Terms of service
WEBSITE TERMS AND CONDITIONS OF USE
This website is operated by ‘Good order Collective’. Throughout the site, the terms “Goodorder”, “we”, “us” and “our” refer to ‘Good order Collective’ offers this website, 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” 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.
Any new features or tools which are added to the current store 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 website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
(a) Welcome to www.goodordercollective.com.au (the 'Website'). The website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Services').
(b) Access to and use of the Website, or any of its associated Products or Services, is provided by Good order collective (ABN36943944131). Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Good order collective in the user interface, for example, when you are registering to become a Member or placing an order for Product(s).
3. Registration
(a) If you register as a member of the Website. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(vi) Payment details
(b) You warrant that you are of legal age and that any information you give to Good order collective in the course of completing the registration process will be accurate, correct and up to date.
(c) Once you have completed the registration process (and click ‘Create’, you accept these Terms) and you will be a registered member of the Website ('Member').
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password. Use of your password by any other person may result in the immediate cancellation of your membership;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Good order collective of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Good order collective providing the Services;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and
(viii) any automated use of the Website or the Services is prohibited.
5. Purchase of Products and Returns Policy
Due to the nature of secondhand, some pieces may have minor faults or imperfections. Please take the time to read the item descriptions carefully as we are unable to provide returns or exchanges for change of mind or if an item doesn’t fit.
(a) In using the Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price'). All prices are in Australian dollars and include GST.
(b) Payment of the Purchase Price may be made through Shopify (the 'Payment Gateway Provider'). In making a purchase, you warrant that you have familiarised yourself with, and agree to be bound by, the Terms, Privacy Policy and any other relevant legal documentation provided by the Payment Gateway Provider.
(c) Following payment of the Purchase Price being confirmed by Good order collective, you will be issued with a receipt by email to confirm that the payment has been received and Good order collective may record yourMember and purchase details for future use.
(d) Title to the Product(s) that you order passes to you when we receive full payment for the Products from you. Risk in the Products passes to you upon delivery at your nominated delivery address.
(e) We may refuse to accept an order from you for any reason including, but not limited to, the following:
(i) if the Product is no longer available;
(ii) if we have reasonable grounds to suspect that your order may be fraudulent; or
(iii) if a Product was included wrongly on the Website.
6. Individual Seller Returns Policies
‘Good order Collective’ is an an online marketplace, meaning when you buy something on ‘Good order Collective’ you may be purchasing an item from a third-party seller. Although we help facilitate the sale, and for your protection, all of our sellers are vetted to meet certain criteria to qualify to sell on ‘Good order Collective’. ‘Good order Collective’ do not inspect or physically see the items sold.
For this reason, it’s the responsibility of each seller to outline their returns policy and the responsibility of each buyer to review the seller’s returns policy before purchasing an item.
For buyers, if your item has not arrived, or if what you received is significantly different to what was described or faulty, you can report the issue to us within 30 days and we will reply to you with instructions on how to proceed. Please make sure you report the issue by emailing us at ‘Good order Collective’ the item did not arrive or was materially and significantly different to the description thereof or the item was counterfeit.
i) If we find that the above criteria is fulfilled, subject to you returning the item (tracked delivery, you will receive a full refund of the item (excluding delivery fees) from the seller.
ii) As a Seller, non-material goods, prohibited items and meet-in-person transactions are not covered by Seller Protection.
Where Buyer and Seller cannot agree on a resolution, ‘Good order Collective’ will try to mediate a resolution between you and the Buyer. If we find that the Buyer was correct in that the item was not as described or was not delivered, subject to the Buyer returning the item to you, you agree to refund the full sale price of the item and where you fail to do so, you hereby give ‘Good order Collective’ permission to do so on your behalf.
7. Delivery
(a) You acknowledge that the Services offered by Good order collective integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
(b) In providing the Services, Good order collective may provide you with a variety of delivery and insurance options (at an additional cost) offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Good order collective is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, Good order collective asks that you:
(i) contact us by sending an email to ‘Good order Collective’. outlining whether the Product appears to have been lost or in what way the Products were damaged in transit. Please include the receipt or order number, date of purchase, product description and price paid in your email. Please also include a photo of the damaged Product(s).
(ii) Good order collective will reply with the actions taken to resolve the matter such as contacting the Delivery Service Provider and/or providing a refund or replacement.
8. Copyright and Intellectual Property
(a) The Website and all of the material on it are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Good order collective or its contributors.
(b) Good order collective retains all rights, title and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Good order collective; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Good order collective and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. Privacy
(a) Good order collective takes your privacy seriously and any information provided through your use of the Website and/or the Services is subject to Good order collective’s Privacy Policy, which is available on the Website.
10. General Disclaimer
(a) You acknowledge that Good order collective does not make any guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms and your statutory rights.
(b) Good order collective will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) Good order collective will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website is at your own risk. Everything on the Website is provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Good order collective (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about Content referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of Content (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website;
(iv) operation in respect to links which are provided for the User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
(a) To the maximum extent permitted by law, ‘Good order Collective’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Good order collective is the resupply of information or Services to you
(b) You expressly understand and agree that Good order collective, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge that Good order collective does not provide the Delivery Services to you and you agree that Good order collective will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
(d) Nothing in these Terms excludes or limits our liability for:
(i) fraud;
(ii) death or personal injury caused by our breach of duty; or
(iii) any other liability which cannot be excluded or limited by applicable law.
12. Termination of Membership
(a) You will continue to be a Member until your membership is terminated by either you or by Good order collective as set out below.
(b) If you wish to cancel your membership, you may do so by:
(i) notifying Good order collective at any time; and
(ii) closing your account(s) for all of the Services which you use, where Good order collective has made this option available to you.
(c) Your notice should be sent, in writing, to Good order collective via the 'Contact Us' link on our homepage.
(d) Good order collective may, at any time, terminate your membership if:
(i) you have breached any provision of the Terms or where Good order collective has a reasonable belief that you have breached the Terms;
(ii) Good order collective is required to do so by law;
(iii) the partner with whom Good order collective offered the Services to you has terminated its relationship with Good order collective or ceased to offer the Services to you;
(iv) Good order collective is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
(v) the provision of the Services to you by Good order collective is, in the opinion of Good order collective, no longer commercially viable.
(e) Subject to applicable laws, Good order collective reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice where it reasonably believes that you are in breach of any provision of the Terms or any applicable law or if your conduct impacts Good order collective’s name or reputation or violates the rights of those of another party.
13. Indemnity
(a) You agree to indemnify Good order collective, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach by you or your agents of the Terms or the rights of a third party.
14. Dispute Resolution
(a) Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice: A party to the Terms claiming a dispute (' Dispute') has arisen under the Terms, must give written notice (‘Notice’) to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution: On receipt of the Notice by that other party, the parties to the Terms ('Parties') must:
(i) Within 2 business days of the other party’s receipt of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 15 business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Victoria, Australia.
(d) Confidential: All communications concerning negotiations made by the Parties arising out of and, in connection with, this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation: If 15 business days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Services offered by Good order collective is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
16. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws in force in Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
18. Competitions and Prizes
Good order collective may, from time to time, hold promotions and competitions and award prizes. These will be subject to separate Terms and Conditions.
19. External Websites
Websites that are accessed by links from the Website are not the responsibility of Good order collective and are subject to their own Terms and Conditions. Your use of a linked website is at your own discretion and risk.
20. Members who sell on our website
You are liable and solely responsible for:
(a) The condition and nature of the Goods when provided to the Company;
(i) Your Goods must be original and not fake, counterfeit, or misleading in any way.If ‘Good order Collective’, in its sole discretion, determines that it has reason to believe that any Goods are counterfeit, illegally obtained, or associated with a crime (whether or not the Company receives notice from law enforcement authorities to that effect), we may (with or without notice to you): (i) refuse to accept or sell the Goods, (ii) hand those Goods over to the appropriate authorities, or (iii) destroy the Goods, without any liability for any loss, cost, damage, or claim you or any third party may suffer in connection with the Company’s action.
We may be required by law to hold Goods for a minimum period before releasing them for sale, in case they are stolen or otherwise associated with a crime. Your Goods will be inspected in that time to determine that they are fit for sale.
(ii) Your Goods must be of good quality and condition and be fit for sale. Any Goods that are determined (at the ‘Good order Collectives’ sole discretion) to be unfit for sale will not be accepted for sale, and will be removed from the website.
(b) any Content you submit via our website;
Content that you post using our Services is your ‘Your content’ . We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames).
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
(i) By posting Your Content through our Services, you grant Good order collective licence to use it. You acknowledge and agree Good order collective may offer you or Good order collective buyers promotions on the Site, from time to time, that may relate to your listings
(ii) By posting Your Content, you grant Good order collective a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. Content in any formats and through any channels, including across any Good order collective, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content.
(c) your breach of any person’s intellectual property rights;
(i) Good order collective has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please email us. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer.
(d) your breach of these Terms or any other agreement with us; and
(e) your breach of any applicable law.
(i) You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
20. Contact Information
Questions about the Terms of Service should be sent to us at goodordercollective@gmail.com.
Last Updated: 21 Dec 2024