Terms of service
CUSTOMER TERMS AND CONDITIONS
About:
In these Terms and Conditions "we" and "us" mean Yours & Mine Melbourne – ABN 70 842 187 720 of 318 Glenferrie Road, Malvern, VIC 3144 Australia and "you" means you the customer. These Terms and Conditions together with your Order of the Products or services available from this site is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and consigning/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Payment and Processing:
We currently accept Mastercard, Visa, American Express and Paypal only. In store we accept Mastercard, Visa, American Express and Cash.
Processing Payment:
Payment processing will not begin until we receive all the information we need from you in order to do so. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday to Friday, excluding Victorian Public holidays. We process credit card, PayPal payments only after you click the "Purchase" button. For payment by credit card, Paypal we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase. All prices quoted on our website and other social media platforms are in Australian Dollars (AUD) and all orders are processed in Australian Dollars (AUD). Please be aware that you may be required to provide further identification for additional security reference checks.
Condition:
Our products are preloved and sold in “as is” condition, including colour, style, design features, and sizing. We have made every effort to display the as accurately as possible on our website and across our social media platforms. Please ensure you review the item thoroughly online or in store. Each product sold online is quality checked before shipping to ensure you receive the item in the same condition as displayed for sale online.
Returns Policy:
All sales of the Products are final, and WE DO NOT ACCEPT RETURNS except where the Product is obviously faulty, defective or different from the Product as displayed or described.
Please note: we are unable to return a product based on sizing, fit or it’s described pre-loved condition. All items are preloved every brand's sizing and fit varies.
Stock Supply:
In the unlikely event that the Product has been sold, is out of stock or otherwise unavailable, we notify you by email and will refund the sale price together with any shipping charges paid by you within three (3) business days.
Your Data:
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Fraud – credit cards:
We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
When you elect to pay for your Order by either a credit card or Paypal you may be sent an email from us requesting further information, such as a copy of your credit card and driver’s license for identification. After verification by us this information will be destroyed. If you do not provide the requested information within seven (7) days, your Order will be cancelled, and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card and Paypal account holders from online fraud.
Australian Consumer Law Guarantees:
Consumer guarantees apply under the Australian Consumer Law. Nothing in these terms and conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.
CONSIGNOR’S TERMS & CONDITIONS
SUPPLY OF ITEMS
All items are supplied by you to Yours and Mine Melbourne on a consignment basis and we agree to hold your items for 4 weeks from the date the items are supplied to us. Once the rental period ends, any unsold items can be collected, extended or we can donate them on your behalf.
AUTHENTICATION
For Luxury goods, we require that you provide us with either a valid original receipt of purchase and/or a valid certificate of authenticity for any item/s supplied to us for sale. At all times we reserve the right to arrange for further independent authentication for any item supplied for sale, at the cost of the consignor.
PHOTOGRAPHY
The items supplied by you may need to be worn to be photographed for on our website and/or social media platforms. In so doing, we will use our best endeavours to treat each item with the utmost care.
COMMISSION
All item or items supplied by you to us are on consignment, and once the items sell the commission earned by YOU is 50% of the final sale price less GST.
PAYMENTS
Commission payouts are made on the 1st and 3rd Tuesday of every month.
Throughout the consignment period, we will send you an email when an item is sold, listing item/s sold and the commission to be paid to you based on the final sale price. You can also monitor sales via our Seller Portal.
LOST OR STOLEN
During the agreed consignment period, Yours and Mine Melbourne takes full responsibility for any of your items which may be lost, stolen or damaged whilst in our care, custody and/or control. In the unlikely event that this occurs, you will be paid an amount equivalent to the commission based on the prospective agreed sale price for the item/s less 35%.
DISPLAY OF ITEMS LISTED
The items supplied by you will be displayed in our Malvern East brick-and-mortar store. Please note that not all items supplied will be listed for sale online and/or on our social media. At all times we reserves the right to determine, in our absolute discretion, how, where and on what platform we display the item/s for sale.
OUR CONSIGNMENT CONDITIONS
Seller keeps 50% of sale price, less GST
If you wish to determine your pricing:
Once you have booked your Consignment Appointment, you will receive an email with a form for you to list and price your garments/accessories. It includes a short description including: BRAND NAME, STLYE, COLOUR, SIZE AND PRICE.
When pricing your items, please consider the brand, age, quality, style, seasonality, and demand for the item to ensure maximum saleability. We recommend viewing other resale sites online for an indicative price. We are happy to provide guidance if you are unsure of how to price your items.
On the day your Consignment Appointment, we review and select pieces. Not all items will be accepted.
You can follow your sales on our online consignor portal. You will receive 50% of sale proceeds less GST.
Whilst we do inspect the items before they are placed in store, from time to time, we may miss or not see minor stains or damage, ie small hole/s, marks, running threads, faulty zipper, fallen hems etc and we will offer the customer a 10% discount. We may also elect to have the item cleaned or request you collect it.
Your items will be in store for 4 weeks. At the end of this period you can extend, collect or we can donate the items on your behalf.
WEBSITE TERMS OF USE
SECTION 1: OUTLINE
These Platform Access Conditions govern your use of and access to the Platform.
By using the Platform, you agree to these Platform Access Conditions.
If you do not agree to the Platform Access Conditions, you may not use the Platform.
We may change, vary or modify all or part of these Platform Access Conditions at any time in our sole discretion.
If we adopt new Platform Access Conditions:
we will post the new Platform Access Conditions on the Platform; and
they will thereupon apply to your use of and access to the Platform through your acceptance of them by subsequent or continued use of the Platform.
It is your responsibility to check these Platform Access Conditions periodically for changes.
If you object to any variation to these Platform Access Conditions, your only remedy is to immediately discontinue your use of the Platform.
By using the Platform, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
As long as you comply with these Platform Access Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
These Platform Access Conditions were last updated on 26 July 2022.
SECTION 2: PRIVACY
The Privacy Policy applies to your use of the Platform and its terms form an integral part of these Platform Access Conditions.
The Privacy Policy may be changed from time to time and is effective immediately upon posting such changes on the Platform.
The Privacy Policy can be found on the Platform.
You acknowledge and agree that transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Platform (where permitted) may be read or intercepted by others.
SECTION 3: PRODUCTS & SERVICES
The Products & Services Conditions apply to purchases of Products and/or Services and, where relevant, to the use of specific portions or features of the Platform (as may be relevant).
You agree to abide by such Products & Services Conditions.
Our obligations, if any, with regard to the Products & Services are governed solely by the Products &Services Conditions pursuant to which they are provided and nothing on the Platform should be construed so as to alter such Products & Services Conditions.
We may make changes to any Products & Services offered on the Platform, or to the applicable prices for any such Products & Services, at any time, without notice (except as may be applicable under relevant Products & Services Conditions).
The Content on the Platform with respect to Products & Services may be out of date and we make no commitment to update such Content on the Platform.
Products & Services Conditions may be changed from time to time and are effective immediately upon posting such changes on the Platform.
SECTION 4: ACCESS TO PLATFORM
While we use reasonable endeavours to ensure that the Platform is available continuously, we do not make any representations, statutory guarantees or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits.
The Platform and its Content is delivered on an as-is and as-available basis.
Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control or simply because we wish to do so.
Except as expressly provided otherwise in the Platform Access Conditions, we reserve the right to change or discontinue any website, page, functionality, feature or service (or part thereof) on the Platform at any time.
We cannot ensure that any files or other data you download from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features.
SECTION 5: CONTENT
The Platform contains Content that is protected by our Intellectual Property Rights.
Except as expressly provided otherwise in any relevant Products & Services Conditions, you do not have any right, title or interest in or right of use of any Content on the Platform.
Except as expressly provided in these Platform Access Conditions or any relevant Products & Services Conditions, no part of the Platform or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.
You may however use information within our Products + Services purposely made available by us for downloading from the Platform, provided that you:
do not remove any proprietary notice language in copies of such documents;
use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
make no modifications to any such information.
SECTION 6: USE OF THE PLATFORM
You must not:
use the Platform in breach of any applicable laws or regulations;
use the Platform (or Content obtained from the Platform):
a) to transmit (or authorise the transmission of) "junk mail," "chain letters”, unsolicited emails, instant messaging, "spimming," or "spamming";
b) to impersonate any person or entity;
c) to solicit money, passwords or personal information from any person;
d) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
e) for any unlawful purpose;
SECTION 7: THIRD PARTY WEBSITES + ADVERTISING
The Platform may feature or display links and pointers to websites operated by third parties, which are provided solely as a convenience to you. Such websites do not form part of the Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such website, you leave the Platform entirely at your own risk.
The Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of the Privacy Policy.
SECTION 8: EXCLUSIONS & LIMITATIONS
No warranty or representation is given and we will not be liable for:
alterations to or interference with the Platform;
damage, loss or failure caused by unusual or non-recommended use or application of the Platform; or
loss caused by any factors beyond our control.
We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) of whatever nature howsoever arising in connection with the Platform.
SECTION 9: GENERAL
Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, conduct in connection with the Platform and any breach or alleged breach of these Platform Access Conditions.
Lawful purpose: You shall ensure that the Platform is used by you only for lawful purposes and in accordance with any applicable laws.
Binding: These Platform Access Conditions shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Platform Access Conditions. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Platform Access Conditions without our prior written consent.
Severability: Each clause in these Platform Access Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
Governing law: These Platform Access Conditions shall be governed by the laws of each state and territory of Australia.
SECTION 10: DEFINITIONS
Defined terms: In these Platform Access Conditions, unless otherwise provided, the following terms shall have their meaning as specified:
Affiliated Entities means our subsidiaries, affiliates, Related Bodies Corporate, associated entities and relevant partners as the case may be or the context requires from time to time.
Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Material means any material in which you have Intellectual Property Rights provided by you for use on the Platform or in the production, development and supply of the Products + Services to you including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material.
Platform Access Conditions means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.
Platform means www.tradinginstyle.com (as applicable).
Privacy Policy means the privacy policy of Trading in Style as amended from time to time, the most relevant one for the purposes of this document being as found on the Platform.
Products + Services means the supply of products or services of or by Trading in Style or its Affiliated Entities from time to time.
Products + Services Conditions means relevant and applicable terms and conditions for the supply of Products + Services.
Related Bodies Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).
SECTION 12: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 13: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 14: - CONTACT INFORMATION
If you have any questions about the Terms of Service, these should be sent to us at