1. 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 customers.
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.
1. 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 name.
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 MELBOURNE Website.
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 Website.
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.
1. 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 written consent.
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.
1. 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 sell merchandise.
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 by:
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
1. 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)
1. 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 submitted evaluation.
3. MOSTLY MELBOURNE reserves the right to delete any offensive or demeaning evaluation.
1. Penalty on Deviance and Unlawful Conducts
1. Deviance includes any act that may cause harms or damages to the rights of our customers, suppliers, Members or MOSTLY MELBOURNE, or are against the laws.
Deviance, either serious or minor negligence, committed by a Member must be corrected.
2. It may involve the following actions in order to correct misconduct:
(a) MOSTLY MELBOURNE shall delete any prohibited information as soon as possible;
(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 consumers;
(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 identical product;
(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 Website.
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
1. Any unlawful information dissemination is considered Serious Deviance.
2. Intellectual property infringement includes:
(a) Selling counterfeit items with positive certification of high severity;
(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
1. 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 such as:
(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 underproduct description;
(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 classification;
(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 transaction.
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, etc.
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.