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Terms and Conditions

 

World Wide Wardrobe Ltd

Terms and conditions of the use of the World Wide Wardrobe Website
October 6, 2009

 

Terms & Conditions: Welcome to World Wide Wardrobe!

The World Wide Wardrobe Website (the Website) is an online venue through which members can swap or sell clothes or related items displayed in their virtual wardrobes.

These terms and conditions (from now on we’ll just say ‘the terms’) govern the relationship between World Wide Wardrobe Ltd, and those who use the Website.

Acceptance of these Terms and Conditions: You must read and agree to be bound by the terms prior to use of the Website. Registering as a member requires you to agree to be bound by the terms. If you do not agree to the terms you must not use the Website.

Occasional amendments: Occasionally, we may have to change the terms. All changes will be posted on the Website. Members should check the terms periodically. You can access the terms through the ‘Terms and Conditions’ link that appears on the homepage. Continued use of the Website after any changes will show that you agree to be bound by the amended terms.

Of particular importance: You should read all of the terms before registering as a member. In particular, however, you should note the following matters:

The website is a venue for members to buy, sell, and exchange items to and with one and other. World Wide Wardrobe Ltd provides the website, but is not otherwise directly involved in transactions between members. World Wide Wardrobe Ltd is not an auctioneer or an agent of either of the parties to a sale or swap and does not hold legal title to any goods listed on the Website.

World Wide Wardrobe Ltd does not normally review postings by members.

World Wide Wardrobe Ltd make no representations and gives no warranties in respect of any exchange or sale conducted through the Website, and shall in no way be liable for any products sold or and exchanged through the Website. More particularly still, World Wide Wardrobe Ltd gives no undertakings, representations, or warranties about:

  1. the ownership of any item;
  2. the accuracy or truth of listings;
  3. whether an item acquired through the website will meet any member’s expectations or be fit for the purpose for which they have acquired it;
  4. the ability of members to complete a sale or exchange.

World Wide Wardrobe Ltd will make every reasonable effort to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website and is not liable for any damages, loss, costs or expenses incurred as a result of any lack of availability or accessibility of the Website at any time for whatever reason.

Registering as a Member:

You must provide accurate and current personal information when you register as a member, including your name, contact details, and a physical address, and you must keep that information current. World Wide Wardrobe Ltd will use this information only in the ways set out in the section ‘Protecting your information’ below.

Individuals will normally be allowed to have only one registered membership. Any individual seeking multiple memberships must obtain consent from World Wide Wardrobe Ltd.

In order to register as a member, you must be capable of entering into a legally enforceable contract. In New Zealand, Australia, and the United Kingdom, this will require among other things, that you are 18 years old or older. When you register you give an undertaking that you can enter a legally enforceable contract. It is your responsibility to check if there is any reason, whether age or otherwise, that means you cannot do so.

Membership is free, though some activities attract a fee. See Wardrobes and Fees below.

Wardrobes and Fees:

Every member will be able to maintain one Wardrobe on the website. There is no limit to the number of items a member may list in their wardrobe.

Items must be listed in appropriate categories. Items may be listed in more than category, provided it is clear it that it appropriate to do so.

Members are highly encouraged, but not required, to include photographs of items listed in their wardrobe. There is no charge for the first photograph of any item in a member’s wardrobe. Additional photographs will attract a fee of NZ$0.20c each.

The first five items listed in a member’s wardrobe will attract no fee. Items beyond five will attract a fee of NZ$0.20c per item.

Sales of items for less than NZ5.00 will attract no fee. Items sold for more than $5.00 will attract a fee of 4% of the sale price. The sales fee becomes payable immediately when a buyer agrees to purchase goods through the World Wide Wardrobe site. See Sales and Swaps below

General Stuff:

  1. All listings and communications through the Website must be made in good faith and be consistent with the fundamental purpose of the Website, namely the selling or swapping clothes and related items.
  2. You may not list anything on the website for sale or swap that you are not legally entitled to sell or swap, because, for instance, you do not have title to the item, or because it is a fraudulent copy which breaches a third parties’ intellectual property rights.
  3. You must provide an accurate description of the items that you are listing on the website. You must clearly indicate the condition of the item. (World Wide Wardrobe Ltd does not guarantee the accuracy of any information provided by members).
  4. All items listed must be in clean condition.
  5. If any conditions apply to your listing, they must be stated clearly in the listing.
  6. You may not use any automated means (robots, spiders, scrapers, or the like) to access the Website or information featured on it for any purpose.
  7. You may not, and may not attempt to, damage, interfere with or harm the Website or any network, or system underlying or connected to it.
  8. You may not use the Website to promote items for sale outside the Website, or for any purpose other than selling or swapping clothes.
  9. You may not complete transactions initiated through the Website outside of the World Wide Wardrobe process where doing so means that World Wide Wardrobe Ltd is deprived of fees to which it would otherwise be entitled.

Security of Logon Information: When you register as a member, you will create an account with a specific username and password. You are responsible for anything done under that username and password. You must ensure that no one else uses your user name or password, and you must not access the website under any other user name or password. You must take all reasonable steps to keep your password secret, and should not disclose it to any other person. Memberships are not transferable: they may not be sold, leased, lent or traded.

Feedback

Members are encouraged to provide feedback to allow members to assess to reliability of members using the Website.

Feedback must not contain offensive, defamatory or inappropriate language and must be a reasonable response to your dealings on the We3bsite. World Wide Wardrobe Ltd reserves the right to determine what amounts to offensive, defamatory or inappropriate language or unreasonable feedback. Feedback must relate to particular sales or swaps.

Members may not post feedback about themselves.

Feedback is provided for the sole purpose of facilitating trading between members on the Website.

Swaps and Sales

Sales: World Wide Wardrobe Ltd does not support auctions: members are required to specify a set price, though they may respond to offers. The listing of an item is an initiation to members to make offers: it may be withdrawn at any point up until an offer is made and accepted. Once an offer has been accepted, a binding contract for the sale and purchase of the items comes into being, and both parties are required to fulfill their part of the exchange.

Sales under NZ$5.00 do not attract a fee. Sales over NZ$5.00 attract a fee of 4% of the sale price. This fee becomes payable when a purchaser agrees to purchase goods through the World Wide Wardrobe site. It is a breach of the terms of membership to avoid or attempt to avoid payment of World Wide Wardrobes Ltd’s fees.

Swaps: Members may agree to swap items that are listed in their respective wardrobes. Swaps do not attract fees, other than those which may be payable for listing items and including photographs

Risks in completing exchanges:In order to complete a sale or a swap, members will need to swap personal information to allow payment and delivery. It is a condition of membership that this information be used responsibly. Exchanging personal information in this manner is unavoidably risky. Members agree to accept those risks as a condition of membership.

Once a swap or sale has been agreed, it is the responsibility of the members to ensure that the exchange is completed – ie. the goods or goods and purchase price are delivered as appropriate – in timely fashion. In normal circumstances, World Wide Wardrobe Ltd would expect an exchange to be completed within 7 working days of the agreement upon the terms of an exchange.

Refund of sales fee: World Wide Wardrobe Ltd will refund the 4% sale fee upon receipt of confirmation by both parties that goods have been returned, or upon being satisfied that a buyer has failed to complete a purchase. To request a refund of the sale fee, fill in the ‘World Wide Wardrobe Sales Fee Request Form’ to be found [here]. You will be asked for details about your communications with the purchaser. Users of the site undertake to use the refund facility in good faith. Seeking refunds to which members are not entitled is a breach of these terms

Indemnity

You agree to indemnify World Wide Wardrobe Ltd and its directors, agents, and employees, harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses resulting from any claim made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party arising out of your use of the Website.

You also agree that in the event that you have any right, claim or action against any other user arising out of that user's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us.

Protecting your information: World Wide Wardrobe collects personal information about you through your Registration and your use of the Website. You agree that World Wide Wardrobe may use this information to assist us to provide services to you and to maintain the website and the services provided by World Wide Wardrobe, where this will include verification of your identity, publication of your trading history on the Website (where you will be identified only by your World Wide Wardrobe username), and to allow World Wide Wardrobe Ltd to contact you with information about Website developments and new World Wide Wardrobe Ltd products or services. We will not allow third parties to access your personal information without your consent unless we are required to do so by law.

Ownership Rights: World Wide Wardrobe Ltd owns all proprietary and intellectual property rights in the Website including all Website design, text, graphics, icons and software. The use of this Website does not grant to any user any interest in any intellectual property rights belonging to World Wide Wardrobe or any third party. You must not, and must not attempt to, copy, publish, distribute, alter or amend this Website or any part of it, other than in the course of viewing or using this Website in accordance with these Terms.

What we can do if you breach these terms: Where you breach the terms, or where we have reasonable grounds to believe that you have done so, and without limiting any other rights and remedies available to Word Wide Wardrobe Ltd, Word Wide Wardrobe Ltd has the right to suspend or terminate your registration and ban you from the Website. Normally, we will warn you that we are considering doing so, but we not required to do so.

Governing Law:

These terms are governed by the laws of New Zealand. Members submit to the non-exclusive jurisdiction of the New Zealand Courts.

 
          
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