CLOTHES LOOP TERMS AND CONDITIONS OF USE
- About the Website
1.1. Welcome to www.clothesloop.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.2. The Website is operated by Clothes Loop (ABN 44796959833). Access to and use of the Website, or any of its associated Products or Services, is provided by Clothes Loop. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease
1.3. Clothes Loop reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Clothes Loop updates the Terms, it will use reasonable
1.4. We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
2. Acceptance of the Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Clothes Loop in the user interface.
3. Registration to use the Purchase Services and Swapping Services
3.1. In order to access the Purchase Services, you must first register as a user of the Website. To register an Account, you must:
(a)Register a Clothes Loop Garment Identification number (ID)
(b) Give us accurate and current personal information including your name, address, and a valid email address.
(c) You must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
3.2. You warrant that any information you give to Clothes Loop in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Clothes Loop; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Clothes Loop of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Clothes Loop providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Clothes Loop for any illegal or unauthorised use of the Website; and (h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
4.2. As a member, you must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(c) interfere (or attempt to interfere) with security-related or other features of the Site.
4.4. As a member, you must not act on another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
4.5. As a member, you must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). You must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
5.2. Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any Unless otherwise stated all charges are in Australian Dollars.
5.4. Following payment of the Purchase Price being confirmed by Clothes Loop, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to:
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);
(b) we suspect that you might on sell our Products to other consumers.
5.5. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
5.6. Clothes Loop may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
5.7. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
5.8. During pre-order, there will be limited stock available for purchase. If you purchase a product that is no longer available, you are entitled to receive a refund in either of the two following formats:
(a) Total amount paid in the original currency, including the original shipping cost. Excluding the shipping expenses incurred during the return of the product.
(b) Store credit worth 110% of the product price (see clause 5.9. for store credit).
5.9. Conditions for using store credit:
(a) Store credits are applied to the account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.
(b) Store credit is valid for 24 months. Any balance that remains after the 12 months will not be available for use.
(c) Store credit does not accrue interest, nor can it be redeemed or refunded for cash. If an Order made using store credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only. Store credits are applied on a pro rata basis to each Product in an Order for the purpose of establishing refund values.
5.10. You may use vouchers or gift cards as payment for certain Products on the Site. We may email vouchers and electronic gift cards to you. We accept no Liability for errors in the email address provided to us. We assume no Liability for the loss, theft or illegibility of vouchers. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of vouchers or gift cards on the Site, we are entitled to close your Account and/or require a different means of payment.
5.11. Conditions for the redemption of gift cards
(a) You may purchase gift cards for use on the Site by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission.
(b) Gift card purchases may be subject to security checks from time to time, resulting in a longer processing time.
(c) Gift cards are valid for 24 months. Any balance that remains after the 24 months will not be available for use.
(d) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards.
(e) If you place an Order less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher per Order.
(f) If an Order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as a store credit only. Gift cards are applied on a pro rata basis to each Product in an Order for the purpose of establishing refund values.
6.1. Clothes Loop’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
6.2. You may make a claim under this clause (the ‘ Warranty Claim ‘) for material defects and workmanship in the Products within (items differentiate) from the date of purchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Clothes Loop showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Clothes Loop by email at email@example.com.
6.4. Where the Warranty Claim is accepted then Clothes Loop will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or re-manufactured equivalent during the Warranty Period at no charge to you for parts or
6.5. It does not constitute a defect, if
6.6. The Warranty shall be the sole and exclusive warranty granted by Clothes Loop and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.7. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.8. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7.1. You acknowledge that the Purchase Services offered by Clothes Loop integrate delivery services. We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.
7.2. We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.2. In providing the Purchase Services, Clothes Loop may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Clothes Loop is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers
7.4. You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us
7.5. You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are
7.6. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7.7. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
7.8. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
7.9. In the event that an item is lost or damaged in the course of the Delivery Services:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available
(b) contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit.
8. Change of Mind Returns
8.1 In addition to your rights in relation to faulty Products in clause 6, you can return any Product
(a) within 14 days of shipping confirmation;
(b) unworn and unused with the original tags still attached; and
(c) in the original packaging, which must be in the original condition,
Please note that Products sealed for hygiene reasons can only be returned under change of mind return policy if the seal is intact. Occasionally, some Products may be excluded from the change of mind return policy. The exclusion will be noted on the Product page on our Site.
8.2 To ensure the returns are assessed and processed swiftly, you must follow the instructions set out within an email that we will send to you after you’ve contacted us.
8.3 Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clause 8.1, we will, at your request,
(a) refund the Price of the Product returned to your original payment method;
(b) provide you with a store credit of the same price of the product
(c) exchange the Product for another size.
8.4 However, we will not be able to refund any delivery fees that you have paid at purchase to have the Product shipped to you. If the return, in our reasonable opinion, is not in compliance with clause 8.1, we will contact you to ship the Product back to you and you will be liable for the shipping costs both to and from us. This return shipping clause is not to be confused with clause 5.8.
9.1. We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.
9.2. If you wish to cancel your order, please contact our Customer Service Team via email@example.com. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.
10. Swapping Services
10.1. When you chose to use Clothes Loop’s Swapping Service, you agree to all the terms provided throughout this document. The Swapping Service includes content from us, you, and other users. Clothes Loop and the Clothes Loop community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system
10.2. When communicating with other users during a swapping transaction, you must not do any of the following:
(a) Post publicly another user’s information (including their details, contact information
(b) Mine or gather user details and data obtained during a swap
(c) contact users for unsolicited activity that is outside of swapping
(d) Mislead users during and after a transaction, which may include inaccurate descriptions of garments and uploading misleading imagery.
(e) Not fulfilling your responsibility
10.3. To register and participate in the Swapping Service, you must be living in Australia with an Australian residency address. If you are found trying to use our Swapping Service without an Australian Residency address and not living in Australia, your registered account within the service will be blocked and awaiting further consequences.
10.4. When you agree to participate in a Swap, you will receive the basic information from the other party you intend to swap with, and they will receive your basic information. The basic information will include:
(a) Email to contact between parties
(b) First Name
10.5. Clothes Loop are not liable for the sharing of this information by external parties during or after the use of our Swapping Service.
10.6. If you have any disputes during the Swapping process, you are required to contact Clothes Loop by email at firstname.lastname@example.org. We are able to step in to help mitigate the dispute depending on the circumstances of the dispute, however will only assist either until resolved or 7 days after initial contact.
11. Copyright and Intellectual Property
11.1. The Website, the Purchase Services, the Swapping Services
11.2. Clothes Loop retains all rights, title
(a) the business name, trading name, domain name,
(b) the right to use or exploit a business name, trading name, domain name,
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
11.3. You may not, without the prior written permission of Clothes Loop and the permission of any other relevant rights owners: broadcast, republish,
11.4. Information about goods on the Site is based on material provided by
11.5. Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in
13. General Disclaimer
13.1. You acknowledge that Clothes Loop does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
13.2. Clothes Loop will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes,
13.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Clothes Loop we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.5. Use of the Website, the Purchase Services, and any of the products of Clothes Loop (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Clothes Loop, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Clothes Loop (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Clothes Loop) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14. Limitation of Liability
14.1. Clothes Loop’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Clothes Loop is the resupply of information or Purchase Services to you.
14.2. You expressly understand and agree that Clothes Loop, its affiliates, employees, agents, contributors, third party content providers
14.3. Clothes Loop is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Clothes Loop, by third parties or by any of the Purchase Services offered by Clothes Loop.
14.4. You acknowledge that Clothes Loop does not provide the Delivery Services to you and you agree that Clothes Loop will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
14.5. This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
14.6. Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied by law; or
(d) any other Liability which cannot be excluded or limited by applicable law.
15. Termination of Contract
15.1. The Terms will continue to apply until terminated by either you or by Clothes Loop as set out below.
15.2. If you want to terminate the Terms, you may do so
(a) notifying Clothes Loop at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Clothes Loop has made this option available to you.
15.3. Clothes Loop may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Clothes Loop is required to do so by law;
(c) the partner with whom Clothes Loop offered the Purchase Services to you has terminated its relationship with Clothes Loop or ceased to offer the Purchase Services to you;
(d) Clothes Loop is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Clothes Loop is, in the opinion of Clothes Loop, no longer commercially viable.
15.4. Subject to local applicable laws, Clothes Loop reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Clothes Loop’s name or reputation or violates the rights of those of another party.
15.5. When the Terms come to an end, all of the legal rights, obligations
16.1. You agree to indemnify Clothes Loop, its affiliates, employees, agents, contributors, third party content providers and licencors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
17. Dispute Resolution
17.1. In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
18. Venue and Jurisdiction the Purchase Services offered by Clothes Loop is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
19. Governing Law the Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
21. Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Clothes Loop: Entity of Rose Duong ABN: 44796959833.
Last Updated 14th November 2018