TERMS AND CONDITIONS
ONE WEAR DESIGNS PTY LIMITED
One Wear Designs Pty Limited (ACN 147 804 644) (“us” or “we”) operate the Website www.oneweardesigns.com (“the Website”).
Your use of the Website is subject to these Terms and Conditions. If any part of these Terms and Conditions are found to be invalid then that part will be removed from these Terms and Conditions but the remaining Terms and Conditions shall continue to be in force. These Terms and Conditions are subject to the laws of New South Wales, Australia.
Using the Website
You must be 18 years or older to buy or sell on the Website.
Nothing in these Terms and Conditions or your use of the Website constitutes a relationship between us of agency, partnership, joint venture or employment.
You must not manipulate, or interfere with, any item or the price of any item advertised on the Website.
We may bar, suspend, terminate or limit your access to the Website at any time if you are in material breach of the Terms and Conditions
Trading is between sellers and buyers
We operate the Website to provide a forum for items to be advertised for sale and to be purchased. We do not control and we make no warranties in relation to the accuracy or appropriateness of any items advertised for sale on the Website.
We make no warranties in relation to the ability of sellers and buyers to enforce or complete a transaction.
Sellers advertise items at a fixed price and buyers can purchase the items at the fixed price via the Website. Alternatively, buyers can negotiate a different price by direct communication with the seller.
Sellers and buyers communicate via email to organise payment and delivery.
As a buyer, when you commit to buy you enter into a legally binding contract to purchase the item from the seller at the agreed price and upon the agreed delivery arrangements.
As a seller, when you advertise an item you must ensure that:
you describe the item accurately.
You choose the appropriate category for your Advertisement;
the advertised item is within appropriate laws; and
all Advertisement content complies with our Terms and Conditions.
Payment methods are at the discretion of the seller and may include, but not limited to:
Cash on delivery
Sellers must not communicate to buyers to mail cash or use payment methods that are cash transfer services.
Sellers must include your overhead costs in the price of the item. Additional costs for delivery and handling may be added to the price of the item.
Advertising rules for sellers
Sellers must only advertise one item per Advertisement and every Advertisement must only have one selling price.
cannot begin with “aaa”
must start with a capital letter
cannot contain all UPPERCASE letters
must contain a price as $ symbol followed by numbers, eg. $27.95
must not contain the words “ONO” or “Negotiable” or POA or “Price on Application”
only letters, numbers, spaces, quotations and full stops can be used
Advertisements must not contain any of the following
applets, forms, executable files or active content
video, sound and animations
direct links to downloadable files
inputs from Microsoft Word or PowerPoint
links to external CSS, storefronts or websites that offer services or goods for sale
dynamic scripting languages (eg Flash, XML, CGI and PHP)
The item for sale must be described accurately and honestly in the Advertisement. Misrepresentation can include:
listing Advertisements in inappropriate categories
entering keywords in the title or description that do not appropriately describe the item
identifying an inaccurate location of the item.
Sellers must have possession of the item and intend to sell the item.
Sellers must be legally able to sell the item you are advertising.
Advertisements that relate to items you sell through your business must display your business details including the following information:
business registration number
business license number
Advertisements must not be for the conduct of illegal activities.
Advertisements must not include offensive language or profanities. We may withdraw or alter an Advertisement that contains inappropriate language or information.
Advertisements must not infringe another party’s intellectual property rights. We will remove the Advertisement if we believe it infringes another party’s intellectual property rights.
Sellers must not make reference to other organisations or websites that offer to trade, sell or purchase goods outside of the Website.
Breaching our Terms and Conditions may result in Advertisement cancellation, account suspension and the loss of fees on cancelled Advertisements.
We may remove or alter any Advertisement if we consider it to be offensive, inappropriate, misleading, deceptive or defamatory:
We may also edit the Advertisement or change the category of your Advertisement.
We will endeavour to notify you if we remove, alter, edit or change the category of your Advertisement.
Sellers will be required to pay us a listing fee.
When you list your item for sale on the Website you will be charged the applicable listing fee including GST for each listing.
Sellers will be notified of the listing fees payable for your use of the services available on the Website and you will be responsible for paying those fees.
Listing fee payments will be charged to your nominated credit card at the time of listing.
Sellers are not permitted to transfer listing fees to the buyer by adding an extra fee to the sale price.
As of 1 January 2011, the listing fee for Tier 1 is $3.00, Tier 2 $2.00, Tier 3 $1.50 GST included if applicable per upload of each individual item.
Not applicable as at 1 January 2011.
We have the total discretion to change commission rates at any time.
Payment surcharges are fees passed on to us by a bank or payment service provider for the provisioning the payment service. Examples of a bank or payment service provider’s surcharges and fees include, but not limited to:
Sellers are not permitted to charge buyers additional surcharges or fees from banks or payment services providers as an additional cost on top of the sale price. These surcharges or fees should be included within the total cost of the item.
Where GST is applicable on any items you are selling the advertised price must be inclusive of GST. It cannot be charged to the buyer as an additional cost on top of the sale price or final winning bid amount.
The terms that apply to our supply of the Website are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
We accept our liability to you if we breach a contract with you or act negligently.
We do not accept liability to you for losses:
that result from your use of our Website in connection with buying or selling.
connected with any dispute between you and one or more other users of the Website.
resulting from any breach of contract or negligence that it is caused by you
that results from your failure to take reasonable steps to avoid or minimise your loss; or
caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable
caused by problems outside our control such as equipment failure, internet access failure or interference by unauthorised users.
caused by the alteration, withdrawal or restoration of any material in accordance with our Terms and Conditions.
We accept advertisements in good faith on the basis of warranties provided by each seller. We do not warrant or represent that the items advertised on the Website will be suitable for any particular purpose, or that any seller has any particular qualifications or is legally entitled to carry on a particular business.
We do not represent or warrant that the content on the Website complies with the laws of any country outside of Australia. If you access the Website from outside Australia, you do so at your own risk.
Nothing on the Website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
You are liable for any losses we suffer from a breach of contract or negligence by you.
You indemnify us against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms and Conditions.
You release us from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the Website.
You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the Website. It is your responsibility to verify any information on the Website, or provided to you by other users of the Website before relying on it.
We may suspend, terminate or limit your access to the Website with as much warning as we reasonably can, if:
non-payment of outstanding fees;
we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the Website(including credit risk resulting from you not paying any fees owed to us on time);
the law requires us to do so;
we believe on reasonable grounds that providing access to the Website to you is illegal or may become illegal;
there is an emergency; or
we have received a serious complaint or multiple complaints regarding your activity on the Website.
You warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the Terms and Conditions.
You must not:
Use the content on the Website for any other Website;
incorporate any of the content on the Website with any other material, including advertising or promotional material;
create HTTP links from the Website to any other website on the Internet;
use the Website or any facilities available on the Website for any activities or transmit to or via the Website any information or material, which:
breaches any laws or regulations;
breaches the Terms and Conditions;
infringes a third party's rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;
is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying our site;
is false or misleading;
is an unsolicited commercial electronic message;
impersonates another person (for example, by pretending to be someone else when you register as a member or uses another user’s account without permission; or
identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority;
make unauthorised modifications to the content on the Website;
knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Website; or
attempt to do, or permit another person to do, any of the above acts.
It is your responsibility to notify us upon the sale of the item in your ad to ensure that the ad is removed from the Website and that you are no longer charged for your ad.
We aim to protect your privacy and your personal information.
Your personal information may be used to:
verify your identity;
assist you to subscribe to our services;
We take reasonable steps to maintain confidentiality and privacy in relation to the protection of your personal information.
We may disclose your personal information to:
credit-reporting and fraud-checking agencies;
credit providers (for credit related purposes such as credit-worthiness, credit rating, credit provision and financing);
our related companies;
our professional advisers, including our accountants, auditors and lawyers;
Changes to the Terms and Conditions
We may change the Terms and Conditions if we are required by law or for other lawful purposes.
If we change the Terms and Conditions the changed Terms and Conditions will be posted on the Website notifying users of the changes.
If you are a seller, these changes will not apply to advertisements that you have already placed on the Website.