Millinery Market Terms of Use

Field Fashion Australia Pty Ltd (ABN 88614235737) trading as Millinery Market provides an online marketplace that helps connect people who are looking to rent or buy new or used millinery and accessories with owners who are able to provide such millinery and accessories for purchase or hire in exchange for a fee.

This Service is intended solely for people eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. 

If you continue to browse and use this site (www.millinerymarket.com), you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy, govern Millinery Market’s relationship with you in relation to your use of this site.

By using this site, you signify your acceptance of these terms of use. For the purposes of these terms of use, “Us”, “Our” and “We” refers to Millinery Market and “You” and “Your” refers to you, the customer, visitor, website user or person using our site.

Introductory Service Only

Millinery Market is an online introductory platform only. Any arrangement between a customer and owner is solely between the customer and owner. Millinery Market has no control over the conduct of customers, owners or any other user and disclaims all liability in this regard.

Account Registration and Cancellation

Each user is permitted to create one account including a profile. When creating an account, users are required to provide their name, email address, location, username and password. It is the user’s responsibility to keep their account password safe. The user is responsible for all activity on their account, including any purchases made. Millinery Market reserves the right to remove or disable access to any account or profile that we consider to be in violation with these terms or harmful to the site or community. 

If a user wishes to cancel their account, they can delete it at any time from within their account settings. When a user deletes their account, their personal information will be deleted permanently and all listings they have created will be removed. Information where other members are involved (conversations with other people, transactions they’ve made, reviews they've given to others, etc.) is not removed when a user deletes their account, however, their name will no longer be displayed next to this information.

End User License

Subject to the terms and conditions of this Agreement, Millinery Market grants the user a non-exclusive, limited, non-transferable, freely revocable, license to use our services. Millinery Market may terminate this license at any time for any reason or no reason.

Posting a Product Listing

Owners may create a listing on the site to advertise their new or used hat and accessories for sale or rent. Owners must create a separate listing for each hat or accessory. The minimum rental period is one week.

Each listing requires the following information: whether it is for sale or rent, listing title, price, currency, delivery method, description, terms of hire/sale, condition, colour, hat shape, location, image, name of milliner who made the hat and the hat's retail value. Users may also optionally include hat features/construction.

Under the ‘terms of hire/sale’ field, owners must choose flexible, moderate or strict terms from the dropdown menu. These standard terms state the listing's cancellation policy, refund policy, minor damage fees, major damage/replacement fees and late return fees. When a customer makes an order, they accept the terms of hire/sale set out by the owner on the relevant listing.

Users must not post content or photos that infringes or violates third party’s copyright, trademark or other intellectual property rights. The user is solely responsible for all user content and intellectual property that it makes available on the site.

Owners must provide true, accurate and complete information in their product listings.  All hats and accessories must be in a good, wearable condition and any defects must be clearly noted in the description with accompanying photos showing any defects.

Milliners are welcome to list hats that are also listed on their own website provided (a) the listing price is the same as the price advertised on their own website, and (b) the product description does not include website links encouraging the customer to complete the purchase on their own website. 

The total number of hats listed for rent will be capped to ensure no more than 20 hats produced by a single milliner are listed for rent on Millinery Market. This is to limit potential adverse impacts on a milliner's business. Where a milliner lists their own hats for rent, these listings will be given priority in the 20 hat listing limit (e.g. if a milliner has 8 of their hats listed for rent, there can be up to 12 non-milliner hats listed for rent). There is no cap applied to milliners renting out hats. Where the number of hats exceeds the 20 hat limit, Millinery Market will assess hats based on listing quality, value and past performance and close hat listings as required. 

Payment System

It is free for users to register an account, view listings, post listings and use the site.

When customers place an order to rent or buy an item, they are charged upfront at the time of booking/purchase. Customers can pay with all major credit cards (Visa, Mastercard, Amex). The payment currency is displayed on the product listing.

Millinery Market uses Stripe as our payment provider. To become a seller and accept payments directly into a bank account, owners need to add their bank account details in their profile settings. 

Upon successful selling or lending of an owner's hat, Millinery Market charges the following service fee: 

All payments must be cashless and processed through Millinery Market's payment gateway. This ensures payments are processed securely and allows Millinery Market to mediate and monitor transactions. It also ensures lenders are eligible for Millinery Market's Lender's Protection. Transacting outside of Millinery Market including communication and payments is a violation of this terms of use agreement and will result in offending users being banned from the platform.

All payments made are final and the user cannot cancel their purchase for any reason except where action is taken under the refund policy below. Where a user fails to pay, Millinery Market may pass on the user’s information for collection or legal action.

Millinery Market’s service fee and payment policy may be amended from time to time at its sole discretion.

Delivery of Millinery and Accessories

Millinery Market is not involved in the delivery of the item from the owner to the customer, or from the customer to the owner. It is the user’s responsibility to ensure the item is received and sent according to the booking/order.

When placing an order, customers have the option to leave a message for the owner. In this message box, customers should list the date they would like to receive the item and the date they would like to return post the item (if applicable). The owner must agree to the customer’s proposed dates prior to accepting the booking/order.

Owners must ensure items are delivered to the customer on or before the agreed date taking into account the varying shipping times to different locations. For rental items, owners must allow enough time between bookings for return shipping and forward shipping with sufficient contingency. Unless otherwise agreed, if the customer receives the item late resulting in them not being able to wear it to their race day or other event, the customer is eligible for a full refund including return postage costs from the owner.

Owners must ensure their items are suitably packaged to minimise the risk of damage during transport. This may include a sturdy box and void fill material such as foam peanuts to prevent movement inside the box.

Customers who are renting an item must ensure they return post the hat on or before the agreed return postage date. If the customer is not able to post the hat by the return postage date, they must notify the owner immediately. A late return fee may be payable depending on the owner’s terms of hire as shown on the relevant listing.

Customers who are renting an item must arrange and pay for the return postage. Customers must carefully pack the millinery for return postage using the same box and packaging materials that the hat came in to prevent damage during transport.

Ownership and Risk

If a customer buys a hat or accessory, ownership of the item will not pass to the customer until the customer has received the item and the owner has received the payment. For rentals, ownership of the item remains with the owner at all times.

If a customer rents an item, the customer agrees that they will assume all risk for the item including theft, damage and replacement starting from the time when the customer receives the item to the time when the owner receives their item back.

The owner assumes the risk of loss or damage when the item is in transit from the owner to the customer. The customer assumes the risk of loss or damage when the item is in transit from the customer to the owner. Users are encouraged to get parcel tracking and insurance coverage to mitigate the risk of loss or damage during transport.

Lender's Protection

To reduce the risk of lending someone a hat or accessory, Millinery Market provides 'Lender's Protection'.

During a rental period, if the lender's hat or accessory is stolen, not returned or damaged beyond repair and the lender is unable to recover the replacement fee from the renter, Millinery Market will cover the lender for 3 times the weekly rental rate up to the following maximum coverage amount depending on listing currency: AU $200, NZ $200, US $150, €120, £120. This is in addition to the original rental fee that the lender would have received from the renter. 

Lenders must contact Millinery Market immediately with details of the incident. The offending user may be banned from the platform and reported to the relevant authorities.

Lenders who submit a claim for a hat or accessory that is damaged beyond repair (a complete write-off) are required to email photos of the damaged item to Millinery Market. If a claim is approved, Millinery Market reserves the right to take ownership of the damaged item, and may request the lender to post the item to Millinery Market. The postage costs for mailing a damaged item will be covered by Millinery Market.

Minor damage, or other damage that is repairable, is not covered under Millinery Market Lender's Protection.

All lenders are eligible for Lender's Protection provided they receive payment through the platform and communicate about the order through the platform. 

The Millinery Market Lender's Protection may be amended or discontinued at any time for any reason or no reason.

Reviews and Ratings

Reviews and ratings are an important part of Millinery Market, as it helps to build trust between users.

Users are prompted to rate and review the other party automatically after each paid transaction. After a transaction is completed, both the customer and owner can review each other. A review consists of a 5 star rating and a free-form text comment.

Users can choose to not review the other party. However, they can't refuse a review from the other party after a completed transaction. Reviews are visible to everyone on each user's profile page. A seller's rating (average star rating and number of ratings) is also shown on each listing page.

Each user must provide true, fair and objective information in their review. Millinery Market does not review each review made by a user and is not responsible for the content of any reviews.

Users are requested to notify Millinery Market if they believe a review isn’t appropriate. If Millinery Market finds a review to be unfair, inappropriate or offensive, we may delete the review or ban the user from posting reviews.

Refund Policy

Any cancellation, return or refund of a hat or accessory is strictly a matter between the customer and owner. The terms and conditions agreed to by the customer and owner are stated under the ‘terms of hire/sale’ field of the product listing as stated in the ‘Posting a Product Listing’ section above.

As stated in the ‘Delivery of Millinery and Accessories’ section above, unless otherwise agreed, if the customer receives the rental hat late resulting in them not being able to wear it to their race day or other event, the customer is eligible for a full refund including return postage costs from the owner.

Owners receive payment directly into their bank account after a booking is made. Owner's who wish to issue a refund need to email Millinery Market and we will organise the refund through the Stripe admin dashboard. If a full refund is required, we will also refund our service fee to the customer. 

Dispute Resolution

By using this site, each user agrees that any legal remedy that a user may seek to obtain due to the actions or omissions of an owner, customer or other user, shall be limited to a claim against that owner, customer or other user who caused them harm.

If a user has a complaint about Millinery Market, they must tell us in writing the nature of their complaint. We will respond and provide a proposed solution within fourteen (14) days. If the user isn’t satisfied with our proposed solution, the user and Millinery Market agree to meet in person or via phone to try and resolve the issue by agreement. If both parties cannot agree on a solution, the matter will be referred to a mutually agreed mediator.

This agreement and site are subject to the laws of Queensland and Australia. If there is a dispute that results in litigation, then it must be submitted to the jurisdiction of the courts of Queensland.

Limitation of Liability

Millinery Market accepts no responsibility for and makes no warranties as to the reliability, accuracy or completeness of the information on this site. Millinery Market disclaims all liability related to customers, owners, user profiles and product listings. Millinery Market is not legally responsible for any loss or damage you might suffer related to your use of the site. Each customer and owner who uses the site and the services does so at their own risk.

It is the user’s responsibility to ensure that any product listings, services or information available through this website meets their specific, personal requirements. Users acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

In no event shall Millinery Market be liable to users for any claims in an amount exceeding the greater of either (a) the amounts paid by the user to Millinery Market in the twelve (12) month period prior to the event giving rise to the liability, or (b) one hundred dollars (AU $100).  The limitations of damages set forth above are fundamental elements of the basis of the bargain between Millinery Market and the user.  This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, equity or any other basis.

Indemnity

Each user agrees to defend, indemnify and hold harmless Millinery Market (and it’s parent, directors, employees and agents) against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including attorney’s fees) arising from the user’s use of and access to the services; any claim arising from the user’s content or any content submitted via the user’s account; any violation by the user of any term of this agreement; any violation by the user of any laws, rules or regulations or the violation of any third party right.

Intellectual Property & Copyright Complaints

This site contains material which is owned by or licensed to Millinery Market. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited without the prior written permission of Millinery Market or the intellectual property owner.

Users can publish and post information, images and content to the site. By making available any user content or intellectual property, the user grants Millinery Market a worldwide, non-exclusive, royalty-free, transferable license to use, edit, modify, reproduce, store, and prepare derivative works of user content on the site or to promote Millinery Market.

Users agree that they are solely responsible for all user content that they make available on the site. Accordingly, users warrant that (a) they are either the exclusive owner of the user content or have the rights or consents necessary to grant Millinery Market a license as described above; and (b) the user content will not violate third party copyright, trademark or intellectual property rights or violate any applicable laws or regulation.

If you believe, in good faith, that any materials provided on or in connection with the Millinery Market platform infringe upon your copyright or other intellectual property right, please send the following information to our Copyright Agent: Milano Imai, P.O. Box 5639, Q Supercentre, Gold Coast, QLD, 4218 or hello@millinerymarket.com:

• A physical or electronic signature of the copyright owner (or someone authorised to act on behalf of the owner).
  
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address and phone number.
• A statement that the complaining party has a good faith belief that the use of the material is unauthorised by the copyright owner.
• A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorised to act on behalf of the copyright owner.
  

Disclaimers

Millinery Market does not perform any type of background checks on owners or customers, or confirm the accuracy of any user profiles or listings. We also don’t check the suitability or condition of the listed items. Customers and owners use the site at their own risk.

To the fullest extent permitted by law, Millinery Market absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for purpose. Millinery Market gives no warranty that the contents, hats or services will be free of errors, or that defects will be corrected, or that our site or its server is free of viruses or any other harmful components.

For any questions or enquiries, please contact:

Field Fashion Australia Pty Ltd (ABN 88614235737) trading as Millinery Market

P.O. Box 5639, Q Supercentre,

Gold Coast, QLD, 4218

Email: hello@millinerymarket.com

These terms were last updated on 30th April 2020.