law and jurisdiction
15.1. The Agreement shall be governed by Australian law.
15.2. The Agreement shall be subject to the exclusive jurisdiction of the New South Wales courts to which the parties irrevocably submit.
(Description of the Service)
1. The CSO Website http://www.clothingstoreonline.com.au
is owned by CSO and through it CSO can provide its Designers with access to a range of on-line resources, (Clothingstoreonline), marketing support, various communications tools, branded programming and personalised content.
2. CSO reserves the right to revise or alter the Service at any time. Any variation in Service will be subject to the Conditions.
3. In order to use the Service, Designers must establish and maintain access to the world wide web at their own cost, including a computer and modem or other access device. All Designer computer equipment must have up-to-date protection against Viruses and all information supplied electronically to CSO must be submitted free from Viruses.
4. The CSO Website is only a site which allows registered Designers to offer their products and services direct to potential buyers. Accordingly:
• CSO acts solely as agent on behalf of disclosed principals, namely the registered Designers;
• any agreement to buy the Designer Products is concluded directly between the Designer and Buyer concerned;
• CSO does not systematically review listings provided by users of the CSO Website;
• Products offered for sale through the CSO Website are neither owned nor come into the possession of CSO at any time; and
• CSO cannot and does not accept any responsibility for ensuring that Designers and potential Buyers conclude any transaction or perform their respective obligations under any agreement concluded between them.
5. The Service allows Designers to offer their Products as part of an 'always on' detailed electronic online catalogue containing categories and sub-categories, which allows Designers to display their Products in the most appropriate categories, and with product information, pictures and promotions uploaded by them.
6. Designers can amend and update information about their Products displayed on the CSO and are responsible for designing, creating, managing and amending any graphics or product images, subject to CSO's general content regulations.
7. In its roles as a facilitator and agent for disclosed principals, CSO cannot be involved in the conclusion or fulfillment of any transaction between Designers and prospective Buyers.
Where the buyer pays by credit card, a transaction fee percentage or as may be notified to the Designer from time to time is payable by a Designer on the value of each transaction made through the CSO Website in respect of the costs of sale of CSO in respect of such transaction. The Transaction Fee is currently 2% and subject to GST.
A Commission Fee is payable by the Designer on the value of sales made through the CSO Website by a Designer. The Commission Fee is calculated as a percentage of the value of goods sold at a rate agreed in writing between CSO and the Designer at the time of joining or at the time of renewal. The Commission Fee is subject to GST.
*CSO will refund monies paid and received by them in respect of sold goods which are subsequently returned by the customer and authorised for refund for good reason by the Designer in accordance with clauses 6.11 to 6.16 of the Agreement. The Transaction Fee originally made on any refunded purchase will be retained by CSO.
Web maintenance Fee
CSO can provide assistance in the maintenance of your dedicated Clothingstoreonline web pages. These services will be provided at a nominal rate of $35 plus GST per hour. No cost is incurred by the Designer for the general maintenance of the CSO website or the Multi category pages.
(Standards of Service Policy)
The aim of CSO's Standards of Service Policy is simply to provide all Buyers, that visit and use the CSO Website to buy Products, with a good service that produces the absolute minimum of complaints.
Designers are solely responsible for ensuring that their designers are compliant with all appropriate legislation. As such, CSO highly recommends that Designers take appropriate legal advice to ensure that the standards of service set out in this Policy are fully complied with.
Note: As used in this Policy, the terms: * 'you' and 'your' refer to Designers. * 'your home page(s)' refers to the Designer's home page(s) within the Dedicated Clothes Store Area * 'we' refers to CSO
1. post & packing/delivery
The designer will be responsible for the delivery/post & packing of their products sold on the CSO site.
CSO will charge the customer a $10 administration and handling fee.
Payment for goods and services by Buyers of your products through the CSO Website will be through a range of credit cards using the Eway online payment processing system and direct deposit into the CSO bank account.
Refunds must be made ONLY through E-way. Do NOT issue refunds by cheque or other means. Designers must request that CSO process any authorised refunds directly to the customer on their behalf.
4. customer relations
• The order notification email that is sent to your Customer will include sufficient contact information so that they may contact CSO by post, email or telephone.
• If your terms and conditions differ from the ‘standards’ established by CSO, you must display your terms and conditions (which will include terms to reflect this Standards of Service Policy) with particular reference to returns, on the appropriate areas of your Dedicated Clothes Store Area. You must also inform CSO.
• If your expected delivery times differ from the standards established by CSO, you may display your expected delivery times. You must also inform CSO.
• If you produce personalised or specially-made items, you must clearly display the specific delivery times, order cancellation and returns policy for these. You must also inform CSO.
• COS will respond to any enquiries or complaints in the first instance within one working day.
• You will conform to all applicable legislation and regulations without limitation
• Any and all correspondence sent to a shopper must be directed via CSO and must include reference to clothingstoreonline.com.au. You are requested not to contact the shopper directly. Material is available and will be supplied to you from time to time to assist you in the fulfillment of this obligation.
• You may not contact the shopper by email or any other means. Only CSO may contact the customer to discuss the processing and progress of the CSO order. The shopper has subscribed and/or registered with clothingstoreonline.com.au only and a Designer who used the shopper’s email contact details to promote their business apart from CSO without gaining the shoppers express permission would be in breach AUSTRALIAN privacy legislation.
5. order processing information
Once an email order has been received by you from a Buyer:
• You are obliged to fulfill the order.
• You are obliged to dispatch the order for receipt by the Buyer within three to five days unless the item is being specially made or ordered.
• You must notify CSO promptly by email at each of the following stages:
• Receipt of order notification.
• Processing and/or dispatch of order with expected delivery date.
• Receipt of an item that has been returned to you.
• You must include with all orders a copy of the appropriate CSO order notification email, a copy of the CSO dispatch letter and such additional documentation as may be provided by CSO.
• You must not include any other material with the package.
6. return and refund of unwanted goods and faulty products
Whilst you are naturally required to conform to the appropriate legislation that gives consumers the statutory right to a full refund on faulty items, it is obviously good business sense to improve on the minimum. As such, the CSO minimum is:
• That you give the shopper a cooling off period of seven days from the receipt of goods, in which shoppers can cancel their order.
• If personalised items are being specially made, or products are exempt in other ways, any limit or variation on CSO refunds and returns policy must be necessary and legal and stated clearly on your dedicated web pages.
• Request for refund on dispatched goods must be confirmed to CSO within 2 days of receipt of the returned goods.
• Where goods are faulty and returned, post and packing costs must be refunded along with the cost of the goods.
• A maximum of 28 days must be allowed after receipt of goods for customers to return products to you.
• Refer to agreement clauses 6.11 to 6.16 for further return and refund terms.
• Prices must be fully inclusive of GST, all taxes and additional charges.
• Pricing should be consistent over a reasonable period of time. Reducing your price for speedy or improved sale is acceptable, but changing prices frequently and unnecessarily is not. 8. stock availability
• Stock availability should be displayed accurately for all products and should be updated regularly.
• Once the final piece of stock has been sold of any item and will no longer be available, you must remove that product from CSO
• If a product is out of stock you must specify this on a product page so that orders cannot be taken for it. If a shopper places an order for an item which is in fact out of stock, and consequently requires a refund, then you will be charged the Commission Fee on that order.
9. linking to your site
• You may include a link to your or other website
• You may not include your email address anywhere on the site
• Because CSO has no control over your site and resources, CSO is not responsible for your ‘external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on your site or resources.
• You are requested to include a link from your external site to your CSO dedicated home page.
10. product listing
All products can be found by the customer through a system of ‘tags’. The following are necessary for the ease and reliability of the Buyers' experience and service on the CSO Website:
• You may associate your product with as many ‘tags’ or words as you choose in the ‘product finder’, as long as they are appropriate to the product and its normal use.
• You may associate your service with a limited number ‘tags’ or words as you choose in the ‘service finder’, as long as they are appropriate to the product and its normal use.
• You may associate your product with a limited number of ‘tags’ or words as you choose in the ‘gift finder’, as long as they are precisely selected by you and only fully appropriate products are offered as gifts.
• A single item only may appear in each product listing. Multiple products within a single product listing are not permitted.
• A single item may appear only once on the site. You may not re-list identical items under a different title or stock code.
• Each listing must contain all the information required and such information must be accurate. 'Dummy' box filling to circumnavigate required fields is not permitted.
• Keyword spamming in listings is not permitted ('keyword spamming' is when inappropriate keywords are used or placed in a title or description to gain attention or divert users to another listing).
• You must not create titles for your listings that do not accurately describe the items for sale.
• You must conform to the guidelines that are set out in the Content & Style Guide that is issued to you, and updated and re-issued to you, from time to time.
• regardless of your usual choice or style of language, you must use titles, descriptions and other words and language that is simple and self-explanatory, in order that both the onsite search engine and the popular search engines, such as Google, can find and deliver results for your page. If you do not, the search engines will deliver much less productive results for your products.