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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:
-
the ownership of any item;
-
the accuracy or truth of listings;
-
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;
-
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:
- 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.
- 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.
- 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).
- All items listed must be in clean condition.
- If any conditions apply to your listing, they must be stated clearly
in the listing.
- 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.
- 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.
- You may not use the Website to promote items for sale outside the
Website, or for any purpose other than selling or swapping clothes.
- 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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