FULL TERMS OF SERVICE
The terms and conditions of service constitute the service agreement (The ‘Agreement’) and create a contract between you (“you” or “your”) and Renascence Studio Pty. Ltd. and its affiliates (“Renascence Studio”, “We”, “Us” or “Our”). Please read this agreement carefully.
This website located at https://www.renascencestudio.com.au, referred to as the “Site”, is operated by Renascence Studio. We offer this site, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service/s” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
Our site is hosted on Shopify Inc who provide us with the online e-commerce platform that allows us to sell Products and Services to you.
SECTION 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - Accuracy, Completeness & Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3.1 Website Content Disclaimer
The Site is mainly for information purposes only. All posts and information shared here are individual opinions with no intention to harm or mislead any individual.
3.2 Copyrighted Material Disclaimer
The products and material contained on this site have been legitimately acquired, therefore reselling items that contain copyrighted material is not an infringement of copyright.
Australian copyright law does not grant copyright owners the exclusive right to control the sale or resale of their copyright material.
Australian Consumer Law (ACL) prohibits anti-competitive behaviour. Brands are therefore not permitted to stop their products being resold as this may be considered anti-competitive behaviour.
SECTION 4 - Modifications to Service & Prices
Prices for our products and services are subject to change at any time and without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - Products & Services
5.1 Product Appearance
We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site.
We cannot guarantee that your computer monitor's display of any colour will be accurate.
Please view product/photos carefully as they form part of the description.
Imperfections, and wear and tear are consistent with age and use, particularly for vintage and antique products. Any significant imperfections will be photographed and described in the Product listing on the Site to the best of our ability.
We encourage you to read all Product and Service descriptions before making a purchase.
If you have any reservations at all please enquire with us about the Product or Service before you make your purchase.
5.2 Limit of Product or Services Offered
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the sale of Products or Services to exclusively online through the Site, or exclusively in store. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
Our Products and Services are subject to the following Returns Policy.
SECTION 6 - Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - Optional Tools
We may provide you with access to third-party tools through the site over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - Third Party Links
Certain content, products and Services available via our Site may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - User Comments, Feedback & Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
- to maintain any comments in confidence.
- to pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - Personal Information
Your submission of personal information through the Site or in store is governed by our Privacy Policy.
SECTION 11 - Mobile Terms of Service
The Renascence Studio Pty. Ltd. mobile message service (the "Service") is operated by Renascence Studio Pty. Ltd. (“Renascence Studio Pty. Ltd.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Renascence Studio Pty. Ltd.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Renascence Studio Pty. Ltd. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Renascence Studio Pty. Ltd.. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to Renascence or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Renascence Studio Pty. Ltd. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to Renascence or email hello@renascencestudio.com.au.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
SECTION 12 - Errors, Inaccuracies & Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
SECTION 13 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 14 - Disclaimer of Warranties; Limitations of Liability
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk.
The Site and all products and Services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, or Service including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - Indemnification
You agree to indemnify, defend and hold harmless Renascence Studio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and Services (or any part thereof).
SECTION 18 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 20 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - Contact Information
Questions about the Terms of Service should be sent to us at support@renascencestudio.com.au
Our contact information is posted below:ANNEXURES
Annexure (A) Terms of HireThe terms and conditions of hire constitute the hire agreement (The ‘Agreement’) and create a contract between you (“you” or “your”) and Renascence Studio Pty. Ltd. and its affiliates (“Renascence Studio”, “We”, “Us” or “Our”). Please read this agreement carefully.
These terms require the use of arbitration on an individual basis. You must agree to the term and condition of this agreement if you wish to Hire Products from Renascence Studio Pty. Ltd. and by accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the site and use these Services.
Our Terms of Service herein (“TOS”) are incorporated by reference and made a part of this Agreement to which You are agreeing, and such TOS additionally apply to any of Your and Our activities under this Agreement.
Once you accept the agreement, it will remain in effect and govern all transactions between you and Renascence Studio until you or we terminate it pursuant to the TOS.
This annexure contains all the terms and conditions specifically regarding the Rental of Products available for Hire at Renascence Studio.
Through the Hire Service, we aim to give you access to premium designer garments and accessories, stylist advice and other information to help you decide which products are suitable to you.
You agree that the Hire of Products from Us is subject to all TOS herein and our Privacy Policy. These are subject to change from time to time.
You agree that by Hiring Products from Us, ownership of these Products remains with Renascence Studio at all times.
Our Products may be Hired on behalf of a minor dependent by You if you can represent that you are at least the age of majority in your state or place of residence and you have:
By accessing or using any part of the site, you represent that you are the age of majority in your state or place of residence and are authorised to use your chosen method of payment with the purpose of renting the products on the Hire Order.
1. Our Commitment to You
We will deliver the Hired product that you have ordered including the correct size, colour, and style on or before the date you have specified for delivery on your order. Except where we have indicated to you that your request for this is not possible or guaranteed and therefore your Order will be amended.
Our liability to you for failure to deliver a product you have ordered is limited only to timely delivery. If an order is not delivered on time and we have done everything in our power to get it to you on time, a store credit will be issued, minus shipping charges.
2. Payment Terms
The “Hire Fee” for the product/s will be the rental fee, delivery fees and any additional charges listed on the Site in relation to your rental of products.
When you place a Hire Order, you authorise Us to charge your payment method for your Hire Fee. We will charge your Payment method immediately upon receiving your order.
In the event that you fail to uphold your commitment to us as set forth in this agreement, In addition to your Hire Order for a product, you authorise Us to charge your payment method up to an amount to 200% of the entire original retail value of the product as specified in the “RRP” on the Site.
3. Product Fit and Returns
We do not offer refunds or store credits once a Hire Order has been shipped.
3.1 Right Fit
3.2 Contact Information
We do not take responsibility for Hire orders where an incorrect/ineligible address has been provided. If you have supplied an incorrect address, you will not be entitled to a refund of any kind, and you may be liable to pay any late fees or a replacement fee if the Hired Garment is not returned to us.
3.3 Dispatching Your Order
3.4 Returning Your Order
- If incorrectly posted, you will be required to repay the Hire Fee if it does not arrive back in time to be processed for the following hire.
- We will not take responsibility for lost item(s) that were returned using Australia Post boxes.
- If you lose the return packaging, we provide you with, it is your responsibility to notify Us immediately, and return the garment via trackable express post. Tracking details must be sent to hire@renascencestudio.com.au prior to posting.
- If you return the garment via an Australia Post Outlet (highly recommended) where it will be scanned over the counter as proof of lodgement, then the article will be deemed as returned and we will accept responsibility for the article after the first scan. If you return your dress via an Australia Post Prepaid Satchel and the dress is not scanned and is lost by Australia Post, then you accept responsibility for this loss and will be required to pay the retail cost of the dress.
4. Dry Cleaning
We dry clean, steam and inspect all products with the utmost care prior to each hire, however, use of this product is at your own risk, and We shall not be held liable for any health-related complaints associated with a product rented from our site. Our products have been worn by other consumers prior to your rental.
5. Use of Our Hire Garments
You agree to treat the garment/s with the utmost care. You will not attempt to fit into a dress that is too small for you, you will not attempt to zip up a dress that is too tight and risk damaging the zipper.
Please avoid direct contact with:
- Make-up
- Fake tan
- Sharp objects and Jewellery
- Acidic topical cream
6. Damage
If the item is stained and requires specialist or additional cleaning this charge will also be payable by you and payable within seven (7) days of the invoice being issued to you.
6.1 Repair Costs
6.2 Damage Beyond Repair
7. Timely Return of Hired Item/s
You agree to return your garment on or prior to the order return date by 3pm Weekday/ 12pm Saturday using the prepaid return packaging provided.
If the garment is returned late, you will incur a $30AUD late fee for every day you are late.
If you have not returned your product within 20 days of the return date your product will be considered a non-return and Renascence Studio will charge your payment card for up to 200% of the RRP plus any lost income from pre-booked rentals that cannot be honoured by us as a result, less any accumulated late fees that are still owed by you.
If you do not pay the amounts owed to us by the due date, we will refer your debt to a collection agency to pursue you for collections, including and without limitation, legal and collection fees.
8. Service Refusal
Should you breach this agreement We reserve the right to refuse service to You at our own discretion.
9. Insurance
We offer an optional insurance premium at checkout. You may choose to accept this option at your own discretion.
Insurance premium paid through Renascence Studio covers You for any damage, repair, alteration or additional cleaning required to a maximum value of $100.00 AUD Inc. GST.
Any additional costs above $100.00 AUD paid by Us to rectify, clean or repair an insured Hire garment will be payable by you.
In the event an insured item requires replacement, you will be liable for 50% of the RRP if you’ve paid the insurance premium for the hire of the damaged garment.
The customer will be liable for full repair & replacement costs (up to 200% of the full RRP) for items not insured through Us.
You must obtain a lodgement receipt for the insurance to be valid. Insurance does not cover the cost of untracked Hire Orders that have not been received by Us or are lost by Australia Post.
Please note this also includes Hire Orders stated as “not received” when marked as delivered to your address by Australia Post.
All orders are sent as ‘Authority to Leave’ unless signature on delivery is requested in advance by you. In the case of an item not being returned, a minimum of the full RRP plus any cancelled Hire Fees will be charged.
We do not accept any third-party insurance policies, and you acknowledge and accept full liability and responsibility for the payment of additional monies owed to Renascence Studio by the due date.
10. Cancellation Policy
You may cancel your rental order subject to the following conditions and applicable fees:
11. Email
We will use the information from your order to send you email marketing on occasion. We do not however pass on any of your details including your email address to any other companies or corporations. You may opt out of receiving those emails by emailing hire@renascencestudio.com.au
ANNEXURE B
Terms of Consignment/SalesThe terms of conditions of Consignment/Sales form the Consignment/Sales Agreement (“The Agreement”) and create a contract between you (“You” or “Your”) and Renascence Studio Pty. Ltd. and its affiliates (“Renascence Studio”, “We”, “Us” or “Our”). Please read this agreement carefully.
These terms require the use of arbitration on an individual basis. You must agree to the terms and conditions of this agreement if you wish to consign or sell goods with Renascence Studio Pty. Ltd. and by accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the site and use these Services.
Our Terms of Service herein (“TOS”) are incorporated by reference and made a part of this Agreement to which You are agreeing, and such TOS additionally apply to any of Your and Our activities under this Agreement.
Once you agree to this agreement, it will remain in effect and govern all transactions between you and Renascence Studio until you or we terminate it pursuant to Section 5 of this agreement.
Consignees should be aware of and understand our Cancellation & Return policy.
1. Overview; Account Creation
We market and sell luxury designer items, jewellery, watches, art, home goods and other goods.
To sell goods with Us, You first need to provide your contact and payment information.
Once the account is created, You can request that We:
2. Consignment
(A) Ownership
If You choose Consignment for Your Property, You, not Renascence Studio, will still own the Property (the “Consigned Property”), even after You deliver the Consigned Property to Us.
After We receive the Consigned Property from You, We will send You an email confirming the items of Consigned Property have been received.
Once We have further evaluated, inspected, and authenticated the item(s), we will notify you of the status of Your goods and the list price(s) assigned to those Accepted Goods (as defined in Section 2(b)(ii) below)).
The Accepted Goods will then be processed and listed as available for sale on the Site and, at Our discretion, may also concurrently be displayed and available for purchase at Our Melbourne Store.
Please note that all list prices are determined at Our sole discretion unless We have previously agreed otherwise with You in writing.
(a) Delivery Of Consigned Property; Risk of Loss
(i) We accept the risk of loss or damage to Consigned Property only when:
1. We take physical possession of the Consigned Property, or
2. You use Our approved, pre-paid shipping label and approved method of shipment to ship Your Consigned Property and the label is processed into Our approved shipping vendor’s tracking system and You actually provide the Consigned Property to the vendor (“Approved Transit”).
A “Shipment” means items of Consigned Property that are placed with a carrier or vendor and shipped together under one Approved Transit shipping label.
The timing of all claims is critical especially when we need to follow up with the postal service or courier about damage that was incurred in transit. If claims are lodged outside of the prescribed time frame, you risk having your claim rejected.
(ii) If an item of Consigned Property is damaged, stolen, or lost while in Our possession or during Approved Transit, it will be treated as Sold (as defined in “Title to Property” at Section 2(e) below) and We will pay You a Commission (defined in “Commissions and Payment for Consigned Property” at Section 2(f) below) on that item.
The Commission will be based on the damaged, stolen, or lost item’s estimated Net Selling Price (defined in Section 2(f) below), which will be determined solely by Us.
This payment represents the amount You would have received in the normal course of a sale, less any discounts or promotions applied under this Agreement, and the payment will be processed and paid under the regular schedule of Commission payments as described in Section 2(f) below.
(iii) In the event You request return of an item of Consigned Property, and it is damaged during shipping, You must notify us and then return the damaged item to Us in compliance with Our shipping instructions and at Our expense along with any evidence We request to validate Your damage claim.
If We can validate, and ultimately agree with Your damage claim, We will provide the Commission.
Unless otherwise prohibited by law, this remedy will constitute Your sole remedy and entire recourse against Us for Consigned Property that is damaged, stolen, or lost and is in lieu of any other remedy otherwise available as a matter of law or equity.
(B) Consigned Property Acceptance Conditions
(i) Upon receipt of an item of Consigned Property, We will evaluate it to determine, in Our sole discretion, its quality, value and authenticity based on proof provided by You. The item’s condition will affect the valuation and pricing.
(ii) We only accept Consigned Property that We think is appropriate for resale on the Service. We reserve the right to accept or reject an item for any reason, but generally to be accepted, the Consigned Property must be at a minimum (in Our sole discretion):
1. owned by You; you covenant, represent and warrant that you have all rights, authority and clearances necessary for Us to sell the item on your behalf, and will perform your rights and obligations under our Terms of Service.
2. accompanied by any documents necessary to transfer the ownership of the item to the buyer once sold.
4. listed in Our current Brand list at the time of evaluation (see our Brands List here) for items currently being accepted);
5. authentic (which means, among other things, that the item is not counterfeit, fake, stolen or subject to any geographic sale restrictions, such as in the case of grey market goods); and
6. consistent with the representations and warranties You make when Your Property is consigned with Us as described in Section 8 below.
(iii) If We decide to reject an item, Renascence Studio may terminate the eligibility of certain item(s) at any time and without advanced notice.
(C) Consignment Period and Return of Property
(i) Subject to termination of this Agreement pursuant to Section 5 hereof, the “Consignment Period” for each item of Consigned Property begins on the date an item is Accepted by Us for Consignment and ends 365 days thereafter, even if this Agreement has been terminated during that time by You or Renascence Studio.
At any time during the Consignment Period, and subject to this provision, You may request in writing that We return any Accepted Item (a “Return Request”), so long as the Accepted Item has not already been Sold.
Once We receive Your Return Request, We will use commercially reasonable efforts to remove the Accepted Item from the Site, and from our Melbourne Store, if applicable, before it is Sold.
(D) Efforts to Sell; Price
(E) Title To Property
You will continue to own and have title to each item of Consigned Property until that item is “Sold” or until the end of the Consignment Period. An item will be considered Sold at the earlier of when:
(i) We sell it to a customer and the Consigned Property is not returned to Us within the period specified in Our then-current Return Policy (see return policy, which may be updated, modified and changed from time to time); or
(F) Commissions And Payment for Consigned Property
Renascence Studio Commission Rates used to calculate the commission (the “Commission”) You receive for each item of Consigned Property that is Sold is found HERE (which We may update and modify from time to time).
3. Get Paid Now
Certain items of Property may be eligible for the Get Paid Now option. If You choose Get Paid Now for Your eligible items of Property, You agree to sell and relinquish all right, title, and interest to the items of Property so designated (the “Get Paid Now Property”) to Us for an amount equal to the offer price We communicate to You (the “Offer Price”) as set forth more fully below.
(b) Determining the Offer Price; Accepting or Rejecting the Offer
(i) If We decide to purchase any of Your Get Paid Now Property, We will determine the Offer Price for each item using factors that We deem to be appropriate. The Offer Price(s) will be communicated to You via either Your MySales page or directly via email (the “Offer Communication”).
4. Unauthenticated, Counterfeit, or Stolen Items
We are committed to preventing the sale of counterfeit and unauthentic goods and have an inhouse authentication process to prevent the sale of counterfeit and stolen goods on the Site. However, You are responsible in the first instance for ensuring the authenticity of all items You provide to us.
If We cannot confirm the authenticity of any item of Property You have provided, We may, in Our sole discretion, refuse to accept the item and return it to You.
If We determine at any time that an item is counterfeit, unapproved, allegedly stolen, or offered for sale in an unauthorised geographic market (for example, grey market goods), We will notify You that we have made such a determination and You will have an opportunity to provide proof of purchase or other proof of authenticity, including sales receipts and other indications of origin or provenance acceptable to Us.
We reserve the right, in Our sole discretion, to deny the use of Our Services to any consignor who submits counterfeit items for sale on the Site.
We also fully cooperate with brands seeking to track down the source of counterfeit items and in addition to the rights above, if required by court order or directive of law enforcement, We may reveal to brands the contact information of sellers submitting goods that have been challenged as infringing, unapproved, suspicious, allegedly stolen, or offered for sale in an unauthorised geographic market (for example, grey market goods).
We are subject to laws and regulations relating to claims that items offered to Us or on the Service are counterfeit, have been stolen, or otherwise violate applicable law. We take such reports seriously and will cooperate with law enforcement in all investigations.
5. Termination; Denial of Service
You and We may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice and any applicable costs relating to return of Consigned Property listed under “Consignment Period and Return of Property” at Section 2(c), will apply.
At Renascence Studio, We truly value Our customers and are committed to providing a safe, respectful, and positive experience for You, as well as for the members of Our team. We reserve the right, in our sole discretion, to deny or terminate access to Our services of any customer who engages in prohibited behaviour.
6. No Assignment
You may not assign this Agreement or any interest You have in it without Our prior written consent. Any prohibited assignment is null and void. This Agreement will ensure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns.
7. Disclaimer of Warranties; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR CONSIGNMENT, GET PAID NOW, AND OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT
8. Your Representations, Warranties and Indemnification
You hereby represent and warrant that:
9. Governing Law
This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between You and Renascence Studio, whether tort, contract, or statutory, will be governed exclusively by the laws of Victoria, without regard to its conflicts of laws principles (whether of Victoria or any other jurisdiction). Any Dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of Victoria and Australia, respectively. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to this Agreement or any sales or consignments made under this Agreement.
10. Amendments to This Agreement
We may update or change any of the terms and conditions of this Agreement at any time in Our sole discretion upon thirty (30) days’ notice, except as set forth above in “Commissions and Payment” at Section 2(f)(v) above which provides that Commission Rates may be changed by Us at any time and without notice to You and that such change is effective immediately.
You will be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless You terminate this Agreement before the effective date of the revised terms. If You do not agree to any revised terms, Your sole recourse is to terminate this Agreement in accordance with “Termination; Denial Of Service” at Section 5 above before the effective date of the revised terms.
11. Entire Agreement
This Agreement, including Our TOS and any terms, policies, or documents incorporated by reference, sets forth the final, complete, and exclusive agreement between You and Us regarding the subject matter hereof and terminates and supersedes all prior understandings or agreements on such subject matter. Except as expressly set forth in “Commissions and Payment” at Section 2(f) and “Amendments to this Agreement” at Section 10 above, this Agreement may be modified only by a writing signed by You and Us.
In the event there is a conflict between the terms of this Agreement and any terms or documents incorporated by reference, this Agreement will control.
12. No Implied Waiver
Any failure by You or Us to enforce any provision of this Agreement will not constitute a waiver of such provision or of any other provision of this Agreement.
13. Severability
If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such a term were absent upon the date of the execution of this Agreement.
14. Survival of Terms After Agreement Ends
Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on You or Us will survive the termination of this Agreement.
15. Headings
Headings used in this Agreement are provided for convenience only and will not be used to construe meaning or intent.
16. Notices
All notices under this Agreement must be in writing (which includes emails).
If You have any questions or comments about this Agreement, the Service or wish to terminate this Agreement, please contact Us by email at:
consign@renascencestudio.com.au
You also may write Us at:
We will provide all notices to You at the email address or physical address that You have provided to Us. You are solely responsible for keeping that information current and accurate.
All agreements, notices, disclosures, and other communications that We provide electronically to You satisfy any legal requirement that such communications be in writing.
17. Dispute Resolution
PLEASE READ THIS ARBITRATION SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS, BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
18. Consignment and Get Paid Now Process Summary
19. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this Agreement or Your having access to and use of the Service. Except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement.
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