RELOOP Brand Consignee Terms and Conditions
1. The RELOOP Services (defined below) are offered by Glam Corner Pty Ltd ABN 43 155 435 788 (we, us, GlamCorner) to applicable retail partners (referred to as you or your)
2. These Terms apply in addition to the RE-LOOP Re-Commerce as a Service Agreement between GlamCorner and you (RaaS Agreement).
3. These Terms form together with the RaaS Agreement the entire agreement between you and us in relation to our provision of the RELOOP Services to you and replace any prior representation or agreement. For the avoidance of doubt, to the extent that there are any inconsistencies between these Terms and the terms of the RaaS Agreement, the terms of the RaaS Agreement will prevail to the extent of the inconsistency, in respect of the RELOOP Services.
What is RELOOP?
4. RELOOP is recommence-as-a-service offered by GlamCorner to you and allows you to send goods to GlamCorner to re-sell, or to restore and re-sell, on your behalf in accordance with these Terms (RELOOP Services).
5. RELOOP can be accessed via our website at https://reloop.com.au.
6. In these Terms:
a. ACL, Law and Loss have the meanings given to such terms as set out in clause 1.1 of the RaaS Agreement.
b. Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Sydney, New South Wales.
c. Claims includes a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award or loss, whether based in contract, civil, common law, tort (including negligence) or statute and whether involving you, us, a third party or otherwise.
d. Fees mean the fees in respect of the RELOOP Services as agreed between the parties in an order form under the RaaS Agreement.
e. Fulfilment Centre means GlamCorner's fulfilment centre located at 391W Park Road, Regents Park NSW 2143, Australia or any such other address as may be notified by us to you from time to time.
f. GlamCorner Terms and Conditions means the GlamCorner Terms and Conditions which are available at https://www.glamcorner.com.au/info/terms.
g. Minimum Listing Period means the minimum period of time that the item will be listed (unless sold prior) before GlamCorner may determine, in its sole discretion, to remove the item. The Minimum Listing Period is 60 days or such other period determined by GlamCorner from time to time to ensure that items have the best chance of success at being sold through RELOOP, and to adjust to market demand.
h. Product Listing Guidelines means any product listing guidelines notified to you by GlamCorner from time to time, and includes the product listing guidelines set out in clause 34.
i. RELOOP Kits means the kits we send you with information about RELOOP and a prepaid satchel for you to fill with your item(s) to RELOOP and return to the Fulfilment Centre.
j. Terms means these terms and conditions.
k. Store means our websites at https://www.glamcorner.com.au or http://www.reloop.com.au (including any subdomains thereof), together with any other websites on which these Terms appear or any App which we provide on any platform from time to time.
What information do we take?
What is our relationship with you?
9. You are the "bailor" of your item(s) and we are the "bailee". This means that you are the owner of your item(s) and you are entrusting us with your item(s) without transferring ownership of your item(s) to us.
10. Nothing in these terms may be construed as creating a relationship of employer and employee, of partnership, of principal and agent or of trustee and beneficiary.
Title and Risk
11. You retain title to your item(s) at all times until we sell your item(s) to a third party customer and:
a) the item(s) are delivered to the third party customer; and
b) the third party customer has paid all amounts owing in respect of the item(s).
This means that you retain ownership of your item(s) even after the item(s) are received by us.
12. All risk in, and liability for, the item(s) including loss, theft, or destruction of the item(s) remains with you unless and until such time that title to the item(s) is passed to a third party customer pursuant to clause 11 above.
13. Subject to clause 15, to the extent permitted by law, GlamCorner will not be liable for any loss, cost, damage, or claim suffered or incurred by you or any third party in connection with the loss, theft, or destruction of the item(s) at any time. This does not limit any of your rights under the ACL as set out in clauses 16 and 17.
14. Notwithstanding clauses 12 and 13, where an item is lost or damaged while in GlamCorner's care (that is, after the item is received at GlamCorner's Fulfilment Center) GlamCorner will either repair the item or:
a) pay to you the amount the item is listed/to be listed for on RELOOP;
b) pay to you the amount you paid for the item from the applicable manufacturer as set out in your proof of purchase (which you must provide to GlamCorner pursuant to clause 37); or
c) pay to you an amount reflecting the residual value of the relevant item (taking into account the condition of the item and any defects), as agreed by the parties,
whichever is the lesser amount.
15. GlamCorner will determine in its sole discretion (acting reasonably) whether to repair the item or compensate you pursuant to this clause 15.
16. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable Law that cannot be excluded, restricted or modified by agreement.
17. To the fullest extent permitted by Law, GlamCorner's liability for a breach of a non-excludable guarantee referred to in clause 16 is limited to, in the case of services supplied or offered by GlamCorner:
a) the supplying of the RELOOP Services again; or
b) the payment of the cost of having the RELOOP Services supplied again.
18. Despite any other provision of these Terms, clauses 13 to 18 survive the expiry or termination of these Terms.
How RELOOP works through you
19. You will complete a RELOOP listing form for applicable items you wish for Glam Corner to restore and/or RELOOP and GlamCorner either sends you RELOOP Kits to the address you specify in the RELOOP listing form or a shipping label for you to print (ie if you already have a suitable box for your item(s)).
20. You use the RELOOP Kits (or a suitable alternative package) to send your item(s) to GlamCorner's Fulfilment Center.
21. Once received, GlamCorner will assess your item(s) to confirm that the item(s) meets the Product Listing Guidelines.
22. If your item(s) fails to meet the Product Listing Guidelines, we will return your item(s) to you at your cost, unless you have chosen a different option pursuant to clauses 38 to 40.
23. If your item(s) meets our Product Listing Guidelines, your item(s) will be submitted for listing on our website for the Minimum Listing Period.
24. We will manage the process of arranging a photoshoot for your items, content writing, marketing, customer enquiries and management of your items including delivery and logistics. In addition, if the relevant item is a customer return to you, or has been provided to us as an item for restoration before being re-sold, we will provide applicable restoration services including but not limited to repairs and cleaning.
25. If a third party customer purchases your item, we will comply with clauses 30 to 33.
26. If a third party customer does not purchase your item during the Minimum Listing Period, we may decide to remove the listing at any time by complying with clauses 41 to 44.
How will the resale price of your items be determined?
27. GlamCorner will provide a recommended listing price through the listing form however the parties may otherwise agree the price at which we will list your item(s) from time to time, including through the use of tools available when you log into the account we create on your behalf.
Your Password and Account
28. You will be fully responsible for all acts and omissions of any person using your designated password and RELOOP account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your RELOOP account or do anything that would risk the security of your RELOOP account. GlamCorner will not in any event be liable for any Loss arising out of the use or misuse of your password and RELOOP account, and you will indemnify GlamCorner against all Loss in this regard.
29. You must notify GlamCorner immediately if you become aware of any unauthorised access or use of your RELOOP account.
30. Where a third party customer purchases your item, the third party purchaser will pay GlamCorner for your item.
31. For every item successfully sold, GlamCorner will retain applicable Fees and will pay the remainder to you in accordance with the RaaS Agreement after the item has successfully been RELOOPed. GlamCorner will provide periodic reports to indicating the number of successful RELOOPs (only for the first time each item that was originally purchased from you by a customer that opted into RELOOP at the time of purchasing the item from you is RELOOPED), and including:
a) each Customer's full name;
b) the original order numbers and order dates corresponding with each item;
c) the amounts for which the items were successfully RELOOPED; and
d) the fee to be paid by GlamCorner to you for the successful RELOOP.
32. An item is considered as successfully RELOOPed when:
a) the item has been received by the third party customer and the third party customer has not made a request to return the item within 24 hours of delivery pursuant to the GlamCorner Terms and Conditions; and
b) payment for your item is received by GlamCorner from the third party customer in cleared funds.
33) Once your item has been successfully RELOOPed, until GlamCorner pays you pursuant to clause 31, GlamCorner will hold your proportion of the proceeds of the sale of your item on trust for you as trustee.
When will we refuse to list your item(s)?
34. GlamCorner will not list an item if it does not meet the Product Listing Guidelines. This includes:
a) the item cannot be authenticated, including where GlamCorner is not satisfied that the item is authentic;
b) you do not provide proof of purchase upon request pursuant to clause 37;
c) GlamCorner suspects that the item may be counterfeit, stolen or otherwise obtained or attempted to be sold unlawfully; or
d) the item is otherwise unfit for sale.
35. GlamCorner may also refuse to list an item if GlamCorner determines that the proposed listed price is excessive.
36. GlamCorner reserves the right to decline your item in its sole discretion if your item does not meet the Product Listing Guidelines, including the conditions set out above.
Proof of purchase
37. You must send GlamCorner proof of purchase of your item(s) from applicable manufacturers if requested from GlamCorner within 5 Business Days of such a request - preferably a purchase order to ensure the authenticity of the item(s).
What happens if GlamCorner refuses your item?
38. When you complete a RELOOP listing form you will select one of the following options for GlamCorner to follow if GlamCorner refuses your item:
a) GlamCorner to recycle your item; and
b) GlamCorner to return your item back to you, at your cost.
39. If you choose the option at clause 38a), we will do our best to recycle your item. However not all items can be recycled. If your item cannot be recycled, we will dispose of it in another manner.
40. You acknowledge and agree that where GlamCorner suspects an item meets the description in clause 34b):
a) GlamCorner may contact the relevant authorities to notify them of the item, without notifying you;
b) GlamCorner may contact the relevant designer/manufacturer or fashion house to notify them of the item, without notifying you; and
c) you bear the risk that the item may be seized by the appropriate authorities or relevant designer/manufacturer or fashion house, and the item might be destroyed or detained, and GlamCorner will not be liable for the item or for any consequences in such an instance and action may be taken against you by us or by any third parties.
What happens if we do not sell your item?
41. We make no warranties or representations that we will sell your item(s).
42. Your item(s) will be listed for the Minimum Listing Period unless they are sold during this time. GlamCorner may determine, in its sole discretion, to remove your item any time after the Minimum Listing Period expires.
43. If we do not sell your items during the Minimum Listing Period, we may contact you by email and ask you whether you would like us to:
a) recycle your item; or
b) return your item to you at the address we originally sent the RELOOP Kit (or another address you notify to us), at your cost.
44. If you do not respond within 90 days of our notice referred to in clause 43, we will either recycle your item (e.g. donate your item to a local charity) or dispose of your item in another way at our sole discretion in accordance with applicable laws.
What happens if you want GlamCorner to return your item prior to it being RELOOPed?
45. If you change your mind about selling your item through RELOOP, you can delist your item and request that GlamCorner return your item to you (at your cost) through the tools available when you log into your account we create on your behalf and access your listings.
46. Clause 45 does not apply once your item is sold to a third party customer.
47. In clause 48, the expressions Consideration and GST have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999.
48. Unless otherwise expressly stated, all prices or other sums payable or Consideration to be provided under or in accordance with these Terms are inclusive of GST.
49. You agree and acknowledge that you will fully indemnify GlamCorner in respect of all Loss, (including legal fees on a full indemnity basis) and Claims however arising, whether at common law (including negligence) or under statute, in connection with any wrongful, wilful or negligent act or omission by you in connection with these Terms.
50. If you have any concern regarding these Terms or RELOOP, please contact GlamCorner at firstname.lastname@example.org and GlamCorner will consider our grievances however reserves the right to resolve the dispute in the manner it determines most appropriate, acting reasonably.
51. RELOOP is subject to change at any time without notice and may contain errors. We may from time to time review and update these Terms including to take account of new laws, products or technology. Your use of RELOOP will be governed by the most recent Terms posted on the Store. By continuing to use RELOOP, you agree to be bound by the most recent Terms. It is your responsibility to check the Store regularly for updated versions of these Terms.
52. Clause 19 (General) of the RaaS Agreement applies to these Terms.