The following terms and conditions under this Service Agreement
(“Agreement”) are stipulated to promote open, transparent and responsible
modern business practices, and safeguard the legal rights of MOSTLY MELBOURNE
customers as well as the orderly operations of MOSTLY MELBOURNE.
2. The terms and conditions are designed
to enhance or limit the basicrights and responsibilities of MOSTLY MELBOURNE
3. Certification and penalty of any
deviance shall base on facts and be executed strictly according to the terms,
which are fair and equal for all MOSTLY MELBOURNE customers without exception.
4. All MOSTLY MELBOURNE customers must
obey the state and local laws wherever a transaction with MOSTLY MELBOURNE
takes places. Any act that deviates from the laws and the Agreement shall be
corrected accordingly. If it is not stipulated under the Agreement, MOSTLY
MELBOURNE shall exercise its right to determine the appropriate course of
actions within the laws of applicable country and locality.
MOSTLY MELBOURNE customer agrees to follow all terms and conditions in relevant
agreements MOSTLY MELBOURNE has established with its business partners and
associates in conducting trades and transactions.
MOSTLY MELBOURNE reserves the right to make amendments on the Agreement at any
time with announcement on its Website. Should an individual disagree with the
changes, he/she shall immediately cease using the services or products provided
by MOSTLY MELBOURNE.
MOSTLY MELBOURNE shall unilaterally certify any deviant act displayed by a
customer and take necessary measure(s) to remedy the situation.
MOSTLY MELBOURNE (www.MOSTLYMELBOURNE.com)
is the online buy-and-sell platform that includes the websites: www.MOSTLYMELBOURNE.com.
2. Customer is a user of MOSTLY MELBOURNE’s
services who is fully legally responsible of his/her own acts.
3. Member is a customer who has signed
the Agreement with MOSTLY MELBOURNE undertheproper registration process. A
Member may own more than one Account with MOSTLY MELBOURNE under a same user
4. Buyer is an individual who browses
and/or purchase MOSTLY MELBOURNE products online.
5. Seller is an entity (person or firm)
who displays merchandise on MOSTLY MELBOURNE Website.
6. Bid indicates the act of a Buyer
who clicks and commits to make a purchase of merchandise advertised on MOSTLY
7. Transaction is a completed Bid on a product
offered by a Seller with full payment by the Buyer on MOSTLY MELBOURNE Website.
8. Available Quantity is the sum of a single product
that is available for sale and in inventory on MOSTLY MELBOURNE Website.
9. Blocked Store indicates a penalty imposed on
Member’s online Store or product(s) to cease any further search by customers or
use of services.
10. Prohibition on Merchandise Display is a penalty on a Member that
depletes his/her right to display merchandise for sale on MOSTLY MELBOURNE
11. Prohibition on Onsite Messaging is a penalty that prohibits a
specific Member from using the messaging service on MOSTLY MELBOURNE Website.
12. Prohibition on Purchasing is to penalize a misbehaved
Buyer from future purchase on MOSTLY MELBOURNE Website.
13. Closed Store is a Store being closed by MOSTLY
MELBOURNE due to its misconduct to stop all sales of merchandise in stock and
rebuilding new store on MOSTLY MELBOURNE Website.
14. Terminated Account is a penalty placed on an
Account that has been certified to be fraudulent and will be permanently
removed as a Member.
15. Completed Transaction indicates a satisfactory
exchange of merchandise and payment through bank or PayPal account between a
Buyer and a Seller.
16. Merchandise Removed from Shelf is a for-sale product being
moved to the online Warehouse by either MOSTLY MELBOURNE or the Seller.
17. Free Shipping means that an advertised
product for sale is priced to include shipping cost.
No names of Member, Store at MOSTLY MELBOURNE, and website URL
shall contain anything that is illegal, may infringe rights of others, or
interrupts MOSTLY MELBOURNE’s operations.
Once registered, a Member’s name may not be altered without MOSTLY MELBOURNE’s
MOSTLY MELBOURNE reserves the right to retrieve any submitted membership
application that has failed the required verification and/or having not logged
on to MOSTLY MELBOURNE Website for more than a year.
2. A verified Store with merchandise
display(s) cannot cancel its Account until all transactions are completed with
no existing refund, unresolved after-sale services or dispute.
All Sellers must first be verified by submitting true name and
address or company information registered in Australia before opening a Store
on MOSTLY MELBOURNE Website.
One Member can own no more than one MOSTLY MELBOURNE Account to display and
2. Account that has successfully been
verified by MOSTLY MELBOURNE shall establish a Store on the Website prior to
engaging in sales of merchandise or trades.
Quantity of merchandise for sale as displayed by the Store is constrained
The limitation set forth by MOSTLY MELBOURNE based on the product category the
Store intends to sell as well as Member’s credit score;
3. Truthful Product Description is an essential requirement for
a Store to truthfully depict its products for sale on the web pages and other
venues MOSTLY MELBOURNE provides. Product descriptions include classification,
quality, existing defects, etc. of the merchandise.
Seller must also warrant his/her products, within a reasonable time, be
functional on applications and standards as described on the product and/or
label, and be free of any potential harms to human and damage to property.
3. Time Limitations
A sale is terminated if the Buyer fails to pay in three (3) days
after a completed Bid or accepting Seller’s final offer.
2. After a refund requested by Buyer,
the procedure(s) to be followed may include:
(a) If the Buyer has already received the merchandise, he/she shall submit a
formal request for return with a refund request number, and the Seller shall
refund promptly upon receipt of returned merchandise;
(b) If the Seller agrees to refund without returning of purchased product, the
Seller shall make the refund immediately;
(c) If a Seller refuses to refund after negotiation between the Buyer and the
Seller, the Buyer may present the evidence and request MOSTLY MELBOURNE’s
investigation for settlement.
4. Evaluation (Performance Rating)
Within fifteen (15) days after a completed Transaction, both
Buyer and Seller may rate each other’s performance. For credit or reliability,
a good rating will upgrade the score on the involved Member(s).A four-star
rating is delegated to a good Buyer.
2. MOSTLY MELBOURNE reserves the right
to delete any defamatory, illicit, derogatory or untruthful comments in any
3. MOSTLY MELBOURNE reserves the right
to delete any offensive or demeaning evaluation.
Penalty on Deviance and Unlawful Conducts
Deviance includes any act that may cause harms or damages to the
rights of our customers, suppliers, Members or MOSTLY MELBOURNE, or are against
Deviance, either serious or minor negligence, committed by a Member must be
2. It may involve the following actions
in order to correct misconduct:
(a) MOSTLY MELBOURNE shall delete any prohibited information as soon as
(b) MOSTLY MELBOURNE shall remove any product, and delete any information that
infringes upon the intellectual property of others, along with all products and/or
performance evaluations related to such products and information;
(c) MOSTLY MELBOURNE shall recover any Account that was stolen, and allow the
original owner to retrieve the Account through proper procedure;
(d) MOSTLY MELBOURNE shall delete any private information leaked by a Member
without owner’s consent;
(e) MOSTLY MELBOURNE shall delete all information that was used to defraud
(f) MOSTLY MELBOURNE shall delete any spam, and remove the involved merchandise
and information or close the Stores with low credit ratings that sell an
(g) MOSTLY MELBOURNE shall delete the credit score a Member gained by
fraudulent transaction plus twice of it from the Member’s record, and remove
all products on the Store shelf; any data on sales volume on a specific product
generated from such act shall be deducted from the Member’s record;
(h) MOSTLY MELBOURNE shall delete any derogative evaluation;
(i) MOSTLY MELBOURNE shall remove all accounts in large number registered by
using software or robotic procedures;
(j) MOSTLY MELBOURNE shall enforce all Accounts to be legally registered in
Australia and maintained current on company information.
3. Serious deviance includes damage to MOSTLY
MELBOURNE’s operations and acts against the laws and regulations.
Penalty on serious deviance may include blocking the Store, limiting product
display, disallowing opening of new stores, restricting messaging on MOSTLY
MELBOURNE Website; repeat violators shall be permanently removed from the
4. General deviance includes all
misconducts that are not considered Serious Deviance, repeat violators may be
penalized by blocking the Store and limiting product displays.
Any Buyer engaged in derogative feedback or bidding without intent to buy shall
be restricted on future buying.
5. After correcting a mistake or
wrongdoing and fulfilling imposed penalty, a penalized Member may resume
regular service provided by MOSTLY MELBOURNE.
2. Serious Deviance
Any unlawful information dissemination is considered Serious
2. Intellectual property infringement
(a) Selling counterfeit items with positive certification of high
(b) Selling counterfeit items with positive certification;
(c) Any product, information, or name of Store or Member displayed on MOSTLY
MELBOURNE Website that is suspected to infringe upon the rights of and notified
to MOSTLY MELBOURNE by the owner. The case shall be vigorously investigated.
Such complaints filed by a same plaintiff within three (3) days are considered
as one single case.
3. Using an MOSTLY MELBOURNE Account
without consent of its owner is considered an act of thief.
4. Disclosing or transferring information
of others without permission is considered an act of intrusion of privacy.
5. Gaining profit by taking property
from other person or entity without permission is considered an act of thief.
3. General Deviance
Disseminating information or displaying merchandise without
following the terms and conditions stipulated in the Agreement that may
jeopardize normal and effective procurements by Buyers may include behaviors
(a) Selling more than one identical product simultaneously in a Store;
(b) Having more than one Store selling an identical product;
(c) Lacking title and photo of merchandise or actual picture of apparel
(d) Inconsistency on basic product information regarding title, photo, price,
shipping/handling, postage, and after-sale services;
(e) Showing untruthful or irreverent title and product information;
(f) Using erroneous product under declared merchandise category or
(g) Displaying misleading credit symbol or performance icon;
(h) Delaying shipment more than 72 hours as promised on the Website. Shipping
time is based on carrier’s record. Any delay beyond 10% over deadline is
considered a serious violation.
2. Any untruthful transaction to boost
credit rating and/or sales volume of a Store is considered fraudulent which may
ill-affect the effective trading on the Website. They include:
(a) Credit scores generated from any fraudulent transaction, and
(b) Store’s sales volume on MOSTLY MELBOURNE Website created by fraudulent
3. When a product received by a Buyer
does not match the Seller’s description as it appeared at time of a completed
Bid is deemed inaccurate that can cause dissatisfaction by the Buyer. Such information
may include the existing defect(s), warranty, attachments to the merchandise,
4. Bidding successfully on a product but
refusing to pay the agreed upon price by a Buyer is an act that harms the
Seller’s rights in a trading.
5. Any submitted evaluation rating below
medium or low by a Buyer or a competitor with an intention to gain unfair
financial return or other advantage is derogatory.
6. Any disrupting act by a Seller during
or after a transaction can decrease a Buyer’s satisfaction and interfere his/her
rights, and is considering harassment.
7. Any membership registrations in large
number designed by applying software or robotic procedures interferes MOSTLY
MELBOURNE Website’s normal operations that is unlawful and not permitted.
8. If, within the time frame allowed by MOSTLY
MELBOURNE, a Seller fails to verify or renew its company registration in
Australia shall not be accepted for formal Store registration on the Website.