This page outlines the General Conditions of access to and use of the Site.
1 ACKNOWLEDGEMENT AND ACCEPTANCE OF GENERAL CONDITIONS
(a) www.bloggerscloset.com (the Site) is owned and operated by Slade Consulting Group Pty Ltd ACN 164 082 517 trading as Bloggers Closet (Bloggers Closet, we, our, us).
(c) Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in the General Conditions. Your Access to the Site constitutes your agreement to be bound by the General Conditions.
(d) We reserve the right to revise, amend and update the General Conditions at any time effective on the date of posting to the Site of the new and amended provisions. It is your responsibility to regularly check the Site to determine if there have been changes to the General Conditions and to review such changes. Your Access of the Site after an updated version of these General Conditions have been made available to the Site indicates your acceptance of the General Conditions as changes by us.
2 ABOUT BLOGGERS CLOSET
Bloggers Closet is a marketplace that allows users to offer, sell and buy clothing items, shoes and fashion accessories (Goods) in a variety of pricing formats (including by auction) and locations. As a marketplace, Bloggers Closet does not own or sell the Goods listed on the Site, so the actual contract for sale is directly between the sellers of Goods (Sellers) and buyers of Goods (Buyers). Bloggers Closet is not a traditional auctioneer.
3 BLOGGERS CLOSET ACCOUNT
(a) You may choose to register as a user of the Site and maintain an account with Bloggers Closet (Account).
(c) You are responsible for maintaining the confidentiality of your password and Account details and are solely responsible for any and all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account and ensure that you exit from your account at the end of each session when accessing the Site.
(d) You warrant that you are over the age of 18, or otherwise have the consent of your parent or guardian to open and maintain an Account and to make purchases using the Site, and are able to form legally binding contracts.
(e) We will not be liable for any loss or damage arising from your failure to comply with this section.
4 OWNERSHIP OF CONTENT ON THE SITE
(a) The materials displayed on the Site, including all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content), are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
(b) You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.
5 INFORMATION PROVIDED
(a) The Content on the Site provides general information only.
(b) We provide the Content on the Site solely to assist you to gather information about Goods, determine the availability of Goods, make legitimate purchases or otherwise transact business with Sellers. and for no other purpose.
(c) The Content may include inaccurracies or errors (including pricing errors). We do not guarantee the accuracy of, and to the extent permitted by law, disclaim all liability for errors or other inaccuracies relation to the information and description of Goods displayed on the Site (including the pricing, photographs, details of inclusions and general descriptions).
(d) We may publish reviews, comments and other submissions on the Site in connection with Sellers and/or Goods. To the extent permitted by law, we do not endorse Sellers and we shall not be taken to give any guarantees, warranties or representations in connection with Sellers and/or Goods offered by them, including by publishing such materials.
6 ACCESS TO THE SITE
(a) You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including all copyright, trade mark and other proprietary notices and all advertisements).
(b) You must not Access the Site or the Content in any manner or for any purpose which:
(i) is illegal or prohibited by any laws that apply to you;
(ii) violates our rights in any way; or
(iii) is prohibited by the General Conditions.
(e) While using or Accessing the Site you will not:
(i) post, list or upload any content which may be reasonably considered to be inappropriate for the Site;
(ii) breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
(iii) use our Services if you are not able to form legally binding contracts (for example if you are a minor) or are temporarily or indefinitely suspended form using our Site or Services;
(iv) fail to pay for Goods purchased by you, unless the Seller has materially changed the Goods’ description after you bid, a clear typographical error is made, or you cannot contact the Seller;
(v) manipulate the price of any Goods or interfere with other user’s listings;
(vi) take any action that may undermine the feedback or ratings system;
(vii) transfer your Bloggers Closet account and username to another party without our consent;
(viii) distribute viruses or any other technologies that may harm Bloggers Closet, or the interest or property of Bloggers Closet users;
(ix) use any robot, spider, scraper or other automated means to access our Services for any purpose;
(x) bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
(xi) export or re-export any Bloggers Closet application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
(xii) copy, modify, or distribute rights or Content from our Services or Bloggers Closet’s copyrights and trademarks;
(xiii) copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any Content (except for your information) from our Site, services, applications, or tools without the prior express written permission of Bloggers Closet and the appropriate third party, as applicable;
(xiv) commercialise any Bloggers Closet application or any information or software associated with such application; or
(xv) harvest or otherwise collect information about users, including email addresses, without their consent.
(f) You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.
(g) You must not use the Content for commercial purposes without first obtaining our express written authority.
7 ABUSING BLOGGERS CLOSET
Without limiting other remedies, we may, limit, suspend, or terminate our Services and user accounts, restrict or prohibit Access to and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, as well as take technical and legal steps to keep you from using our Services if:
(a) we think, in our absolute discretion, that you are creating problems or possible legal liabilities;
(b) we think, in our absolute discretion, that such restrictions will improve the security of the Bloggers Closet community or reduce our or another Bloggers Closet user’s exposure to financial liabilities;
(c) we think, in our absolute discretion, that you are infringing the rights of third parties;
(d) we think, in our absolute discretion, that you are acting inconsistently with the intent or spirit of the General Conditions or our policies;
(e) despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
(f) you fail to pay us all amounts and other fees due for our Services by your payment due date; or
(g) you breach any of the General Conditions or any of our applicable policies.
8 PURCHASE CONDITIONS
(a) In order to make a purchase of Goods you must:
(i) have an Account;
(ii) select a Seller listed on the Site;
(iii) select the relevant Goods available from the relevant Seller;
(iv) make payment for the Goods; and
(v) provide such other information as may be required as part of the registration and/or purchase process for the Site.
(b) We will send you a confirmation email to confirm your purchase has been made from your nominated Seller.
(c) You are responsible for reading the full Goods listing before making an auction bid or commitment to buy Goods.
(d) You enter into a legally binding contract to purchase Goods when you commit to buy an item.
(e) We do not transfer legal ownership of Goods from the Seller to you.
(f) You must not offer to buy Goods you found on the Site without using the Site.
9 ADDITIONAL PURCHASE CONDITIONS – AUCTION
(a) You enter into a legally binding contract to purchase Goods at the maximum value nominated by you when you submit an auction bid.
(b) If you bid on more than one item, you are required to purchase all the items for which your bid is accepted, even if they are the same or similar.
(c) Once submitted, you are unable to retract a bid.
(d) If you know the seller, you must not bid on the item with the intent to artificially increase its price or desirability. This rule applies to family, friends, roommates, employees, and online connections.
Bloggers Closet is not responsible or liable for any product returns. All sales transactions on the Site are between the Seller and the Buyer. Generally, all sales are final, however if the Buyer returns an item because it does not match the listing description, Sellers will generally be responsible for return shipping costs. All returns, if applicable, are to be negotiated exclusively between the Seller and Buyer and are to be mutually arranged between the two parties.
11 INTERNATIONAL TRANSACTIONS
(a) Many of our Services are accessible to international Sellers and Buyers. We may offer certain programs, tools and site experiences of particular interest to international Sellers and Buyers, such as international shipping calculation tools, which are provided for information purposes only for which we take no responsibility for any inaccuracies or errors.
(b) The Seller and Buyer, as the case may be, are responsible for complying with all laws and regulations applicable to the international purchase and shipment of Goods, including, without limitation, any laws in connection with customs, duties or taxation. You give the Seller your consent to disclose certain personal information as required to comply with those laws and regulations.
(c) Bloggers Closet is a marketplace venue only. We are not involved in the purchase or sale of any Goods transacted through the Site. The Seller and Buyer, as required, are responsible for all taxes (including GST, VAT and Sales Tax), duties, fees or other charges relating to the supply of goods or services generally and/or the international supply of goods or services.
(d) You may only purchase Goods from the Site if your address for delivery is in the United States of America, Canada, Australia, China, Japan, Italy, France and the United Kingdom.
12 PAYMENT – PAYPAL
(a) You must make payment for the Goods by PayPal payment at the time of making the purchase.
(b) All transactions on the Site and payments by PayPal will be made using United States dollars (USD). You accept the risk of any currency exchange rate fluctuation (including in relation to refunds) and accept that Bloggers Closet has no control over any currency conversion rates or fees, including any fees or charges of PayPal.
(c) PayPal, some banks and credit card providers may impose fees for certain transactions, including currency conversion fees. Any fees and other charges which may be charged to you by Paypal or your bank or credit card provided will be your sole responsibility and, for the avoidance of doubt, are not included in any sales price displayed on the Site.
13 DISCLAIMER AND LIMITATION OF LIABILITY
(a) This clause 13 does not limit any other provision of these General Conditions.
(b) Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.
(c) We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
(d) Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.
(e) To the extent permitted by law, we are not responsible for and shall not be liable in connection with the supply of the goods and services which are provided to you by Sellers on the Site or for ensuring the Seller delivers the goods and services or otherwise meets your purposes or requirements. To the extent permitted by law, we do not guarantee or endorse the authenticity, quality, safety, or legality of any Goods offered for sale.
(f) For the avoidance of doubt, to the extent permitted by law, we shall not be liable in connection with any shipping, delivery or non-delivery of Goods or Goods damaged in transit.
(g) The Sellers are independent contractors and not agents or employees of us. To the extent permitted by law, we shall not be laible for any acts, errors, omissions, guarantees, warranties, representations, breaches, default or negligence of any such Sellers or for any personal injuries, death, property damage or other damages or expenses resulting therefrom.
(h) To the extent permitted by law, we have no liability and will make no refund in the event of any delay, cancellation, strike or any event outside of our direct control and we shall have no responsibility to you for any additional expenses, omissions or delays in connection with the Goods purchased from the Site.
(i) To the extent permitted by law and without limiting your rights under the Australian Consumer Law which is included as Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), if we fail to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits us to limit our liability, our liability for any breach of such guarantee shall be limited, at the election of us, to providing you with any one or more of the following remedies:
(i) redelivery of the relevant Services;
(ii) payment for supply of equivalent Services; or
(iii) a refund of the amount received by us for the Services.
You must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of the General Conditions; or
(b) reliance by you on any information obtained through the Site; or
(c) your Access to the Site.
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
(b) commercialise any information, products or services obtained from any part of this Site.
16 TRADE MARKS
(a) Except where otherwise specified, any word or device to which the TM or symbol is attached, is a trade mark in which we claim proprietary rights.
(b) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(i) in or as the whole or part of your own trade marks;
(ii) in connection with activities, products or services which are not ours;
(iii) in a manner which may be confusing, misleading or deceptive;
(iv) in a manner that disparages us or our information, products or services (including this Site).
We may terminate Access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination.
18 AUSTRALIAN CONSUMER LAW
(a) If you are accessing the Site in Australia, the Australian Consumer Law may apply. Under the Australian Consumer Law, consumers have certain rights which cannot be excluded, including guarantees and/or warranties as to the acceptable quality and fitness for purpose of goods and services.
19 FEEDBACK AND DISPUTES
(a) You are encouraged to provide Sellers with feedback at the completion of a transaction by using the Bloggers Closet star rating system available on the Site.
(b) Bloggers Closet is a marketplace that allows users to offer, sell and buy Goods. Bloggers Closet will not be involved in any dispute or dispute resolution process in relation to a transaction originating on the Site. Any dispute resolution between a Buyer and Seller must be resolved between those parties using the PayPal Dispute Resolution Centre, which is available through your PayPal account.
(c) If you have a complaint with Bloggers Closet that is not a dispute between a Buyer and Seller, you may contact us at [email protected] Prior to commencing any proceedings, you agree to participate in discussions with us for a period of 30 days from the date you give notice of your complaint.
(d) This provision shall not operate to prevent any party from commencing Court proceedings for urgent or interlocutory relief.
20 GOVERNING LAW
These General Conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts in Queensland, Australia.
21 LINKING ON THE SITE
(a) Limited linking is permitted on the Site. You are permitted to link to the URL of the blog and/or social media sites related to your Account, however we reserve the right to prohibit linking on the site, in our absolute discretion.
(b) For the protection of Buyers and Sellers:
(i) email addresses or other contact details must not be published or exchanged on the Site and all correspondence between Buyers and Sellers in relation to the Goods must take place exclusively through the Site; and
(ii) a transaction for Goods must not take place outside of the Site. If a Seller or Buyer attempts to solicit a sale of Goods outside of the Site, you must report them to us at [email protected]
22 ADVERTISING AND LINKS TO OTHER WEBSITES
(a) The Site contains links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
(b) Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we or they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
(a) We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.
(b) If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(c) If any of the General Conditions are held to be invalid, unenforcable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
(e) In these General Conditions “including” or “includes” are not words of limitation.