Vendor Terms

Passion for Fashion Technologies Pty Ltd

Vendor Terms

These terms constitute our Vendor Terms (Terms) and apply to all individuals who elect to list items for hire or sale via our Website, whether as an in independent vendor or via consignment relationship with us. By listing an item via our Website or instructing us to list an item on your behalf, you warrant to us that you have read, understood and agree to be bound by our Terms. You will not be permitted to list an item for hire or sale via our Website if you have not agreed to our Terms. We will not agree to list an item for hire or sale on your behalf if you have not agreed to these Terms.

General

(a) The terms “we”, “us” and “our” throughout these Terms refer to Passion For Fashion Technologies Pty Ltd [ACN 672 602 238].

(b) These Terms govern the relationship between you and us and our respective rights and obligations in respect of the listing of items for sale and hire via our Website. By proceeding to list an item for sale or hire, or instructing us to list an item for sale and hire on your behalf, you agree to be bound by these Terms.

(i) you may list an item as an independent vendor, whereby you are responsible for listing an item, communicating with respective borrowers or purchasers and arranging for the delivery of the item (Independent Vendor); or

(ii) you may provide the relevant items to us and instruct us to list them for sale or hire on your behalf, subject to any pre-agreed commercial terms specified by you (Consignment Vendor).

(d) Part A of these Terms apply to Consignment Vendors. Part B of these Terms apply to Independent Vendors. Part C of these Terms apply to each Consignment Vendors and Independent Vendors.

Part A – Consignment Vendors

Appointment as Agent

(a) By accepting these Terms and providing us with the agreed items for the purpose of us listing those items for sale or hire on your behalf, you appoint us as your agent to arrange for the sale or hire of those items.

(b) You authorise us to supply photographs and list the relevant items, liaise with prospective buyers and borrowers and market the relevant items in any manner we see fit in order to achieve the sale or lease of the relevant item.

(c) You agree that subject to complying with your Minimum Hire/Sale Price, we may otherwise negotiate the commercial aspects of any hire or sale of the item (including rental periods and delivery dates). You further agree that, save for your Minimum Hire/Sale Price, the sale and hire of the item will be in accordance with our terms of service, including our refunds and returns policy. Your item will also be subject to any discounts or promotions we choose to offer from time to time (provided such discounts and promotions do not cause for the item to be listed for less than the Minimum Hire/Sale Price).

Term of Consignment

Our consignment arrangement with you commences on the date that you accept these Terms and continues until terminated by you or us (Term).

Parties’ obligations

(a) Unless we otherwise agree to collect an item from you, you are obligated to deliver to us the items we have agreed to list for sale or hire on your behalf (Consigned Items). The items must be provided to us dry-cleaned and otherwise in accordance with the ‘Conditions of Acceptance’ provisions outlined below.

(b) For the most part, all Consigned Items will be stored at our premises. However, from time to time, we may agree to allow Consigned Items to be stored at your premises. Where this occurs, we will make arrangements with you for Consigned Items to be delivered to us or collected by us to fulfill any booking for the relevant Consigned Item.

(d) We agree to use our best efforts to list and market the Consigned Items via our Website for sale or hire (as the case may be) and to liaise with prospective purchasers/borrowers on your behalf. This includes an obligation on our part to photograph or supply photographs of the Consigned Items for listing.

Conditions of Acceptance

(a) Consigned Items will only be accepted in clean and new or excellent condition.

(b) You must not mislead or deceive us in respect of the original recommended retail price of the Consigned Item or the brand or designer of the relevant Consigned Item.

(c) You must disclose if any Consigned Items have been altered in any way, including but not limited to, sizing smaller or larger, altering appearance in any way, or changes in trim or hardware prior to our agreeing to accept the Consigned Item.

(d) We will inspect the Consigned Item upon delivery and reserve the right to refuse any Consigned Item that does not meet our standards. Approved Consigned Items will be added to our Website as soon as reasonably possible after you have confirmed acceptance of these Terms.

Liability following acceptance

(a) Once a Consigned Item has been approved and is in our possession or is otherwise under our control, we are responsible for any loss or damage to the Consigned Item, where as far as legally permitted, our liability in this regard is limited to the Surety Amount. Please note that this provision does not apply if the Consigned Item is being stored at your premises.

(b) If a Consigned Item is lost, stolen, destroyed, damaged or unaccounted for due to any cause, known or unknown, while consigned to us (save for where the item is being stored at your premises), the Consigned Item will be deemed as sold and we will compensate you for the Surety Amount.

(c) By accepting these Terms, you acknowledge and agree that due to the nature of renting, a Consigned Item may be returned with signs of wear, particularly if the piece is a popular rental.

Ownership of Consigned Items

By accepting these Terms, you warrant and guarantee to us that all Consigned Items you provide to us are lawfully owned by you, and you hold all necessary rights to place the Consigned Items with us for hire or sale.

Statement of Authenticity

(a) You warrant and guarantee to us that:

(i) all Consigned Items are authentic and are not counterfeit;

(ii) any label, trademark, logo and/or design featured on the Consigned Item is authentic to the designer it represents.

(b) We reserve the right to return any Consigned Item found to be non-authentic.

(c) You agree to indemnify us and keep us indemnified against any Claim or Loss we suffer or incur as a result of your breach of this provision.

Termination of Consignment

(a) Either party may terminate the consignment arrangement established by these Terms by providing the other party with not less than 30 days’ written notice (Notice Period).

(b) Subject to clause (c) below, on receipt of notice of termination from you, we will return the relevant Consigned Item to you within 14 days of the expiration of the Notice Period.

(c) If at the time your notice of termination is received, your Consigned Item is already the subject of a hire booking, you will be notified accordingly. In such instances, your Consigned Item will be returned to you within 21 days of the Consigned Item being returned to us by the relevant borrower.

(d) If due to the termination of our consignment arrangement or any other reason, you require a Consigned Item to be returned to you despite there being a pre-existing booking for the Consigned Item, we will return the Consigned Item to you, subject to your first compensating us for the cost of any refunds associated with the cancellation of the pre-existing bookings.

(e) If a Consigned item has not been sold or hired for 3 months or more at any time during the Term, we reserve our right to remove the Consigned Item from our Website and return the Consigned Item to you.

Pricing

(a) Consigned Items will be listed on our Website at the Listing Price nominated by us from time to time. We agree that the relevant item will not be listed for less than the Minimum Hire/Sale Price nominated by you prior to our accepting the Consigned Item.

(b) If we receive an offer to purchase a Consigned Item which we are only authorised to lease, we will contact you to obtain your instructions in respect of the offer. Should you wish to accept or negotiate the offer, you appoint us as your agent to do so. Should we proceed to sell the relevant item, our standard rates of Commission for a sale will apply.

Payment

(a) When an item is rented or sold, you will be paid the Listing Price, less our Commission and any applicable shipping and cleaning costs.

(b) When an item is rented or sold, we are paid the Commission. Please note that our Commission is charged as a percentage of the relevant Listing Price (noting that all Listing Prices are inclusive of all applicable shipping and cleaning costs).

(i) in respect of hired Consigned Items, within one to two Business Days of the Consigned Item having been returned to us by the borrower; and

(ii) in respect of sold Consigned Items, within one to two Business Days of the proceeds of the sale clearing to our account.

Part B – Independent Vendors

Obligations of Independent Vendors

(a) If you use our Website as an Independent Vendor to sell or hire items, you agree that:

(i) any agreement for sale or hire is made solely between you and the buyer or borrower (as the case may be) (Customer);

(ii) we are not liable for any responsibilities, obligations or Loss arising in connection with any agreement on your part to sell or hire an item via our Website;

(iii) you are responsible for making sure items are fit for purpose, safe, legally compliant and match the description provided in the listing;

(iv) you must comply with our Product Description Standards in listing an item for hire or sale;

(v) you are also responsible for ensuring that any items hired from you via our Website are posted in sufficient time to ensure that they will arrive by the estimated delivery date as advised to the Customer at the time their booking was made;

(vi) you are responsible for providing borrowers with return packaging (including tracking information);

(vii) you must comply with and abide by our refunds and returns policy or otherwise not offer terms less favourable than ours in respect of the refunds, returns and credits;

(viii) you may only sell or hire items that you have the right and title to sell or hire;

(ix) you may only upload Listing Content that complies with our Website Terms of Use.

(b) You acknowledge and agree that you must not use our Website to:

(i) do anything illegal or which is in breach of any applicable law;

(ii) do anything for improper purposes;

(iii) post any Listing Content that does not comply with these Terms, our Website Terms of Use or which we otherwise deem to be inappropriate or offensive;

(iv) do anything that is fraudulent or deceptive or post any Listing Content that is false or misleading;

(v) use or share another user’s Listing Content without their consent;

(vi) publish any photographs, images, text, music or video that belong to someone else without their permission;

(vii) post content that does not belong to you or which otherwise breaches any party’s intellectual property rights.

(c) Failure to comply with these Terms may result in our suspending or terminating your account or membership with us or otherwise revoking your ability to access our Website.

Independent Vendor warranties

By using our Website as an Independent Vendor to sell or hire items, you warrant to us that:

(a) you have read, understood and accept these Terms in their entirety;

(b) you are permitted by law to lend, rent or sell your listed items;

(d) all items listed by you are safe, fit for use, clean, hygienic, and in good condition;

(e) none of the items listed by you are counterfeit, fake, a forgery, or stolen;

(f) you have provided an accurate and truthful description of each item listed by you and that any photographs are recent and a fair and reasonable representation of the present condition of each listed item;

(g) you have not made any misrepresentations in respect of an item or your identity;

(h) you will supply and deliver each item insofar as it is within your control, in accordance with the terms of hire or purchase agreed with your relevant customer; and

(i) you will use a reputable delivery provider.

Listing content

(a) You warrant to us that you own all the rights in, and are solely responsible for, your Listing Content.

(b) You warrant to us that you have all necessary rights to all parts of your Listing Content and that you are not infringing or violating any third party’s rights by posting it.

(d) By posting your Listing Content, you grant us a worldwide, non-exclusive, irrevocable, sub-licenseable, perpetual and royalty-free licence to use, display, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, store, licence, sub-licence, assign, transfer, prepare derivative works, and exploit your Listing Content (including any intellectual property rights included in the Listing Content) anywhere and in any form for the purposes of providing our services or for any purpose in connection with the operation of our business, including for marketing purposes.

(e) You agree not to assert any moral rights or rights of publicity against us for using your Listing Content. You also recognise our legitimate interest in using it, in accordance with the scope of this licence, to the extent your Listing Content contains any personal information.

(f) We may refuse to post, or may otherwise moderate, reject, remove, or delete any Listing Content if we think that it breaches (or risks breaching) these Terms or our Terms of Use, or otherwise creates risks for us or our community. If we do so, we will inform you that your Listing Content is in breach of our Terms, and the action we have taken up to and including the termination or suspension of your account or membership with us or revoking your ability to access our Website.

Payment

(a) By accepting these Terms, you appoint us as your payment collection agent, solely for the purpose of accepting payment from Customers for purchases made in respect of your items and other fees associated with such purchases, such as Damage Fees or Late Fees.

(b) You agree that payment made by a Customer via our Website for your items shall be considered the same as a payment made directly to you, and you will make the relevant item available to the Customer in the agreed-upon manner as if you had received the payment directly.

(c) You acknowledge and agree that we accept payments from Customers as your limited payment collection agent, and our obligation to pay you is subject to and conditional upon our successfully receipting payment from the Customer.

(d) We do not guarantee payment to you for amounts that have not been successfully received from Customers.

(e) In accepting appointment as your limited authorised agent, we assume no liability for any acts or omissions on your part.

(f) Subject to our first receipting payment of the Listing Price from the Customer, upon one of your items being sold or hired:

(i) you will be paid the Listing Price, less our Commission; and

(ii) we will be paid the Commission.

(g) Please note that our Commission is charged as a percentage of the relevant Listing Price (noting that all Listing Prices are inclusive of all applicable shipping and cleaning costs).

(h) You will receive payments for the sale or hire of your listed items within one to two Business Days of the proceeds of the sale or hire transaction clearing to our account.

(i) If applicable, Damage Fees and Late Fees will be passed along to you, less our Service Fee, upon our receipt of such amounts from the Customer.

Hire and delivery

(a) Where you receive a hire booking, you are responsible for ensuring the Customer receives the hired item by the estimated delivery date as advised to the Customer at the time their booking was made (Estimated Delivery Date).

(b) If an item arrives after the Estimated Delivery Date and is returned to you unworn, you will be liable to refund the Customer in full.

(c) You are not obligated to provide a refund if the hired item is delivered slightly late but the Customer elects to wear the item regardless.

(d) You are not obligated to provide a refund if delivery fails because the Customer has provided an incorrect or incomplete address.

Incorrect items

(a) If you provide a Customer with an incorrect item, you may provide the Customer with the correct item (at your cost) in lieu of a refund, provided there is sufficient time to have the correct item delivered to the Customer prior to their event.

(b) If you provide a Customer with an incorrect item and there is not sufficient time to provide the Customer with the correct item, you must provide the Customer with a full refund.

Damaged items

Customer’s receipt of damaged items

(a) If a Customer:

(i) can demonstrate that they have received an item purchased or hired from you which is faulty or damaged and is not in an acceptable condition for use; and

(ii) notifies you or us about the damaged item within 48 hours of receiving the item; and

(iii) confirms that they have not worn or used the relevant item,

the Customer will be entitled to a full refund, subject to the relevant item being inspected by you and your providing us with confirmation of the damage.

(b) In this regard, you agree to act honestly and in good faith towards each us and the Customer in respect of any allegations of damage.

(c) Where there is a dispute between yourself and the Customer as to whether or not the item was in an acceptable condition, and the parties are unable to resolve the dispute, we will make the final determination in respect of the matter and our decision will be binding.

(d) If a Customer has received an item which is damaged and the parties have agreed to a partial refund, please instruct us accordingly so that we may remit any partial refund required.

Issues with fit or appearance

You are not obligated to offer refunds or returns in respect of hired or purchased items where a Customer has had a change of mind or the item is an unsuitable size/fit.

Customer cancellations

(a) For cancellations of hire bookings, a Customer will be entitled to a full refund from you if:

(i) the Customer’s cancellation request is received by you or us in the first 24 hours after their booking has been made, as long as it is still more than 72 hours from the Customer’s nominated delivery date and their package hasn’t yet been dispatched; OR

(ii) their cancellation request is received 21 or more days prior to their desired delivery date.

(b) If a Customer’s cancellation request is received 14 or more days prior to their desired delivery date (but less than 21 days), you are not required to provide a refund or credit.

Cancellation by you

You may cancel a Customer’s hire booking for any reason. If you do so, you must refund the Customer in full for any money spent by them in connection with the booking.

Authority of payment agent to attend to refunds

As your limited payment agent, you authorise us to process and remit any refunds required in connection with late deliveries, incorrect or damaged items or cancelled bookings or as otherwise required pursuant to any of the above provisions.

Late returns

(a) If for any reason a Customer posts or ships a rental item(s) back to you after their Return Date, or if they fail to provide tracking details before 3.00pm on their Return Date, Late Fees will be applied to their account. Our Late Fees are charged at the following rates:

Apparel

$25 initial late fee for failure to post by the Return Date

Plus an addition $25 per day that the Customer fails to provide evidence that they have posted or shipped the item(s).

Bags

$40 initial late fee for failure to post by the Return Date

Plus an addition $40 per day that the Customer fails to provide evidence that they have posted or shipped the item(s).

Jewellery

$25 initial late fee for failure to post by the Return Date

Plus an addition $25 per day that the Customer fails to provide evidence that they have posted or shipped the item(s).

(b) If we are unable to charge a Customer’s nominated payment method for the applicable Late Fees for any reasons, we will issue the Customer an invoice for the relevant Late Fees. Should it become necessary, we may also refer a Customer to debt collection in respect of unpaid amounts, including Late Fees.

(c) Late Fees charged in respect of your item will be passed along to you, less our Service Fee, upon our receipt of such amounts from the Customer.

Cleaning

Customers are prohibited from cleaning any item hired via our Website. This means that you will be responsible for ensuring your items are appropriately cleaned upon their return to you.

Damage or loss

(a) Where your item is returned by a Customer and is in need of minor repair, such as button replacement, standard cleaning or minor re-stitching, you will not have a claim for compensation against the Customer.

(b) Where the item is in need of more significant repair but is not severely damaged, the Customer will be liable for a moderate damage fee of up to $70 (including GST), provided you are able to provide us with a copy of an invoice or quote which confirms the relevant repair fee.

(c) Where an item has been damaged to such an extent that it is no longer fit for use and cannot be repaired, or if the item has been lost or destroyed, the Customer will be charged a severe damage/replacement fee, which is the lesser of:

(i) 50% of the item’s original recommended retail price (as advised by you in the listing for the item); or

(ii) $500.

(d) The above Damage Fees are applied on a per item basis.

(e) If we are unable to charge a Customer’s nominated payment method for the applicable Damage Fees for any reasons, we will issue the Customer an invoice for the relevant Damage Fees. Should it become necessary, we may also refer a Customer to debt collection in respect of unpaid amounts, including Damage Fees.

(f) Where there is a dispute between yourself and the Customer as to whether or not the item is damaged or the extent of the damage to the item, and the parties are unable to resolve the dispute, we will make the final determination in respect of the matter and our decision will be binding. Damage Fees charged in respect of your item will be passed along to you, less our Service Fee, upon our receipt of such amounts from the Customer.

(g) Please note that we do not take responsibility for loss or damage of items rented out via our Website. We simply provide an online marketplace for lenders and borrowers to connect. We will not be liable to make any compensatory payment to you, unless and until the relevant Damage Fees have been received by us from the Customer or unless you have purchased Lender’s Insurance in respect of lost items.

Termination

(a) If you would like to terminate your arrangement with us, you can do so by closing your account or terminating your membership with us. If you are unsure as to how to do this, please contact us via the following email address:

hello@passionforfashion.au

(b) We may terminate your account or membership or your right to access or use all or any part of our Website without cause by giving to you not less than 30 days’ notice.

(c) We may also terminate your account or membership or terminate your right to access or use all or any part of our Website if you have failed to remedy a breach of these Terms within 30 days, unless we can demonstrate that you have repeatedly been in breach or if there is a real risk of loss or harm were you to continue to use our Website in which case notice to terminate will be effective immediately.

Lender’s Insurance

(a) We provide Lenders with an option to purchase insurance for lost or damaged items, excluding bags, which provides coverage for up to $500 or the original recommended retail price of the item, whichever is lower (Lender’s Insurance). The cost of our Lender’s Insurance is $5.

(b) Where a Lender has purchased our insurance, and has lodged a claim in respect of a lost or damaged item, we reserve the right to attempt to recover the applicable Replacement Fees or Damage Fees from the particular Customer through any number of means, including through charging the Customer’s nominated payment method or contacting the Customer directly.

(c) We reserve the right to attempt to recover from the Customer for up to 90 days before paying out any claim under the relevant insurance policy.

(d) If you are a Lender who has business insurance, you are obliged to attempt to recover your loss from your own insurer before making a claim under our insurance policy. Where a Lender has a business insurance policy, the Lender must provide us evidence that their claim has been unsuccessful.

(e) For the avoidance of doubt, our Lender Insurance does not apply where an item has been lost or damaged during shipping. In respect of loss or damage occasioned during shipping, you must make a claim to the relevant shipping provider.

(f) We have up to 90 days to resolve each Lender Insurance claim. Within this period, Lenders agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us.

Part C

Dispute resolution

Disputes with us

(a) If you are dissatisfied with a service or response provided by us, please contact us as soon as possible via hello@passionforfashion.au. We will make a senior representative available to attempt to resolve the matter with you as soon as is reasonably practicable.

Disputes between Independent Venders and Customers

(b) Where there is a dispute between yourself and a Customer, you must work with the Customer in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute, we will make the final determination in respect of the matter and our decision will be binding.

Limitation of Liability

(a) By accepting the Terms and selling or leasing items via our Website, or providing us with possession of your items to lease or sell on your behalf via our Website, you agree that we are not liable for any Loss, damage, Claims, costs or expenses, including (but not limited to loss of an indirect or consequential nature) incurred or suffered by you as a result of your items being lost, damaged, destroyed or listed at an incorrect price or any fees being incorrectly refunded.

(b) You acknowledge and agree that as far as is legally permitted and subject to any obligations we may have to you pursuant to the Australian Consumer Law, our liability to you in respect of:

(i) lost items;

(ii) damaged or destroyed items;

(iii) items sold or hired at an incorrect price;

(iv) fees incorrectly refunded,

is limited to the original recommended retail price of the relevant item, or $500, whichever is less.

Indemnity

You agree to indemnify us and keep us indemnified against all Claims, Losses, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your breach of any of the provisions contained within these Terms.

Jurisdiction

These Terms are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the courts of that jurisdiction and any appeals from those courts.

Entire Agreement

These Terms, together with our Terms of Use and Privacy Policy, form the entire agreement between us and you in relation to any hire or purchase you make via our Website.

Waiver

Unless we expressly waive a right or power by the provision of written notice to you, any failure or delay on our part to exercise a power or right we have under these Terms does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Changes to these Terms

We reserve the right to change these Terms at any time without notice.

Severance

Any provision of these Terms which is prohibited or unenforceable in the jurisdiction of Queensland will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability.

That will not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Gold Coast, Queensland.

Claim means any claim, notice, demand, action, proceeding, litigation, investigation, or judgment, however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort, statute or otherwise and whether involving a third party or a party to these Terms.

Commission means:

(a) in respect of Consigned Items;

(i) 60% of the Listing Price for Consigned Items hired via our Website; and

(ii) 20% of the Listing Price for Consigned Items sold via our Website; and

(b) in respect of Independent Listed Items, 20% of the Listing Price.

Damage Fees means the damage fees specified under the ‘Damage and loss’ provisions of these Terms.

Independent Listed Item means an item sold or hired via our Website by an Independent Vendor.

Late Fees means the late damage fees applicable to an item, as specified in either the terms of the Independent Vendor or by us in our Rental Terms.

Lenders means Independent Vendors engaging in the lending of items via our Website. This term does not include Consignment Vendors.

Listing Content is any content that you post using our Website, including usernames, shop bios, photos, videos, descriptions, comments, messages, links and other materials.

Listing Price means the rental price or sale price for which a Consigned Item or an Independent Vendor’s item was listed for hire or purchase on our Website (inclusive of all applicable shipping and cleaning costs associated with the relevant item).

Loss means losses, liabilities, damages, costs (on a full indemnity basis), charges and expenses.

Order means an order to hire or purchase an item, submitted by you via our Website.

Product Description Standards, means in respect any item listed for rent or sale via our Website:

(a) the designer, brand or label of the item has been accurately described;

(b) the item is in good, wearable condition;

(d) the size of the item has been correctly described.

For the avoidance of doubt, an item will not meet our Product Description Standards if:

(e) the item is a counterfeit item;

(f) the item is severely damaged (including stains, rips, holes, tears or smells);

(g) the items has been listed in an incorrect colour (noting that some technological devices can show colours differently than expected).

Replacement Fees means, in respect of hired items lost by Customers, the lesser of the original recommended retail price of the item of $500, which ever is less.

Return Date means the date by which a Customer is required to post a hired item back to you, as agreed at the time of booking.

Service Fee means an amount equal to 5% of the relevant Damage Fee or Late Fee.

Surety Amount means the lesser of either:

(a) 50% of the original recommended retail price of the Consigned Item; or

(b) $500.

Minimum Hire/Sale Price means the minimum price for which we are permitted to lease or sell a Consigned Item.

Vendor Terms means these terms and conditions (as updated from time to time) and as are otherwise referred to throughout this document at the Terms.

Website means www.passionforfashion.au and includes any associated applications or other platforms which we may make available to you from time to time.

Website Terms of Use means the terms of use for our Website, which is incorporated into these Terms by reference and which can be found here.

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