Welcome to The Wardrobe Store website (“Website”). These terms and conditions provide the foundation to promote respectful and fair trade between all parties. Please read them with care.
The Website is offered to you by The Wardrobe Store Pty Limited ABN 31 131 622 458 (“TWS”). Your use of this Website is expressly conditioned on your acceptance without modification of the terms, conditions and notices contained herein ("Agreement"). By accessing and using the Website in any manner, you agree to be bound by the Agreement. If you do not accept all of these terms and conditions, please do not use the Website.
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of the Website signifies your acceptance of the updated or modified Agreement. In light of this, please ensure that you return to this page periodically to review the most current version of the Agreement.
Contents: 1. WHAT IS THE WARDROBE STORE? 2. MEMBERSHIP 3. USE OF THE WEBSITE 4. LISTINGS AND CANCELLATIONS 5. PURCHASING AND ORDERING 6. RISK AND TITLE 7. RESPONSIBILITIES AND OBLIGATIONS OF THE INDEPENDENT PURCHASER 8. RESPONSIBILITIES AND OBLIGATIONS OF THE INDEPENDENT SELLER 9. NEWSLETTERS AND E-MAIL COMMUNICATIONS 10. DISCLAIMER 11. LIMITATION OF LIABILITY 12. CONTENT AND SUBMISSIONS 13. INFORMATION REGARDING GOODS 14. DELIVERY OF GOODS FACILITATED BY TWS 15. PRIVACY 16. LINKS TO THIRD PARTY WEBSITES 17. RETURN OF GOODS FROM TWS MEMBER TO TWS MEMBER 18. RETURN OF GOODS FROM TWS TO TWS MEMBER 19. GENERAL
Specifically:
1. WHAT IS THE WARDROBE STORE?
1.1 The Wardrobe Store is a business that allows people and retailers to purchase and sell pre-owned clothes, shoes and accessories.
1.2 You may transact on the Website using one, or a combination, of the following services:
(a) Consumer Direct Service
The Consumer Direct Service allows TWS Members to upload goods to the Website and sell their goods directly to other TWS Members.
The TWS Member is responsible for the sale and will set the price for the goods. TWS does not take a commission on Consumer Direct Service sales. The TWS Member responsible for selling the goods will only pay to TWS the 28 Day Listing Fee every 28 days for the listing, as set out in our Fees & Payment Policy.
(b) Designer Service
The Designer Service allows designers to sell their designer samples and stock.
The TWS Member is responsible for the sale and will set the price for the goods. TWS does not take a commission on Designer Service sales. The TWS Member responsible for selling the goods will only pay to TWS the 28 Day Listing Fee every 28 days for the listing, as set out in our Fees & Payment Policy.
(c) Retailer Service
The Retailer Service is for stores wishing to sell stock through another channel (both branded stores and 2nd hand stores)
The TWS Member is responsible for the sale and will set the price for the goods. TWS does not take a commission on Retailer Service sales. The TWS Member responsible for selling the goods will only pay to TWS the 28 Day Listing Fee every 28 days for the listing, as set out in our Fees & Payment Policy.
(d) Butler Service
The Butler Service allows people to sell their designer branded clothing - such sales are directly facilitated by TWS.
The process for using the Butler Service is as follows:
(i) you register as a TWS Member, indicating on the registration form that you wish to use the Butler Service.
(ii) you send your pre-owned, branded goods to TWS with details of the items.
(iii) TWS will undertake a quality control review of all goods provided by you to ensure they are, in TWS’s sole discretion, of saleable quality. In the event that the goods provided by you are determined by TWS to not be of saleable quality, such goods will be returned to you via courier at your cost or donated to charity. You will designate on the Butler Registration Form which of these options is acceptable to you, and you are required to provide this form at the time of forwarding your goods to us. The Butler Registration Form is downloaded from the Website.
(iv) if it is determined that the goods are of saleable quality, TWS will photograph and prepare a description of the goods and will post the goods to your TWS Membership at the price set by TWS.
(v) all goods will be displayed for 8 weeks or until sold.
(vi) at the end of this period, if the goods have not been sold, you consent to the goods being removed from the Website and store and donated to charity or returned to you via courier which must be prepaid by you. If you do not contact TWS, within this period, we agree to donate the goods to charity.
(vii) if the goods are sold, TWS receives 50% of the selling price. TWS will retain 5% of the selling price to cover administration costs (Paypal commissions, Secure Pay commissions, Credit card commissions, Bank fees, Internet servers and hosting fees).
Client commissions reflect the Butler service you select:
i. Delivered to TWS Sydney premise Client receives 45% commission of the selling price,
ii. Butler Personal Service - collected from your premises: Client receives 40% commission of the selling price, Butler receives 5% fee for service.
(viii) TWS will receive payment for the goods from the Independent Purchaser.
(ix) TWS will comply with its return policy set out at Clause 18 and retains the right to deal with the return of any goods purchased through the Butler Service in accordance with that policy.
(x) A purchase of goods by a TWS Member through the Butler Service is considered finalised 30 days after the payment is received by TWS for the goods. This accounts for any returns issues. TWS will pay your percentage of the sales amount at the end of this 30 day period.
(xi) you are responsible for the payment of any taxes or duties associated with the money you receive from the sale of your goods.
(xii) if it is believed or otherwise determined that any goods provided by you were misrepresented by you or were fraud, counterfeit or stolen, you are responsible for all costs arising from the aforementioned including, without limitation, management time, courier costs for the goods to be picked up from the purchaser, handling, and any damage to the reputation of TWS.
(xiii) when you purchase goods using the Butler Service, you will be transacting with TWS.
(xiv) Clothes will only be taken into stock on the basis that the owner accepts all risk of loss or damage while their clothes are in the shop. TWS will however, exersize all reasonable care, while your items are managed by TWS.
Stock that is not collected within 3 months will be generously donated to one of our charities, no exceptions. The women’s refuges we support greatly appreciate all clothing.
TWS promotes fair trade, environmental consciousness and social responsibility. TWS have selected charities that reflect TWS’ values for a better world. In order to assist their charters, TWS sells celebrity goods to raise money for the charities within TWS’ charter. On receipt of celebrity stock, TWS facilitate the listing, the promotion, the sale and the delivery of these goods. Costs DIRECTLY associated with this sales process are subtracted from the sale price and then 100% of the profit goes to the charity.
When you purchase goods using the Charity Service, you will be transacting with TWS.
(together the “Services”).
1.3 Whenever you sell or purchase goods using the Consumer Direct Service, the Designer Service or, the Retailer Service you will be transacting with another TWS Member. TWS does not have any control over and will not be liable to any purchaser (“Independent Purchaser”) or any seller over whom TWS has no control (“Independent Seller”).
1.4 TWS is NOT an auction house, nor a shop - TWS is a forum that promotes honest trade on behalf of the TWS Members.
2. MEMBERSHIP
2.1 Any visitor to this Website is welcome and you may browse through the goods listed, however, if you wish to make a purchase you must register as a TWS Member. The Services available through this Website are available to TWS Members only. Membership is a privilege, not an entitlement, and TWS reserves the right to change its Services or to suspend, terminate or restrict your membership at any time.
2.2 Membership is free.
2.3 In order to sell or purchase goods displayed on the Website using any of the Services, you must register as a member of TWS on the Website and provide the details requested on the membership registration. Once you have received confirmation by email of the receipt of your registration details you will be a member of TWS (“TWS Members”) and be able to sell or purchase goods on the Website (“TWS Membership”).
2.4 The details required to complete your registration include, without limitation your:
(a) name and ABN (where applicable) (personal, company or business);
(b) billing address;
(c) telephone number;
(d) delivery address;
(e) email address; and
(f) username and password details.
2.5 In addition to the above, if you also wish to sell goods through the Website using the Consumer Direct Service, the Designer Service or the Retailer Service, you must also provide your credit card or PayPal details for payment of the relevant fees associated with such services. If you also wish to sell goods through the Website using the Butler Service you must also provide your bank account details so that TWS may deposit any amounts by way of Electronic Funds Transfer.
2.6 As a TWS Member you are obliged to keep all your information provided to TWS accurate at all times. TWS accepts no responsibility for information you do not receive, or sales that cannot be processed, due to your information being incorrect.
2.7 Failure to provide the requested information, or providing false or incomplete information, may result in:
(a) your being unable to complete your membership registration;
(b) your being unable to use the Services or receive goods purchased; and/or
(c) termination, suspension or restriction of your membership.
2.8 Membership is non-transferable. You must not allow others to use your TWS Membership and must not transfer or sell your membership account details to another person (either temporarily or permanently).
2.9 The security of your TWS Membership (in particular, your username and password) is your responsibility. TWS assumes that any transaction that is conducted using your username and password has been authorized by you and TWS will not be liable in the event that another person gains unauthorised access to your membership account using your username and password. You are liable to complete any transaction that is conducted using your username and password, regardless of whether this transaction has been authorized by you. You must notify TWS immediately if you have reason to believe that there has been unauthorized use of your username and password.
2.10 TWS cannot guarantee the credibility of the TWS Members as, in rare circumstances, some TWS Members may falsify their details. In this event TWS can accept no responsibility for such actions, but encourages TWS Members to inform TWS by writing at info@thewardrobestore.com
2.11 Because user identification on the Internet is difficult, TWS cannot and does not confirm each member's purported identity. Thus, we have established a member-initiated feedback system to help you evaluate the member you choose to deal with. We also encourage you to communicate directly with potential trading partners through the tools available on our Website.
2.12 Listing and selling goods on our Website incurs fees and costs which are set out in our Fees and Payment Policy which is located at http://www.thewardrobestore.com/fees . When you list your goods you have an opportunity to review and accept the fees that you will be charged for the use of our Services.
Termination of Your TWS Membership by You
2.13 You may cancel your TWS Membership at any time, provided that you are not currently involved in any incomplete transactions on the Website.
2.14 If you have been notified that an Independent Seller or TWS has accepted your offer to purchase any goods displayed on the Website, you may only close your TWS Account when that sale has concluded and when payment of the relevant amount has been received and TWS has received confirmation from the Independent Seller that this is the case .
2.15 To cancel your membership – simply notify TWS by email and we will delete your account. That being said, as there are no fees associated with membership – your membership may stay dormant and incur no fees until you wish to transact again in the future.
Termination of Membership by TWS
2.16 Without limiting other remedies available to TWS at law, in equity or under this Agreement, TWS may, without notice to you and in its sole discretion issue you with a warning, restrict your use of the Website, temporarily suspend, indefinitely suspend or terminate your membership in the following circumstances:
(a) you have, or TWS believes that you have, breached this Agreement;
(b) you have, or TWS believes that you have, failed to act in accordance with the spirit of this Agreement;
(c) TWS is unable to verify or authenticate any information that you provide to it;
(d) you provided false or misleading information to TWS (for example, when registering or updating your details);
(e) TWS suspects or believes that your actions may cause loss or damage to, or otherwise unlawfully harm, you, any TWS Members, third parties or TWS;
(f) TWS suspects or believes, or is informed by a government authority, that you have engaged or may engage in fraudulent activity using, or otherwise in connection with, your use of the Website; or
(g) TWS suspects that you are a previous TWS Member whose membership was suspended or terminated who has re-registered under another alias.
2.17 You will have no claim against TWS in respect of any decision by it to restrict, suspend or terminate your membership. If your membership is terminated by TWS, you will not be permitted to re-register as a TWS Member.
3. USE OF THE WEBSITE
3.1 As a condition of your use of the Website, you warrant that:
(a) you are at least 18 years of age;
(b) you possess the legal authority to create a binding legal obligation;
(c) you will use the Website in accordance with this Agreement;
(d) the information you supply in your registration (or other information that TWS may require) is accurate and is kept up to date at all times;
(e) when listing or purchasing goods, you will be required to provide payment particulars (banking details, credit card channels etc) and you represent and warrant that the payment details you provide are both valid and accurate and you confirm that you are the person referred to in the information provided;
(f) you will not use the Website for any purpose that is unlawful or prohibited by this Agreement;
(g) if you have a TWS Account, you will safeguard your TWS Account information and will supervise and be completely responsible for any use of your TWS Account by you and anyone other than you.
3.2 The content and information on the Website is proprietary to TWS or the Independent Seller (where appropriate). You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from the Website. In addition, you agree not to:
(a) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
(b) access, monitor or copy any content or information on the Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;
(c) take any action that imposes, or may impose, in the discretion of TWS, an unreasonable or disproportionately large load on our electronic infrastructure;
(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website including;
(e) post or transmit any material that, in the sole discretion of TWS, may be considered to be unlawful, threatening, defamatory, obscene or indecent or any material that, in the sole discretion of TWS, could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time.
4. LISTINGS AND CANCELLATIONS
4.1 Each listing provided through the Customer Direct Service, the Designer Service and the Retailer Service will be valid for a period of 28 consecutive calendar days, unless the relevant goods are sold within that period.
4.2 For details of the listing period in relation to the Butler Services, please see paragraph 1 above.
4.3 If the seller nominates continuous sales periods, at the end of each 28-day period the sellers' account will be automatically debited per good for a further period of 28 days, until the relevant good is sold or otherwise removed by the seller. It is important that the seller is aware that the listing will be automatically renewed and that this notification will be advised via email 7 days prior to the event. It is the responsibility of the seller to access email and stop this renewal if required.
4.4 Once a listing is registered and confirmed, that listing may not be cancelled or a refund claimed and the seller acknowledges and agrees that there will be no right to cancel the listing for the specified period under the laws in your jurisdiction.
4.5 Members are encouraged to list as many goods as they wish to sell. TWS reserves the right to remove any goods that it believes, acting reasonably, are in breach of this Agreement, or to edit the description, without prior warning or refund to the seller.
4.6 If the seller is using the Consumer Direct Services, the Designer Service or the Retail Service, the seller will have the opportunity to change details on the listing, i.e. images and descriptions to help enhance the saleability of the relevant goods at any time during its listing period.
4.7 The seller is prohibited from displaying or selling any counterfeit, fake or inferior goods through the Website.
4.8 All returns policies are provided and implemented by the seller of the listed goods. All issues relating to this are to be handled by the seller with the buyer direct.
5. PURCHASING AND ORDERING
General
5.1 The information contained on this Website constitutes an invitation to treat by the relevant Independent Seller or TWS and is not capable of acceptance by you. Any purchase made or order placed by you shall be deemed to be an offer made by you to purchase the goods subject to these conditions.
5.2 Upon making an offer to purchase any of the goods displayed on the Website, your contact details will be provided to the Independent Seller so that you may finalise the transaction. TWS or the relevant Independent Seller is then able to accept the offer at their discretion .
Purchasing Goods
5.3 Through the Website you purchase goods from either;
(a) A Third Party
The Consumer Direct Service , the Designer Service and the Retailer Service allows TWS Members to upload goods to the Website and sell their goods directly to other TWS Members; or
(b) TWS The Butler Service and the Charity Service purchases are directly facilitated by TWS.
5.4 Following acceptance by the relevant Independent Seller or TWS of your offer to purchase the good(s), TWS will send you an order summary. The order summary will be sent to the email address specified on your Registration Form. The order summary contains the following information.
(a) order number;
(b) date of order;
(c) description of goods ordered;
(d) status of the order (paid or unpaid);
(e) payment method and payment details;
(f) price of the goods:
(g) cost of Freight.
(“Order Summary”)
5.5 The details contained in the Order Summary will also be automatically posted in your “My Account” section on the Website. Upon receipt of the Order Summary, it is up to you and TWS or the Independent Seller to complete any and all necessary transactions. The seller will be supplied the contact deatuls of the buyer complete the transaction communication.
5.6 Additional terms and conditions may apply to your purchase of goods from Independent Sellers. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Independent Seller with whom you elect to deal, including, but not limited to, payment of all amounts when due. You understand that any breach by you of any such Independent Seller’s terms and conditions may result in cancellation of your purchase.
5.7 It is the responsibility of the purchaser to study the refund and returns policy of each Independent Seller (if any) before committing to a purchase. Any returns or cancellations of the sale are the sole responsibility and subject to negotiations between the purchaser and Independent Seller and TWS cannot accept responsibility or liability for any stage of the purchase. This includes, but is not limited to, handling disputes, returns or damaged goods whether in transit or at any other time.
5.8 Except Butler Service and Charity Service transaction where TWS transacts directly with the TWS Member, TWS is not involved with any third party (including, but not limited to, couriers, insurance service providers etc) to any transactions that take place through this Website or between TWS Members.
5.9 In the case of the Butler Service and the Charity Service, on behalf of the relevant TWS Member, TWS reserves the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to particular goods, that the goods ordered are out of stock or does not satisfy our quality control standards and is withdrawn, or that you have not provided all relevant, correct and complete information when registering your TWS Membership.
5.10 TWS may refuse to allow a transaction to be processed for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing or removing any goods from the Website whether or not the goods has been sold; editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5.11 All transactions between TWS and TWS Members are to be completed within 7 days of the offer being made to purchase the good by the TWS Member. Should the sales process exceed this time, TWS reserves the right to relist the product. .
6. RISK AND TITLE
6.1 In relation to the Butler Service:
(a) the risk in the goods provided by the TWS Member shall be borne by the TWS Member until the goods are received at a TWS warehouse. When the goods are received at a TWS warehouse and until the goods are shipped from the TWS’s warehouse, the risk in the goods is borne by TWS. Risk passes to the Independent Purchaser immediately upon departure of the goods from TWS’ warehouse; and
(b) title to the goods shall remain with the Independent Seller or TWS and shall not pass to the buyer until the buyer has discharged all outstanding indebtedness to the Independent Seller or TWS whatsoever in relation to those goods.
6.2 In relation to the Charity Service, TWS will retain title to the goods until the Independent Purchaser has made payment in full for those goods, but all risk in the goods will pass to the Independent Purchaser immediately upon departure of the goods from the TWS warehouse.
7. RESPONSIBILITIES AND OBLIGATIONS OF THE INDEPENDENT PURCHASER
7.1 If you make an offer for goods for the sale price by selecting the ‘buy it now’ option, and you receive notification that the Independent Seller has accepted your offer, you must complete the transaction unless the transaction is prohibited by law or by this Agreement.
7.2 TWS will use its best efforts to notify you, that you are the successful purchaser and provide you with the Order Summary. You must have a current email address and it is your responsibility to review this notification. However, even if you do not receive the Order Summary you are still responsible for the completion of the transaction.
7.3 By purchasing goods you agree with TWS and/or the Independent Seller (whichever the case may be) to be bound by the conditions of sale included in the description and sellers terms of trade, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement, any of the Independent Sellers condition of sale or unlawful.
7.4 TWS takes no responsibly for any Independent Purchasers and will cease membership of any TWS Member on formal notification of inappropriate activity at the discretion of TWS.
8. RESPONSIBILITIES AND OBLIGATIONS OF THE INDEPENDENT SELLER
8.1 When listing goods for sale on the Website or providing goods to TWS in connection with the Butler Service and the Charity Service, you warrant that you own all right, title and interest in the relevant goods and that you are legally entitled to sell such goods.
8.2 You must describe your goods fully and accurately and include all terms of sale on the listing page of the Website. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of the goods, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed goods must be listed in an appropriate category. All terms and conditions of sale must be clearly identified in the listing and must comply with the relevant law.
8.3 All goods must be genuine – any fakes, forgeries, counterfeit or damaged goods are prohibited on this Website.
8.4 If you receive the sale price stated during your listing, you must complete the transaction unless there is an exceptional circumstance, such as:
(a) the purchaser fails to meet the terms of your listing (such as payment method); or
(b) you cannot authenticate the purchaser’s identity.
8.5 The content and information uploaded, displayed or communicated by you must:
(a) not be false, inaccurate or misleading or deceptive;
(b) not be fraudulent or involve the sale of counterfeit or stolen goods or goods which you are not legally entitled to sell;
(c) infringe any third party's proprietary rights or intellectual property rights or their rights of confidentiality or privacy;
(d) infringe any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be potentially or actually harmful to TWS or any third party, where “harm” includes, but is not limited to non-economic loss that will or may be suffered by TWS.
8.6 Independent Sellers are required to make all necessary GST payments, and meet other taxation requirements, as required by Australian or international laws. TWS accepts no responsibility for GST, or other taxation payments that are required to be made by an Independent Seller following sales facilitated by the TWS Website.
8.6 TWS takes no responsibly for any Independent Purchasers and will cease membership of any TWS Member on formal notification of inappropriate activity at the discretion of TWS.
9. NEWSLETTERS AND E-MAIL COMMUNICATIONS
If you choose to receive communications and Newsletters from TWS when registering as a TWS Member, we may use your e-mail address to send you communications about surveys, contests, sweepstakes, promotions, or other opportunities.
10. DISCLAIMER
10.1 The information listed on the Website by TWS is provided by TWS in good faith and on an “as is” basis. Your use of this Website is at your sole risk. To the best of TWS’ knowledge, the information listed on the Website by TWS is accurate and current. However, TWS and any of its directors, officers, employees or consultants do not make any representation or warranty as to the accuracy or completeness of the information listed on the Website by TWS.
10.2 To the fullest extent allowed by applicable law, TWS accepts no liability for the results of statements and guarantees, made expressly or that you imply, for example implied warranties of merchantability and fitness for a particular purpose. TWS makes no warranty that this Website, any information or ideas contained on this Website or any goods or services will meet your requirements.
10.3 We make no warranty that your use of this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Website.
10.4 You expressly acknowledge and agree that TWS does not control other TWS Members, the providers of information or content to this Website or the suppliers of goods and services purchased from this website, and TWS is therefore not liable for their conduct, content or information, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
11. LIMITATION OF LIABILITY
11.1 To the maximum extent permitted by law, in no event shall TWS be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Website or with the delay or inability to access, display or use the Website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, goods, and services obtained through the Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if TWS.
11.2 If, despite the limitation above, TWS is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of TWS will in no event exceed, in the aggregate, the greater of:
(a) the service fees you paid to TWS in connection with the relevant transaction(s); or
(b) One-Hundred Dollars (AU$100.00).
11.3 The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in this Agreement are for the benefit of TWS.
11.4 In all arrangements involving the direct provision of services by third parties, TWS accepts no liability of any kind in connection with or arising from such an arrangement.
11.5 To the extent permitted by law, any liability of TWS in connection with Services or goods supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation, at the election of TWS be limited to:
(a) in relation to goods, the repair of the goods (where practicable), the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
(b) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again by TWS.
Goods sold on the TWS Website are often one of a kind, or extremely rare, so replacement of goods is often unlikely to be an appropriate option.
12. CONTENT AND SUBMISSIONS
12.1 Please be aware that by submitting content to TWS, uploading information to the Website or engaging in any other communications through the Website you grant to TWS a universal, non-exclusive, royalty free, perpetual, transferable, sub-licensable and irrevocable right to:
(a) use, reproduce, modify, adapt, publish, translate, distribute, display, create derivative works from and otherwise communicate to the public such content and information throughout the world in any form, media or technology; and
(b) use the name that you submit in connection with such content or information, if TWS choose.
12.2 You acknowledge and agree that the content and information transmitted by you is non-confidential and non-proprietary. TWS takes no responsibility and assumes no liability for any content or information uploaded, posted or submitted by you. TWS has no obligation to display your content or information and TWS reserves the right at TWS’ absolute discretion to determine which content and information is published.
13. INFORMATION REGARDING GOODS
13.1 Whilst TWS makes every reasonable effort to present accurate information on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. TWS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to describing the goods, pricing and availability.
13.2 TWS have done its best to display as accurately as possible the colours of the goods listed by TWS in the Butler Service and the Charity Service as shown on this web site. However, because the colours you see will depend on your monitor, TWS cannot guarantee that your monitor's display of any colour will be accurate.
13.3 For goods displayed through TWS, TWS or the Independent Seller (where applicable) are obliged to use best endeavours to accurately reflect the measurements and dimensions of the goods. The buyer must consider the branded size as the best indicator of the size, in accordance with designer normal dimensions – and use the measurement as guide only. These measurements are not exact.
13.4 TWS also reserves the right to limit quantities (including after you have submitted your order). TWS apologises for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
13.5 Prices of goods and services, postage and handling fee, and other charges displayed on the Website are current at the time of display. These prices are subject to variation without notice.
13.6 TWS Members should refer to the delivery information, terms of trade and refund information as included by the Seller as posted on the online listing before making an offer to purchase the goods.
14. DELIVERY OF GOODS FACILITATED BY TWS
14.1 Delivery is paid for by the purchaser. Terms are set within the goods listing description. For delivery for members facilitated by TWS in Australia, TWS has chosen Australia Air Express freight forwarding supplier to ensure you receive your goods safely and quickly. If Australian Air Express is unavailable to transport your items, TWS reserves its right to use another company.
14.2 When purchasing goods through the Butler Service or the Charity Service, TWS facilitates delivery of your goods to the address stated on the Member Summary. If the goods cannot be delivered to the address notified, the carrier will leave a card requesting you to collect at their nominated pickup point, or to telephone to arrange a suitable time and date for delivery. Redirection or redelivery incurs a fee of $8.00 per parcel. This is an automatic charge imposed by the courier company and must be paid by you. In light of this, you must ensure that the goods are sent to a delivery address where the goods can be receipted and signed for.
14.3 For delivery outside Australia, TWS has chosen Australian Post freight forwarding supplier to ensure you receive your goods safely and quickly. If Australia Post is unavailable to transport your items, TWS reserves its right to use another company.
14.4 TWS will use its best endeavours to ensure that shipping occurs within 3-7 business days from the date that your payment is received by TWS.
14.5 Redirection or Redelivery charges will be the responsibility of the purchaser and will be automatically debited from the debit card facility provided. You acknowledge and agree that TWS does not need to contact the purchaser to do this.
14.6 You must give a written acknowledgement upon delivery of the goods.
14.7 You will be sent a link to Australian Air Express or Australian Post to enable you to check the current status of your shipment if this service is available from that company. TWS accepts no responsibility for the accuracy of that information.
14.8 It is the responsibility of the purchaser of goods to observe any import or exportation laws that may be applicable in their jurisdiction and the Website accepts no liability for actions arising there from.
14.9 TWS accepts no responsibility or liability for any postage costs incurred during any transaction or loss of goods in the post.
14.10 TWS is not responsible for delivery of TWS Members’ goods through the Consumer Direct Service, the Designer Service or Retailer Service as in those purchases the responsibility is to be agreed between the Independent Seller and the Independent Purchaser.
15. PRIVACY
We believe in protecting your privacy. As a user of the Website and any service or facility on this Website, you agree and consent to TWS using, including sharing with third parties as required during the transaction process, your contact information (i.e. your name, e-mail and physical / postal address and / or other contact details) as set out in our Privacy Policy. Please click here to review our current Privacy Policy to understand our practices Privacy Policy.
16. LINKS TO THIRD PARTY WEBSITES
The Website may contain hyperlinks to websites operated by parties other than TWS. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from TWS or other websites) is free of such elements as viruses, worms, Trojan horses, defects and other elements of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
17. RETURN OF GOODS FROM TWS MEMBER TO TWS MEMBER
17.1 For goods that are displayed through the Website in connection with the Customer Direct Service, Designer Service or the Retailer Service you must refer to the returns policies (if any) of the Individual Seller.
18. RETURN OF GOODS FROM TWS TO TWS MEMBER
18.1 This returns policy ONLY applies to goods that are purchased by a TWS Member through the Butler Service or the Charity Service. Such goods are clearly marked as being a ”Butler Service” or “Charity Service” in the Description.
18.2 In relation to goods displayed through the Butler Service or the Charity Service, if you have any questions concerning such goods that is not answered in the details listed and displayed on the Website, please send your question to us and we will use our reasonable efforts to respond as soon as possible.
18.3 To the extent permitted by law goods will only be considered for return if there is a valid and AGREED defect, damage or fault in relation to the goods.
18.4 Goods must be unworn, unmarked and must not be damaged in any way and the Quality Assurance Tag must not be removed and in the reasonable opinion of TWS, be intact, undamaged and must hot have been tampered with or, to the extent permitted by law, such goods will be deemed unreturnable.
Returns Procedure
18.5 You must contact TWS within 24 hours of receipt of purchase. To the extent permitted by law, if notification is not received within 24 hours, it will be assumed that the TWS Member is completely satisfied.
18.6 To the extent permitted by law, upon notification by TWS to TWS Member requesting further clarification on any goods being returned and TWS Member does not reply within 48 hours, TWS reserves the right to terminate return.
18.7 All returns are subject to review by TWS to verify the goods have not been damaged or the Quality Assurance Tag removed while in the TWS Member’s possession.
18.8 Acceptance of any return should first be agreed in writing.
18.9 TWS will provide you with a Return Stock Approval number.
18.10 TWS Member will be emailed a Return Stock Approval number to their email address with instructions on returning the goods.
18.11 Goods being returned must be sent by a cost effective receipted service so the goods are not mislaid. You may decide to insure the delivery of the goods. TWS takes no responsibility for the goods until they have been receipted by us. A clear record should be kept of the shipping date.
18.12 Postage and insurance is the responsibility of the purchaser – unless fault is found – at which point postage will be refunded.
18.13 Goods should be postmarked as having been returned within 7 days of when a Return Stock Approval number is emailed to you.
18.14 When returning goods, they should be properly packaged to arrive back in the exact condition in which they were sent
18.15 Notification of safe receipt of returned goods will be sent by e-mail and the agreed refund will be made within 14 days of receipt.
Charity Returns – Celebrity Goods
18.16 Charitable goods are sourced from reputable sources and are believed by TWS to be authentic. As they are being sold in aid of charitable causes we will only accept returns if it is proven they are counterfeit or a required by law.
Shoes
18.17 All shoes should be tried on a carpeted surface before wear. Shoes should be returned in their original, undamaged shoe box as this is considered part of the goods. Shoes that are returned without boxes or in damaged boxes may not be accepted, and may be sent back to the TWS Member.
19. GENERAL
19.1 This Agreement is governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
19.2 TWS may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
19.3 You agree that no joint venture, partnership, employment, or agency relationship exists between you and TWS or any of its suppliers as a result of this agreement or use of the Website.
19.4 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of the Website or information provided to or gathered by us with respect to such use.
19.5 If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
19.6 You alone, and not TWS, are responsible for ensuring that your listing, purchasing and selling and any other activities conducted on our Website are lawful. You must ensure that you comply with all applicable laws in Australia and other countries.
19.7 If a dispute arises between one or more TWS Members, each of you forever release TWS from any claims, actions, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
19.8 This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TWS with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19.9 Unless otherwise specified, all prices quoted and sales transactions and fees are in Australian Dollars and inclusive of GST (if any). Calculation of the GST included in sales to Australian TWS Members (if any) is the responsibility of the TWS Member who is responsible for selling the relevant goods. Where duty becomes payable on arrival of goods to a TWS Member these costs must be covered by the TWS Member receiving the goods.
