USER TERMS

Niche Denim ABN 30 932 753 101

www.nichedenim.com

Niche Denim is an online marketplace for buying and selling of new and used denim products. These terms (“Terms”) outlined below apply to all users of this Website, whether Buyers or Sellers of denim products, or casual Website visitors.

We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. By using our Website and Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time. If you do not accept these Terms, you are not permitted to use our Website or our services.

DEFINITIONS

“Buyer” means anyone purchasing goods through our Website.

“Commission” means the commission fees that we charge to the Seller for any goods which are sold through our Website.

“Content” means any and all material, links, words, images and information that a User provides to the Website, including but not limited to any goods and services that a User submits, advertises or links to on the Website.

“Seller” means anyone offering, advertising or selling goods through our Website.

“Services” means a classified service whereby Sellers can advertise their goods and Buyers can purchase goods from time to time through our Website.

“Website” means www.nichedenim.com.

“We”, “our”, “us” and “Niche Denim” means Stojan Stojanovic trading as Niche Denim ABN 30 932 753 101 and includes directors, employees, contractors and affiliates from time to time.

“You” and “User” means the individual or business that is using the Website and our Services, whether as a Buyer, Seller, or otherwise.

OUR ROLE

Niche Denim provides an interactive platform where Buyers and Sellers can list a wide variety of denim goods for sale. Using our platform, Users can advertise their goods, browse goods that are available, communicate with each other, and purchase goods.

Buyers and Sellers must register, login and set up an account in order to use our Website and access any associated Services. We take a Commission on the final sale of any goods.

We are acting as a neutral facilitator only by providing an information and classified service that brings together Buyers and Sellers. We are not a party to any transaction between any Buyers and Sellers that may originate on or through this Website.

From time to time, you may be both a Buyer and a Seller, for example, if you are selling goods through our Website while also buying some other goods and services through our Website.

The price and all other terms of any sale remain subject to direct negotiations between the Buyer and Seller.

We do not and cannot verify the information that Sellers supply nor can we guarantee the goods they offer.

We urge all Buyers to make their own enquiries about any goods including the condition, sizing, quality, specifications and other details of the goods before purchase. We urge you to ensure that you do your own due diligence to independently verify all Users, as well as any information, goods that they provide.

UNSOLD GOODS

Advertisements will remain active on our Website for 4 months.

If you are a Seller and a good you have advertised does not sell within 4 months then it will be converted to a draft advertisement in your dashboard. You will be able to reactivate the advertisement for another 4 months via your dashboard.

In the event that a draft advertisement remains in your dashboard for 2 months without being activated, it may be deleted.

CONTENT AND USE OF WEBSITE

You agree that you are responsible for any Content which you submit or post to the Website.

You may not submit any Content that:

  • You do not have the right to submit;
  • Is defamatory or in contempt of any legal or other proceedings;
  • Is misleading or deceptive;
  • Incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
  • Denounces religious or political beliefs;
  • Includes religious or political material which is or is likely to be offensive;
  • Is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
  • Infringes any copyright, trade mark, patent or other intellectual property right of another person;
  • Contains any unsolicited or unauthorised advertising or promotional material;
  • Contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  • Impersonates any person or misrepresents your relationship with any person; or
  • In our opinion, disparages, embarrasses or reflects adversely on us or on any other person, business, service or profession.

We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any Content from the Website for breaching the Terms or for any other reason.

You agree that by submitting information, data, identification documents, password and other log-in information, materials and other Content to us, you are licensing that Content to us under the limited scope of these Terms. We may use and store the Content, but only in accordance with these Terms and for the purpose of giving you access to the Website and the Services. By submitting this content, you represent that you are the rightful owner of it, without any obligation to pay any fees and without any other limitations.

YOUR WARRANTIES AND ACKNOWLEDGEMENTS

You warrant:

  • That you have the ownership right and title to all Content that you submit to the Website, and have the right to present and publish it;
  • That you are the lawful owner of any goods that you advertise on the Website, or have the permission of the lawful owner to advertise the goods on their behalf;
  • That you are the lawful owner of any relevant intellectual property rights in any Content that you submit to the Website;
  • That you are not breaching any regulations, restrictions or third party rights by advertising and selling the goods;
  • That you are truthfully representing and not misleading as to the specifications of the goods, including but not limited to in relation to their condition, sizing, quality, specifications, origin, logo, branding or the fact that they are a genuine article;
  • That the information you post or advertise on and through the Website is genuine, true and accurate;
  • That you are 18 years of age or older and able to form a legal binding contract;
  • Any goods you provide as a Seller comply with any applicable laws, codes and regulations;
  • You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;
  • You will at all times abide by the Australian Consumer Law (‘ACL’) requirements and guarantees including but not limited to the re-supply or refund of any goods you supply or provide which do not meet ACL requirements;
  • You agree to abide by our refund rules that may be posted from time to time;
  • You will ensure that any Content you include on your advertisement, links or Website complies with all applicable laws, codes and regulations and all material and Content is accurate, reliable, up-to-date, lawful, and not misleading;
  • You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website;
  • If you are a Seller then you will adhere to good practice service standards for the supply of goods to customers in a timely and responsive manner; and
  • By using our Services and contacting any other Users through our Website, you represent that you are doing so in good faith, and will present all information in a true and correct manner to any other Users.

You acknowledge and agree:

  • We are a facilitator only for the purposes of permitting Buyers and Sellers to connect on our Website but we do not guarantee any bookings, business, increase in traffic or otherwise;
  • Any transactions that you enter with any other Users via the Website constitute a direct contractual relationship between you and the other User. We are not a party to such contractual relationship. Any disputes, issues, dealings, or complaints are to be dealt with directly between you and the other User and we are not to be involved;
  • If you are a Seller, you agree to abide by Australian Consumer Law refund, warranty and guarantee requirements with respect to the provision of your goods and services that may be posted, sold or otherwise accessed through our Website;
  • We are not responsible for, nor affiliated with any particular Buyer or Seller beyond providing the Services;
  • Any disputes, issues, dealings and complaints that you have in relation to another User are to be dealt with between you and that other User directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction in any advertisement, sale, contract or as a result of your activities using our Website or our Services;
  • By using this Website, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the Website;
  • The Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and
  • We make no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will make our best endeavors to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.

REGISTERING FOR OUR SERVICES

In order to use our Services, you need to register and set up an account. You will need to provide some personal information including first name, last name, phone number, email and PayPal account details. You will also have the option to include a profile picture.

You must at all times, keep your registration details accurate and up-to-date. You must not share your password or login details with any other person. Any breach of these terms will result in termination in accordance with our below Cancellation and Termination clause.

You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide. You agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our Website or for any action or inaction by you using our Services.

In addition, you agree to fully indemnify us for any and all claims as a result of you using our Website or our Services or for any third party claims which may result from your Content, or any business you conduct with any other User. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your Website, business or otherwise.

SALE PRICE OF GOODS

Our Website allows Sellers to advertise their goods for sale.

It is up to the Buyer to do their own investigations and due diligence on the goods they wish to purchase and to understand the quality, condition, any damage and other issues that may arise with second hand goods, prior to their purchase.

The Seller’s advertisement on the Website must clearly account for any relevant taxes and fees, transaction fees and delivery costs.

Before any funds are transferred to the Seller, our Commission will be deducted, as well as any payment processing fees (such as PayPal fees).

PAYMENT TERMS

Payments are handled by PayPal, or such other payment methods as we may choose from time to time.

In order to use our Website and our Services, you must have a PayPal account or must have the capacity to use such other payment methods as directed by us.

Commission:

Sellers agree to pay Commission as agreed for any successful sale of their goods. Buyers will be required to make full payment for the goods and we will deduct our agreed Commission from this payment.

In the event of any refunds provided by any Seller to any Buyer, we will refund our Commission with the relevant receipts as evidence provided by the Seller.

Unless otherwise required by law, there will be no refunds or credits for change of mind.

Our rate of Commission may vary from time to time. Up-to-date Commission rates are published on our Website or communicated to you at the time that you register your account or prior to the implementation of any changes. By continuing to use our Website and our Services after the implementation of any changes, you agree to our new rates of Commission.

DELIVERY

Unless otherwise agreed in writing between the Seller and the Buyer, the Seller is responsible for organising delivery of any goods to the Buyer.

The Seller must take all reasonable steps to have the goods delivered to the Buyer in a reasonable time frame.

The Seller’s advertisement on the Website must clearly disclose all relevant costs for the goods including delivery costs. The Seller is not entitled to charge any additional costs except what is listed on their advertisement.

In the event that the Seller and the Buyer are located in close proximity to each other, they may agree to meet in person to deliver the goods.

Title and risk in any goods sold via the Website remain with the Seller until such time that the Buyer receives the goods at their nominated delivery address.

PERSONAL SAFETY

We do not undertake background checks on Users, and we cannot guarantee your safety if you are engaging with other Users.

You must take full responsibility for your personal safety, especially if providing contact details or your residential address to another User, or if meeting another User in person (for example, to deliver goods or services).

Whenever possible, you should avoid giving out your residential address, and should meet in public locations where there are likely to be other people.

If you have concerns about your personal safety you should call the police on 000.

STOLEN GOODS

The sale of stolen goods is strictly prohibited on our Website.

In the event that we discover that you are advertising stolen goods on our Website, your account will be immediately terminated and we may report the matter to the relevant authorities.

In the event that you suspect that another User is advertising stolen goods on our Website, you should report the goods and/or the User to us, using the contact details at the end of these Terms, so that we can investigate the matter. You may remain anonymous if you choose.

CANCELLATION AND TERMINATION

To cancel your account:

You are solely responsible for cancelling your account. You must cancel in writing by notifying us using the contact details at the end of these Terms.

On cancellation of your account, all of your Content, material and links will be deleted.

We are, however, at no time responsible to you or any third party for any deleted files, advertisements, data or other information that may have been deleted, lost, corrupted by you or us accidentally or intentionally or have otherwise become unavailable prior to or after your cancellation.

We may terminate your account and your access to our Website and our Services at any time:

We have the right to terminate your use of our Website or Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Website or Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.

We reserve the right to suspend any advertisement and account in the event that we receive complaints.

If you are a Seller, then we may suspend or terminate your account or any of your advertisements if you do not abide by Australian Consumer Law (ACL) requirements or for any other reason in our sole discretion.

If we have reasonable grounds to suspect the information you provide in any of your Content is untrue, inaccurate, incomplete or misleading or that you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our Website, at our sole discretion we have the right to immediately remove your Content and terminate your account. We may also deny the use of our Website to you in the future in the event of any breach.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or which violates a third party’s intellectual property or these Terms.

In the event of any breach of our Terms or termination of your subscription, we are not required to provide any refund or part thereof.

GOODS SOLD ‘AS IS’

Any goods that are listed on our Website are sold ‘as is’ and without warranty of any kind.

Sellers must ensure that any descriptions or photographs of goods are genuine, accurate and are not misleading.

Sellers must ensure that any advertisements clearly describe the state of the goods, their size, any wear and tear, damage or flaws, and any other relevant issues in relation to the goods.

Buyers must ensure that they make their own enquiries about any goods including the condition, sizing, quality, specifications and other details of the goods before purchasing. Buyers must carefully review all relevant information about the goods to ensure that they are appropriate for the Buyer’s purposes. If in doubt then they should contact the Seller to ask further questions or to ask for additional photographs before purchasing.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, injury or damage which may result from your use of our Website or the Services. You acknowledge, agree and undertake that you will be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and our directors, officers, employees, independent contractors, agents, consultants, advisors, and other representatives (the “Indemnified Parties”) and keep all the Indemnified Parties at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our Website.

In addition, you agree to fully indemnify all of the Indemnified Parties for any and all claims by any third party which may result from any act or omission by you, or from your Content or your use of the Website or the Services, including but not limited to any advertisements, information or links that you provide to our Website or that appears on your own website, or any business you conduct with any other User (“Your Claims”). You agree that we are not responsible for any of Your Claims. You will fully indemnify all of the Indemnified Parties and, wherever possible, take over and manage any of Your Claims.

Certain legislation including the Australian Consumer Law (“ACL”), the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of products and services by us to you which cannot be excluded, restricted or modified (your “Statutory Rights”).

Our liability to you is limited to your Statutory Rights and all other conditions and warranties implied by custom, law or statute are expressly excluded by these Terms.

To the extent our liability for breach of your Statutory Rights cannot be excluded by law, our liability will be limited, at our option, to the re-supply of the Services; or payment of the cost of having those Services re-supplied to you; or a refund of the fees paid by you for the Services. In any case, our liability to you will not exceed $100AUD.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

DISPUTES

By using this Website and the Services offered through this Website, you agree and acknowledge that you do so at your own risk. You agree to address any and all problems, concerns and issues with any goods directly with the relevant User and that we are not liable for any action or inaction of the individual Users.

In the event of any claim by any User or third party against us resulting either directly or indirectly from any act or omission by you, you agree to indemnify us and take over any such claim.

In the event of a delay in delivery, or in the event that the Buyer does not receive the goods that they have purchased, the Buyer should raise this directly with the Seller. If the matter cannot be resolved with the Seller then the Buyer may contact us.


RELATIONSHIP

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names on the Website or connected with our Services are our registered trademarks, copyright, trade or service marks.

All other trademarks or service marks within this Website or the Content are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, the name or business name of us or of any of our other Users.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on the Website, in the Content, or via the Services. Any unauthorised use of such materials may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

CONFIDENTIALITY

Through your use of the Website or our Services, you may receive personal information from other Users such as their name, address, or other contact details.

You agree that you will at all times keep all other Users’ information confidential and secure, will not use it directly or indirectly, and will not disclose it directly or indirectly, except:

  • For the purpose of performing your obligations under these Terms;
  • For the purpose of performing your obligations under any agreement between you and that other User;
  • As otherwise required by law;
  • As otherwise required by any regulatory authority;
  • With the express written permission of that other User.

YOUR PRIVACY

We are committed to protecting your privacy. We will at all times respect the privacy and confidentiality of any information provided by you and we will adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

Any website or information technology system involves risks related to hacking and data loss. While we take our privacy obligations very seriously, and we take all reasonable steps to comply with Australian privacy law, we cannot guarantee that your data will be free from hacking or data loss at all times. You acknowledge and agree that to the maximum extent permitted by law, you release us from any liability for any hacks or data loss in relation to your data.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time to remove, delete, alter or amend any Content or the Website. In particular, if we believe the Content to be inappropriate or to potentially breach regulations, if we receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification or any loss or damage arising from a modification.

DISCLOSURE OF YOUR INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by court order; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of any other Users or third parties.

We reserve the right to disclose the name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.

MARKETING AND ADVERTISING

We may email you from time to time to notify you about specials, updates or other relevant information about our Website and our Services. You may choose which emails you receive by changing your email settings.

Through the Website and other Services, we may engage in affiliate marketing whereby we receive a commission on or a percentage of proceeds of sales of third party goods or services that occur through our Website or other Services.

Through the Website and other Services, we may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Website or through our other Services, or we may receive other forms of advertising compensation.

THIRD PARTIES

We do not and will not sell or deal in personal or User information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify User demands and to assist it in meeting User needs generally. In addition, we may use any information that you provide to improve our Website and Services but not for any other use.

THIRD PARTY LINKS

We may from time to time provide links to other websites, advertisements and information for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites.

We take no responsibility for any of the content found on the linked websites.

Our Website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.

INDEPENDENT SALES

Sellers may sell their goods outside of our Website (for example, through their own website or business).

If Sellers wish to link to their own website or business from our Website, and to offer the same goods via their own website as they offer on our Website, then they may only do so provided that they ensure that the starting sale price which they charge through our Website is no greater than any price that they charge for the equivalent goods outside of our Website.

EXCLUSION OF COMPETITORS

If you are in the business of providing similar information, goods or services as us, whether to business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our Website or Content to download any documents or information or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website, Services or information in our sole discretion.

WHOLE AGREEMENT

These Terms represent the whole agreement between you and us concerning your use of and access to our Website, Services, Content, and any related information. No other provision is to be included in these Terms except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any provision of these Terms would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a provision shall not apply in that State or Territory and shall be deemed never to have been included in these Terms in that State or Territory. Such a provision if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of these Terms in those other States and Territories. The deemed exclusion of any provision pursuant to this clause shall not affect or modify the full enforceability and construction of the other provision of these Terms.

GOVERNING LAW

These Terms are governed by the laws of Victoria, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.

CONTACT US

You can contact us about these Terms using the following details:

Email: info@nichedenim.com

AGREEMENT

I have read and agreed to these Terms.

UPDATED: June 2022

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