing the information on our Website, we do not provide any warranty, either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
We also take all due care in ensuring that our Website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Website or any linked Website.
From time to time we may host third party content on our Website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
No guarantees of the functioning of the service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
Schedule 2 of the C&C Act; and
those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
We will repair or replace the goods or any part of them that is defective; or
Provide again or rectify any services or part of them that are defective; or
Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.
In that regard:-
If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
BUSINESS SELLERS AND LENDERS
It is a term of promoting the listings of our Business Sellers or Lenders (those with a Boutique Membership) on our Website, that Businesses must not advertise at a lower price with any other advertising means and must always keep their clothing availability information up to date.
It is a violation of our Terms and Conditions to:
recruit or otherwise solicit any Renter, Lender or other Member to join third-party services or Websites that are competitive to Clothes for Sale, without Clothes for Sale’s prior written approval;
use Our Website to find a Buyer, Renter or Lender and then complete a booking independent of the Website, in order to circumvent the obligation to pay any Service Fees or for any other reason.
LIMITATION OF LIABILITY
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
We do not participate in any way in the transactions between our users.
Person(s) consigning their Items to a Lender for renting to Renters, are known as a Lender, but where applicable, may also be referred to as a Non-Managing Lender. Person(s) having items consigned to them by a Non-Managing Lender for renting to Renters are known as a Lender, but where applicable, may also be referred to as a Managing Lender.
When a Non-Managing Lender consigns their Item for renting to Renters, to a Managing Lender, they give all controlling rights to a Managing Lender and permit a Managing Lender to carry out all renting duties, including deciding on who and what terms the Item is rented, and give the Managing Lender an entitlement to share in Rental fees.
Notwithstanding the acceptance to adhere to the dispute resolution process within these Terms and Conditions, both the Non-Managing Lender and the Managing Lender acknowledge that the agreement to consign is between themselves and Clothes for Sale is simply facilitating the transactions via its Website.
The Non-Managing Lender and the Managing Lender acknowledge that all consignment lending must be done using the Clothes for Sale Website and apps, and that the Managing Lender, upon acceptance of these Terms and Conditions. only has authority to Lend a consigned dress via the Clothes for Sale web.
The Non-Managing Lender acknowledges, that neither the Managing Lender or Clothes for Sale is responsible for any loss and damage to the dress, or any damages whatsoever relating to the consignment of the item for lending.
If a dispute arises in connection to consignment of an Item for lending, both the Non-Managing Lender and the Managing Lender acknowledge that they agree to be bound by the dispute resolution process in these Clothes for Sale Terms and Conditions.
CLASS ACTION WAIVER
By accessing our Website, you agree to waive all rights to any class action against Us.
By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website.
If a Force Majeure event causing delay continues for more than thirty (30), we may terminate this Agreement by giving at least seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These Terms and Conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.
If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and Conditions and the remaining provisions will remain in full force and effect.
We endeavour to take all due care with any information which you may provide to us when accessing our Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we endeavour to take reasonable steps to preserve such information in a secure manner. By accessing or using this Website you hereby agree to abide by all relevant Privacy Laws at all times. Clothes for Sale will use and deal with any personal information collected in accordance with the Privacy Act 1988 (Cth) and the applicable Australian Privacy Principles (APPs).
RIGHTS OF CONTENT
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.