This Agreement is effective on February 1, 2016 for current members and upon acceptance by new members. Up until this date the Terms and Conditions are per the link . The Agreement is between you and Designer Wardrobe Limited. Any member found to have violated this Agreement (or any other policies that have been published to the Website) may be banned from using our website or services. Any action taken at the sole discretion of Designer Wardrobe.
Alterations to the Agreement and Additional Terms
We reserve the right to change the Agreement from time to time, with or without notice to you and at our sole discretion. Your continued use of the Website or any Services implies the acceptance of these changes or amendments. It is up to you as member to review this Agreement when using the Website or our Services.
- DW Buyer Protection
- DW Shipping Kits
- Our Authenticity Promise
- Shipping Policy
- Returns Policy Renting specific
- Late Fees
- DW Insurance
- Cancellation Policy
Designer Wardrobe is a Marketplace
Designer Wardrobe is an online marketplace that allows members (who comply with all Designer Wardrobe's policies) to buy or sell certain fashion-related goods within a fixed-price format. Sellers also have the ability to accept or decline offers from any members at their discretion. Designer Wardrobe is not in any way directly involved in the transaction between a Buyer or Seller, unless you purchase from via our DW Valet service, which is managed by Designer Wardrobe. Outside of DW Valet, Designer Wardrobe has no control over the quality, morality, legality or safety of any aspect of any item listed, as well as no control over the accuracy or truth of any listings or information provided by the Seller, or the ability of Sellers to sell items, or the ability of Buyers to pay for items. Designer Wardrobe does not pre-screen members or the content or any of the information provided by members. Designer Wardrobe cannot ensure that a Buyer or Seller will actually complete a transaction.
The legal ownership of purchased items on Designer Wardrobe is transferred by the Seller to the Buyer upon completion of a sale. Designer Wardrobe does not transfer legal ownership of items from the Seller to the Buyer, except when items are being sold from DW Valet. Designer Wardrobe does not guarantee the true identity, age, nationality, or other features shown in a member's profile. Designer Wardrobe recommends you to communicate directly with any member you are potentially creating a transaction with through the messaging feature on the Website or mobile application. As a member, you agree that Designer Wardrobe is a marketplace and because of this is not responsible or liable for any content, including (but not limited to) text, data, information, names of members, images, graphics, photos or photographs, profiles or profile information, video, audio, items, and links or hyperlinks posted by you, other members, or outside parties on Designer Wardrobe. You use all our Services at your own risk.
2. Membership Eligibility
At our sole discretion, Designer Wardrobe may refuse access to use of any of our Services to any person, or entity, and Designer Wardrobe reserves the right to alter its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Our Services may only be used by members who are 16 years and older, and who are able to form legally binding contracts under applicable law. If you are using our Services, registering with our Website, or creating an account in order to use the Services we provide, you represent and warrant that: (a) you are at least 16 years old, (b) you are located and reside in the New Zealand or Australia; (c) all registration information you submit is truthful and accurate; and (d) if you are a legal or business entity, you are authorized to bind that entity to the Agreement.
Individuals under the age of 16 must at all times use our Services under the supervision of a parent or legal guardian who is at least 18 years of age. In any case, the adult is the member and is responsible for any and all activities of any minors.
You agree that you will comply with all local laws regarding acceptable online coducct and content. You are solely responsible for any applicable taxes that may apply by using our services. In addition, you must abide by these policies as stated in the Agreement and any other policy documents available via hyperlink in this Agreement (as applicable to the activities you conduct by using any of our Services) as well as any and all other operating rules, policies, and procedures that may be published by us from time to time, on our Website, each of which is incorporated herein by reference. You agree that Designer Wardrobe has the right to update these policies from time to time, without notice to you.
Additionally, some Services offered by Designer Wardrobe may be subject to additional conditions and terms published by Designer Wardrobe from time to time; your use of these additional Services is subject to your agreeance of those additional terms and conditions, which are incorporated into this Agreement by this reference.
Account Information and Password
You agree and acknowledge that you are completely responsible for any and all activity, liability, and/or damage which has resulted from your failure to securely maintain your Designer Wardrobe account information and/or password. You additionally agree and acknowledge that you will securely protect your account information and password and make sure that this information is accurate. You bear full responsibility for any and all activities that are conducted via your account. You acknowledge and agree that you have the responsibility to pay and comply with all applicable taxes and laws for any transactions that have resulted from your use of our Services.
Your Designer Wardrobe membership is authenticated by your account information, particularly your email address and password. Designer Wardrobe has the right to act on any transactional instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to immediately notify Designer Wardrobe of any use of your password or access to your account, or any security breach that is unauthorized. You agree that Designer Wardrobe cannot, and will not, be responsible or liable for any damage or loss that has arisen from a failure on your part to keep your password secure from unauthorized access. As a member, you agree that you will not provide your any login and/or password information in combination to any other party or recipient other than Designer Wardrobe, without Designer Wardrobe's explicit written permission.
We communicate some vital information via email ONLY. You are responsible for keeping your account information accurate and up-to-date at all times, including a valid and active email address. It is your responsibility to routinely check your inbox for communication from us. In order to sell items on Designer Wardrobe and withdraw funds from your DW Wallet, you must provide and maintain valid bank account information.
You agree that you will not transfer, rent, sell, assign, sublicense, or any way allow another member, party or recipient access or use to your Designer Wardrobe account. You are solely responsible for any and all activity of the member account. You personally guarantee that if you are registering a business, you have authority to bind the entity to this Agreeme
Right to Refuse Service
Our Services are not available to either temporarily or indefinitely suspended Designer Wardrobe members. Designer Wardrobe reserves the right, at its sole discretion, to cancel unconfirmed or inactive memberships. Designer Wardrobe also reserves the right to refuse service to anyone, for any reason, at any time.
To view information about our current fees, please click here.
4. Listing and Selling
You may list and sell new and gently used (“pre-loved”) women's designer fashion and accessories (such as clothing,handbags, shoes and jewellery) on the Website or on our mobile applications. Any listings that are created must be of a brand that we accept. To view our accepted brands, please use this link: https://designerwardrobe.co.nz/brands/designer
You are not entitled to list or sell designer replicas or derivatives - including (but not limited to) items that are in any way counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, trademark, logo or design is represented in or on the item.
By listing an item for sale on Designer Wardrobe, you warrant and represent that (a) you and all aspects of the item being listed complies with the Agreement; (b) you have the full legal right to sell the item; (c) the depiction and description of the item, including any damage, is truthful, complete and accurate; and (d) the item is listed in the appropriate applicable category. Your listings may only include text descriptions, photos, images, graphics and other content relevant to the sale of that item only. All items must be listed in an appropriate category with relevant tags. Every individual item must have its unique listing. You agree that any listing you create can be subject to review by Designer Wardrobe at any time, and that Designer Wardrobe reserves the right to remove any listings that we do not believe fits within our criteria, at our sole discretion.
All sales on Designer Wardrobe are binding. Sellers are responsible for listing their items accurately, and the Buyer is responsible for reading the item description in its entirety before making a purchase. Sellers are obligated to ship orders to complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance that prevents this. The Buyer is obligated to pay for the purchases in full, unless there is an exceptional circumstance that prevents this. Our Cancellation Policy is available via the following link: https://designerwardrobe.co.nz/articles/privacy-policy
If a sale or purchase is not completed, your account and any of your live listings may be suspended or removed from Designer Wardrobe at our sole discretion. You may request that your account and listings be re-activated, which Designer Wardrobe may also do at its sole discretion.
The price that you state in each item listing description must be an accurate representation of the sale. As a Seller, you may not change the item's price after a sale has been completed for the purpose of avoiding Designer Wardrobe success fees. You must also not misrepresent the item's location, or use another member's account without expressly written permission.
Any offer to buy or sell outside of the Website or mobile App carries the potential risk of fraud for both the Buyer and Seller, and as such are strictly not protected by DW Purchase Protection, the Agreement, or any other Buyer/Seller protection programmes. Additionally, these offers may be an attempt at avoiding Designer Wardrobe success fees. This is unfair to other members on Designer Wardrobe that are selling and violates the Agreement and will result in account cancellation/termination. You must not exchange personal information or engage in transactional activity with another member in any manner to avoid the success fee or the Designer Wardrobe Checkout process. You may not alter the price of any item or fees owed to Designer Wardrobe when Website or Services we offer.
When you sell an item on Designer Wardrobe, the Seller has the option to receive a DW Shipping Kit with prepaid postage and pre-addressed to the Buyer in order to courier the item sold to the Buyer. Sellers also have the option to handle shipping on their own by adding reasonable shipping and handling fees to the sale price to cover the costs for packaging and mailing the item sold to the Buyer. Designer Wardrobe requires “Tracked” shipping for any items sent. Any items sent “Untracked” run the risk of being misplaced, which Designer Wardrobe is unable to offer support for. As part of our DW Purchase Protection programme, Buyers may be entitled to a refund in this instance.
Upon completion of a sale, Sellers will have access to the Buyer's full physical address. As a Seller, you are strictly prohibited from using this personally identifiable information for any purpose other than completing the sale.
Safe Seller Programme
In order to get paid for completed sales, Sellers may be required at Designer Wardrobe's discretion to complete our Safe Seller Programme, in order to verify your identity and for Designer Wardrobe to maintain a safe place to buy and sell. At any time, Designer Wardrobe reserves the right to require a Seller to re-verify their identify.
Designer Wardrobe, at its sole discretion, may place a hold on any or all earnings based on certain factors. This may include, but is not limited to, the sale of an expensive item (e.g. more than $300 in value), designer brand item, for up to four days after the delivery date to ensure the Buyer's satisfaction and to protect the Buyer from sales of replica items or any other misrepresentations by the Seller (including, but not limited to condition/size/color, and style as communicated in the item description and photos on the listing on our Website). The Seller's earnings will be released after the holding period if Designer Wardrobe is not alerted of any issues with the purchased item.
You agree that if you are selling your item via different venues or websites, in the event of a successful sale of your item on both Designer Wardrobe and another venue simultaneously shall result in priority given to the Buyer who purchased the item via Designer Wardrobe.
Linking to competitors
You agree to not refer members to any competitors (e.g. other marketplaces) of Designer Wardrobe in any way - including, but not limited to publishing hyperlinks via a listed item/direct messaging or through any other channel on Designer Wardrobe.
When purchasing an item, you agree that you are responsible for reading the item listing description in entirety before committing to purchase, You also agree that you are entering into a legally binding contract with the Seller to purchase their items when you commit to purchase the item. Furthermore, you agree that Designer Wardrobe is not a party to the contract, and does not transfer legal ownership of the item from Seller to you (unless you have purchased an item from DW Valet).
5-A. Buying - Using DW Cash
Buying via DW Cash carries the same responsibilities as mentioned in the above 5. You agree that we may allow your DW Cash account to to go into credit solely at our discretion, and that any owed amount (whether caused by your purchasing or by technical error on the part of Designer Wardrobe) enables Designer Wardrobe the right to "make good" on any funds owing, including but not limited to, charging any Credit Card on file or enlisting a Debt Collection agency.
6. Member Submitted Conten
You may submit items (including artwork, images, text, graphics, logos, and similar items) in connection with the Website, mobile App or Services.
You warrant and represent that the member Submission (a) is your own original work and you own all rights in the member Submission, or that you have all rights in the member Submission needed to grant the license to the member Submission contained in this Agreement; (b) will not violate any third party rights, including any third party privacy rights, intellectual property rights, moral rights, or other proprietary rights; (c) does not violate any regulation or law; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or collect member data from other members of Designer Wardrobe.
Re-Posting member Submissions
By posting member Submissions on Designer Wardrobe, it is possible that another outside website or a third party to re-post your member Submissions. You agree that you hold Designer Wardrobe harmless for any dispute that concerns this use. If you choose to display your own Designer Wardrobe-hosted image on another website, the image must provide a link back to the active listing on Designer Wardrobe.
Ideas & Feedback
Designer Wardrobe considers any unsolicited ideas, proposals, suggestions, feedback, or any other materials submitted to the Company via the Website or Mobile App or Services to be both non-confidential and non-proprietary. You acknowledge and agree that any comments, questions, suggestions, ideas, feedback, business models or plans, or other information about the Website or Services provided by you to Designer Wardrobe are non-confidential. Any communication by you to Designer Wardrobe is subject to this Agreement, and Designer Wardrobe is entitled to the unrestricted use and dissemination of the Ideas & Feedback for any purpose without acknowledgment or compensation to you. You agree that Designer Wardrobe is not liable for the disclosure or use of any Ideas & Feedback. You hereby acknowledge and grant Designer Wardrobe, under all of your rights in the Ideas & Feedback, a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to publish, incorporate, use and exploit such Ideas & Feedback for any purpose Designer Wardrobe chooses, commercial or otherwise, including (but not limited to) incorporating it in new services or future products, documentation, or any other method, without any notice or compensation to you and without further recourse by you.
7. Prohibited and Restricted Items and Activities
You are solely responsible for your conduct and any activities on the Website, including any interactions with Designer Wardrobe or its Services, and all member Submissions that you submit, post, and display on the Webs
Without notice, Designer Wardrobe reserves the right to block access to, remove, or otherwise make unavailable any member Submission or other content that is (a) in violation of any part of this Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the Designer Wardrobe community, as determined by Designer Wardrobe in its sole discretion. Further, we may block members that violated the Agreement repeatedly, or have engaged in other behavior which Designer Wardrobe deems necessary for removal of the member Submission.
Member Submissions and your use of Designer Wardrobe shall not:
be in any way false, inaccurate, or misleading; misrepresent your identity or an affiliation you have with any other person or entity; be fraudulent or involve the sale of replica, illegal, or stolen items; infringe upon any third-party's rights, including any third party copyright, trademark, patent, trade secret or other proprietary or intellectual property rights, privacy rights, moral rights or any other proprietary rights; sell or list any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including but not limited to replica, counterfeit, or stolen items; child pornography; obscene materials; drugs; trade secrets; or items that have been identified by any New Zealand authority as hazardous to consumers and therefore subject to recall; arrange the swap or trade of items with other members on Designer Wardrobe promote or otherwise advertise any other goods, services or hyperlinks to any other businesses, other than the member Submission that is for rent or for sale via the Website or Services; violate this Agreement or any site policy, community guidelines, or any applicable law, ordinance, statute, or regulation (including, but not limited to, those governing consumer protection, anti-discrimination, unfair competition or false advertising); harass, stalk, annoy, harm, threaten, or otherwise engage in any sort of abusive behavior towards other members, including contacting, advertising or soliciting to any other member without prior explicit written consent from Designer Wardrobe, or using an automated system to send messages or comments or to other members; intimidate or impersonate any person (including any Designer Wardrobe team members or other members), or falsely misrepresent or state your affiliation with any person through the use of a similar email address, nickname, or creation of false account(s) or any other methods of deceit; send mass unsolicited messages, “flood” servers with requests, or perform similar actions; Interfere with a Seller's profile; Engage in any action that may undermine online reviews or feedback; access, or attempt to access, any part of the Website or other personal information through any automated means (including via the use of scripts, scraping, or web crawlers) or violate any instructions set out in any robots.txt files present on the Website; disrupt or interfere with the Services or Website or servers or networks connected to the same; obtain, or attempt to obtain, unauthorized access to materials, computer systems, or information, including attempting to obtain, use, or access any information or materials that is not intentionally made publicly available via the Website; display, manipulate, or access the Website or any materials or information found thereon using "framing," "deep linking." or any similar technique that bypasses or circumnavigates the intended architecture and layout of the Website; transmit or contain any code or malicious software of a destructive or malicious nature, including any software that may collect any member data or personal information from members of the Website or Services; store, upload, distribute, or disseminate electronic files that are corrupted or contain viruses, "trojans," "spyware," "adware," "malware," or any other malicious components, or take any measures, such as implementing or co-ordinating DDoS "denial of service" attacks, "email bombs," or other techniques that impose an unreasonable or disproportionately large burden on the Website or any other Designer Wardrobe system or network, or that are otherwise designed to interfere with such systems or networks; appear to create a liability for Designer Wardrobe or cause Designer Wardrobe to lose (in whole or in part) the services of Designer Wardrobe's internet service provider or other vendors; Link directly or indirectly, or reference or contain descriptions of goods or services that are prohibited under this Agreement and any other policy documents posted on Designer Wardrobe; or copy, modify, create a derivative work of, reverse assemble, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service. In the event of a replica or misrepresented listing, Designer Wardrobe will pull funds from the Seller even if the Seller has already cashed out the Designer Wardrobe credit from their DW Wallet. Furthermore, you may not list any item on Designer Wardrobe (or consummate any transaction that was initiated using our Services) that by paying to Designer Wardrobe could cause Designer Wardrobe to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.
8. Information Control
Designer Wardrobe has no control over member Submissions provided by members that are made available on the Website and Services. There is the possibility you may find some member Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretenses.
By using the Website and Services, you agree to accept these risks and that Designer Wardrobe (and Designer Wardrobe's officers, directors, agents, joint ventures, subsidiaries, and employees) are not responsible for any and all acts or omissions of members on Designer Wardrobe. Please use caution, common sense, and practice safe selling and buying when using Designer Wardrobe.
Designer Wardrobe is in no way responsible for the availability of outside websites or resources references or linked to on the Website or Services. Designer Wardrobe does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Designer Wardrobe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Designer Wardrobe may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if Designer Wardrobe suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any Designer Wardrobe policy; (c) your activities on or in relation to the Website may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or member Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to Designer Wardrobe's members or to Designer Wardrobe; or (g) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning Designer Wardrobe's community of a member's actions, temporarily or indefinitely suspending a member's account privileges, terminating a member's account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a member off the Website and refusing to provide Services to a member. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional Designer Wardrobe policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.
Designer Wardrobe reserves the right to suspend and/or terminate a member's account or any accounts held by that member by virtue of association, including all usernames under which that member operates on the Website or Services.
If your membership is banned or removed - Designer Wardrobe will refund the balance of your DW Cash account, minus a $5 manual processing fee payable to Designer Wardrobe. No refund will be made if the DW Cash account balance is below $5.
If your membership is removed due to a breach of our terms and conditions it is at our discretion whether you are eligible for any refund.
If you have not logged on to the Website for a period of 18 months, any unused balance on your DW Cash account is forfeited to Designer Wardrobe and your membership will be suspended.
10. Personal Information and Privacy
11. Intellectual Property
All content on the Website is owned by or licensed to Designer Wardrobe. Subject to the Agreement, Designer Wardrobe grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and to make a reasonable number of copies of the content on the Website solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to Designer Wardrobe and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website, and all such content is provided on an AS IS basis.
The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by Designer Wardrobe and/or its affiliates or their third party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Designer Wardrobe's Trademarks displayed on the Service, without our prior written permission in each instance. Designer Wardrobe's intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of Designer Wardrobe intellectual property will inure to our exclusive benefit.
12. Complaint Procedures & Takedown Requests
Designer Wardrobe respects the legal rights of others and expects you to do the same. If you believe another member has violated the Agreement or your intellectual property rights, please complete the following procedure.
To enforce the intellectual property rights of owners, Designer Wardrobe engages in a Verified Rights Owners program that allows owners to request Designer Wardrobe to remove certain listings that offer items or contain images or other materials that infringe on their intellectual property rights. These rights can include trademark, copyright, and/or other legal rights. For example, a Verified Rights Owner may ask Designer Wardrobe to remove an item being sold that uses the rights owner's registered trademark (such as a logo on a designer handbag) if the item is not an authentic product of the rights owner. This VRO program helps protect Designer Wardrobe members from buying or selling items that may be replica or otherwise unauthorized under state and/or federal laws. Before a listing is removed, a Verified Rights Owner must provide to Designer Wardrobe information that ensures that the person or company reporting the item is authorized to do so. If a Verified Rights Owner believes a listing violates their intellectual property rights, please provide Designer Wardrobe with a written notice containing (where applicable) the following information:
a notarized request letter certifying that you are the owner of the intellectual property; a description of the intellectual property that you claim has been infringed, including details on any registration that protects the same; a description of the material that you claim is infringing and where it is located on the Website; hyperlinks to the listings with the suspected item; your name, address, telephone number, and email address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on their behalf; and an electronic or physical signature of the person authorized to act on behalf of the intellectual property owner.
The notice should be delivered to Designer Wardrobe's Copyright Agent for infringement claims:
Designer Wardrobe Ltd 31A Boston Road Grafton Auckland 0123 New Zealand (09) 801-8030 email@example.com
If a copyright notice is received by Designer Wardrobe's Copyright Agent, Designer Wardrobe may send a copy of the notice to the member who posted the material at issue.
If your item is reported, you may receive an email notifying you that a Verified Rights Owner participant requested your listing to be removed from the Website or Services. We require the rights owner to provide us with an email address so you can contact them directly for more information about why your listing infringes their intellectual property rights. You can find the Verified Rights Owner's email address in the email you received when your listing was removed.
At Designer Wardrobe's sole discretion, members who infringe on intellectual property rights of Verified Rights Owners will have their member accounts and/or access to the Services removed or disabled. If Designer Wardrobe disables or removes your member account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to the agent referenced above.
If you have concerns or questions about why your listing was reported or removed, please contact the VRO participant directly using the email address we provided.
You can also contact our support team at firstname.lastname@example.org if the Verified Rights Owner has not replied after 10 days or if you have any other questions.
Designer Wardrobe is not involved in the actual transaction between Buyers and Sellers. While Designer Wardrobe may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by our policies (e.g. DW Buyer Protection), we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised; (b) the truth or accuracy of members' content or listings; (c) the ability of Sellers to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the Buyer; or (g) that a Buyer or Seller will actually complete a transaction.
Rather, our goal at Designer Wardrobe is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESIGNER WARDROBE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DESIGNER WARDROBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE SERVICES OR WEBSITE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF DESIGNER WARDROBE IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE “DW PURCHASE PROTECTION” TO THE PRICE THE ITEM SOLD FOR ON THE WEBSITE (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO DESIGNER WARDROBE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless Designer Wardrobe and its affiliates, and their directors, officers, employees, parents, subsidiaries, shareholders, and agents, from and against all claims, demands, liabilities, costs, losses, and expenses, including reasonable attorneys' fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another member or claim from a third party. Designer Wardrobe may elect to assume the defense and control of such claim and, in such case, you agree to cooperate with Designer Wardrobe in the defense of such claim and to reimburse Designer Wardrobe for all reasonable expenses and fees incurred in the course of defending such claim.
17. No Guarantee
Designer Wardrobe does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside Designer Wardrobe's control.
18. Disputes with Other members or Third Parties
In the event a dispute arises between you and another member or a third party, Designer Wardrobe encourages you to contact the member or third party to resolve the dispute amicably.
Designer Wardrobe reserves the right, but has no obligation, to monitor and/or manage disputes between you and other members of the Website or Services. If you have a dispute with one or more members, you release Designer Wardrobe, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more members, or an outside party. Designer Wardrobe will only become involved in conflicts between members if we are requested to do so and the matter arising meets the requirements stated in our policies.
You may also report member-to-member disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
20. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
22. No Agency
You and Designer Wardrobe are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
23. Designer Wardrobe Services
Designer Wardrobe reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. Designer Wardrobe reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If Designer Wardrobe makes a material change, then Designer Wardrobe will notify you here by posting updates to this Agreement or by means Designer Wardrobe deems appropriate. What constitutes a "material change" will be determined at Designer Wardrobe's sole discretion, in good faith, and using common sense and reasonable judgment.
Sections 3 (Fees), 4 (Listing and Selling), 6 (member Submitted Content, License). 8 (Information Control), 9 (Termination), 10 (Personal Information and Privacy), 11 (Designer Wardrobe's Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (No Guarantee), 18 (Disputes with Other members), 19 (Disputes with Designer Wardrobe), 21 (Severability), 22 (No Agency) 26 (Change of Ownership) and 27 (General Terms) shall survive any termination or expiration of this Agreement.
Unless expressly provided elsewhere in the Agreement, any notice, demand, claim, or communication related to the Agreement may be provided by: (a) electronic mail transmission; (b) postage prepaid; or (c) tracked courier, cost prepaid; and sent to the following:
email@example.com Designer Wardrobe Ltd, 31A Boston Road, Grafton, Auckland 0123, New Zealand (09) 801-8030
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or 72 hours after delivery by mail or courier. The parties agree that service of process and service of a summons related to any disputes arising under this Agreement between the parties can be served via this notice provision.
26. Change of Ownership
27. General Terms
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Designer Wardrobe's express written consent. On the other hand, Designer Wardrobe may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.
Following termination of this Agreement and/or your commercial relationship with Designer Wardrobe, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and Designer Wardrobe to enforce any rights obtained or obligations incurred hereunde
No term or provision of this Agreement is meant or intended to benefit any third party.
You agree to submit to the applicable laws of New Zealand/Australia without regard to conflicts of law principles.
This Agreement represents the entire agreement and understanding between you and Designer Wardrobe and it supersedes any other agreement or understanding (written, oral or implied) between you and Designer Wardrobe. No other agreements, promises, representations, or understandings shall be binding upon Designer Wardrobe with respect to the Website or Designer Wardrobe's Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of Designer Wardrobe.
Neither you nor Designer Wardrobe will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfill the original intent of the parties.