Terms of Trade
RECYCLE BOUTIQUE - TERMS OF TRADE
Welcome to the Recycle Boutique! The Recycle Boutique website, the Recycle Boutique stores, and any and all services provided to you in connection with our website or stores (our “Services”) are provided to you by Recycle Boutique (Australia) Pty Ltd (ACN 600 041 263) (that’s “Company”, “we”, “us”, “our” in these Terms).
Our Services include selling the clothes, accessories, and other items you give us on Consignment (we call those your “Goods”) on your behalf. These Terms apply to every consignment and sale of your Goods and to your use of our Services.
These Terms form the whole of the agreement between you and us in relation to our Services, and replace any prior representation or agreement when accepted. You acknowledge that these Terms supersede any other terms or conditions provided to you by us in connection with a consignment or supply of Goods, whether or not such terms or conditions are signed by us.
Your use of our website, registration for an account, or consignment of Goods to us (whichever happens first) constitutes acceptance of these Terms and any other Company policy notified to you from time to time. Make sure you keep an eye on your account and our website though, because we may update these Terms from time to time and they’ll apply in updated form from the date they’re published.
1. CONSIGNMENT CONDITIONS
When you give us things to sell on your behalf, we call that a consignment of your Goods (“Consignment”). If you want to Consign your Goods to us, and for us to try to sell those Goods (via our Services), there are a few rules to follow:
(a) You must be an individual at least 16 years of age.
You’ll have to present valid government-issued photo identification to our staff in store as proof of age and identity before we approve your Consignment. Our Services generally aren’t intended to be used by companies or for in the ordinary course of your business. If you are a company, or you’re in the business of selling clothes, [contact us] before attempting to Consign any Goods.
(b) Your Goods must be original and not fake, counterfeit, or misleading in any way.
If the Company, in its sole discretion, determines any Goods to be counterfeit, we may (without notice to you): (i) refuse to accept or sell the Goods, (ii) hand those Goods over to the appropriate authorities, or (iii) destroy the Goods, without any liability for any loss, cost, damage, or claim you or any third party may suffer in connection with the Company’s action.
(c) Your Goods must be of good quality and condition and be fit for sale.
Any Goods that are determined (at the Company’s sole discretion) to be unfit for sale will not be accepted for sale, and are required to be collected in accordance with the procedure advised by us from time to time. If the Company determines any Goods to be dangerous, the Company may destroy those Goods without notice to you.
(d) You must collect unaccepted or unsold Goods.
Any Goods that are not sold or collected by the end of the applicable Cycle (“Uncollected Goods”) will be considered property of the Company and may be dealt with at Company’s Discretion. See sections 2 (Pricing & Payment) and 3 (Title to Goods, Risk & Collection) of these Terms. You will have no entitlement to payment or compensation of any kind in respect of Uncollected Goods, or to the proceeds or benefits from any sale or transfer by the Company of the Uncollected Goods.
(e) You must, IF required by us as a condition of Consignment, register for and maintain an account on our website.
You are responsible for your use of our website, and you must not give your account details (if any) to anyone else. If someone else accesses our website using your account details, then you are also responsible for use of our website by that person. If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify us immediately of any potential security breach or fraudulent activity. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account and you will be liable for any loss we suffer.
You warrant and undertake that you will comply with all of the above rules at all times in connection with your use of our Services.
If we believe that you have not complied with these Terms or any other agreement with the Company at any time, we may immediately suspend or terminate the supply of any Services to you, including terminating or restricting your access to our website and/or removing the Goods from sale, and you agree that we may do so without prior notice to you and without liability to you or anyone else.
2. SALE & PAYMENT
We will notify you by email of the price of the Goods we accept for sale from your Consignment (“Email Price List”). You agree that the Email Price List is subject to change on written notice to you. You must accept the Email Price List via the process notified to you and, if you do not accept the Email Price List, must notify the store to which the Goods were provided within 24 hours of receipt of the Email Price List and collect your Goods within 7 days. We reserve the right to change the Email Price List in respect of any Goods at any time prior to sale on written notice to you if an error or discrepancy comes to our attention but otherwise will not be liable for any error in calculating or communicating the Email Price List (and your sole recourse if you suspect an error in pricing has occurred is to collect your Goods in accordance with clause 3(c)(i)).
From the date you receive the Email Price List by email your Goods will be made available for purchase in one of our stores for a 7-week period (“Cycle”).
The price we sell the Goods for (“Sale Price”) depends on the phase of the Cycle in which they are sold, as follows:
Phase 1: for the first 4 weeks of the Cycle, 100% of the starting sale price provided in the Email Price List; and
Phase 2: for the next 2 weeks of the Cycle, 50% of the starting sale price provided in the Email Price List; and
Phase 3: for the last 1 week of the Cycle, 30% of the starting sale price provided in the Email Price List.
Immediately prior to purchase of the Goods by the Customer, the Company will purchase the Goods from you at 50% of the Sale Price (less any GST) applicable at the time of purchase. The Company will deduct a handling fee of $0.50 per item and any other applicable fees or charges from the amount payable to you for the Goods (“Your Payment”). Title to the Goods passes immediately at the point of purchase to the Company and then to the Customer to whom the Company sells the Goods.
You will be notified as soon as possible after your Goods are sold. We may owe you Your Payment in relation to one or more Goods at any one time (“Your Balance”) If Your Balance is more than $150, you must provide the details of your nominated bank account to us in writing, and Your Balance can be transferred to your nominated bank account or spent in store at your request. Any applicable transfer, exchange, or other processing fees will be deducted from Your Balance. If Your Balance is $150 or less you must collect it in cash from our store on provision of photo identification. Your Payment is a debt owed to you by the Company only. The Company will not be liable for any loss or delay in connection with any incorrect or incomplete contact or banking details.
If, within 1 year from the date of the purchase of the Goods, Your Payment is not transferred, spent in store, or collected as set out above, you thereafter irrevocably waive and release the Company from any claim or right of action you may have in respect of Your Payment or any other amount owing or claimable in respect of the Goods.
3. TITLE TO GOODS, RISK & COLLECTION
(a) Risk in the Goods
All risk in, and liability for the Goods (including loss, theft, or destruction of the Goods) remains with you unless and until such time the Goods are purchased by the Company. The Company will not be liable for any loss, cost, damage, or claim suffered or incurred by you or any third party in connection with the loss, theft, or destruction of the Goods at any time (including during the Cycle).
(b) Title to the Goods
Title in the Goods will remain with you and will pass:
i. to the Company, on purchase of the Goods by the Company from you;
ii. to the Customers, on purchase of the Goods by the Customers from the Company; and
iii. if clauses 3(b)(i) and 3(b)(ii) do not apply, to the Company if and when you fail to collect the Goods by any applicable collection date (see clause 3(c)).
(c) Collection of the Goods
i. After the Goods have been delivered to the Company, they will be processed and can be collected only after the Email Price List is provided to you.
ii. You may collect the Goods in person from our stores at any time during the Cycle (except if the Goods have already been sold or lay-byed by one of our Customers).
iii. If you do not agree to your Goods being sold at the price(s) specified in the Email Price List (and/or in accordance with these Terms), you must within 24 hours of receiving the Email Price List notify the store to which the Goods were delivered that you intend to collect the Goods and you must then collect the Goods within 7 days of receiving the Email Price List. If you notify us that you do not agree to your Goods being sold but fail to collect those Goods within 7 days of receiving the Email Price List, those Goods will be considered Uncollected Goods. If you do not provide notice to us in accordance with this clause 3(c)(iii), your Goods will be offered for sale on the agreed terms.
To collect Goods, you must physically collect your Goods in person from the store at which the Goods are located (and show valid ID). You are generally responsible for locating your Goods in-store and notifying a staff member that you are there to collect the Goods. The Company may locate and hold the Goods for you for an additional fee ([contact us] to learn more).
Any Uncollected Goods will immediately become the property of the Company, and you acknowledge and agree that the Company will owe you no payment, duty, or debt in respect of those Uncollected Goods (and you waive any claim or right of action you may have in respect of those Uncollected Goods). Uncollected Goods will be dealt with at the Company’s sole discretion.
4. OUR LIABILITY TO YOU
We do not promise that our Services, content on our website, or your access to them will be uninterrupted or error‑free, that any defects will be corrected, or that our website or content are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to our Services or your use of them. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.
The Company and its related entities (if any) will not be liable to you or any third parties, whether in contract, tort (including negligence) or otherwise for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or our Services, or for any loss or damage to, or destruction or theft of, any Goods.
Subject to the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Consumer and Competition Act 2010) and any other non-excludable term implied by law, this website and all of the Company’s Goods and services are provided on an "as is" basis without warranties of any kind, either express or implied, and the Company excludes all warranties, representations, and liability of any kind (including in negligence) in connection with our Services. To the maximum extent permitted by law, where any liability of the Company cannot be excluded, we limit that liability (at our election):
(a) in respect of any defective Services provided to you by the Company to: (i) resupplying any Services provided to you by the Company; or (iii) payment of the cost of having the Services resupplied; and
(b) otherwise, to payment in the amount of the greater of 50% of the Sale Price first applicable to any relevant Goods or AUD$10.
5. YOUR LIABILITY TO US
You are liable and solely responsible for:
(a) the Goods;
(b) any Content you submit via our website;
(c) your breach of any person’s intellectual property rights;
(d) your breach of these Terms or any other agreement with us; and
(e) your breach of any applicable law.
You agree to indemnify the Company (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“Indemnified Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (e) above.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
6. WEBSITE & ACCOUNT MANAGEMENT
This website is for your personal use unless otherwise approved by the Company.
You are free to simply browse our website to learn more about us and what we do. You should carefully consider whether the Services we provide are suitable for your needs, and get independent advice if you need it.
Whether or not you register for an account, you must not (without our express permission):
post or transmit anything to this website or to us, or otherwise use our website in any way, that is misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, offensive, obscene, profane or objectionable;
restrict or stop other users from using or enjoying this website;
access data or any part of our website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this website;
use or attempt to use any material published on our website to create any website or publication;
pretend that you are or represent someone else;
probe, scan or test a system or network to breach security or authentication measures;
track or monitor any content, user, or website functionality without our authorisation; or
impose an unreasonable load on our systems or networks.
7. WEBSITE CONTENT
Nothing in these Terms affects the ownership of any words, images, or other materials (including company names and logos) that you post or submit to our website, or otherwise provide to us (“Content”), if any. By providing Content to us, you:
(a) represent that any information comprising the Content is true and correct and acknowledge that the Company will rely on that information in entering into any agreement with you;
(b) promise that you own or have the right to use any Content that you submit on or via our website, and that use of your Content on or via our website will not infringe anyone else’s rights; and
(c) you give us a world-wide, non-exclusive, perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify, and communicate your Content for the purpose of operating our website and the Company’s business which includes providing goods and/or services to you.
We may edit, modify, delete, remove or take down any Content which we believe (in our sole discretion) is in breach of these Terms, without notice to you and without incurring any liability.
Everything on this website (excluding your Content) is either owned by us or is licensed to us. This includes: (i) the design, compilation and look and feel of this website; (ii) all copyright, trademarks, designs and other intellectual property displayed on or incorporated into our website; (iii) all intellectual property rights subsisting in the Services; and (iv) all other trade marks, logos, business names, or domain names used in connection with our website and our business (unless otherwise stated) (collectively, “Our IP”).
Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, world-wide, royalty-free licence to access, use, and download Our IP for the limited purpose of accessing and using our website only, including communicating with us and consigning the Goods to us.
You must not copy, reproduce, adapt, transmit or distribute any of our content or use Our IP in any way not expressly permitted in these Terms (or otherwise allowed by law). All rights in Our IP are strictly reserved to the Company and its licensors and nothing in these Terms creates an assignment in respect of Our IP.
8. CHANGE & ACCESS
The Company does its best to provide current and accurate information on our website but things sometimes change, and so we may need to update or remove statements and representations made on our website from time to time.
The website will usually be available 24 hours a day, seven days a week. Sometimes our website may be unavailable while we conduct maintenance, or for technical or other reasons. We are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website.
You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of our website or its content, or quote or use whole or parts of our website or its content in a third-party website. If you are interested in linking to our website, please [contact us].
This website may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that the Company endorses the products or services that are provided by that website. When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.
9. PRIVACY & PUBLICITY
We may use your Goods, images of your Goods, and your Content for the purposes of promoting the Company and the Services without seeking any further consent or approval from you. This includes publishing images and descriptions of your Goods or your Content via our website, and by any other medium or channel.
(a) We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way. If you read something in these Terms that you are not sure about, then please seek independent advice.
(b) These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
(c) Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute a waiver of those rights.
(d) We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.
(e) Nothing in these Terms creates a relationship of employment, partnership, or joint venture between you and the Company.
(f) All prices displayed on our website and referred to in these Terms (including any Sale Price) are, unless otherwise indicated in context, in Australian Dollars and inclusive of GST.
In these Terms, the following terms have the following meanings:
(a) Consignment has the meaning given to that term in clause 1 (Consignment Conditions);
(b) Content has the meaning given to that term in clause 7 (Website Content);
(c) Company, we, us and our means Recycle Boutique (Australia) Pty Ltd (ACN 600 041 263);
(d) Customer means the end-customer to whom your Goods are sold;
(e) Cycle has the meaning given to that term in clause 2(a) (Pricing);
(f) Goods the clothes, accessories, and other items you give us on Consignment;
(g) Indemnified Parties has the meaning given to that term in clause 5 (Your Liability to Us);
(h) Notified Price List has the meaning given to that term in clause 2(a) (Pricing);
(i) Our IP has the meaning given to that term in clause 7 (Website Content);
(j) Sale Price has the meaning given to that term in clause 2(a) (Pricing);
(k) Services means any and all services provided to you in connection with our website or stores;
(l) Terms means these terms and conditions of trade;
(m) Uncollected Goods has the meaning given to that term in clause 1(d) (Consignment Conditions); and
(n) Your Payment has the meaning given to that term in clause 2(b) (Payment).
Please feel free to [contact us] if you have any questions about these Terms.
Last updated: August 2019