Terms of service

WHAT PARTS OF THESE TERMS APPLY TO ME? 

This agreement governs your use of the Le Fashion Central platform, accessible at www.lefashioncentral.com (Platform) and any goods or services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Le Fashion Central ACN 652 504 400 (Le Fashion Central, we or us).

The remainder of this agreement is divided into three parts:

  • Part A (All Users), which sets out terms that apply to all Users;
  • Part B (Sellers), which sets out additional terms that apply to Sellers, being Users who register for a Seller Account and/or offer to sell goods or services through the Platform; and
  • Part C (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account and/or offer to buy goods or services through the Platform.

    • If you intend to use the Platform as a Seller, only Parts A and B of these terms will apply to you. 

    If you intend to use the Platform as a Customer, only Parts A and C of these terms will apply to you. 

    When we talk about the “Goods” in this agreement, we are referring to the goods available through the Platform via Sellers. 



    1. All Users
    1. ELIGIBILITY
      1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
        1. have not been suspended or prohibited from using the Platform; and
        2. are either:
          1. over the age of 18 years and accessing the Platform for personal use; or
          2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
      2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform. 
      3. If you use the Platform on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. 
    2. ACCOUNTS
      1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
      2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by Le Fashion Central from time to time.
      3. You warrant that any information you give to Le Fashion Central in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
      4. Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
      5. Once you complete the Account registration process, Le Fashion Central may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
      6. Le Fashion Central reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
      7. Le Fashion Central may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
    3. USER OBLIGATIONS

    As a User, you agree:

    1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
    2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Le Fashion Central of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
    3. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including:
      1. you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and
      2. you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Le Fashion Central; 
    4. not to act in any way that may harm the reputation of Le Fashion Central or associated or interested parties or do anything at all contrary to the interests of Le Fashion Central or the Platform; 
    5. you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Le Fashion Central; 
    6. that Le Fashion Central may change any features of the Platform or Goods offered through the Platform at any time without notice to you;
    7. that information given to you through the Platform, by Le Fashion Central or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; 
    8. that Le Fashion Central may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3; and
    9. that you will be required to use a Third Party Payment Platform (and make an account) in making or receiving any payments via the Platform (Third Party Payment Platform), you warrant that you have read, understood and agree to be bound by Paypal.com terms at https://www.paypal.com/au/webapps/mpp/ua/useragreement-full, or the terms of use of other third party payment portals or other payment methods from time to time, that will be available on the Paypal website and other payment portal websites.
    1. POSTED MATERIALS
      1. WARRANTIES

    By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

    1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
    2. the Posted Material is accurate and true at the time it is provided;
    3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
    4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
    5. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition; 
    6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
    7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
    8. the Posted Material does not breach or infringe any applicable laws.

    Le Fashion Central does not represent or warrant that any Posted Materials provided or posted on the Platform complies with this clause 4.1.

    1. LICENCE
      1. You grant to Le Fashion Central a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Le Fashion Central to use, exploit or otherwise enjoy the benefit of such Posted Material.
      2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Le Fashion Central from any and all claims that you could assert against Le Fashion Central by virtue of any such moral rights.
      3. You indemnify Le Fashion Central against all damages, losses, costs and expenses incurred by Le Fashion Central arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
    2. REMOVAL
      1. Le Fashion Central acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Le Fashion Central may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
      2. You agree that you are responsible for keeping and maintaining records of Posted Material.
    1. RATINGS AND ReviewS
      1. Customers may rate a Listing, and Sellers may rate a Customer (each a ‘Rating’) and Users may provide feedback to other Users regarding the relevant Goods or experience with that User (Review). 
      2. Ratings and Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Listing is removed or terminated.
      3. Users must provide true, fair and accurate information in their Reviews.
      4. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future Reviews. We do not undertake to review each Review made by a User.
      5. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
      6. You must not publish Reviews for Users to which you have personal or professional relations.
      7. Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:
        1. they have purchased a product from that Seller;
        2. they have sold a product to that Customer;
        3. you have placed an order with the Seller;
        4. you have had an order placed with you by the Customer; or
        5. you can otherwise document that you had a buying or selling experience with that User, including via correspondence or other interaction with the User, (collectively referred to as a Shopping Experience).
      8. You must only write about your own Shopping Experience. You are not permitted to write a Review about somebody else’s Shopping Experience, such as that of a family member or friend.
      9. You must not write a review about a Seller whose organisation you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you must not write a Review about a direct competitor to the Seller you own, are employed by or work for. 
      10. Your Shopping Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review. 
      11. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.
    2. SERVICE LIMITATIONS

    The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Le Fashion Central cannot and does not represent, warrant or guarantee that:

    1. the Platform will be free from errors or defects;
    2. the Platform will be accessible at all times;
    3. messages sent through the Platform will be delivered promptly, or delivered at all;
    4. information you receive or supply through the Platform will be secure or confidential; or
    5. any information provided through the Platform is accurate or true.
    1. INTELLECTUAL PROPERTY 
      1. Le Fashion Central retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
      2. You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Le Fashion Central or as permitted by law.
      3. In this clause 7, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
    2. THIRD PARTY CONTENT

    The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Le Fashion Central accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

    1. THIRD PARTY TERMS
      1. As part of your continued use of the Platform, Le Fashion Central may acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service, like Paypal.com), which may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
      2. Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by continuing to use the Platform, the User will be taken to have agreed to such Third Party Terms.
    2. DISPUTES BETWEEN USERS
      1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
      2. If any issue or problem relating to the Platform remains unresolved 14 days after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Le Fashion Central via customercare@ionlyworeitonce.com.au. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
      3. Le Fashion Central reserves the right to hold funds through its Third Party Payment Platform in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Customer a refund.
      4. Any costs you incur in relation to a complaint or dispute will be your responsibility.
      5. Le Fashion Central has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
      6. If you have a dispute with Le Fashion Central, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings. 
      7. Notwithstanding any other provision of this clause 10, you or Le Fashion Central may at any time cancel your Account or discontinue your use of the Platform.
    3. SECURITY

    Le Fashion Central does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

    1. PICK UP OPTION

    If you elect to meet with another User in relation to the supply or pick up of Goods, you:

    1. are responsible for communicating with and meeting with that User in a safe space;
    2. release Le Fashion Central in respect of all liability for loss, damage or injury which may be suffered by any person arising from you meeting another User in person.
    1. DISCLAIMER
      1. (Introduction service) Le Fashion Central is a medium that facilitates the introduction of Customers and Sellers for the purposes of buying and selling Goods. Le Fashion Central simply collects a Listing Fee from Sellers in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Sellers in relation to such Goods or otherwise resulting from the introduction. 
      2. (Limitation of liability) To the maximum extent permitted by applicable law, Le Fashion Central excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.
      3. (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Le Fashion Central’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the replacement or the supply of equivalent goods or their repair.
      4. (Indemnity) You agree to indemnify Le Fashion Central and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
        1. breach of any term of this agreement; 
        2. use of the Platform; or
        3. your provision or receipt of Goods from another User.
      5. (Consequential loss) To the maximum extent permitted by law, under no circumstances will Le Fashion Central be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Seller (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
    2. CONFIDENTIALITY

    You agree that:

    1. no information owned by Le Fashion Central, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
    2. all communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
    1. PRIVACY

    You agree to be bound by the clauses outlined in Le Fashion Central’s Privacy Policy, which can be accessed here <link>. 

    1. TERMINATION
      1. Le Fashion Central reserves the right to terminate a User’s access to any or all of the Platform (including any Account or Listings) at any time without notice, for any reason.
      2. In the event that a User’s Account, or access is terminated:
        1. the User’s access to all posting and messaging tools on the Platform will be revoked;
        2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
        3. the User may be unable to view the details of all Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.
      3. Users may terminate their Account or access on the Platform at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Le Fashion Central will effect such termination within a reasonable time after receiving written notice from the User.
      4. Notwithstanding termination or expiry of your Account or this agreement, the provisions of Part A and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
    2. TAX

    You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Le Fashion Central will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.

    1. RECORD / AUDIT

    To the extent permitted by law, Le Fashion Central reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Le Fashion Central.

    1. NOTICES
      1. A notice or other communication to a party under this agreement must be:
        1. in writing and in English; and
        2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
      2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
        1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
        2. when replied to by the other party,

    whichever is earlier.

    1. GENERAL
      1. GOVERNING LAW AND JURISDICTION

    This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    1. WAIVER

    No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    1. SEVERANCE

    Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

    1. JOINT AND SEVERAL LIABILITY

    An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    1. ASSIGNMENT

    A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

    1. COSTS

    Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

    1. ENTIRE AGREEMENT

    This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

    1. INTERPRETATION
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (gender) words indicating a gender includes the corresponding words of any other gender;
      3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
      7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
      8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      9. (includes) the word “includes” and similar words in any form is not a word of limitation; 
      10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
      11. (currency) a reference to $, or “dollar”, is to Australia currency, unless otherwise agreed in writing.
    1. Sellers
    1. ELIGIBILITY

    You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform.

    1. LISTINGS 

    You acknowledge and agree that:

    1. you must provide as much information as possible in any listing you upload to offer to provide Goods via the Platform (Listing), including but not limited to information about sizing, high quality photographs of each item without filters and from all reasonable angles, the price you purchased the Goods, the recommended retail price and other information reasonably requested by Le Fashion Central;
    2. if you are offering to sell Goods that are designer items, you represent and warrant that, to the best of your knowledge, those Goods are authentic designer items and you will use your best endeavours to provide a Customer with proof of purchase and other documentation to verify the authenticity of those Goods;
    3. Le Fashion Central may choose not to accept any Listing you submit to the Platform, and Le Fashion Central may limit the number of Listings you can submit on the Platform or remove any Listing you have submitted on the Platform;
    4. for any Goods, you must only charge each Customer the amount you have quoted as being payable by a Customer in the relevant Listing for the Good(s) described in that Listing or as otherwise negotiated and agreed between you and the Customer (GST inclusive) (Quoted Amount) and you must not try to claim any Listing Fee (defined below), or any other additional amount, from the Customer for the Goods;
    5. delivery of Goods to Customers is the responsibility of the Seller;
    6. you may charge for delivery of Goods to the Customer as part of a Listing, such amount to form part of the Quoted Amount, however the amount charged for delivery must be reasonable;
    7. you must take all reasonable steps to provide the Goods as described in every Listing that is accepted by a Customer, including by not cancelling any part of an accepted Listing;
    8. you must deal with any dispute with a Customer in accordance with clause 10 of Part A;Le Fashion Central reserves the right to allocate the Quoted Amount between a Customer and a Seller in accordance with:
      1. any other agreement between that Customer and Seller, as notified to Le Fashion Central; or
      2. Le Fashion Central’s right to disperse funds as it sees fit in circumstances of a dispute (clause 10 of Part A);
    9. any additional terms and conditions relating to a Listing or quote provided via the Platform are solely between you and the Customer and do not involve Le Fashion Central in any way, except that they must not be inconsistent with either party’s obligations under this agreement; and
    10. Le Fashion Central will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Listing, and the Seller must take steps to independently verify the accuracy and reliability of such content.
    1. PACKAGES & FEES 
      1. To post a Listing, you must purchase a package that will allow you to post a certain number of Listings within a given time period (Listing Package). Each Listing Package will have different fees as set out on our Platform, and you must pay these fees every time you purchase a Listing Package (Listing Fees).
      2. Le Fashion Central may offer a Listing Package, currently called a “VIP Seller”, whereby you authorise Le Fashion Central to sell the Goods on your behalf, including creating the contents of a Listing and liaising with potential Customers. It Only Wore It Once will retain a percentage of the sale amount as the fee for this service. For clarity, Le Fashion Central makes no guarantees that the Goods will be sold for a particular price or in a particular timeframe.
      3. We reserve the right to change the Listing Packages and the Listing Fees from time to time, and you must check our Platform for the most updated information on our Listing Packages and Listing Fees.
      4. Once a Customer accepts a Listing on the Platform, the Customer will be prompted to pay the Quoted Amount to you via the Third Party Payment Platform.
      5. After the Third Party Payment Platform receives payment from the Customer, we will use our best endeavours to ensure that the Third Party Payment Platform transfers the Quoted Amount to you within a reasonable time.
      6. You will be responsible for any fee payable for the transaction to the Third Party Payment Platform.
      7. The Third Party Payment Platform may hold the Quoted Amount for a reasonable period after receiving it from a Customer. For the purposes of this clause, you understand and agree that 14 days is a reasonable period. Le Fashion Central reserves the right to have the Third Party Payment Platform hold the Quoted Amount and disperse this amount, along with other amounts, to the Seller in a bulk monthly payment.
      8. Sellers may request the Quoted Amount be paid to them earlier, by providing evidence that the relevant Good has been dispatched to the relevant Customer. We may approve such requests, at our absolute discretion, and we may require Sellers to pay additional fees in consideration for such approval.
    2. REFUNDS & CANCELLATIONS
      1. Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Listing before you have fulfilled the requirements of the Listing that a Customer has agreed to, you must contact us using the Platform’s functionality, including providing details as to why you are cancelling. If Le Fashion Central decides to investigate your request, you must provide assistance and information to Le Fashion Central as reasonably requested.
      2. You must ensure that your cancellation policy and refund policy, in relation to your Listings, are in compliance with all applicable laws.
      3. If we accept your request to cancel a Listing already accepted by a Customer, we may take one or more of the following actions:
        1. cancel your Account or membership with Le Fashion Central;
        2. refund the Quoted Amount to the relevant Customer; or
        3. require that you pay all or part of the Quoted Amount refunded to the Customer and issue you an invoice for that amount.
      4. You agree to honour and comply with the process set out in this clause 4 in the event of a pricing error on the Platform.
    3. BYPASSING
      1. You agree that while you are a Seller on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
      2. Le Fashion Central may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.
    4. BINDING CONTRACT

    You agree that when a Customer accepts a Listing, this constitutes a binding contract between you and that Customer, where you will provide the Customer with the Goods in the Listing they accepted in exchange for your receipt of the Quoted Amount. A contract is formed in this respect when the Customer responds to the Listing on the Platform confirming that they accept the Seller’s offer.

    1. WARRANTIES

    By listing yourself as a Seller on the Platform and posting a Listing, you represent and warrant that:

    1. you are able to provide the Goods as specified in the Listing; and
    2. you will provide the relevant Goods to Customers in compliance with all applicable laws.
    1. Customers
    1. LISTINGS AND FEES

    You acknowledge and agree that:

    1. if you accept a Listing, that will constitute your entry into a contract with the Seller;
    2. for each Listing you respond to, you must pay the Quoted Amount, which will be debited from your Account;
    3. Le Fashion Central does not retain any service fee from you for using the Platform or accepting a Listing (other than any service fees owed to our Third Party Payment Platform); and
    4. any terms and conditions relating to Goods or a quote provided via the Platform are solely between you and the Seller and do not involve Le Fashion Central in any way, except that they must not be inconsistent with either party’s obligations under this agreement.
    1. PAYMENT
      1. (Payment obligations) Unless otherwise agreed in writing with the Seller you must pay for all Goods specified in a Listing prior to the Seller providing those Goods.
      2. (Card surcharges) Le Fashion Central reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
      3.  (Release) You agree to release Le Fashion Central and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.
      4. (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Seller, you will then have the option of purchasing the relevant Goods at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
    2. DISCLAIMER ON LISTINGS
      1. Le Fashion Central accepts no responsibility for any Listing and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, completeness or authenticity of any Goods in a Listing. 
      2. If you intend to accept a Listing for the purchase of Goods where the Seller represents that the Goods are designer items, you acknowledge and agree that:
        1. Le Fashion Central does not warrant or guarantee to screen every Listing for the authenticity of any Goods;
        2. you are responsible for making your own enquiries and assessments and communicating with the Seller as to the authenticity of the Goods prior to accepting the Listing; and 
        3. you release Le Fashion Central in respect of any loss suffered by any person as a result of any fake or imitation designer items you purchase on the Platform. 
    3. CANCELLATIONS 
      1. Le Fashion Central will have no liability or obligation to you if a Seller cancels a Listing at any time after you have accepted it and you will not be entitled to any compensation from Le Fashion Central.
      2. If you wish to cancel a Good before the Seller has fulfilled the requirements specified in the relevant Listing, you must contact the Seller. If Le Fashion Central decides to investigate your cancellation, you must provide assistance and information to Le Fashion Central as reasonably requested.
      3. If you cancel a Good, whether the Quoted Amount paid to the Seller is refundable to you in respect of that Good will depend on the cancellation policy and refund policy of the Seller.
    4. LINKED BUSINESSES

    You acknowledge and agree that:

    1. unless expressly stated otherwise, the Platform provides links and introductions to Sellers owned and operated by third parties that are not under the control of Le Fashion Central;
    2. the provision by Le Fashion Central of introductions to Sellers does not imply any endorsement or recommendation by Le Fashion Central of any Seller; 
    3. Le Fashion Central does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
    4. any terms and conditions relating to a good or service, Listing or quote provided via the Platform constitute a contract between you and the Seller and do not involve Le Fashion Central in any way.
    1. COMMUNICATION OUTSIDE THE PLATFORM
      1. You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform (except in the course of accepting the Seller’s goods).
      2. Le Fashion Central, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.