Terms of Use

Please read the following terms of use agreement before using the who is she wearing website. This agreement sets forth the legally binding terms and conditions for your use of the website at www.whoisshewearing.com.au. This agreement is between you and who is she wearing pty ltd acn [618 893 217] (us or we).

  1. Definitions
    • Browser means any person who accesses the Website (www.whoisshewearing.com.au) for the purposes of browsing.
    • Buyer is any person engaged in a Sale Transaction as a purchaser.
    • Item is any item for sale or rent on the Website.
    • Late Fee is defined in clause 8.
    • Late Return is defined in clause 8.
    • List Price is the price nominated by an Owner or Seller for the sale or rent of an Item.
    • Member means any person who accesses the Website and makes a profile.
    • Owner means any person who owns an Item that is available for rent only on the Website.
    • Pre-Authorised Amount is defined in clause 6.
    • Rental Transaction means a transaction between an Owner and a Renter for the rental of an Item, initiated and completed through the Website whereby ownership of the Item does not pass from the Owner to the Renter.
    • Renter means any person who engages in a Rental Transaction with an Owner.
    • Sale Transaction means a transaction between a Seller and a Buyer for the sale of an Item, initiated and completed through the Website whereby ownership of the Item passes from the Seller to the Buyer.
    • Seller means any person who owns an Item that is available for sale on the Website.
    • Shipping Price is the price nominated by the Owner or Seller for the transport of the Item to the Buyer or Renter as the case may be (the Shipping Price is in addition to the List Price).
    • Terms of Use means this agreement, encompassing all 11 clauses and subclauses as updated or amended by Us from time to time.
    • Us means the company trading as Who Is She Wearing (ABN 75618893217)
    • We means the company trading as Who Is She Wearing (ABN 75618893217)
    • Website means www.whoisshewearing.com.au and all associated links there in.
    • You means any person who accesses the Website, whether for browsing, creating a profile, selling, buying, renting or for any other purpose.
  2. Introduction
    1. Who Is She Wearing is an online marketplace for clothing and accessories, linking Buyers, Renters and Sellers together. By using the online marketplace, You agree to these Terms of Use. These Terms of Use apply to all users of the marketplace, whether they are Buyers, Renters, Owners, Sellers or Browsers.
    2. The marketplace allows Buyers and Sellers to buy, sell or rent out their women's clothing and accessories at a price fixed by the Seller (or Owner in the case of a rental). We are not directly involved in the transaction between Buyers and Sellers and Owners and Renters.
    3. We do not guarantee the true age, identity, nationality or location shown on a Member's profile. You agree that the use of Who Is She Wearing is at your own risk and We are not liable for any content posted by You or other Members.
    4. Buyers and Sellers and Owners and Renters are required to arrange for the physical transfer of each Item for each Rental or Sale Transaction on their own terms. This may include the agreement to post, ship or courier each Item. For more information on posting, shipping and couriers see clause 11.
  3. Legal ownership of Items
    1. The legal ownership of each Item is as follows:
      1. In the case of a Rental Transaction the legal ownership remains entirely with the Owner. The Owner does not forfeit any of their legal ownership in a Rental Transaction;
      2. In the case of a Sale Transaction the Seller is the legal owner of the Item until the Buyer has paid for it. Upon receipt of payment, the Buyer becomes the legal Owner of the Item.
  4. Membership
    1. We reserve the right to:
      1. refuse membership to any person or entity;
      2. alter the membership requirements; and
      3. cancel any membership at our sole discretion.
    2. Members must be 18 years or older, or 16 years or older with the consent of a parent or guardian. By agreeing to the Terms of Use you guarantee that you are 18 years of age or older, or 16 years or older with parental or guardian consent.
  5. Fees
    1. We take a commission from each Rental Transaction and Sale Transaction of 15% of the total transaction price. There are no other fees associated with Who Is She Wearing. All third party supplier fees are encapsulated in the 15% commission. We reserve the right to temporarily alter our fees and in such a case, notice will be given to each Member. For the avoidance of doubt, examples of the fees charged by Us is are follows:
      1. To create an account no fee is charged;
      2. To post an advertisement of an Item no fee is charged;
      3. To browse the Who Is She Wearing website no fee is charged;
      4. To complete a Sale Transaction a fee of 15% of the total sale price will be deducted as a fee;
        1. For example, if an Item is sold for $100, We will deduct $15 leaving the Seller with $85.
      5. To complete a Rental Transaction a fee of 15% of the total rental price will be deducted as a fee;
        1. For example, if an Item is rented out for $50, We will deduct $7.50 leaving the Owner with $42.50.
      6. For the avoidance of doubt, the Buyer or Renter will always pay the price as listed on each Item’s individual advertisement. There will be no additional fees added to the price nominated by the Owner or Seller.
  6. Pre-Authorisation and Payment Platform
    1. We have engaged a third party supplier, Stripe Payments Australia Pty Ltd (ACN 160 180 343) (Stripe) to manage the system for arranging payment and accounts. By entering into a Rental Transaction or Sale Transaction you agree to the applicable terms and conditions with Stripe as updated from time to time.
    2. As a Renter in a Rental Transaction, on execution of the Rental Transaction, you pre-authorise an additional amount of $150.00 (Pre-Authorised Amount) that we may withdraw in the event of a Rental Dispute or a Late Return.
      1. We will not withdraw any of the Pre-Authorised Amount unless we believe, on reasonable grounds that you have caused damage or loss to the Owner. The nature of any charge under the Pre-Authorised Amount is compensatory and designed to reimburse the Owner for actual damage or loss suffered by the Rental Transaction.
  7. Buying, Selling and Renting
    1. As a Member you may post advertisements, buy, rent and sell women’s clothing and accessories on the Website. You must not buy, sell or rent counterfeit Items or stolen Items.
    2. As a Seller or Owner you agree that by posting an advertisement for an Item:
      1. You are the legal owner of that Item and hold the right to sell or rent out the Item;
      2. The description and features of the Item posted in the advertisement are accurate and genuine, including any photographs used to depict the item.
    3. Rental Transactions and Sale Transactions are legally binding agreements. Sellers and Owners are liable for ensuring that the advertisement of each Item is accurate and truthful. Buyers and Renters are reasonably able to rely on the Item description and any information provided by the Seller or Owner as being truthful and accurate.
  8. Renting and Late Returns
    1. Each Rental Transaction gives the Renter a four (4) day period to exclusively hold and use the Item. The four-day period commences in accordance with the Renter’s request. In the event that the Renter returns an Item late (Late Return), to compensate the Owner for losses the Renter will be charged $20 per day(Late Fee). The Late Fee will be deducted from the Pre-Authorised Amount and will be capped to that value.
  9. Rental Disputes
    1. In the event that a Renter and an Owner have a dispute over a Rental Transaction, We assume no liability whatsoever for any loss, damage or harm caused to either party. We reserve the right to take action as we see fit to resolve the dispute if we are in a position to do so.
      1. As a Renter, upon entering into a Rental Transaction, you agree to give us the right to charge you up to a maximum of $150 above the price of the Rental Transaction in the event of a Rental Dispute arising.
        1. We will not charge you any amount unless a Rental Dispute has arisen and We, on reasonable grounds believe that you have caused loss or damage to the Owner. All additional charges in the event of a Rental Dispute are to compensate the Owner. You, as a Renter agree that additional charge for loss or damage caused by you is not a penalty and is compensatory.
    2. As an Owner, you must raise a dispute within the Website or contact Us within 24 hours of the Return Date in order for us to be able to take appropriate action. Any action taken in relation to a Rental Dispute is at Our absolute discretion.
  10. Buying and Selling Disputes
    1. In the event that a Buyer and a Seller have a dispute over a Sale Transaction, We assume no liability whatsoever for any loss, damage or harm caused to either party. We reserve the right to take action as we see fit to resolve the dispute if we are in a position to do so.
      1. As a Buyer, upon entering into a Sale Transaction, you agree to give us the right to charge you up to a maximum of $200 above the price of the Sale Transaction in the event of a Sale Dispute arising.
        1. We will not charge you any amount unless a Sale Dispute has arisen and We, on reasonable grounds believe that you have caused loss or damage to the other party. All additional charges in the event of a Sale Dispute are to compensate the other party. You, as a Buyer or a Seller, agree that additional charges for loss or damage caused by You is not a penalty and is compensatory.
  11. Rating System
    1. For each Rental Transaction and Sale Transaction, both parties will have the opportunity to rate one another out 5 stars (Rating System). The average rating out of 5 stars will appear on each users profile. The purpose of the Rating System is to encourage transparency and accountability among all users. You agree to act honestly and in good faith when participating in the Rating System. You agree that you will rate users based on your overall experience in dealing with that user limited to the particular transaction that it applies to. Some factors that you should consider when giving a rating are, but not limited to:
      1. Politeness and friendliness of the other user;
      2. Accessibility and reliability of the other user; and
      3. Quality of the product and accuracy of its description.
  12. Posting, Shipping, Couriers
    1. We are not liable for any damage, loss or inconvenience caused by any courier, carrier or other agent of the Owner, Seller, Buyer or Renter in the transportation of an Item. Any fees to be incurred in a Rental or Sale Transaction for the transport of an Item are to be included in the Shipping Price.