Terms of Service

Terms of Service

Please read these Terms & Conditions carefully before electing to use Your Wardrobe. By renting any garment from this site, you agree to be bound by these Terms & Conditions. If you do not agree to Your Wardrobe Terms of the agreement, then you may not use the service. This agreement sets forth the legally binding terms and conditions for your use of the website at yourwardrobe.co.nz (“website”), mobile applications, and services provided by Your Wardrobe (collectively, “services”).

Introduction

Your Wardrobe is a peer-to-peer (P2P) / multivendor marketplace that connects renters lenders, sellers and buyers who wish to rent or sell designer and high end clothing and accessories. In using our marketplace in any way (including but not limited to browsing the Website), you (the “member” or “you”) agree to these Terms of Use, including any additional policies, terms or conditions referenced herein and/or available by hyperlink. This Agreement applies to all members of the Services, including without limitation to members who are customers, merchants, vendors and/or contributors of any content/information, or other services or materials on our Website.

This Agreement is effective on 1 September 2021, 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 Your Wardrobe. 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 Your 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.

There are some particular services and portions of the Website that are subject to additional terms and conditions. These are either published there or included below via hyperlink, all of which are part of this Terms of Use Agreement. These include but are not limited to: Buyer Protection, Rental Protection, Rental Insurance, Our Authenticity Promise, Shipping Policy, Cancellation Policy, and Returns Policy. If in the case there is any conflict between the Agreement and the terms published for a specific service, feature, or transaction offered on the Website, unless it is specifically stated in the Agreement, the service’s individual terms for that specific feature, service or transaction will control.

  1. Rental period shall commence from when the User/Requestor (or a third party nominated by the User/Requestor) receives the garment to their doorstep. IE. When the postal tracking states delivered. This period continues until the Apparel is handed over for return to a Courier, or dropped back to an NZ Post Office or drop-off location.
  2. The Product is, and will, at all times remain the absolute property of Your Wardrobe or the original Poster, except in the circumstances as detailed in section 7.
  3. Your Wardrobe offers “Rip & Stain Protection” for the buyer to the value of one hundred dollars ($100) to cover minor damage or staining. This protection is available on every garment that is rented on our website. For minor damage and/or staining which is assessed (at its sole discretion by Your Wardrobe) that the cost of repair will be over $100 ($100), then the User/Requestor will be required to pay the difference (e.g. if the repair cost is two hundred dollars ($200), then Your Wardrobe will require the User/Requestor to pay the one hundred dollars ($100) in excess.
  4. “Rip & Stain Protection” is a compulsory charge of $5 to the buyer which comes directly to Your Wardrobe to protect renters up to the value of $100 for minor rips and stains, if the garment is RRP under $100 it will be a full replacement to the vendor. The damaged dress then becomes property of Your Wardrobe if the item is being paid out in full.
  5. Where Apparel has not been returned to the vendor by the Rental Return Due Date then Your Wardrobe shall be entitled to charge additional rental fees until the Apparel is returned. The User/Requestor expressly authorizes Your Wardrobe to deduct such additional rental fees from the User/Requestor’s payment method, which was provided at the time of the User/Requestor’s order. Such additional charges shall be charged at a rate of $25 for each day overdue.
  6. Where the apparel has not been returned to any Vendor on the Your Wardrobe website, Your Wardrobe will intervene and attempt to recover the dress. The only coverage to non-return of dresses is if vendor elects the no stress plan which covers buyer up to $399.
  7. When counting overdue days Your Wardrobe shall not count either weekends or Public Holidays when Post Office or Courier Drop-off locations are likely closed.
  8. If the User/Requestor has not returned the rental item(s) within 15 days after the return date, Your Wardrobe will consider the rental item(s) as a “non-return” and will charge the User/Requestor’s credit card 150% of the recommended retail value, taking into account any late fees already paid.
  9. If the User/Requester pays Your Wardrobe an amount equal to 150% of the recommended retail price in late fees and the User/Requestor still has the item(s) in their possession, the item(s) is deemed property of the User/Requestor’s.
  10. If a vendors garment gets stolen, lost, or damaged beyond repair, whether or not such theft, loss or damage is the result of negligence, failure, or omission of the User/Requestor then the User/Requestor will be liable to pay for replacement of the item. Your wardrobe may charge this amount to the credit card of the renter.
  11. Should items go missing/ deemed irrecoverable due to fault of the postal carrier NZPost the rental will be refunded to the renter. NZPost must have deemed the parcel non-recoverable. Your Wardrobe will then instruct the vendor to make a claim to NZPost to the RRP amount of the garment lost.
  12. In determining the value of replacement, Your Wardrobe will take into account the condition of the dress, the demand of that dress in the current market, the availability to purchase that dress in the market, and any rental fees or late fees that the User/Requestor has already paid. This includes Vendors dresses who are on No Stress plans.
  13. Your Wardrobe reserves the right to request proof of identity for orders it deems high value (to prevent the potential use of fraudulent credit cards or other payment types). Orders containing three or more dresses may potentially be subject to this request. If Your Wardrobe cannot confirm the authenticity of the request, the order may be cancelled at Your Wardrobe’s discretion based on internal verification methods. Your Wardrobe agrees to notify the customer via email regarding a rejected rental request.
  14. If any outstanding amounts owed to Your Wardrobe are not paid when due, then Your Wardrobe will need to initiate third party collection procedures via a collection agency as nominated at Your Wardrobe’s discretion. You agree to pay Your Wardrobe’s costs of collection (including but not limited to internal administration fees, legal costs, collection agency costs, and bank fees). This applies to all dresses rented on Your Wardrobe and items owned by Your Wardrobe.
  15. The User/Requester shall inspect the Product upon delivery and shall, within four (4) hours of receipt of the Product notify Your Wardrobe (by phone or email) of any alleged discrepancy in quantity, quality, Product style, damage or failure to provide the item as consistent with what was ordered.
  16. If the User/Requestor wishes to cancel an order, a cancellation request must be submitted as soon as possible. To view our Cancellation Policy, please head to our cancellation tab.
  17. By using the Services, you agree to indemnify, hold harmless and defend Your Wardrobe and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
  18. Vendors on the Your Wardrobe Platform are bound to ensure that items arrive to the renter on time. The date that is specified for the rental date is the date that the renter is requesting, all dresses must arrive before this time or the renter may request a full refund.
  19. Vendors on Your Wardrobe agree not to share external links or attempt to rent their dresses on our platform privately or on any other rental site. (Items are allowed to be listed in more place than one so long as the seller is not trying to facilitate sales off the site.
  20. All damage is assessed by Your Wardrobe before an insurance claim is paid out.
  21. The compulsory $5 charge with every rental covers the buyer and seller for damage of up to $100.

 Terms of Renting

On addition to the above terms, you also agree to the following notes: 

– All rentals must be returned by no later than 1pm On the next working day to a NZ post counter ONLY.

– Any late returns will incur a 1/4 of rental fee late penalty per day it is late.

– Your Wardrobe reserve the right to charge you for the next booking if you have returned this late and cause a disturbance of the next booking.

– Your Wardrobe reserves the right to waive or charge the late fee where we deem fair and reasonable.

– Your Wardrobe reserves the right to charge you for any and all damage even when the vendor is covered by their own insurance.

– You agree that you will return the dress within the correct timeframe and if not, you accept these terms and fees stated above.

– Your Wardrobe does NOT accept any other courier companies delivering garments rented through this website, all items must be posted with NZ post and on overnight tracked courier.

– If In the rare case a rental is delayed, you will be applicable for a refund as determined by us.

– If you are to damage any rental item, you will be liable for either the cost of repairs or the full RRP and any existing bookings on this garment.

-You agree that to the best of your ability you will take care of your garment. You will not act in a manner that puts the garment at risk of damage or staining. Doing so will result in compensation charges as deemed by Your Wardrobe.

– Your Wardrobe reserves the right to decline any insurance claims that we do not believe are genuine claims for accidental damage.

 

Vendor Terms

For each successful rental of your item we will cover repairable damage as described below, up to the value of $100 under the renters insurance and $250, $350 and $499 as determined by the vendors insurance subscription.

The cover of $100 paid by the renter is only valid for minor damage and repairs, theft. Missing items are not covered under this insurance. The renter cover is NOT valid for dry cleaning costs. Dry cleaning costs must be factored into the rental price.

Insurance claims, when deemed applicable by Your Wardrobe may be paid out prior to us acquiring/ charging compensation from the renter.  

No insurance is at the vendors own risk, all rentals with no insurance will only be covered up to $100 as covered by the renters cover.

All claims must be made within 7 days of the rental period end date.

The vendor agrees that the garment must be shipped on overnight tracked courier- NZPost only and that the item must be sent at least 2 days prior to the rental start date.

The vendor agrees that should the item be received in ‘bad’ condition, ‘unclean’, ‘stained’ or in any way different from the listing description that they will not receive payment for the rental.

 

Your Wardrobe is a Multivendor Platform

Your Wardrobe is an online multivendor marketplace that allows members (who comply with all Your Wardrobe’s policies) to rent or lend certain fashion-related goods within a fixed-price format. Vendors also have the ability to accept or decline offers from any members at their discretion for a negotiated price.

Your Wardrobe is not in any way directly involved in the transaction between a Buyer or Seller, unless you purchase from via our consignment service or those on the no stress plan, which is managed by Your Wardrobe.

Outside of consignment and no stress plans, Your 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. Your Wardrobe does not pre-screen members or the content or any of the information provided by members. Your Wardrobe cannot ensure that a Buyer or Seller will actually complete a transaction.

Your Wardrobe does not guarantee the true identity, age, nationality, or other features shown in a member’s profile. Your 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 Your 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 Your Wardrobe. You use all our Services at your own risk.

  1. Membership Eligibility

At our sole discretion, Your Wardrobe may refuse access to use of any of our Services to any person, or entity, and Your 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.

Your Wardrobe reserves the right to request for proof of address, age or identity from any or all users on the platform at any time of the membership. If this is not provided on request, Your Wardrobe reserves the right to cancel membership.

Age

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 New Zealand; (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.

Booking Requests

Our website has a booking request function, this function can be used for last minute bookings or if a garment is booked in the days before your requested date. A vendor or Your Wardrobe have the right to decline booking requests made and do not have to accept last minute bookings. 

With this feature our payment provider stripe will place a credit hold for the funds, if your booking is accepted this hold will become a charge. If the request is declined this stripe amount will be released from your card.

Compliance

You agree that you will comply with all local laws regarding acceptable online conduct 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 Your Wardrobe has the right to update these policies from time to time, without notice to you.

Additionally, some Services offered by Your Wardrobe may be subject to additional conditions and terms published by Your 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.

Competitions on our site, store and social accounts.

Your Wardrobe has the right to set out the terms of entry for our competitions and the right to include any terms at the time of our giveaway starting. 

All competitions are run fair and drawn at random with an online generator with information being stored by us.

Your Wardrobe has the right to save any and all entries and information provided by anyone who has entered and participated in our giveaways. 

Your Wardrobe has the right to terminate the giveaway if it has been found that the winner has not acted in good faith and has cheated or entered under false pretences. 

Your Wardrobe reserves the right to withdraw the prize if the winner has been found to act within bad faith or entered in false pretences. 

Participants entering our giveaways agree to act within good faith and enter with no malice or intent to cheat the system.

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 Your 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 Your Wardrobe membership is authenticated by your account information, particularly your email address and password. Your 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 Your Wardrobe of any use of your password or access to your account, or any security breach that is unauthorized. You agree that Your 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 Your Wardrobe, without Your Wardrobe’s explicit written permission.

We communicate some vital information via email and phone ONLY. You are responsible for keeping your account information accurate and up-to-date at all times, including a valid and active email address as well as contact number. It is your responsibility to routinely check your inbox for communication from us.

 In order to sell items on Your Wardrobe and withdraw funds from your stripe, you must provide and maintain valid bank account information. All payments are managed by “Stripe” and their terms of service also apply.

Account Transfer

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 Your 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 Agreement.

Right to Refuse Service

Our Services are not available to either temporarily or indefinitely suspended Your Wardrobe members. Your Wardrobe reserves the right, at its sole discretion, to cancel unconfirmed or inactive memberships. Your Wardrobe also reserves the right to refuse service to anyone, for any reason, at any time.

  1. Fees

Our current fee structure is as follows:

Rip and Stain Insurance: this is a compulsory payment on every single rental on the Your Wardrobe website at the cost of $5 per rental. This payment covers the renter for up to $100 worth of damage but does not cover loss. Costs that exceed the total of $100 will be up to the renter to cover if the vendor does not have the “no stress plan”.

No Stress Insurance: 

This is an elective insurance for the vendor which covers the vendor for damage up to $399 on top of the renters insurance of $100. If the dress is fully written off and the full RRP is to be paid, the dress becomes property of Your Wardrobe. In the event of the item going missing or being stolen, this insurance covers up to $399 of Loss.

Insurances are a backup in the instance the garment or fees are non-recoverable from the renter. We will first aim to charge the renter the cost if it in excess of the Rip and stain insurance.

Cancellation Policy

Vendors of YW –

Your Wardrobe Listings – If you have ordered from YW you are able to cancel your order for a refund within 1 day of the order being  placed.

If you cancel outside of this timeframe YW reserves the rights to refund your order for a store credit only. 

Rental Platform Fee (Vendor): For every successful rental the vendor is charged 10% total of the total transaction which includes the compulsory 4% stripe card fee.

Sales Platform Fee (Seller): For ever purchase the seller is charged 10.9% total of the total transaction which includes the compulsory 4% stripe card fee.

Withdraw / Transfer of Balance: Every payout given to the vendor is free of charge for those who have taken the “no stress” plan or 25 cent per transaction on the free / basic membership.

Consignment: Our rates for consignment are subject to the contract presented at the time of transaction.

 

Refunds

  • No refunds will be given for change of mind or due to sizing issues.
  • If you do have a sizing issue, at Your Wardrobes discretion we can choose to swap garments. 
  • In the event of another covid lockdown, any existing bookings will be able to be credited to a store voucher or a change of date will be made.
  • There will be no refunds made due to covid lockdowns or cancellations.
  • If the rental garment does not arrive to the renter in time for their rental start period then the lender will receive a full refund and the vendor will not be paid out.

 

  1. Listing and Renting

Listing Description

You may list and rent new and gently used (“pre-loved”) women’s designer fashion and accessories (such as clothing, handbags, shoes) on the Website.. Any listings that are created must be a designer brand or a ‘well known’ brand as determined by us.

You are not entitled to list or rent 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.

You agree you will not input link descriptions into listing descriptions and that you will not use Your Wardrobes site to promote bookings through your own website or business. 

By listing an item for rent on Your 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 rent 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 Your Wardrobe at any time, and that Your Wardrobe reserves the right to remove any listings that we do not believe fits within our criteria, at our sole discretion. 

Binding Rental Agreement

All rentals made on Your Wardrobe are binding. Vendors are responsible for listing their items accurately, and the renter is responsible for reading the item description in its entirety before making a purchase. Vendors are obligated to ship orders on Courier Post Overnight Tracked Shipping to complete the transaction with renter and ensure that the item arrives 1 – 2 days before the requested date, unless there is an exceptional circumstance that prevents this.

The renter is obligated to pay for the purchases in full, unless there is an exceptional circumstance that prevents this. Please review cancelation policy before making transaction.

If a rental transaction is not completed, your account and any of your live listings may be suspended or removed from Your Wardrobe at our sole discretion. You may request that your account and listings be re-activated, which Your Wardrobe may also do at its sole discretion.

Fee Avoidance

The price that you state in each item listing description must be an accurate representation of the sale. As a Vendor, you may not change the item’s price after a rental agreement / payment has been completed for the purpose of avoiding Your 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 rent 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 Your Wardrobe Purchase Protection, Insurance policies, the Agreement, or any other Buyer/Seller protection programmes. Additionally, these offers may be an attempt at avoiding Your Wardrobe success fees. This is unfair to other members on Your 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 Your Wardrobe Checkout process. You may not alter the price of any item or fees owed to Your Wardrobe when Website or Services we offer.

Shipping Fees

  • All Your Wardrobe rentals must be sent by vendors on Courier Post Overnight Tracked Courier service only. Failure to do so will result in not being paid for your rental if the item does not arrive in time according to the rental period start date.
  • Dresses listed by our vendors – It is to the responsibility of the person renting the dress to return the dress on an overnight courier at their cost or in the provided return bag.

Trade Information

Upon completion of or acceptance of a rental request:

Vendors will have access to the Renters full physical address. As a Vendor, you are strictly prohibited from using this personally identifiable information for any purpose other than completing the transaction.

Lenders and Borrowers will have cell phone number access for emergency contact reasons only. Lenders are strictly prohibited from using this personally identifiable information for any purpose other than completing the rental.

Inactive Accounts

This rule commences operation from 01 September 2021 and at commencement will affect those accounts that have been inactive for at least 8 months.

If you do not access Your Account for a consecutive period of 8 months months, your account will be deemed ‘Inactive’.

Once your account has been deemed Inactive, if you have a positive  balance, We will be entitled to charge You an administrative fee (the ‘Inactive Account Fee’). We may deduct up to $7.50 as an Inactive Account Fee from Your Account Balance (your ‘stripe Wallet’) on the day that your account is deemed Inactive and then every one (1) month thereafter. If Your Account Balance is zero (or becomes zero) We will not charge any further Inactive Account Fees.

Safe Renting Agreement

In order to get paid for completed sales, Sellers may be required at Your Wardrobe’s discretion to complete our Safe Seller Programme, in order to verify your identity and for Your Wardrobe to maintain a safe place to rent and lend. At any time, Your Wardrobe reserves the right to require a Seller to re-verify their identify.

Holding Period

Your 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 rental 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 Your Wardrobe is not alerted of any issues with the purchased item and that the garment arrived on time for the rental start period.

Exclusivity

You agree that if you are renting your item via different venues or websites, in the event of a successful rental of your item on both Your Wardrobe and another venue simultaneously shall result in priority given to the Buyer who purchased the item via Your Wardrobe.

Linking to competitors

You agree to not refer members to any competitors (e.g. other marketplaces) of Your Wardrobe in any way – including, but not limited to publishing hyperlinks via a listed item/direct messaging or through any other channel on Your Wardrobe.

Renting

When renting an item, you agree that you are responsible for reading the item  listing description in entirety before committing to rent, 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 Your Wardrobe is not a party to the contract, and does not transfer legal ownership of the item from Seller to you.

Chargebacks

Banks and other debit/credit card issuers (known as “Issuers”), typically offer a dispute process service for credit card or debit card payments known as a “chargeback” process. If an Issuer determines that a transaction should be refunded (a successful “Chargeback”) Your Wardrobe will usually give effect to the Chargeback by debiting the seller’s Your Wardrobe Cash balance (which may result in the seller’s Your Wardrobe Cash balance going into negatives). The decision to debit the seller’s Your Wardrobe Cash balance for a Chargeback is at Your Wardrobe’s sole discretion

If Your Wardrobe gives effect to a Chargeback or makes a Reversal, the seller agrees to indemnify Your Wardrobe against any and all costs that are incurred as the result of the Chargeback or Reversal (including in relation to a buyer’s successful Rental Protection application). The seller authorises Your Wardrobe to debit the seller’s Your Wardrobe Cash balance the amount of any such costs. If, in respect of any Reversal or Chargeback, Your Wardrobe is unable to debit the seller’s Your Wardrobe Cash balance (or the vendor fails to pay any amount owing to Your Wardrobe), this will create a debt between Your Wardrobe and the seller, and Your Wardrobe may refer the matter to a debt collector in accordance with clause.

If a buyer has received a Chargeback, Your Wardrobe will not allow the buyer to receive the benefit of Purchase Protection in respect of the transaction that involved the chargeback.

The seller agrees to do all reasonable things as requested by Your Wardrobe or any Issuer (which may include providing additional evidence, or more information such as (without limitation), proof of postage) to aid the investigation by Your Wardrobe, Your Wardrobe’s Acquirer or an Issuer of a Reversal or Chargeback, or any other buyer complaint or query.

If an Issuer or Your Wardrobe’s acquiring bank (known as its “Acquirer”) is investigating a Chargeback and asks for more information about the transaction, Your Wardrobe may disclose such information to its Acquirer or the Issuer (via the Acquirer) for the express purpose of determining the validity of the Chargeback . Any such disclosure of personal information will be made in accordance with Your Wardrobe’s privacy policy.

Our iPhone App (Apple®)

If you choose to use our App on an iOS device, you acknowledge and agree that these Terms are between you and Your Wardrobe only, not with Apple, and Apple is therefore not responsible for the Service and the content. Apple does not have any obligation to furnish any maintenance and support services with respect to the Service.

Member Submitted Content

You may submit items (including artwork, images, text, graphics, logos, and similar items) in connection with the Website, mobile App or Services.

License

Your Wardrobe does not claim any ownership right of member Submissions. You grant Your Wardrobe a sole licence that enables Your Wardrobe to use any information or member Submissions you supply Your Wardrobe with, so that Your Wardrobe is not violating any rights you might have in that member Submission. You grant Your Wardrobe a worldwide, non-exclusive, perpetual, royalty-free, fully paid-up license to use, reproduce, reformat, create derivative works of, distribute, excerpt, perform, and display the member Submission (in whole or in part) and to incorporate the member Submission in other works in any form, media, or technology now known or later developed (a) on the Website (including any mobile version of the Website); (b) on any application designed or developed to allow others to view your member Submission; (c) in materials created to promote the Website and any of its contents, and (d) in connection with online and offline events conducted in connection with the Website.

You agree that you will allow Your Wardrobe to store, translate, or reformat member Submissions on the Website or Services and display member Submissions on Your Wardrobe in any such way Your Wardrobe chooses. This also includes a Buyer using the same image(s) or text description as the original Seller when re-listing. Your Wardrobe will only ever use personal information in accordance with Your Wardrobe’s Privacy Policy.

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 Your Wardrobe.

Re-Posting member Submissions

By posting member Submissions on Your Wardrobe, it is possible that another outside website or a third party to re-post your member Submissions. You agree that you hold Your Wardrobe harmless for any dispute that concerns this use. If you choose to display your own Your Wardrobe-hosted image on another website, the image must provide a link back to the active listing on Your Wardrobe.

Ideas & Feedback

Your 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 Your Wardrobe are non-confidential. Any communication by you to Your Wardrobe is subject to this Agreement, and Your 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 Your Wardrobe is not liable for the disclosure or use of any Ideas & Feedback. You hereby acknowledge and grant Your 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 Your 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.

Prohibited and Restricted Items and Activities

You are solely responsible for your conduct and any activities on the Website, including any interactions with Your Wardrobe or its Services, and all member Submissions that you submit, post, and display on the Webs

Without notice, Your 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 Your Wardrobe community, as determined by Your Wardrobe in its sole discretion. Further, we may block members that violated the Agreement repeatedly, or have engaged in other behaviour which Your Wardrobe deems necessary for removal of the member Submission.

Member Submissions and your use of Your 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 Your 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 behaviour towards other members, including contacting, advertising or soliciting to any other member without prior explicit written consent from Your Wardrobe, or using an automated system to send messages or comments or to other members; intimidate or impersonate any person (including any Your 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 Your Wardrobe system or network, or that are otherwise designed to interfere with such systems or networks; appear to create a liability for Your Wardrobe or cause Your Wardrobe to lose (in whole or in part) the services of Your 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 Your 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, Your Wardrobe will pull funds from the Seller even if the Seller has already cashed out the Your Wardrobe credit from their Your Wardrobe Wallet. Furthermore, you may not list any item on Your Wardrobe (or consummate any transaction that was initiated using our Services) that by paying to Your Wardrobe could cause Your Wardrobe to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.

Information Control

Your 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 pretences.

By using the Website and Services, you agree to accept these risks and that Your Wardrobe (and Your Wardrobe’s officers, directors, agents, joint ventures, subsidiaries, and employees) are not responsible for any and all acts or omissions of members on Your Wardrobe. Please use caution, common sense, and practice safe selling and buying when using Your Wardrobe.

Other Resources

Your Wardrobe is in no way responsible for the availability of outside websites or resources references or linked to on the Website or Services. Your 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 Your 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.

Termination

Your 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 Your 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 Your 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 Your Wardrobe’s members or to Your Wardrobe; or (g) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning Your 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 Your Wardrobe policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.

Your 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 – Your Wardrobe will refund the balance of your Your Wardrobe account, minus a $5 manual processing fee payable to Your Wardrobe. No refund will be made if the Your Wardrobe 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 Your Wardrobe Cash account is forfeited to Your Wardrobe and your membership will be suspended.

Personal Information and Privacy

Your Wardrobe will only use personal information in accordance with its Privacy Policy.

As part of a transaction, you may obtain personal information, including shipping information, from another member. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for Your Wardrobe-related communications regarding that transaction with the other member. Your Wardrobe has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the member, you are not licensed to add any Your Wardrobe member to your email or physical mail list. For more information, see Your Wardrobe’s Privacy Policy via the link above.

Intellectual Property

All content on the Website is owned by or licensed to Your Wardrobe. Subject to the Agreement, Your 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 Your 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 Your 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 Your Wardrobe’s Trademarks displayed on the Service, without our prior written permission in each instance. Your 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 Your Wardrobe intellectual property will inure to our exclusive benefit.

  1. Complaint Procedures & Takedown Requests

Your Wardrobe respects the legal rights of others and expects you to do the same. As a seller, you are required to comply with all laws (including copyright laws) and you are not permitted to use a brand’s Intellectual Property (e.g. images and descriptions) unless authorised to do so.

If you believe a seller has violated the Agreement or your intellectual property rights, please complete the following steps.

To enforce the intellectual property rights of owners, Your Wardrobe engages in a Verified Rights Owners program that allows owners to request Your 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 Your 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 Your 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 Your 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 Your 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 Your Wardrobe: yourwardrobenz@gmail.com

If a copyright notice is received by Your Wardrobe’s Copyright Agent, Your 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 Your 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 Your 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.

Your Wardrobe may disclose offenders’ personal identification information to third parties with intellectual property rights who have complied with the complaint procedure. For more information, see Your Wardrobe’s Privacy Policy, accessible via the website.

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 yourwardrobenz@gmail.com if the Verified Rights Owner has not replied after 10 days or if you have any other questions.

  1. Disclaimers

Your Wardrobe is not involved in the actual transaction between Buyers and Sellers. While Your Wardrobe may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by our policies (e.g. Your Wardrobe rental 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 Your 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.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Your 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 YOUR 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 Your Wardrobe IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE “Your Wardrobe Rental 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 Your 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.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Your 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. Your Wardrobe may elect to assume the defence and control of such claim and, in such case, you agree to cooperate with Your Wardrobe in the defence of such claim and to reimburse Your Wardrobe for all reasonable expenses and fees incurred in the course of defending such claim.

  1. No Guarantee

Your 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 Your Wardrobe’s control.

  1. Disputes with Other members or Third Parties

In the event a dispute arises between you and another member or a third party, Your Wardrobe encourages you to contact the member or third party to resolve the dispute amicably.

Your 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 Your 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. Your 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.

If you are have a consignment or a no stress insurance membership with Your Wardrobe, Your Wardrobe will step in and take full responsibility of the dispute and resolution policy and any court or collection action needed.

  1. 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.

  1. Severability

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.

  1. No Agency

You and Your Wardrobe are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

  1. Your Wardrobe Right to Modify or Terminate

Your Wardrobe reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. Your Wardrobe reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If Your Wardrobe makes a material change, then Your Wardrobe will notify you here by posting updates to this Agreement or by means Your Wardrobe deems appropriate. What constitutes a “material change” will be determined at Your Wardrobe’s sole discretion, in good faith, and using common sense and reasonable judgment.

  1. Change of Ownership

If Your Wardrobe were to merge with or be acquired by another company, or sell a significant portion of its assets or all of its assets, we may share information with them in accordance with our Privacy Policy. Should such an event occur, we will ask that the newly combined entity follow Your Wardrobe’s Privacy Policy with respect to your personal information or otherwise advise you of any changes to a newly adopted privacy policy. If your personal information is to be collected, used, or disclosed for any purposes not covered in this Agreement or our Privacy Policy, you will receive prior notification of the processing of your personal information for the new purposes.

  1. General Terms

This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Your Wardrobe’s express written consent. On the other hand, Your 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 Your Wardrobe, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and Your Wardrobe to enforce any rights obtained or obligations incurred hereunder.

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 Your Wardrobe and it supersedes any other agreement or understanding (written, oral or implied) between you and Your Wardrobe. No other agreements, promises, representations, or understandings shall be binding upon Your Wardrobe with respect to the Website or Your Wardrobe’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of Your Wardrobe.

Neither you nor Your 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, labour 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.

 

 

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