Terms and Conditions of Use

The roundshegoes.com.au website (‘Website’) is owned and operated by Vintage Sisters Pty Ltd ABN 37 137 430 132 (‘Round She Goes’) and is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (‘Terms’).

References to ‘us’ means Round She Goes and references to ‘you’ mean you, the user of the Website. By using the Website, including without limitation only visiting or browsing the Website, you are deemed to have accepted these Terms, including the additional terms and conditions and policies incorporated by reference into these Terms. The Terms constitute the entire agreement between us and you concerning the Website, including the online Round She Goes market service accessible at roundshegoes.com.au/shop (‘Round She Goes Market’).

The Round She Goes Market

The Round She Goes Market is an online service on the Website that allows you to sell and buy women’s fashion items, including clothing and accessories, using the Website.

Each transaction and interaction on the Round She Goes Market occurs solely and completely between a user selling on the Website (‘Seller’) and a user buying on the Website (‘Buyer’). Round She Goes plays no part in the transactions and/or interactions that occur between Sellers and Buyers other than providing the Round She Goes Market platform and suggesting guidelines for them to operate within. Round She Goes takes no responsibility, in any way whatsoever, for any products, including without limitation the quality or integrity of a product, the transaction, and/or interactions between Sellers and Buyers or any consequences resulting from these or any other activities on the Website.

Selling

Any person in Australia can apply to to sell on the Website providing they have quality womenswear items to sell. Your eligibility to sell on the Website will be determined by us at our sole discretion.

The Round She Goes Market is intended for persons who are 18 years or older. By registering to use the Round She Goes Market, you represent and warrant that you are 18 years or older and capable of entering into a legal binding agreement to use the Round She Goes Market.

Sellers must be residents of Australia and residing in Australia to sell on the Website.

If you are registering for a business, you are declaring that you have authority to act on behalf of the entity for which you have registered. The information provided in the registration and in relation to your account must be true, correct, and not ambiguous, and must be updated by you when changes occur.

Registered users are able to set up their online Round She Goes Market profile (‘Shop’) and list their items for sale.

Round She Goes is strictly for women’s preloved fashion items (and new lingerie and make-up) or handmade items. The following can be sold using the Round She Goes Market service:

 – skirts and shorts;

 – dresses;

 – tops and blouses;

 – accessories (hats, belts, sunglasses, badges, scarfs, gloves, fascinators, tights and stockings, and hair accessories);

 – shoes;

– trousers and leggings;

– coats and jackets;

– new, unused lingerie;

– swimwear;

– new make up and perfume;

 – jewellery;

– bags and purses;

– jeans;

– suits; and

– jumpers and cardigans.

High-end luxury items such as new or near new designer handbags must include an original receipt or proof of authenticity. Round She Goes can recommend authorised certifiers. Round She Goes may, at its sole discretion, remove or refuse certain item listings if the items do not comply with the aesthetic and quality requirements of Round She Goes. Items deemed offensive by Round She Goes will be removed without warning. Offensive items include any items suspected or deemed to be illegal or in bad taste, including without limitation counterfeit items.

Prior to sale, the details, price and other information in an item listing can be changed by the Seller. An item listing becomes a binding offer for sale at the price, and on the basis of the item details, at the time a Buyer agrees to purchase that item and proceeds with payment. Once an item has been sold, the details relating to that unique item cannot be changed under any circumstances.

Where the information relating to an item is incorrect or misleading at the time of sale, the Seller is liable to give a full refund, including the relevant postage, shipping, and handling costs (‘Postage Costs’), to the Buyer. Where an item listed on the Seller’s Shop is also listed elsewhere, the Seller must take immediate action to remove that listing from Round She Goes Market when it is sold.

Sellers are wholly responsible for ensuring that they are legally entitled to sell the items they list for sale on their Shop. Sellers agree to ship purchased items to the Buyer promptly. Slow delivery may justify poor feedback from a Buyer. Postage Costs set by the Seller must be reasonable.

Any Seller who has received payment for an item but has failed to send it within a reasonable window of time may have their account terminated and be banned by us, at our sole discretion, from all Round She Goes activities, including without limitation the Round She Goes Market and offline market events.

If any item you have listed sells online with us and you cannot ship it to the buyer because it had already sold anywhere else, it's a very bad experience for the buyer. In such cases, we might require you to compensate the buyer, and take additional measures, including suspending your account.

From time to time, Sellers may organise promotions or sales on their Shop items at their discretion.

All Seller sales terms must be stated in the Seller’s Shop policies.

In order to receive payment for the sale of any of their items on the Round She Goes Market, Sellers must have an active PayPal online payment service (‘PayPal’) account. Sellers must also specify the email address of their PayPal account in their Shop. Failure to do so will mean that a Seller will not be able to receive the proceeds of any sales of their items.

All applicable taxes such as GST are the Seller’s responsibility.

Buying

Buyers agree to buy an item on Round She Goes by clicking the ‘Proceed to checkout’ button. By agreeing to purchase and paying for an item, you form a binding agreement to purchase that item and are bound by any policies and/or terms and conditions of the Shop from which you purchased it, providing that those policies and/or terms and conditions are not in breach of these Terms.

You can purchase items by using your PayPal account or by using a credit card or debit card (via PayPal). PayPal is a safe and secure way to pay online. To be entitled to PayPal Buyer Protection for a purchase, you must log in and pay via your PayPal account.

Prior to the time of sale, the details, price and other information in relation to an item can be changed by the Seller. If information relating to an item has been found to be incorrect or misleading at the time of sale, the Seller may be liable to provide the Buyer with a full refund, including Postage Costs, to the Buyer.

As a Buyer, it is your responsibility to make sure that you are legally entitled to purchase any item that you purchase and that your shipping address is specified correctly when making a purchase. 

PayPal Acceptable Use Policy

In order to use PayPal, PayPal Australia requires that users comply with the PayPal Acceptable Use Policy, which can be viewed at: www.paypal.com/au/webapps/mpp/ua/acceptableuse-full

International users

The Website is controlled, operated and administered by Round She Goes from within Australia. If you access the Website from a location outside the Australia, you are responsible for compliance with all local laws. You agree that you will not use the Round She Goes content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

All Buyers located outside of Australia (‘International Buyers’) should be aware that by making a purchase through the Website, the transaction may incur import tariffs, charges, and/or extra fees and duties dependent on the country in which the Buyer resides. Round She Goes takes no responsibility for any such charges. It is the responsibility of the Buyer in all circumstances to perform sufficient research into such costs and requirements prior to executing an international purchase.

Prohibited items

Counterfeit and fake items are illegal and are strictly banned and prohibited from being sold on the Round She Goes Market. We will immediately remove listings of such items and Sellers attempting to sell such items will no longer be allowed to sell through the Round She Goes Market. 

– The following items are also prohibited for ethical, hygiene, and quality reasons:

– new fur (vintage, pre-1980s fur is accepted);

– used undergarments of any kind, including without limitation bras and lingerie;

– sanitary products;

– used body-piercing jewellery;

– opened cosmetics;

– damaged items, including without limitation ripped, torn, faded, holey or stained items or items missing buttons or zips.

Prohibited conduct

All users agree not to threaten, harass, or intimidate any other users for any reason.

Sellers agree that they will not use the Website’s mail and messaging system (‘Mail’) to spam or harass Buyers or solicit buyers to purchase their items without the use of the Website. Any Seller who uses the Mail function for these purposes will have their account terminated and will no longer be able to use the Website or the Round She Goes offline market events to sell their items.

You are not allowed to contact other Website users to arrange to bypass our fees for the Round She Goes Market services. Where this conduct is found to have occurred, both parties will be permanently prevented from participating in future Round She Goes online and offline activities.

Sellers are not permitted to list their website address on the Website, including without limitation on their Shop, or otherwise direct potential Buyers to their own or other online shops.

You agree not to upload material that:

is subject to third-party proprietary rights, including without limitation intellectual property rights;

is false or misleading;

could be damaging in any way to Round She Goes or any third party; or

is unlawful, obscene, defamatory, threatening, offensive, or otherwise inappropriate.

You are strictly prohibited from:

using the Website for any activities that are in breach of any laws or regulations, that infringe a third party’s rights, or that are contrary to any relevant standards;

deliberately setting items at a low price with high postage in order to avoid paying the Website commission;

using another user’s name, username, password, or account without their express permission;

tampering with, hindering the operation of, or make unauthorised modifications to the Website;

knowingly transmitting any viruses, worms, defects, Trojan horses, or other disabling feature(s) to the Website;

using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website;

modifying, adapting, translating, or reverse engineering any portion of the Website;

collecting any information about other users, including without limitation usernames and/or email addresses, for any purpose other than to sell and buy items through the Round She Goes Market;

reformatting or framing any portion of the web pages that are part of the Website;

creating false or fraudulent user accounts or creating accounts by automated means;

using the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store illegal material;

imposing an unreasonable or disproportionately large load, as determined at our sole discretion, on the Website infrastructure;

using the Website otherwise than in accordance with these Terms; or

attempting any of the above acts or procuring another person to do any of the above acts.

User ID and password

You agree to keep their user ID and password combination safe and protected and must not disclose this information to any other parties and agree to accept responsibility for all activities that occur through your personal account. You must not allow anyone to directly or indirectly use your Website account. You must not assign, give, sell, or otherwise transfer your account to another party. You must choose a password that does not contain easily identifiable number and letter combinations. You acknowledge that we are not responsible for any third-party access to your account.

Cancelation of your account

Round She Goes may refuse or cancel your access to, and use of, the Website or its services, terminate accounts, remove or edit contents of an account, or forfeit any special arrangements made in relation to an account for any reason at its sole discretion.

If you breach any of these Terms, Round She Goes has the right to suspend or disable your account or terminate these Terms at its sole discretion and without prior notice to you.

Suspended or cancelled users are not permitted, under any circumstances, to create another account on the Website under any other name.

You may cancel your account at any time by sending an email to us.

Fees and payments

It is free to register as a user of the Round She Goes Market. Sellers are charged a $19.95 annual user fee to list on the website and a 7.5% commission by us on the final purchase price of each item, excluding Postage Costs. The $19.95 fee is waived for Users who have participated in Round She Goes Market events. No commission is charged in relation to Postage Costs. The only form of payment accepted by us is payment via PayPal.

All sales transactions on the Website are done through PayPal and PayPal Australia Pty Limited ABN 93 111 195 389 (‘PayPal Australia’) charges you for receiving Payments, as set out at: www.paypal.com/au/webapps/mpp/paypal-fees. Any fees, commissions, or charges owed to PayPal Australia in association with using PayPal’s services are the responsibility of the Seller.

Postage Costs are determined by Sellers and must be reasonable. Sellers determine whether they will ship items overseas at their sole discretion. International Buyers are able to communicate with Sellers using Mail to determine relevant Postage Costs for their country if such costs are not already listed by the Seller.

Refund policy and procedure

Sellers are encouraged to provide as much information as possible when listing an item on the Website in order to provide an accurate representation of the item, including its quality, size, and history.

In setting up their Shop, Sellers must specify their refund and exchange policy and specify who will pay the Postage Costs if an item must be returned. A Seller’s refund and exchange policy must comply with Schedule 2 of the Competition and Consumer Act 2010 (Cth) (‘Australian Consumer Law’) to the extent that the Australian Consumer Law applies.

Consumer guarantees under the Australian Consumer Law do not apply to one-off sales by private Sellers (consumer to consumer sales), but do apply to sales made in the course of any Seller’s business (business to consumer sales). You can read more about the distinction at: www.consumer.vic.gov.au/shopping/online-shopping/buying-from-a-private-seller-online.

It is each Seller’s responsibility to understand and comply with legal requirements that apply to sales they make through the Website. 

If a Buyer wants to lodge a claim for a refund or exchange, they can do this through the Website but logging into their account, clicking on ‘My Invoices’ and the ‘lodge a refund request’ in the ‘Action’ column beside the relevant purchase in the list of their purchases. This will send a refund request to the Seller. Alternatively, a Buyer can send a Mail message to the Seller requesting an exchange or refund.

It is the Seller’s responsibility to determine whether they will provide a refund or exchange. It is possible to provide a refund through PayPal within 45 calendar days of the original transaction.

PayPal Buyer Protection

If a Buyer is not satisfied with a Seller’s response to their request for a refund or exchange, they can raise a dispute through PayPal’s Resolution Centre. You can read more about PayPal’s transaction dispute process at: www.paypal.com/au/cgi-bin/webscr?cmd=xpt/CaseManagement/customerservice/EducationBuyerOverview.

To be entitled to PayPal Buyer Protection, you must have paid for the item through your PayPal account. It is at PayPal’s discretion to determine whether a customer will get its money back. You can read more about PayPal Buyer Protection at: www.paypal.com/au/webapps/mpp/ua/useragreement-full#Buyer_Protection_Policy.

Using Mail and communicating and interacting with other users

Sellers and Buyers are able to communicate with one another via Mail. Round She Goes reserves the right to monitor all Mail communications to ensure that there is no improper use of the Website, including without limitation use that does not comply with these Terms.

Visiting the Website and using Mail constitutes electronic communications. You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and the Website, satisfy any legal requirement that such communications be in writing.

The Website provides a platform for social networking, communication, and interacting with other users. All communication between users must be appropriate, respectful, lawful, and not defamatory or offensive in any way. Round She Goes is not responsible for the content of this communication between users, including without limitation its accuracy, or for any consequences of any kind resulting from users engaging with this content and other users through the Website. This includes consequent interactions through other online forums, networks, emails, or in person.

Intellectual property in material from the Website

All of the material on and in relation to the Website, except content uploaded by you to the Website (‘User Content’), is copyrighted and remains the property of Round She Goes, or in the case of some material, a third party. Ownership of User Content, including without limitation written material and images related to Shop items, vests in Round She Goes when it is uploaded to the Website. Ownership of your items, including any intellectual property rights related to the items, does not vest in Round She Goes at any time.

You have no rights in, or license to, any of the intellectual property, trade marks, logos, content, software and source code, names or designs, whether registered or unregistered, associated with the Website and Round She Goes.

Except for your personal, non-commercial purposes, you are not permitted to copy, reproduce, modify, transmit, post, publish or distribute, whether electronically or otherwise, any material from the Website or any part of the Website, including all or any part of the technology or software, including source code, comprising our Website (‘Software’), except for the Website URL.

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, transfer any right to, or otherwise deal with the Software. You agree not to modify the Software in any manner or form or to use modified versions of such Software.

Third-party websites and marketing material

By signing up to the site as a User, you agree to be subscribed to the Round She Goes newsletter.

From time to time, the Website and our newsletter may include hyperlinks to third-party websites. Round She Goes takes no responsibility for the content of those sites and you enter linked sites at your own risk.

Limitation of liability and indemnity

You acknowledge that the Website may be affected by outages, faults, or delays. Such outages, faults, or delays may be caused by factors outside of our control, including technical difficulties with the performance or operation of our or another party’s software, equipment, or systems, traffic or technical difficulties with the Internet or infrastructure failures. Round She Goes does not warrant that your use of the Website, or any other Website that is accessible from this Website, will be uninterrupted or free from errors, defects, and viruses or that the information provided will be current. Round She Goes makes no express or implied representations or warranties of any kind as to the operation of this Website or any information, goods, or services offered on this Website, except to the extent that such obligation cannot be excluded at law.

To the fullest extent permitted by law, Round She Goes is excluded from any and all liability for any direct or indirect loss, damage, cost, or expense, however or wherever incurred, including without limitation any loss, damage, cost, or expense that results from:

your or other users’ use or misuse of the Website or any material on the Website or conduct on the Website;

your inability to access or use the Website or any material on the Website;

the loss or modification of information or material transmitted to or from the Website;

the loss of confidentiality in any information or material transmitted to or from the Website;

any defect, technical problem, or virus attached to or arising from the Website or the server;

any injury or illness you or any other person sustains as a result of the use of the Website; and

the products displayed on the Website being unavailable at any time.

You are entitled to statutory consumer guarantees under the Australian Consumer Law. These guarantee that our services will be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage; fit for the purpose or give the results that you and Round She Goes have agreed to; and are delivered within a reasonable time. Round She Goes does not exclude or limit those consumer guarantees.

You indemnify Round She Goes, its subsidiaries, related entities, directors, officers, and employees against any and all loss, damage, demand, cost, or expense claimed by a third party as a result of or in connection with your use of or conduct on the Website, including without limitation conduct that infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party, or your breach of these Terms.

Privacy and Security

Any personally identifiable information that you submit through or in relation to the Website is collected and used by Round She Goes in accordance with its Privacy Policy. You can review the Privacy Policy here [insert link].

This site uses a DigiCert SSL Certificate to offer secure communications by encrypting all data to and from the site. DigiCert has checked and verified the Website’s registered domain name. This information is included in the SSL certificate that we issue. This enables you to check the Website's validity yourself.

Exclusion of competitors

If you are in the business of facilitating the online buying and selling of pre-loved fashion items then you are a competitor of Round She Goes. Round She Goes expressly excludes and does not permit you to use or access the Website, to download any documents or information from its Website or obtain any such documents or information through a third party (‘Unpermitted Conduct’). If you engage in any Unpermitted Conduct, then Round She Goes will hold you fully responsible for any loss that it might sustain and hold you accountable for all profits that you make from such conduct.

Round She Goes may exclude and not permit any person, at its sole discretion, from using all or any part of its Website.

Feedback

Feedback on the Website

We welcome feedback from you about this service and Website. If you do provide feedback to us, you waive any rights to receive credit or payment from us if your feedback if it is implemented on the Website.

Feedback on Shops

Users are encouraged to provide feedback on Shops. All feedback must relate only to the transaction that occurred and must be factual, objective, and honest. Negative feedback will need to be justified by you, and approved by Round She Goes for publication, and must not be offensive or defamatory. Sellers are permitted to contact Buyers via the internal messaging system to ask Buyers to provide feedback after the Seller has sold them an item.

Complaints

Please assist us by letting us know about any prohibited, inappropriate, or potentially inappropriate content you see on the Website. You can do this by clicking the ‘Report this item to Round She Goes’ link that will be displayed near each item. Round She Goes will contact the Seller of any offending material. We will contact you if we need additional information from you. The relevant Seller will have the opportunity to provide proof to support their case. Round She Goes will review each case and determine, at its sole discretion, whether there is any relevant infringement. 

Changes to the Website and your access

Without prior notice to you and in its absolute discretion, Round She Goes reserves the right to:

suspend, disable or terminate your access to part or all of the Website at any time at its sole discretion; and

vary or discontinue the Website or any page or part of the Website at any time.

Round She Goes is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

Changes to the Terms

Round She Goes reserves the right to amend these Terms from time to time at its sole discretion. Amended Terms come into effect from the time they are posted on the Website. You should review this page when you visit the Website to ensure that you are aware of any changes to the Terms. Your continued use of the Website after we make any such changes constitutes your binding acceptance of those amended Terms.

Severance of clauses

If any clause of these Terms is held to be invalid, void, or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remaining clauses.

Governing law

This Website may be accessed in Australia and throughout the world. We make no representation that the content of this Website complies with the laws outside Australia and your access of this Website outside Australia is at your own risk. These Terms will be governed by and construed in accordance with laws in force in Victoria, Australia, and you agree to submit to the jurisdiction of the courts of Victoria, Australia.

Assignment

Round She Goes may assign this agreement to a third party without your consent. 

Contact information

You can contact Round She Goes Online by email at online@roundshegoes.com.au or by post at Round She Goes, PO BOX 193, Brunswick, VIC, 3056, Australia.