1 ACKNOWLEDGEMENT 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).
(b) These Seller Terms apply to each person or company which offers Goods for sale or sells Goods on the Site (Sellers, you, your) and apply to Sellers in addition to the General Conditions for the Site.
(c) Capitalised terms which are not defined in these Seller Terms have the same meaning given to them in the General Conditions.
2 BLOGGERS CLOSET SELLER ACCOUNT
(a) To be a Seller you must register as a user of the Site and maintain a seller’s account with Bloggers Closet (Seller’s Account).
(b) You may only apply for a Seller’s Account if your principal residential address is in the United States of America, Canada or Australia.
(c) We may accept or decline your application to become a Seller (in our absolute discretion) and hold a Seller’s Account and upon granting your Seller’s Account reserve the right to terminate your Seller’s Account at any time without notice.
(d) You must also provide and maintain a PayPal account to which Buyers will make payment into upon making a purchase using the Site.
(f) You are responsible for maintaining the confidentiality of your password and Seller’s Account details and are solely responsible for any and all activities that occur under your Seller’s Account. You agree to immediately notify us of any unauthorised use of your Seller’s Account and ensure that you exit from your account at the end of each session when accessing the Site.
(g) To the maximum extent permitted by law, we will not be liable for any loss or damage arising from your failure to comply with this section.
3 SELLER RULES
(a) While using or Accessing the Site as a Seller you will not:
(i) post, list or upload any content or Goods in inappropriate categories or areas on the Site;
(ii) post, list or upload any content or Goods which are prohibited or restricted including:
(A) Goods which are illegal (including fakes, replicas or counterfeits);
(B) Goods which we deem, in our absolute discretion, to be inappropriate or promote or glorify hatred, violence, racial or religious intolerance, or items that promote organisations with such views;
(C) Goods which infringe the intellectual property rights of a third party;
(D) Goods which are not fashion or fashion accessory related; or
(E) other Goods which, in our absolute discretion, we do not wish to be listed on the Site;
(iii) fail to deliver items purchased from you, unless the Buyer fails to meet the posted terms, or you cannot authenticate the Buyer’s identity;
(iv) post false, inaccurate, misleading, defamatory or offensive materials and content (including images and personal information);
(v) distribute or post spam, unsolicited, or bulk electronic communications or chain letters; or
(vi) place, or allow someone you know to place, a bid on any of your Goods to artificially increase the price.
(b) You warrant that, in relation to the Goods listed for sale by you:
(i) the Goods are not stolen or counterfeit;
(ii) you are the legal owner of the Goods;
(iii) you are able to lawfully sell the Goods.
(c) We reserve the right to remove any Goods listed on the Site without notice for any reason.
4 INTERNATIONAL TRANSACTIONS
You may only sell Goods using the Site if the Buyer’s address for delivery is located in the United States of America, Canada, Australia, China, Japan, Italy, France and the United Kingdom.
5 PAYMENT – PAYPAL
You must receive payment for the Goods by PayPal payment at the time of making the sale.
6 AUSTRALIAN CONSUMER LAW
(a) If you are accessing the Site in Australia, the Australian Consumer Law which is included in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) may apply. Under the Australia 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.
(b) Nothing in these Seller Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which by law cannot be excluded, restricted or modified.
(c) Any express warranty given in these Seller Terms is in addition to and does not limit your rights under the Australian Consumer Law.
When you give us Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future, including on social media sites.
8 LIMITATION OF LIABILITY AND RELEASE
(a) This clause does not limit the operation of any other provision of the General Conditions.
(b) You accept that there are sometimes risks when trading online and using our Site, including dealing with underage or fraudulent persons.
(c) To the maximum extent permitted by law, you will not hold us responsible for other users’ content, actions or inactions. You acknowledge that we are not an auctioneer. Instead, our Sites is a venue to allow you to offer and sell Goods in a variety of pricing formats (including by auction). We are not involved in the actual transaction between Buyers and Sellers.
(d) We have no control over and do not guarantee the ability of Buyers to pay for items, or that a Buyer will actually complete a transaction or return an item.
(e) You must ensure that you comply with your obligations to other Account holders and are aware of any laws relevant to you as a Seller. If another Account holder breaches any obligation to you, you are responsible for enforcing any rights that you may have.
(f) You are responsible for ensuring that your listing, selling and any other activities conducted on our Site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with these Seller Terms and the General Conditions.
(g) We do not take ownership of the Goods at any time and do not transfer legal ownership of items from you to the Buyer. Further, we cannot guarantee continuous or secure access to the Site. Accordingly, to the extent permitted by law, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Site.
(h) If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9 LISTING AND FEES
(a) We will publish our fees for your use of the Site on the Site, which fees may be varied from time to time (Fees). We will set out on the Site the basis for calculation of the Fees and the time for payment of the Fees (Payment Terms).
(b) In consideration for the provision of Services by us to you, you agree to pay the Fees in accordance with the Payment Terms.
(c) By listing an item on the Site, you agree to pay us the relevant fees for the listing, assume full responsibility for the content of the listing and Goods offered, and accept the following listing conditions:
(i) when you list an item on the Site, your listing will be posted on the Site and can be viewed on the Site;
(ii) your listing may not be immediately searchable by keyword or category;
(iii) where your listing appears in search and browse results it may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.
(d) You are able to list your Goods for free on the Site, there are no listing insertion fees. Without limiting the foregoing provisions, you are required to pay to Bloggers Closet final value fees in the amount of 20% of the final sale price of Goods (excluding handling and delivery) sold through the Site (Final Value Fees) will be payable when your Goods have sold.
(e) The Final Value Fees will be deducted automatically from the amount paid to you by the Buyer through PayPal or otherwise charged to your PayPal account.
(f) If a transaction is cancelled or not completed, to avoid being charged the Final Value Fees you will need the Buyer to agree to cancel the transaction via PayPal. This will allow us to make the necessary enquiries in relation to why the transaction was not completed.
(g) You must not use listing techniques to avoid, circumvent or reduce Final Value Fees including:
(i) misrepresenting or charging excessive handling or shipping fees;
(ii) offering a catalogue from which Buyers may directly order;
(iii) offering the opportunity to purchase your Goods outside of the Site;
(iv) using your profile on the Site to promote outside-of-site sales or prohibited items;
(v) imposing separate surcharges outside of the Site; and
(vi) soliciting Buyers to use payment methods other than PayPal.
(h) You may list your Goods on the Site with either a fixed price or by using the auction function available through the Site.
(i) When listing your Goods for auction, if you do not want to sell your item below a certain price you must specify a reserve price and/or a starting price. Once the reserve price or starting price has been met, you are obligated to sell your Goods to the highest accepted bidder.
(j) Regardless of your country of residence, all Goods and shipping/postage costs listed on the Site must only be advertised and transacted using United States dollars (USD).
10 SELLER PERFORMANCE STANDARDS
(a) We expect Sellers to consistenty provide service that results in a high level of Buyer satisfaction.
(b) When a Buyer purchases an item or wins an auction, the Seller and Buyer have entered into a contract that both Account holders are expected to honour. You agree your obligations are formal, such as sending the Goods that were described in the listing, as well as informal, such as providing a good service.
(c) As a Seller you are expected to:
(i) charge reasonable postage and handling costs;
(ii) specify postage costs, method of delivery and handling time in the listing;
(iii) follow through on your return policy;
(iv) respond to Buyer’s questions promptly;
(v) be helpful, friendly and professional throughout the transaction; and
(vi) ensure the Goods are promptly delivered to the Buyer as described.
(a) If we waive any rights available to us under these Seller Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(b) If any of the Seller Terms are held to be invalid, unenforcable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
(c) No agency, partnership, joint venture, principal-agent, employee-employer or franchiser-franchisee relationship is intended or created by these Seller Terms.
(d) In these Seller Terms “including” or “includes” are not words of limitation.