28/04/2015 - Terms & Conditions for Use and Sale
1. LEGAL TERMS
The website modsie.com.au is the property of the Company Mode Connection Pty Ltd, registered in Queensland with the Australian Company Number (ACN) 604 365 577 and the registered business name Modsie. Its business location is 601/70 Macdonald Street, Erskineville, NSW 2043, Australia. Contact: [email protected] Modsie manages the website modsie.com.au available at the following URL: http://www.modsie.com.au
The following terms have the meanings described below when used hereafter: Buyer: means the User who is buying or intending to buy a Product on the Website. Commission: means the percent and/or minimal amount Modsie will receive on the Price of a Product that is sold on the Website by a User. The Commission is included in the Price paid by the Buyer and displayed on the Product page. Order: means the situation that takes effect when a Buyer pays a Product online. The ownership of the Product is transferred once the Product has been controlled compliant by our Quality Control team. Product Information: means the verbal and visual description of Product, given by its Seller on the Products page and in the Product listing. Profile Information: means the information related to Users; such as their User name, list of Products to sell, picture and shop description. Price: means the amount paid by the Buyer when completing an order, this amount includes the Product Price but does not include the Shipping costs. Product: means a product that a Seller is selling on the Website or that is directly being sold by Modsie Products listing: means all the Products that are available for sell on the Website Seller: means the User who is selling a Product online, which has been sold yet or to be sold. Shipping Costs: means the participation the Buyer pays for the shipment of their Product from the Seller to Modsie and from Modsie to the Buyer, including the packaging fees. Website: means the Modsie website accessible at the following address: http://www.modsie.com.au User: means any individual, legal entity or Business Seller registered and identifiable on the Website or any visitor to the Website. Administrative fees: means all the fees linked to the packaging of a Product, the shipping costs, processing and storage of the Product. Enterprise Seller: means a Seller who carries on a business, that is different from a hobby, and that might have to pay taxes. $: means Australian Dollar (AUD).
As soon as an User creates an account on Modsie and when using the Website, they agree to the Terms & Conditions. Modsie provides an online marketplace service to it’s Users to get into contact with each other on the website modsie.com.au; with the view to selling and buying second-hand clothing goods such as bags, shoes, clothing, and accessories. Modsie acts as a trusted intermediary agent between two Users. Its Users allow Modsie to process Order payments and to transfer it, minus a Commission, to the Seller once the Product has been received by Modsie and verified to be authentic and compliant. Modsie does not act as a reseller of the Users’ Products and does not become the owner of the Products. Modsie can also list its own Products for sale.
4. PERSONAL DATA
5. INTELLECTUAL PROPERTY RIGHTS
IP Rights of Modsie: Modsie’s Website, pictures, images, and content is protected by copyrights and/or brands. Any form of reproduction of the Website without our consent is prohibited. IP Rights of Users: As soon and as long as Users have an account, all pictures (of themselves or of Products) and comments that are posted by themselves on the Website can be used, modified, reproduced, and deleted, for free, by Modsie (E.g. in its Newsletter, social media pages, advertising etc.). IP Rights of third parties: Users agree not to use any material, pictures, images or comments in their Profile, Product pages, comments that would infringe a third party’s intellectual rights. For any external links displayed on the Website, Modsie is not responsible for their content. Pictures, images and video on the Website may also be protected by copyright of third party that Modsie is bound with. In the case where a third party claims for intellectual property rights infringement by an User, the User agrees to compensate Modsie, its directors, employees, agents and suppliers from all claims, liability, damages, losses, costs and expenses that we incur from any intellectual property infringement claims by a third party.
6. REGISTERING ON THE WEBSITE
To register on the Website, the User must create an account using their email address and a password or by using Facebook Connect. When using an email address to register, the User must complete all mandatory fields in the registration form and provide complete and accurate information. The mandatory fields include their email address and a password. When using Facebook Connect, the User allows Modsie to access some information from their Facebook account, including their first name, last name, Facebook ID, email address, gender, date of birth, profile picture, friends list and other information that is publicly available on their Facebook account. As soon as a User submits a Product to sell on the Website, they agree to be paid with PayPal and to provide their PayPal account details. A copy of the User ID can be asked and the account can be suspended or closed still its reception is pending. The User must be at least 18 years of age have full legal capacity to buy and sell products on the Website. The User agrees to update the information provided to Modsie in a timely manner, especially their name and delivery address and PayPal account address. The User alone is liable for any consequences arising from their failure to update their information. The User name and the password are strictly personal and confidential. The User agrees never to share their user name and password and will be liable for the consequences of the use of their account, even without their knowledge, by anyone using their user name and password. The registered User is the only person allowed to access the Website using their user name and the password. The User agrees not to give anyone access the Website using their identity or their user name. The User will notify Modsie if they are aware that someone else is accessing the Website with their user name and password. The User agrees not to register under a user name infringing any third party rights. The User will not use a user name or profile picture infringing any intellectual property rights, any registered trademarks or any company name. Modsie reserves the right to, or to ask the User to, delete or modify its user name.
7. CHARTER OF GOOD CONDUCT
All Users of the Website agree to use the Website in a fair and considerate manner, in conformance with laws and good moral standards. All Users agree not to post or use user names, pictures, comments and descriptions that are against good moral standards and laws, nor photography or comments with inappropriate content (such as threatening, aggressive, improper, indecent or defamatory content). All Users of the Website agree not to disclose any of their contact details and personal data (names, phone, email and postal address etc.) to other Users via pictures, comments, shop description or User names. Users also agree not to enter into contact outline of the Website with other Users with the aim of completing a transaction for a Product listed on the Website. Modsie reserves the right to delete any such content posted on the Website and in certain cases, may close the offending User’s account. Modsie is not responsible for content posted on the Website by Users and may ask for compensation from offending Users for claims on threatening, aggressive, improper, indecent or defamatory terms.
8. BUYING PRODUCTS
Completion of an Order: When the Buyer completes the check-out process and pays for a Product sold by an other User, they are deemed to have completed an order and will be held to this purchase until we have received the Product and submitted it to its Quality Control, in a maximum delay of 15 working days. The ownership of the Product is transferred from the Seller to the Buyer once the Product has been received by us and declared compliant. By clicking on the "I’ve read and accept the terms & conditions" checkbox button during the checkout process, the User accepts fully and without reservation all of these Terms and Conditions. When a Buyer orders multiple Products from different Sellers in a single Order, each product purchase by the Buyer is independent from each other. If a Product within the order have not been fulfilled (not shipped or not declared compliant) by a Seller, the Buyers other purchases do not lapse, and are binding. Also, when a Buyer orders several Products at the same time, they agree that their Order will be shipped to them only when i) all Products have been received by us and passed Quality Control, or ii) 15 days have passed and we have not received all products from their Sellers and no tracking number has been given to us by the Seller (the Buyer will be refunded for the Products we haven’t received). Product unavailability: In the case of a Product not shipped by the Seller under 15 days or in the case of a Product declared non-compliant, the Order is cancelled and the Buyer will be refunded. Also, as Products are unique, the availability of Products has to be confirmed for each Order received and if a same Product is subject to several Orders, the first Order will be taken in consideration. To ensure additional safety for the Buyer and the Seller, any Order can be subject to phone verification or a request for supporting documents (e.g. photocopy of an ID). These documents must be sent by fax, email or mail to Modsie to validate the Order that cannot be shipped until receipt of the documents. In the absence of receipt of such proof within 72 hours, the order can be cancelled.
9. SHIPPING COSTS
9.1 Shipping costs for a Buyer: When completing an Order, the amount paid by the Buyer includes the Product Price set by the Seller and the Shipping Costs set by Modsie which are outlined in this section.
- Within Australia, the Shipping costs per Product are:
- Accessories: $8.90
- Bags, Shoes, Clothing: $14.90
- For all international shipping, the Shipping costs are calculated based on the Products dimensions and weight based on Australia Posts shipping rates.
- Address lines – must be aligned left.
- First line – to contain the words “Return Paid” followed by the Return Paid number allocated by Australia Post.
- Second and third lines – “Attention” or reference details appear below the Return Paid number and the organisation name.
- Second last line – to contain the post office box address or the street address.
- Bottom line – to contain in the following order: the locality (or the post office name), the state or territory abbreviation and the postcode. This line is to be printed in CAPITALS with no underlining or punctuation of any sort. Leave one or two spaces only between the locality, state or territory abbreviation and the postcode.
10. PAYMENT FOR AN ORDER
11. SELLING PRODUCTS
The Seller ensures that any Product posted for sale corresponds to an actual Product that is available; that they own all the rights on and that they are entitled to sell. The Seller agrees to only post for sale Products that are in a very good, good or fair condition (gently used) and to give sufficient information about its condition in their description. In the case of a Product received by Modsie that would not comply with the description that have been given about it (for example condition of use, seize, colour, dimensions etc.), the Seller can be asked to reduce their Price of a 10% discount or the Order can be cancelled. In the case of a discount of 10%, the Buyer can accept or refuse this discount and the order will be cancelled if refused. When the Order is cancelled, the Seller will be asked to pay the Shipping Costs for the return of his Product in addition to the administrative fees for a total amount of $30. Guidelines can be given to help the Seller to describe their Product. The description of the Product must be true and accurate and free from misrepresentations and do not mislead the Buyer. The Seller agrees and is only allowed to post Products that are compatible with Australian law, public peace, public decency and sensibility of minors. The Seller also agrees and is only allowed to post Products that are compatible with the rights of third parties, including intellectual rights and selective distribution networks. Before being added in the Products listing, each Product Page will be monitored by Modsie in a reasonable timeframe. Modsie may ask the Seller to provide additional pictures or information such as proof of authenticity, proof of purchase of the Product. If Modsie have doubts about the authenticity or availability of a Product, it reserves the right to decline posting it for sale. The Seller agrees that all the pictures they will put in their Product page will be pictures taken by themselves of their Product proposed for sale. Modsie reserves the right to delete any pictures, which appear not to have been taken by the Seller, from the Website. Determination of the Price: The Price is determined by the Seller and under their responsibility. However, Modsie reserves the right to ask the Seller to reduce or elevate their Price, for example if the Seller has overpriced their Product. If the Seller specifies the retail price of his Product or an estimate of it, that retail price is not verified by Modsie and will not be taken into consideration while evaluating the conformity of a Product to it’s description and will not constitute an error. The size guidelines of Modsie are only given as general information. Sizes and equivalences may vary from brand to brand. Users must ask the Seller if they want more information about the product size and equivalences. Only the size indicated on the Product is taken in consideration for its Quality Control. The Seller is responsible and is alone liable of the fulfilment of their obligation to inform the Buyers of the Product’s essential features. Modsie is not liable for the description of the Seller’s Product even if it is made with regards to its description form. Modifying, deleting a Product Page: If the Seller wants the Price of their Product to be modified, or wants to add pictures or details to their description, they can do it going in My Account > My Products. Any modification must be done respecting all the conditions of these Terms and Conditions. Modsie reserves the right at its entire discretion to refuse Products for sale on its Website. Modsie notifies the Seller of Orders of their Products by email and on their account. A confirmation of the Orders is also sent to Buyers. The Seller agrees to ship the Product as soon as possible and within 15 days after their Product has been ordered. Modsie will send a prepaid label with the delivery address to the Seller. The shipment with this label is free for 7 days following the order. If the Seller does not use the label within 7 days following the Order, the shipment cost will be deduced from the Seller’s payment. The label is only available within Australia. For Sellers who ship Products from outside Australia, the shipment to Modsie is done under their responsibility and at their expenses. The Seller must pay customs fees and, if a Product is received and Modsie has to pay the Customs fees, they will be deduced from the Seller’s payment. If after 15 days the Product has not been shipped and the Seller has not contacted Modsie, the Order is cancelled and the Buyer will be refunded via the same payment method used for the order. Option of a direct sale to Modsie: When submitting a Product to sell, the Seller agrees that Modsie can buy the Product at the Price the Seller has chosen and agrees that Modsie can sell it after on its own name and at a different Price. Enterprise Seller: A Seller who acts as an enterprise regarding the Australian law is responsible of the taxes they have to pay. Concerning the Goods and Services Tax (GST), Sellers who are carrying on an enterprise and whose annual turnover exceeds $75,000 are required by the legislation to register for GST. Sellers required to pay the GST agree to include their GST in the Product Price that appears in their Product page and in the Products listing. No GST will be added t their Product Price once their Product has been sold. All Products listed online are GST inclusive when GST is applicable.
12. THE QUALITY CONTROL
With the Quality Control process, Modsie makes their best efforts to ensure that the Product complies with its description given by the Seller (for example: size, colour, material, condition, product type, brand) and is an authentic Product. After being checked by our team, the Product is declared compliant or non-compliant. When the Product is compliant, the ownership of the Product is transferred to the Buyer and will be shipped by Modsie to its Buyer. Users agree that in a contract between a Buyer and a Seller, the ownership of the Product will be transferred from the Seller to the Buyer when and if Modsie declares the Product compliant. When the Product is non-compliant:
- Modsie sends a message to the Buyer and Seller, exposing the reasons why the Product has been declared non-compliant. Modsie can ask the Seller and Buyer their agreement for a reduction of the Price. The Buyer can accept the Product with a reduction that can’t exceed 10% of the Product Price. The Commission of Modsie will be then calculated on the Product Price after the deduction of the 10%.
- The non-compliance is substantial, or the Product is counterfeit, then the Order will be cancelled and the Buyer refunded by Modsie.
Delivery to the Buyer: The Product is considered shipped once it has been delivered to Australia Post. Once the product is received by the Buyer, they must check the content and integrity of the parcel and must make any justified complaints, or even refuse the parcel if it is likely to have been opened or if it shows obvious signs of deterioration. The said reservations and complaints must be addressed to Australia Post by registered letter (with acknowledgment of receipt) within three working days of the delivery of the parcel; a copy will be addressed to Modsie.
- When the Seller is Modsie or when the Product is in Modsie’s Office for Consignment: The Products own by Modsie or located in our office, have already been declared compliant with their description and have already been declared authentic. They will be shipped under 48h after receiving the payment, the parcel will then be delivered under the Post carrier delay
- When the Seller is a User who has the Product in his possession: the Seller must ship the parcel under 15 days maximum following the reception of the payment by Modsie. Once received by Modsie, the Quality Control will be made as soon as possible (out exception of counterfeit question) and then the parcel will be delivered under the Post carrier delay.
14. RETURNS AND REFUNDS
14.1 For Products sold by Users or for Consignment sale Products: When a Product is being sold by a User on Modsie, no returns are accepted with the exception of an error in the delivery or of substantial non-compliance of the Product, such as broken when received. In the case of a Product received by the Buyer that is non-compliant: The Buyer has 2 days after the receipt of the Product to contact Modsie. The Buyer must explain why the Product is non-compliant and can be asked to add pictures to their messages. In case of a return accepted, the Product must have its label attached. The shipment is done on the Buyer’s expenses and under their responsibility. A second inspection of the Product will be done, if the non-compliance is justified the Buyer will be refund of the Product Price, Shipping Costs and return shipping cost. If the non-compliance is not justified, the Buyer will be asked to pay 14$ for their Product to be shipped back to them, the Order will not be refunded, nor the Shipping costs. After the 2 days of receiving the Product, no returns are possible. Modsie uses its best efforts to fight against counterfeiting, however if the Buyer receives a counterfeit good, the Seller will have the obligation to refund the Buyer via Modsie. If the Seller does not refund the amount within 7 days, Modsie may exchange personal data between Buyer and Seller so that the Buyer can take the appropriate legal actions. If the Seller has not refund the Buyer and/or Modsie, they agree that the amount can be taken on their next sales. 14.2 For Products sold by Modsie: The Products being sold by Modsie are of second-hand and therefore have already been used. For its Products Modsie strives to accurately describe the Product giving the more features and to signal the signs of wear (pictures or text). When the Product is bought to Modsie (not including Product that are in Consignment that are not Modsie’s property) it can be returned under 7 days and must not have been used or damaged. The Product must be returned with its label and in the same condition as it has been shipped to the Buyer. Modsie reserves the right not to accept the return of Products that present a higher condition of use than when they have been shipped and received by the Buyer. In the case of a used or damaged returned Product, Modsie reserves the right to refund the Buyer less all amounts corresponding to the compensation and/or reparation of this damage, or not to refund the Buyer who will then have 1 year to pay the Shipping cost for their Product to be shipped back to them. The returns are done under the Buyer’s responsibility and at their expense. For all cases, the Buyer must first contact Modsie regarding returns before returning a product. Information regarding the return, if accepted, will be given to them. If in these conditions, the Product is returned to Modsie, the refund will be done under 15 days, including Shipping Costs only in the case of error or a faulty Product. The refund of the Shipping Costs is based on the price of a Regular shipment. As Products are all unique, replacements and repairs are not possible.
As an intermediary between the Seller and the Buyer, Modsie also provides a Consignment sale service for its Sellers. The Seller has the same obligations as outlined previously for a classic Sale, especially regarding their rights on the Product they submit for sale and the legality of the Product. The Consignment service permits a Seller to ship their Product to Modsie who will manage the creation of a product page to list it in the Products listing. This includes stocking, pictures, description, choice of price, posting comments and answers to other Users. 15.1 Submitting Products for Consignment on the Website To add a Product in the Website’s Products listing with the Consignment service, the Seller must fulfil the online application form relating to their Product. Once all the information asked has been transmitted, the application will be examined and selected, on its own opinion, by Modsie. If Modsie selects a Product, the Seller will receive an email with a proposition of price at which the Product will be listed for sale online. The Seller will have to approve or reject this price. If the Price is accepted, Modsie will send a prepaid label to the Seller that they can send the Product to Modsie. The shipment is done under the Seller responsibility. The Seller must take a further guarantee for his shipment if they want a guarantee (see article 8.2.) 15.2 Quality Control The Product received will be submitted to the Quality Control to check its authenticity and the compliance with information that has been given by the Seller. If the Product is not compliant, Modsie can propose the Seller a lower Price or can reject the Product. If the Product is rejected and if the Seller wants their Product to be shipped back, they will be asked to pay the Shipping Costs and administrative fees for an amount of 30$. If the Product is not taken under 6 months, Modsie will become its owner. 15.3 Expiry of the Consignment service contract The contract for Consignment service expires after 6 months. Modsie never becomes the owner of the Product during the contract of Consignment. After 4 months, the Seller agrees Modsie to reduce the Price of their Product if it has not been sold yet. This reduction can be made up to 30% of the initial Price. The Seller agrees Modsie to use the Product, its pictures, description on its Website, advertises, social platform, video and any communication done by itself or by a partner. Modsie cannot guarantee the Product will be sold during its Consignment and has no liability if the Product has not been sold. If the Seller wants their Product to be shipped back to them and to terminate the Consignment contract before its end, the Seller will have to pay Shipping Costs and administrative fees for an amount of $30.
- The contract is not renewed automatically, even if after the expiry date the Product is still online. After the 6 months, the Seller has 6 months to recover their Product paying the Shipping Costs and administrative fees ($30). The Seller agrees that when their Product is in Modsie’s office, the Product can be sold under the Consignment conditions and commission.
- Fees: For the Consignment service, the Commission of Modsie will be 30% of the Price the Product has been sold on the Website.
- Date of payment: The Seller is paid within 7 days following the shipment of their Product to the Buyer.
16. RECEIVING PAYMENTS AS A SELLER
All payments are made in Australian dollars (AUD) to the Sellers PayPal account. Receiving payment for a Classic sale: The Seller allows Modsie to receive, in their name and on their behalf, the transaction Price via the secured electronic payment system on the Site or by any other means set up by Modsie at a later date. The Seller now waives / cannot do any claims regarding amounts related to the immobilization of the amounts received by Modsie in their name and on their behalf on the occasion of an Order. The Seller allows Modsie to take a Commission on the Product Price, which corresponds to a 20% of the Product Price with a minimum of $25. The Seller does not owe the Commission if the Order is cancelled because the Product has not been received after 15 days or if the Product has been declared non-compliant (See administrative fees and shipping cost for the return of the product, $30). Shipping costs paid by the Buyer are not included in the Commission. Moment of payment of the Seller: To be paid the Seller must enter their PayPal account information via My Account > Seller Info. Once the Product has been received and declared compliant by Modsie, the Seller is owed the transaction Price minus the Commission. Payments are made within 7 days following the Product being declared compliant. The Seller agrees to pay all fees linked to the use of PayPal (such as PayPal’s commission and conversion fees).
Users can terminate their contract with Modsie and close their account at any time and without a cause. Any incomplete transactions or payment liabilities that exist at the time of any such termination must be completed. Modsie can at any time and without cause, in its sole and absolute discretion, suspend or close a User account.
Modsie acts as a trusted intermediary between the Users of its Website and is not part of the sale agreement between Buyers and Sellers. The Buyer and Seller agree that the ownership of the Product will be transferred under the condition that the Product is declared compliant. The Buyer and Seller agree that if the Product is declared non-compliant, the order will be cancelled. Modsie cannot ensure that the Seller or the Buyer will conclude the transaction. In the case of a dispute, Modsie reserves the right to communicate their respective email addresses to the Buyer and the Seller. Modsie has no control over the quality, the safety or the legality of the Products posted on its Website, the accuracy or the truthfulness of the Users or Posts. Modsie will not be held liable for the contents, the actions or non-action of its Users, nor can it be held liable for the Products posted for sale. Modsie reserves to right to suspend temporarily or permanently, without notice or compensation, access to the Website to any User, especially if a User does not respect the Terms and Conditions. Modsie cannot be held liable and excludes any guarantee in cases, including but not limited to, loss of revenue, loss of reputation, or consequential or induced damages resulting from or related to the use of the Website. In the case of an action against Modsie, and if its liability is engaged, its liability cannot exceed the highest of the following amounts: the amount of the Commissions of the Product concerned by the issue for a Seller, or the amount of the concerned Product Price for a Buyer, or 500 AUD. Modsie is not liable for any content post by a User. Modsie is not liable for any fraudulent use of a User account and password. Modsie is not liable for the contents of website which links are on the Website. In the case of any claims by third parties, all damages, losses, liabilities, and costs and any legal expenses linked to the use or misuse of the Website by a User an/or breaches of the Terms and Conditions by a User and/or a violation of any law and/or an infringement of the rights of third parties by a User, the User agrees to cooperate as required in the court of law and to indemnify Modsie. Modsie is not liable for any loss or damages to parcels that are shipped by the Seller to us or for parcels that are returned to Users. In case of an interruption of the Website, the Users and Modsie’s obligations are suspended. Examples of interruption: force majeure, strike, technical failure, blocking or issues related to Modsie’s computer equipment, the software used by Modsie or the Internet network, and in case the Website is disrupted. Modsie cannot guarantee that the Website is free of errors and viruses. Modsie is not liable for post comments, pictures, description, User names, and comments of Users that are done under their responsibility. Modsie is not liable regarding the legality of Products on its Website; Sellers are responsible for their Products. Modsie is not liable for any tax that should be paid by Users to the Administrative Tax Office and is not expected to give any advice, control or information about this. The taxes that Users might pay on their sales are their own responsibility.
19. OBLIGATIONS REGARDING THE WEBSITE
Modsie will do everything possible to permit 24h/day and 7/week accessibility on the Website but is not responsible of events such as force majeure, or others events out of its control. Modsie cannot guarantee the permanent and uninterrupted access, availability or accessibility of the Website, its contents or services. The Users agree that technical interruptions may happen without notice.
This Terms and Condition apply to all Users and all Orders, they may be modified and Users has to read and accept them each time they use the Website, post a comment, register, sell or buy a Product. If a visitor does not want to be bounded by this Terms and Conditions, they must not use and go on the Website. Failure by the User of obligations under these Terms and Conditions, especially regarding any incident of payment of the price of an Order, may result in denial of this User on the Website, without prejudice to any damages that may be sought to Modsie. Consequently, Modsie reserves the right to refuse any Order from a User with whom there is such a dispute. If Modsie might tolerate contrary actions to these Terms and Conditions, it does not mean the Terms and Conditions have been modified. Applicable law: These Terms and Conditions are interpreted and executed according to the Australian Law in force in the state of Queensland. In case of a dispute between Modsie and a User, Australian courts located in Queensland will only be competent. Before legal action, Users shall contact Modsie to find an amicable solution. If any provision of the Terms and Conditions are or become invalid, the others provisions remain applicable.