TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS
www.styletheplayground.com is a Website operated by Style the Playground Pty Limited ACN 612 602 141 of 27 Barnes Crescent, Menai (“we“, “us” and “our“).
By using this Website, or the services offered on this Website (“Services”), you agree to be bound by these General Terms and Conditions.
We reserve the right to vary these General Terms and Conditions by providing you 10 days’ notice (which may be provided by posting a notice on this Website). You will be deemed to have accepted such changes by continuing to use the Services.
- The Services
1.1 We provide Customers and Sellers access to a platform which displays products available for purchase from various sellers both within and outside of Australia.
1.2 You acknowledge and agree:
(a) if you are a customer:
(i) you are making an offer directly to the Seller to purchase the product;
(ii) purchase terms will apply between you and the Seller (we are not a party to such terms unless we are the Seller) which:
(A) includes the Purchase Terms; and
(B) may include additional terms notified to you by the Seller; and
(iii) no order shall be deemed to be accepted by the Seller until the Customer receives an email acknowledgement of the order (“Order”). The contract between you and the Seller will relate only to those products notified in the email acknowledgement of the Order.
(b) if you are a Seller:
(i) the Seller Terms will apply between us and you; and
(ii) the Purchase Terms will apply between you and the Customer (we are not a party to those terms).
- Intellectual property
2.1 All copyright, images, logos, text, trade marks, content and any other Intellectual Property Rights in this Website are owned or licensed by us and must not be used in any way without our prior written consent.
2.2 We grant you a limited, non-transferable licence to access and use this Website solely for your personal use in connection with the sale or purchase of products.
2.3 Except as provided in these General Terms and Conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
2.4 Subject to applicable law, we may revoke the permission referred to in clause 2.2 at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website with notice.
2.5 You own all rights, title and interest to the content that you submit or post on this Website.
2.6 You grant us a worldwide, royalty-free, non-exclusive, sub-licensable licence to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, the content you upload on this Website for any purpose. You warrant that you have the right to grant us such rights.
- General restrictions
3.1 You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under clause 3.2.
3.2 You must immediately notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
3.3 In using this Website, you must not:
(a) provide us with inaccurate or incomplete information;
(b) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these General Terms and Conditions;
(c) impersonate any person;
(d) distribute Viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(e) collect or store personal data about other users of this Website; or
(f) engage in any other conduct that inhibits any other person from using or enjoying this Website.
- Information on this Website
4.1 You understand that the Services are provided “as is” and “as available”. We do not represent or warrant that:
(a) the content on this Website or information provided by any Seller is accurate, complete or current; or
(b) your access will be uninterrupted or error free.
- Variation of this Website
5.1 Access to this Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
5.2 We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any, or all, of this Website or the Services (including the Sellers that may be included from time to time on this Website).
- Suspension and termination
7.1 You may terminate your account with us at any time by giving us 14 days’ notice.
7.2 We reserve the right to, in our sole discretion, suspend or terminate your account on notice to you.
7.3 In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and we may contact you, your bank or any other relevant third party to report such unusual activity.
- Exclusion of liability
8.1 To the extent permitted by law, we exclude:
(a) all conditions, terms, representations and warranties other than those expressly set out in these General Terms and Conditions; and
(b) all liability whatsoever for any costs, expenses, damages, liabilities or losses (both direct and indirect) arising in connection with your dealings with Sellers or Customers (as the case may be) or your use of the Services or this Website.
8.2 Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the Services (or equivalent services) again or the payment of the cost of having the Services supplied again.
8.3 To the extent that our liability cannot be excluded:
(a) you agree to indemnify us against all claims for loss or damage or any other liability whatsoever arising out of your use of the Services or this Website or breach of these General Terms and Conditions;
(b) you release and hold us harmless in connection with any dealings with any Seller (unless we are the Seller) or Customer (as the case may be) including the acts, omissions or representations of any Seller or Customer or any dispute with, or claim against, any Seller or Customer (as the case may be); and
(c) to the extent permitted by law, our maximum liability to you will be limited to $500.
9.1 Neither party will be liable for any delay in performing any of its obligations under these General Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of that party.
9.2 If any part of these General Terms and Conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
9.3 These General Terms and Conditions are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
9.4 Each party agrees that the other may communicate with it electronically for all aspects of any product purchase, including by sending electronic notices.
9.5 The provisions of these General Terms and Conditions which by their nature survive termination or expiry will survive termination or expiry.
- Definitions and interpretation.
10.1 The following definitions apply to these General Terms and Conditions, the Seller Terms and the Purchase Terms:
(a) Australian Seller means a Seller that supplies products in Australia or through an enterprise carried on in Australia, or whose supply of products is connected with Australia. In the preceding sentence, “enterprise”, “carried on in Australia” and “connected with Australia” have the meanings defined in the GST Law.
(b) Charge-back Fee means, in relation to any payment dispute, the amount charged by the Website Payment Provider in connection with resolution of that dispute.
(c) Claim means any claim, action, proceeding or demand.
(d) Commission means our commission charged to the Seller by us, calculated at the rate set by us from time to time.
(e) Confidential Information means any information disclosed or revealed by one party to the other party under or in relation to these General Terms and Conditions that is by its nature confidential, is designated by the disclosing party as confidential or the receiving party knows or reasonably ought to know is confidential (including the terms of these General Terms and Conditions) BUT EXCLUDING information that is published or has otherwise entered the public domain without a breach of these General Terms and Conditions or other obligation of confidence, is obtained from a third party who has no obligation of confidentiality to the disclosing party or is independently developed or obtained without breach of these General Terms and Conditions.
(f) Customer means a customer that places an Order on the Seller’s store on this Website.
(g) Delivery Address means, in relation to an Order, the address that the Customer has specified in the shipping details as the address to which the product is to be sent by the Seller.
(h) Exclusive means, in relation to a product, that the product is available for purchase from the Seller only through the Store and not directly or through any other website or distribution channel.
(i) Fee means a fee which the Seller has agreed to pay to us.
(j) GST and GST Law have the meanings defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(k) Intellectual Property Rights means all the rights conferred by the law of any country or jurisdiction in the world in relation to any invention, discovery, literary work, dramatic work, musical work, artistic work, copyright, moral right, database, trade mark, service mark, design, patent, semiconductor topography, confidential information, know-how, or trade secret, and in each case whether or not it has been reduced to a material form, and howsoever it may be recorded, stored or embodied.
(l) Loss means any damage, loss (including any currency exchange loss), cost, expense or liability.
(m) Non-Australian Seller means a Seller that is not an Australian Seller.
(n) Non-Excludable Provision means a guarantee, term, condition, warranty, right or remedy implied or imposed by any Australian statute (for example, the Australian Consumer Law) or regulation which cannot lawfully be excluded or limited under the terms of that statute or regulation.
(o) Order means an order placed by a Customer to purchase a product from the Seller using this Website.
(p) Purchase Price means:
(i) the purchase price specified on this Website at the time that the Customer places an Order; and
(ii) any applicable shipping and insurance charges based on the options selected by the Customer, which will be shown separately,
(q) Returns Policy means the policy on returns and refunds stated on this Website.
(r) Seller means
(i) a person who has applied to sell on this Website and has been accepted as a seller by us, subject to the terms of these General Terms and Conditions, the Purchase Terms and the Seller Terms as amended from time to time; or
(ii) us, where we are selling on the Website, subject to these General Terms and Conditions and the Purchase Terms.
(s) Seller Administration Section means the section of this Website’s content management system that is used by the Seller to upload information and image files and manage Orders.
(t) Seller’s Information means any information or materials that the Seller provides in its Store, including any product names, images or trademarks.
(u) Seller’s Website means a website published by or on behalf of the Seller and includes any website through which the Seller offers products for sale, other than this Website.
(v) Store means the information, images and other content the Seller has provided for inclusion on this Website or which the Seller has uploaded to this Website through the Seller Administration Section.
(w) Tax means all forms of taxation including goods, services, value-added, withholdings, charges, assessments, contributions, remittances, imposts, excises, levies, duties and rates, whether imposed in Australia or elsewhere; and includes any reassessments of any such taxation and all penalties, interest, fines, or the like imposed in respect of any such taxation.
(x) User Manual means the user manual made available to the Seller through the Seller Administration Section (as amended from time to time).
(y) Virus means any computer virus, macro virus, trojan horse, worm or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or network, or to intercept or access without authority or expropriate any system, information or data.
(z) Website means our published Website located at URL: www.styletheplayground.com
(aa) Website Payment Provider means any third party that we use to collect payments (including a bank, credit or debit card scheme or other payment processing service such as PayPal).
10.2 The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of these General Terms and Conditions.
10.3 Words expressed in the singular shall include the plural and vice versa. Words referring to a particular gender include every gender.
10.4 References to a person include an individual, company, corporation, firm or partnership.
10.5 References to the words “include”, “includes”, “including”, “in particular” or any similar words do not limit the words proceeding or following.
These Purchase Terms apply between the Customer and the Seller when the Customer places an Order on this Website. Any capitalised terms used in these Purchase Terms, but not defined will have the meaning ascribed to that term in the General Terms and Conditions, unless some other meaning is plainly intended.
1.1 All prices on this Website:
(a) are stated in Australian dollars; and
(b) include GST (where applicable).
1.2 If the goods are being delivered outside of Australia, the Customer must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency. It is the Customer’s responsibility to contact the relevant taxing authorities of the recipient country if the Customer is unsure if other Taxes apply.
1.3 The Customer must pay the Purchase Price online by credit card or PayPal account. The payment will be processed when we issue the Order. The credit cards that are accepted from time to time will be described on this Website. A surcharge may apply for the use of certain credit cards. If a surcharge applies the Customer will be notified prior to making the purchase.
2.1 The Seller may postpone or cancel an Order that it has already accepted if:
(a) the Seller suspects that the Customer is engaging in misleading or deceptive conduct, acting fraudulently, or is in material breach of these Purchase Terms; or
(b) there are inadvertent errors in any pricing and/or supply problems or unexpected demand.
2.2 Where the Seller must cancel or postpone an Order, the Customer will be notified within a reasonable time by email providing written reasons and the Seller will provide a refund or Store Credit.
2.3 The Customer may cancel an Order (whether it is accepted by us or not):
(a) by contacting our customer service team prior to the dispatch of that Order.
(b) if the Seller is in breach of these Purchase Terms.
2.4 Where the Customer cancels an Order in accordance with clause 2.3, the Customer may request a refund or Store Credit.
3.1 The Seller will normally ship the product within 2 Business Days of the date on the Order, unless otherwise noted in the product description. Any delivery times displayed on this Website are estimates only, based on the information provided to the Seller by its shipping company.
3.2 The Seller will deliver the product to the place of delivery specified in the Order.
3.3 For Australian Sellers, title to and risk in the product will pass to the Customer upon delivery of the product.
3.4 For products sold by Non-Australian Sellers:
(a) title to the products will pass to the Customer on purchase of the product; and
(b) the Customer is responsible for any taxes, charges or levies associated with importing the product into the country set out in the Delivery Address.
- Warranties and liability
4.1 If the Seller delivers the product in a damaged condition, the Customer can return or exchange the product in accordance with the Returns Policy.
4.2 The Seller warrants that if any product fails to comply with the following warranties within 30 days of the Customer’s receipt of the product, the Customer may return the product to the Seller for a full refund or Store Credit in accordance with the Returns Policy:
(a) each product will comply in all material respects with any descriptions given on our Website;
(b) unless otherwise noted, where the products are items of clothing they will be new and not second-hand; and
(c) each product will be in saleable condition (subject to any defects described on our Website prior to purchase).
4.3 The Australian Consumer Law applies to the Seller’s sale of a product. The Customer is entitled to:
(a) a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; and
(b) have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
4.4 Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the Customers of goods and services in various circumstances).
4.5 Other than terms that cannot be excluded, all express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
4.6 If any guarantee term, condition or warranty is implied or imposed in relation into these Purchase Terms (a “Non-Excludable Provision”) and the Seller is able to limit the Customer’s remedy for a breach of such a Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
4.7 Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller for all claims under or relating to these Purchase Terms or a product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
(a) $500; or
(b) the amount paid by the Customer to the Seller as a result of the purchase of a product.
4.8 In calculating the Seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Seller under any Non-Excludable Provision.
4.9 Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
4.10 The Seller’s liability to the Customer is diminished to the extent that the Customer’s acts or omissions contributed to or caused the loss or liability.
Clauses 9 and 10 of the General Terms and Conditions are taken to be incorporated into these Terms and apply to the Purchase Terms as if those provisions were set out in full.