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Terms of Service

TERMS OF SERVICE

 

Welcome to Reluxe. The following Terms of Service govern your use of our mobile applications, software, website(s) and other services made available by Reluxe (collectively, the “Service(s)”). Please read the Terms carefully before using our services.

 

These Terms of Service constitute a legally binding agreement between you and Reluxe Co Pty Ltd. (as applicable, “Reluxe,” “we,” “us” or ”our”). By using our Services, you are stating that you have read and understand, and agree to be bound by, these Terms of Services and Privacy Policy (described below). Reluxe reserves the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice, by posting a revised version on this website. The revised version will become effective at the time of posting. Please visit this page periodically for the current Terms. 

 

  1. SERVICE DESCRIPTION

 

The Service is a technology platform that provides an online consumer-to-consumer marketplace where consumers can list and sell their fashion-focused items, and Buyers can browse and purchase the items. Reluxe does not sell or buy any items itself, or take possession of the items, either for itself or on behalf of others. All purchases are made directly between Buyer (who purchase the items) and Seller (who list and sell the items), thus Reluxe shall not be involved in disputes between Buyer and Seller. An User may be both Seller and Buyer (Sellers and Buyers are collectively referred as “Users”). While Reluxe may help facilitate transactions, Users are entirely responsible for  the sale and purchase transactions of the items, applicable product warranties, listings and associated contents. Reluxe has no control over and does not guarantee: i/ the quality, features, legality, appearance, safety, authenticity and existence of items listed or advertised on the marketplace; ii/ Buyer’s ability to pay for the items purchased through the marketplace; iii/ the accuracy of Seller’s listings and associated content, and Seller’s ability to ship items within required shipping windows;  iv/ User’s abilities to complete a trouble-free transaction.

 

Reluxe provides payment processing services through third party providers for items listed on the Service. Users can accept or pay with their credit card or debit cards. Each user should only have one Reluxe account, and should register their payment instruments and bank account on one Reluxe account at a time. 

 

  2. YOUR RELUXE ACCOUNT

 

In order to use the Services, you’ll need to create an account with Reluxe. If we determine that your account violates any Terms of Service, we reserve the right to remove or edit content, suspend or terminate accounts, or refuse current and future use of the Services,  in our sole discretion for any reason or no reason.

 

By using the Services, you agree with and warrant the following:

 

  • You are of legal age to form a binding contract and are not barred from receiving services under applicable laws.
  • You provide true, correct, complete, and current information about yourself as required or prompted by the Services. If there’s any change in your user information, you update your account with the new information.
  • You create and use only one account for the Services.
  • You do not use your account for illegal purposes (e.g. money laundering, prohibited item sales etc.), and do not violate any Terms of Services. 
  • You’re solely responsible for your listings, messages and your other content on the Services, including the legality, appropriateness, copyright, accuracy, quality and reliability of any such content. You own the rights to sell your listed items. 
  • By creating or posting your content through the Services, you grant Reluxe a non-exclusive, worldwide, royalty-free and irrevocable license to use, modify, reproduce, distribute and display it to provide the Services or to help Reluxe grow.
  • If you make a purchase, your payment information is accurate, current, and complete. 
  • If you make a sale, you’re responsible for providing correct bank account information and having necessary account setup timely in order to receive payments from your sale. It is recommended that you have your payment account setup as soon as you start listing your first item. Failure to do so will cause Buyers to be unable to purchase from you.
  • You are responsible for all fees,  chargebacks and applicable refunds arised from your sales or purchase transactions or cancellations, even after your account is closed. Amount you owed may be removed from your account balance.
  • You’re responsible for maintaining the confidentiality of your account and password. You will notify Reluxe immediately of any unauthorised use of your account and breach of security.

 

3. LICENSE GRANT

 

Reluxe grants you a non-transferable, revocable and limited license to access our Services for personal use. This license does not include any unauthorized use such as uploading, posting or transmitting any content that you do not have a right to make available (e.g. Reluxe’s data, other user’s intellectual property etc.); uploading or distributing any material containing software viruses, programs and codes interrupting or destroying our Services, downloading or using account information for the benefit of third parties; copying, reproducing and distributing the source code of our platform and Services; circumventing or disabling any security measure designed to protect our platform and Users. Reluxe reserves the right to suspend or terminate this license granted to you for any unauthorized use or violation of our Terms of Services.

 

  4. CONDITIONS OF USE

 

You’re solely responsible for all items that you sell or purchase via the Services, and for your listings, messages and other content displayed on the Services, including the legality, appropriateness, copyright, accuracy, quality and reliability of any such content. The following are some conditions and examples of the kind of use, items and content that are illegal or prohibited by Reluxe.

 

Conditions:

 

  • You will not violate any local, state, national, international, or other applicable laws in connection with using our Services. You’re responsible for obtaining any permits or license needed for your items, listings and content displayed on the Services. You will not sell any illegal or prohibited items, and will not use the Services to commit fraud or other crimes against Reluxe, another user, or third parties. 
  • You understand that purchase and sales of items on the Services are direct transactions between  Sellers and Buyers. Reluxe does not sell or buy any items itself, or take possession of the items, either for itself or on behalf of others. Reluxe has no control over and does not guarantee the quality, legality, safety, authenticity and accuracy of items and Users’ content displayed on the Services. Therefore, any legal claim related to an item you buy or sell must be brought up directly against the Seller or Buyer of the item. You release us from all claims and liabilities related to the items listed or purchased through our Services.
  • You understand that we do not screen Users of the Services. You release Reluxe from all claims and liabilities related to your interactions with others. Please report users who commit crimes or engage in prohibited activities to us for account review.
  • You agree that Users are solely responsible for their content posted or listed on our Services. You release Reluxe from all claims and liabilities related to content displayed on our marketplace.
  • You agree to use electronic communications. We’ll communicate with you or send you information electronically and your electronic agreement has the same validity as your signature on paper.
  • You acknowledge that Reluxe is dedicated to providing the best services as we can. As there are many factors that may affect our efforts, we provide our Services as they are without any warranty (explicitly or implicitly).

 

Prohibited items, content and use:

 

  • Any illegal items and content. Anything that promotes illegal activities.
  • Any action or behavior that violates any local, state, national, international, or other applicable laws.
  • Violent, threatening, harmful, defamatory, hateful, pornographic or harassing items, content and behaviors.
  • Stolen items 
  • Drugs, alcohol and tobacco products
  • Weapons
  • Sexually explicit items (e.g. adult magazines, sex toys etc.)
  • Items and content that infringe any intellectual property rights of any party (e.g. counterfeit items, unlicensed content, unauthorised copy etc.)
  • Anything that poses or creates safety or security risks to other users, Reluxe, and third parties, or invades others’ privacy (e.g. any item containing software viruses, programs and codes interrupting or destroying our Services; solicitation of other users’ account information for the benefit of third parties etc.)
  • Falsely state or misrepresent your affiliation with an entity or a person.
  • Any attempt to access or obtain any information not intentionally made available on our Services.

 

  5. BUYING AND SELLING TRANSACTIONS

 

Fees

 

Registering for our Services is free, and there’s no fee for listing your items for sale on our marketplace. Reluxe charges certain fees for transactions through our Services as described below. All fees are quotes in local currency (e.g. Australian dollars for Australia).

 

Buyer

 

Payment for items listed on our marketplace should be made through Reluxe and our payment processing provider. When buying an item, Buyer needs to pay the total of item price and applicable shipping fee. If the item is shipped, there will be associated shipping fee. If Seller pays shipping fee, the fee is included in the item price. Otherwise, Buyer will need to pay shipping fee together with the item price before the item can be shipped.

 

Seller

 

There’s no fee for listing your items for sale on our Services. Fees are only charged when an item is sold or service is used.

Our pricing is simple. When an item is sold, we charge a fixed processing fee of $2.95 for transactions under $30. For transactions from $30 and above, we charge a flat processing fee at 10% of the transaction value.

For ACH direct deposit requests under $10 or for direct deposit transfer that is rejected by your bank, there’s a $2 processing fee per such transfer.

 

Shipping cost

 

Shipping cost will depend on size (volume and weight) of items, delivery address, and shipping methods (e.g. standard vs. expedited shipping). Seller has the options to buy pre-paid shipping labels through Reluxe or ship on your own. For pre-paid shipping label options, shipping cost will be calculated when Buyer purchases your items. Upon Buyer’s payment,  we’ll send a digital pre-paid shipping label to the Seller who can print it out and affix it on the item parcel. If Buyer pays shipping cost, Buyer will pay the total of item price and shipping fee at the time of purchase. If Seller pays shipping fee, the fee is included in the item price, and we’ll deduct this shipping fee from Seller’s sales amount or Seller’s account balance. For ship-on-your-own options, Seller will buy shipping labels on his or her own and the listed item price should have included this shipping fee. If Reluxe is charged due to use of incorrect shipping labels or volume or weight data, we may remove the amount paid to the shipping carrier(s) on your behalf from your sale amount or account balance.

By using pre-paid shipping label services, Buyer and Seller agree to the courier’s terms of service and cover policy, which can be found on the courier’s website. For example, for Australian shipments, Sendle provides free cover up to $100 for eligible parcels. Its claiming requirements can be found here.

 

Taxes

 

Items purchased on our marketplace may be subject to applicable taxes. The amount of Taxes depends on a number of factors such as type of items, location of Seller, and delivery address. Whether taxes are included in sales price or will be added on top of sales price depends on each country’s laws. 

 

In Australia, sales of items are subject to  Goods and Services Tax (GST), which forms part of an item’s sale  price. Therefore, Seller needs to make sure that the listed item price includes GST when GST is applicable. Seller is entirely responsible for paying applicable GST and other taxes to the Australian Tax Office (ATO). 

 

Buyer responsibilities

 

When Buyer makes a purchase through our Services, Buyer authorizes Seller to submit applicable charges or credits ( in case of refunds) to Buyer’s payment instruments, and Reluxe will process these transactions on behalf of the Seller. By agreeing to our Terms, Buyer authorizes Reluxe and its payment processing providers to charge or debit your payment instruments when you make transactions or incur fees for the Services. Buyer also agrees that all purchases are made directly between Buyer and Seller, and that Reluxe shall not have any liability to you for any payment made through our payment service provider. If the item purchased is delivered to Buyer in a damaged condition, is lost, wrong, or arrives later than expected, Reluxe has no obligation to you in such situations; Buyer should contact Seller directly to resolve the issue(s). Please also let us know the issue within 3 days of delivery. Reluxe reserves the right to stop providing pre-paid labels to any Users for any reason.

 

If the item purchased is delivered as expected, Buyer needs to confirm receipt of the item by clicking the “Confirm receipt” button in their respective order through our Services. Upon this confirmation, we will credit Seller’s account with an amount equal to their earning from this sale.

 

Seller responsibilities

 

Seller is responsible for paying processing fee as defined above, and for paying any applicable taxes to appropriate taxing authority in accordance with relevant laws. In Australia, Seller is responsible for paying GST and other applicable taxes to ATO.

When making a purchase, Buyer looks forward to receiving the item soon. Thus we would request Seller to ship the item within 3 days from the time of successful purchase transaction. Shipping after this timeframe may incur an order cancellation from Buyer and result in a bad purchase experience.

 

Cancellation & Refund

 

Cancellation of item listing or transaction is not permitted after the item has been purchased or ordered by Buyer. However, Reluxe may allow you to cancel the transaction in limited circumstances. 

If the item purchased hasn’t been shipped and Buyer receives Seller’s consent for the cancellation, Buyer may cancel the order but a cancellation fee will apply to cover payment processing and other services provided by our third parties, and Buyer authorizes Reluxe to deduct this cancellation fee from its refund amount. 

If Seller must cancel the item listing or transaction after the item has been ordered by Buyer (such as due to product unavailability etc.), there will be a cancellation fee to cover payment processing and other services provided by our third parties, and Seller authorizes Reluxe to deduct this cancellation fee from Seller’s account balance. 

If the item delivered to the Buyer is not as described on our Services, Buyer may request a return by contacting the Seller within 3 days after the item delivery to arrange a return and get a replacement or refund. In case of refund, Seller informs us about his/her consent and we’ll process the refund after then. A cancellation fee may apply to cover payment processing and other services provided by our third parties, and Seller authorizes Reluxe to deduct this cancellation fee from Seller’s account balance. 

The cancellation fee amount is $0.8 and 5% of the transaction value for the item priced above $30. For the item priced at $30 or below, the cancellation fee is $2.5 per item, and if the order uses a prepaid shipping label, there will be a charge of 5% of the shipping fee in addition to the above. A refund will be credited back to Buyer in the Buyer’s original form of payment.

 

Transaction records

 

Records of your payment transactions are reflected in your Reluxe account. Users are responsible for checking your transaction history for any error or unauthorized payment and alert us in such events.

 

6. INTELLECTUAL PROPERTY RIGHTS

 

You acknowledge and agree that the Services may contain images, logos, item descriptions and other content (collectively, “Service Content”) that are protected by copyright, trademark, pattern, trade secret or other proprietary rights and laws.  Except as expressly authorized by Reluxe, you are prohibited from copying, modifying, distributing, transmitting, scaping, framing, renting, leasing, selling, loaning or creating derivative works based on the Services or Service Content, in whole or in part, except that the foregoing does not apply to your own content that you legally create or upload to our Services. In connection with your use of the Services, you shall not engage in or use any data mining, scraping or similar data gathering or extraction methods. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Reluxe, our affiliates, and our partners. You agree not to copy, decompile, disassemble, modify, reverse engineer or attempt to derive any source code of our technology and Services, or transfer, sell, sublicense any right in the Services.

 

  7. THIRD PARTY SERVICES

 

Our Services may contain links to third party websites and services that enable you to export your information to these third party services (e.g. share your listing on Facebook, link your Reluxe account with your Facebook account etc.) or you may need to use a third party’s services to use some features of our Services (e.g. create a payment account to receive earnings from your item sales). Integrating these services into our Services makes your experience richer and more customised. However, please remember that how the third party services use and manage your information is entirely governed by their own policies, thus Reluxe has no control and no liability for their actions and privacy practices. By using these third party services, you agree to their own terms of service, and Reluxe is not a party to this agreement.

 

  8. USER DISPUTES

 

All purchases are made directly between Buyer and Seller, thus Reluxe shall not be involved in disputes between Buyer and Seller in connection with using the Services. While Reluxe may help facilitate transactions, Users are entirely responsible for  the sale and purchase transactions of the items, applicable product warranties, listings, associated contents, and other interactions with other Users. Reluxe may participate in disputes between Users at its own discretion.

 

  9. PRIVACY POLICY

 

Please refer to our Privacy Policy here.

 

  10. TERMINATION

 

Termination by you

 

You can terminate your account with Reluxe at any time. Terminating  your account may not affect the availability of some listing content that you created or uploaded to the Services prior to the termination. You remain liable for any applicable fees, chargebacks, and shipping responsibility associated with your transactions prior to the termination. You are responsible for resolving disputes with other Users that are the result of your transactions prior to the termination.

 

Termination by Reluxe

 

You consent that Reluxe, in its sole discretion, may suspend or terminate your account (or any part thereof), discontinue providing the Services, remove or modify your listings and other content displayed on the Services at any time with or without notice, for any reasons, including, without limitations, if Reluxe believes that you have violated the Terms of Service. Any suspected fraudulent or illegal activity that may be grounds for termination of your account or use of the Services, may be referred to appropriate law enforcement authorities. Further, you agree that Reluxe shall not be liable to you or any third party for termination of your use of the Services.

 

  11. ELECTRONIC COMMUNICATION

 

When using the Services or sending emails to Reluxe, you are communicating with Reluxe electronically. By using the Services, you agree to receive communication electronically from Reluxe and our affiliates. Reluxe will communicate with you by posting notices on the Services or email. You consent that all agreements, notices and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing, and that your electronic agreement has the same validity as your signature on paper.

 

  12. LIMITATION OF LIABILITY AND DISCLAIMER

 

THE SERVICES AND ALL CONTENT, INFORMATION, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY RELUXE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, AS TO THE OPERATIONS, QUALITY, SECURITY AND ACCURACY OF THE SERVICES, CONTENT, INFORMATION, PRODUCTS AND OTHER SERVICES. RELUXE EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, RELIABILITY, ACCURACY, AND SECURITY.

 

RELUXE IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR BUY ANY ITEMS THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ITEM LISTINGS AND OTHER USER CONTENT ARE ACCURATE, RELIABLE AND COMPLETE, (III) QUALITY OF ITEMS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, (IV) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

 

RELUXE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGE ARISING FROM THE USE OF ANY SERVICES, OR FROM CONTENT, INFORMATION, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF ANY INFORMATION AND CONTENT AVAILABLE THROUGH THE SERVICES OR A LINKED SITE. PLEASE SEEK ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING SUCH EVALUATION. YOU AGREE THAT RELUXE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT, INFORMATION OR ANY RELATED SERVICES, IS LIMITED TO THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO RELUXE IN THE LAST 6 MONTHS.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU AGREE THAT RELUXE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND SUBSIDIARIES SHALL NOT IN ANY EVENT BE LIABLE TO YOU FOR ANY  DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, CONTENT, INFORMATION OR ANY RELATED SERVICES FOR ANY REASON.