Terms & Conditions
Terms Of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.
The Secondhand Sisters Pty Ltd is an apparel resale marketplace, offering a convenient option for shopping and selling quality secondhand women’s clothing, men's clothing, children’s clothing, shoes and accessories. The following Terms of Use constitute a legally binding agreement (the “Terms”) between you and The Secondhand Sisters Pty Ltd and its affiliates (“The Secondhand Sisters Pty Ltd,” “we,” “us” or”our”) governing your use of our website(s), mobile applications, stores and other services or content available through the foregoing (collectively, the “Services”). You also agree to and accept our Seller Terms and Privacy Policy, which describes how we use the information you provide The Secondhand Sisters Pty Ltd. The Seller Terms and Privacy Policy are both incorporated into these Terms by reference.
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Please read these terms of use carefully. By creating an account, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) . If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any products.
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These terms govern how claims you and The Secondhand Sisters Pty Ltd have against each other can be brought and will require you to submit claims you have against The Secondhand Sisters Pty Ltd to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.
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What this really means...
By using our service you agree and understand our conditions, you are of legal age and you represent yourself and not others. You also agree how we resolve claims.
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Privacy & Data
The Secondhand Sisters Pty Ltd operates one or more websites and related mobile applications where the Services can be accessed (collectively, the “Website”). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed by the Company. Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in these Terms of Use. You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website.
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What this really means...
All the information on the website is owned by us and you can't mess it up or take ownership of it.
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Registration
In order to use the Services, you must register an account with The Secondhand Sisters Pty Ltd directly or through an authorized third party service (each, a “TPS”) such as Amazon or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your The Secondhand Sisters Pty Ltd account.
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Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and The Secondhand Sisters Pty Ltd shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.
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If you choose to register an account with the Services (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.
You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Secondhand Sisters Pty Ltd reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
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No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.
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What this really means...
If you access our website by other apps like Instagram or Facebook we need to pass your login details to them so you can login to our website.
You also have to provide accurate and correct information so you can't make up names or details. You are responsible for your account and password, so don't share it with others.
We can cancel your account if we need to.
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Purchases
In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If you choose to use a third party payment service offered by The Secondhand Sisters Pty Ltd, such as PayPal, you are subject to their terms of use and privacy policies.
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Our inventory availability and listing prices are subject to change at any time without notice. In order to maximize the selection of items available for sale, The Secondhand Sisters Pty Ltd reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, The Secondhand Sisters Pty Ltd reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.
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To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Please note that only one account per delivery address may be eligible for promotional codes and discounts, including, but not limited to new customer and first-time purchase promotions. Except as otherwise stated, all prices are quoted in Australian Dollars and all promotions may be limited to Australian customers.
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Except as otherwise stated, the risk of loss for all products you order passes to you upon our delivery to the carrier (such as Australia Post, Sendle, etc.).
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What this really means...
You need to tell us your payment method of credit card or Paypal only and you must actually pay before we ship anything. You must follow the polices of your credit card company or Paypal.
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Our inventory and the price of items can change at anytime. If we made a mistake we have the right to change it to be accurate.
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We can cancel any promotion, coupon or discount at anytime for whatever reason.
You can only use a promotion code once and can't give it to someone else.
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We don't accept any other currency than Australian, We operate in Australia and so duhh.. everything is in Australian currency.
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Once we deliver the item to our delivery carrier it's not our responsibility, but don't worry we will help you as best as we can.
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Return/Refund Policy "The Real Deal Refund"
We have two types of refunds that are in line with the Australian Competition and Consumer Commission (ACCC) guidelines :
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1. Refund of purchase in form of Secondhand Sisters Store Credit in the form of a Coupon
2. Full refund payable to your form of payment used.
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1. Refund of purchase in form of Secondhand Sisters Store Credit in the form of a Coupon
We at the Secondhand Sisters understand when a product doesn't fit or you change your mind you would like a full refund, however the ACCC guidelines states that these are not reasons to be entitled to a full refund. Companies give full refunds for these reasons simply to gain consumer loyalty. Now we want you to be a loyal
consumer to us but due to the nature of second hand items this is not possible. So we give you Secondhand Sisters Store Credit in the form of a Coupon for you to use on another product.
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So here is how it works with us. If the product doesn't fit or you change your mind we want to make you happy with another pre-loved product. You are required to ship the item to us at your cost, once we receive the item we will then give you Store Credit in the form of a Coupon for you the original price that you paid, for you to use at anytime. Once you receive the Coupon for the amount you paid just simply find a product you want and we will ship to you immediately.
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Except as otherwise stated, you have 14 days after receiving your order to decide if you want to keep or return your items. After 14 days we reserve the right deny the return claim.
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Please note that we will only offer a refund for items if they are returned to The Secondhand Sisters Pty Ltd on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your return claim will be forfeited.
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2. Full refund payable to your form of payment used.
Under the ACCC guidelines if the product has a "minor" or "major" issue the purchaser is entitled to a full refund. If we determine that the product has a minor or major issue we will refund the full amount you paid back to the form of payment you originally used. Please see the ACCC's website for what defines an entitlement for a full refund.
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So here is how it works with us. If you believe a product has a minor or major issue contact us and send us photos of the product, we will then determine if the claim is valid. If it is valid we will send you a Return Postage Label (at no cost to you), then you send the product back to us and once we receive the product we will then refund you fully to the form of payment you originally used.
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Why are these our policies? Here is our reasons:
There is no thing as "Free Shipping", Free Shipping is paid by the company that sells you the product. We pay for the shipping to you, if you want a refund we have to pay for the shipping back to us. This sometimes means that the shipping costs become more than the original product price. Also remember that we give 10% of that original price to charities. We also believe that all our pre-loved products deserve a good home, so it's not all about the financial liability. Remember because the product is secondhand the item is sold as "As Is".
We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our Customer Service by email at info@thesecondhandsisters.com.au so that we can help you resolve the issue.
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What this really means...
You have 14 days including weekends and public holidays to get a full refund. The 14 days begin when we receive notification from our delivery carrier that you have received your parcel. After 14 days all sales are final.
You get the refund back the same way you paid. We pay the return shipping fee.
If you are not happy about this policy just let us know.
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Products
While we attempt to be as accurate as possible, The Secondhand Sisters Pty Ltd does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. If a product offered by The Secondhand Sisters Pty Ltd is not as described, your sole remedy is to return it in unused condition.
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Authenticity
The Secondhand Sisters Pty Ltd prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. The Secondhand Sisters Pty Ltd authentication process is in-house and if The Secondhand Sisters Pty Ltd cannot verify the authenticity of an item in your Clean Out Kit or it does not meet the authenticity standard, it will not be listed regardless of its condition and The Secondhand Sisters Pty Ltd reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws.
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Brands sold on the Website are not partnered or affiliated with The Secondhand Sisters Pty Ltd in any manner. However, The Secondhand Sisters Pty Ltd fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.
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What this really means...
We try our best to be accurate about our stuff, however we are human and everyone can make a mistake. If we make the mistake we will completely fix it.
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We hate fake stuff and we don't support any illegal activity so we work hard to make sure everything is the real deal. We are not partnered up with anyone but if something is not suss we let the brand company know if need be.
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Rescue Boxes
The Secondhand Sisters Pty Ltd has traditionally sold unaccepted items to third-party textile recyclers. Rescues is a new service by The Secondhand Sisters Pty Ltd offering bundled apparel, including previously unsold or unaccepted apparel for sale which has been determined by The Secondhand Sisters Pty Ltd to be non-functional, have cosmetic defects or was otherwise not accepted pursuant to our normal clothing processing standards. Unless otherwise stated, Rescues items are final sale, non-refundable, and non-returnable.
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What this really means...
We are trying to reduce landfill by offering a box of clothes real cheap. The items may have been unsold or don't quite meet our high standards. Rescue Boxes are non-refundable and non returnable, so be sure when you order.
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Services Access
App Stores. With respect to any mobile application (each, an “App”) accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them.
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Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Use, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
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What this really means...
If you access an app other than from our website you are accepting the conditions of their company and if there are any costs you pay for them. We are not responsible for their app.
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Copyright
You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Secondhand Sisters Pty Ltd you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of The Secondhand Sisters Pty Ltd, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, or otherwise transfer any right in the Services (including the Software). Any rights not expressly granted herein are reserved by The Secondhand Sisters Pty Ltd.
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These and any other The Secondhand Sisters Pty Ltd product or service names or slogans displayed through the Services are trademarks of The Secondhand Sisters Pty Ltd. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of The Secondhand Sisters Pty Ltd is the service mark, trademark and/or trade dress of The Secondhand Sisters Pty Ltd and you may not copy, imitate or use it, in whole or in part, without our prior written consent.
Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to The Secondhand Sisters Pty Ltd and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners.
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What this really means...
You can't copy our stuff unless you have our permission and you can't hack us to get information from us. Our logo is ours and you should get your own.
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User Content
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
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By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. The Secondhand Sisters Pty Ltd reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of The Secondhand Sisters Pty Ltd if The Secondhand Sisters Pty Ltd should choose to use the User Content. The Secondhand Sisters Pty Ltd shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If The Secondhand Sisters Pty Ltd does include your User Content, or any part thereof, you are deemed to have granted The Secondhand Sisters Pty Ltd a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sub license right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.
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You acknowledge and agree that the User Content may be used by The Secondhand Sisters Pty Ltd, for marketing purposes, including without limitation, email, social media, direct mail, etc., or on any sites The Secondhand Sisters Pty Ltd owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services.
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You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify The Secondhand Sisters Pty Ltd, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company’s use of your User Content.
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You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Secondhand Sisters Pty Ltd for all claims resulting from User Content you supply. The Secondhand Sisters Pty Ltd has the right but not the obligation to monitor and edit or remove any activity or User Content. The Secondhand Sisters Pty Ltd takes no responsibility and assumes no liability for any User Content posted by you or any third party.The Secondhand Sisters Pty Ltd, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.
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The Secondhand Sisters Pty Ltd reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. The Secondhand Sisters Pty Ltd, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the The Secondhand Sisters Pty Ltd, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by The Secondhand Sisters Pty Ltd. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
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What this really means...
Any feedback you give us we can use in any way we want for free.
If you submit content than it needs to be appropriate and not illegal, obscene, threatening or defamatory, it needs to be nice.
Don't spam us. We can edit or remove any user content submitted.
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Communications
By creating an account, you agree that you may receive communications from The Secondhand Sisters Pty Ltd, including, but not limited to, newsletters, promotions, special offers, account reminders and updates.
When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting our customer service department at info@thesecondhandsisters.com.au.
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What this really means...
We can send you communications to you at any time, but don't worry if you don't want get communications that's fine, it's all up to you.
If need be we will send a mandatory communication only if legally required.
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Right to Access
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. For example, The Secondhand Sisters Pty Ltd does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.
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IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE.
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What this really means...
Anyone who is 18 years of age or older or a parent or guardian must be the only one to register with us and use our service
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Restrictions
With respect to your use of the Services and Website, you agree that you will not:
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impersonate any person or entity;
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stalk, threaten, or otherwise harass any person, or carry any weapons;
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violate any law, statute, rule, permit, ordinance or regulation;
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interfere with or disrupt the Services;
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post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
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use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
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post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
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“frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
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modify, adapt, translate, reverse engineer, decipher, compile or otherwise disassemble any portion of the Services or any software used on or for the Services;
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rent, lease, lend, sell, redistribute, license, sub license or access to any portion of the Services;
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use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
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link directly or indirectly to any other websites;
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discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
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cause any third party to engage in the restricted activities above;
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use the Website and Services for any unlawful purposes;
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sell, resell, sub license, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
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collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section “Communications and Other Content”];
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adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
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download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
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use any meta tags or any other “hidden text” utilizing The Secondhand Sisters Pty Ltd name or trademarks or any third party’s name or trademarks without the express written consent of The Secondhand Sisters Pty Ltd or the applicable third party.
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publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
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collude against another person in restraint of trade and competition;
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create a hyperlink to the Website, or any page of the Website, without The Secondhand Sisters Pty Ltd’s express written consent; or
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imply affiliation with or endorsement or sponsorship by The Secondhand Sisters Pty Ltd, or cause confusion, mistake, or deception in connection therewith.
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What this really means...
Don't pretend to be someone else. Be nice and do the right thing.
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Don't lie. Be your own person and create your own stuff.
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Don't link us to any other websites. Don't use our information for yourself.
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Indemnity Policy
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless The Secondhand Sisters Pty Ltd and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with The Secondhand Sisters Pty Ltd, the “The Secondhand Sisters Pty Ltd Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your misuse of the Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the The Secondhand Sisters Pty Ltd Parties of any third party claims, cooperate with the The Secondhand Sisters Pty Ltd Parties in defending such claims and pay all fees, costs [including non statutory costs] and expenses associated with defending such claims (including but not limited to attorney’s’ fees). You further agree that the The Secondhand Sisters Pty Ltd Parties shall have control of the defense or settlement of any third party claims.
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What this really means...
We are not responsible if you do something you shouldn't to us and our company.
If you do something , than you are responsible.
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Disclaimer
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE SECONDHAND SISTERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE SECONDHAND SISTERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SECONDHAND SISTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. THE SECONDHAND SISTERS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THE SECONDHAND SISTERS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE SECONDHAND SISTERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SECONDHAND SISTERS IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms.
YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.
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What this really means...
Everything we do and sell is "as is" or "as available" unless stated by us. We have no warranties and we are not responsible for any indirect harm to you.
By using our website you agree to all this.
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Disputes
In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by going to our Support Center.
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If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
The Secondhand Sisters Pty Ltd​
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You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
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Arbitration
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and The Secondhand Sisters Pty Ltd expressly delegate to the arbitrator the authority to determine the arbitrarily of any Dispute, including the scope, applicability, validity, and enforce ability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. The Secondhand Sisters Pty Ltd will provide such notice by email to your email address on file with The Secondhand Sisters Pty Ltd and you must provide such notice by email to info@thesecondhandsisters.com.au. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Dispute. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
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Waiver of Rights to Bring Class Actions and Representative Claims
All arbitration shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and The Secondhand Sisters Pty Ltd agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and The Secondhand Sisters Pty Ltd hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
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What this really means...
If you do need to take action against us, first contact us to resolve the issue.
If we can't resolve the issue send us a dispute by written notice and we will respond within 30 days.
If we still can't resolve the issue then and you want to take it to arbitration you are required to give us a written 60 days notice before you file in court.
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You can't take a class action against us, it's your issue and yours alone.
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Termination
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or The Secondhand Sisters Pty Ltd. You agree that The Secondhand Sisters Pty Ltd, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. The Secondhand Sisters Pty Ltd may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that The Secondhand Sisters Pty Ltd may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that The Secondhand Sisters Pty Ltd shall not be liable to you or any third-party for any termination of your access to the Services.
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The Secondhand Sisters Pty Ltd may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (The Secondhand Sisters Pty Ltd, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which the The Secondhand Sisters Pty Ltd may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to The Secondhand Sisters Pty Ltd.
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The Secondhand Sisters Pty Ltd reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. The Secondhand Sisters Pty Ltd may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day The Secondhand Sisters Pty Ltd places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.
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What this really means...
We can terminate your account at anytime for any reason.
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If you are doing something illegal we can report it to the appropriate authorities.
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We can change our terms and conditions at anytime.
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General Info
Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to The Secondhand Sisters Pty Ltd during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
These Terms along with our Privacy Policy and the terms set forth in our Support Center collectively set forth the entire understanding and agreement between you and The Secondhand Sisters Pty Ltd with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
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If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or subsequent to these Terms, or are signed or acknowledged by any member of the Company parties.
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If The Secondhand Sisters Pty Ltd takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due here under, and is awarded damages or other relief at law or in equity in the action,The Secondhand Sisters Pty Ltd shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.
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To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.
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What this really means...
If we send you a notice to your email address or physical address and you don't reply then you waiver your right to act.
If you cause problems and we can prove it then we can get compensated for damages from you.
If you want to act on anything you have only 2 years to do so.
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Privacy Policy
At The Secondhand Sisters Pty Ltd, we believe that you have a right to know what information we collect from you, and we want you to understand our commitment to protecting your privacy. This Privacy Policy (“Privacy Policy”) applies to our stores, websites, applications, or website features you use or access (collectively, the “Sites”), as well as any mobile application (each, an “Application” and together with the stores, Sites and Applications, are referred to as the “Services”).
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By using our Services, you agree to the use, disclosure and procedures this Privacy Policy describes, which is incorporated into our Terms of Use.
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Please note that this Privacy Policy does not apply to third-party services (each, a “TPS”), such as Facebook, Amazon, or other social network services and commercial partners of The Secondhand Sisters Pty Ltd. We are not responsible for their practices, content, or privacy policies. We encourage you to carefully review the privacy policies of any TPS you access so that you know how they will use and share your information.
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1. Information Collected or Received
We collect your personal information in order to provide and continually improve our Services.
Personal information we may collect from you includes but is not limited to:
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Your name and email address when signing up to create an account
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Your credit card information when completing an order
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Your shipping and billing address when completing an order
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Identifier and other technical information, such as your browser information, operating system information, device information, IP address, and the date, time, length of stay and specific pages accessed during your interactions with the Service
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We maintain one or more databases to store your personal information and may retain it as reasonably required to serve you and operate the Services. Personal information that we collect depends on how you use the Services. Providing your personal information to us is your choice. If you choose not to provide us with certain personal information, you may not be able to take advantage of many features of the Services.
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We may aggregate your personal information with information collected from other users to (i) provide you with a better experience, (ii) improve the quality and value of the Service and (iii) analyze and understand how our Services are used.
The Secondhand Sisters Pty Ltd does not sell products for purchase by children. We sell children’s products for purchase by adults. If you have questions concerning our practices, please email us at info@thesecondhandsisters.com.au.
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2. How Information Is Collected
We may collect your information in the following ways:
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When You Provide Us With Information to Make a Purchase
If you use our Services to make a purchase, we may request certain personal information from you to facilitate the transaction. We may collect certain financial information from you, such as your credit card information. We store only a very limited portion of your credit card information, in a manner that is generally permitted by credit card issuers. Our payment processing partner stores and processes your credit card or other payment information using industry-standard security measures. By making a purchase through the Services, you give us consent to use and provide your financial information as we consider necessary to process the transaction.
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Communications You Initiate with Us
If you contact us in person, by phone, email, instant message, live chat, social media, or by some other means (either through our Services or through TPS), we may keep a record of your contact information and correspondence for later reference. When we send you emails, we may track whether you open them to figure out how to deliver more delightful and helpful emails and improve our Services.
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Third-Party Services
If you create your The Secondhand Sisters Pty Ltd account by connecting through a TPS, such as Amazon or Facebook, you are authorizing us to use public information from that connected account to help complete your The Secondhand Sisters Pty Ltd profile. We collect and store this information and use it to help you connect to our Site. Connecting your The Secondhand Sisters Pty Ltd account to a TPS is completely optional, and you will have the opportunity to grant permission when you attempt to connect. Please remember that the manner in which the TPS uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that TPS, including its privacy and data gathering practices. The Secondhand Sisters Pty Ltd shall have no liability or responsibility for the privacy practices or other actions of any TPS or any other third-party site or service that may be enabled within the Service.
The Secondhand Sisters Pty Ltd partners with TPS who set cookies and tracking pixels for Site visitors and members on our behalf in order to deliver their services. These services include targeted online marketing and analysis of data collected through cookies. These TPS technologies allow a partner to recognize your computer or mobile device each time you visit thesecondhandsisters.com or other sites that also utilize the TPS, but do not allow access to personal information from The Secondhand Sisters Pty Ltd. TPS may choose to include The Secondhand Sisters Pty Ltd widgets on their sites. When you load a site that has chosen to include our widgets, we receive analytics information through a cookie that may be used to enhance our data or to improve our Services. The Secondhand Sisters Pty Ltd does not have access to or control over these TPS technologies, and they are not covered by our Privacy Policy.
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Information We Automatically Collect
Like most websites, our Services may incorporate technology such as “pixel tags”, “web beacons” and “cookies” which allow us to track the actions of users of our Services. Pixel tags or web beacons are tracking devices on websites or in emails that can monitor the behavior of the user visiting the website or sending the email. Cookies are small files placed on your computer that recognize you when you return to The Secondhand Sisters Pty Ltd and that allow us to customize your user experience and improve the The Secondhand Sisters Pty Ltd service. You may modify the cookies that are accepted by your computer by changing your browser settings, although this may change the way the The Secondhand Sisters Pty Ltd website is presented to you. Other companies’ use of their cookies is subject to their own privacy policies, and we have no obligation to inform you of third-party cookies that are set.
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As an example, The Secondhand Sisters Pty Ltd uses cookies to keep track of your shopping cart and for other personalized experiences. We also use tracking technology to create re-marketing audiences of users based on visitor behavior on our Sites. The Secondhand Sisters Pty Ltd may also deliver custom ads based on your affinities, interests, geographic and demographic signals. In particular, The Secondhand Sisters Pty Ltd may use other TPS or services such as Google Analytics to monitor activity on the Site and to assist with advertising. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps” located at https://www.google.com/policies/privacy/partners/.
We may also collect information when you are visiting our stores. Like most retailers, we have in-store video and user-friendly technology that helps us understand customer behavior within our physical spaces. We may also anonymously collect wireless device signature information while you are near or in our stores to help us better understand our customers.
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Opting Out
If you decide you do not want to receive marketing emails, you can select to “opt-out” by following the unsubscribe instructions in the email. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through the Services or to respond to your specific request, such as password recovery.
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Blogs, Reviews and Testimonials
The Services may from time to time offer publicly-accessible blogs, customer reviews or testimonials. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your personal information from our blogs, customer reviews or testimonials, please contact us at info@thesecondhandsisters.com.au. Please note that in some cases we may be unable to remove your personal information.
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3. How Information Is Used
We primarily use the information we collect to enhance the Services and your experience. Except if we sell all or a portion of our business, as described below, we do not sell your personal information to anyone. If we share your personal information, we do so as described below.
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We may share your personal information with TPS providers, commercial partners, service providers, and others we conduct business with to: (i) enhance our Services and evaluate the effectiveness of our partnerships; (ii) provide you with additional services related to our Services; (iii) conduct quality assurance testing; (iv) facilitate creation of accounts; (v) provide technical support; (vi) market the Services; (vii) facilitate business partnerships with trusted partners and/or (viii) to provide other services to The Secondhand Sisters Pty Ltd.
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Agents
Generally, we will not disclose your personal information to an unaffiliated third-party. However, we may provide your personal information to our employees, contractors, commercial partners, agents, service providers and designee (“Agents”) to enable them to perform certain services for us including without limitation: order fulfillment, payment processing, Clean Out Kit processing, website-related services such as web hosting, database management, improvement of website-related services and features, maintenance services and distribution of offers, business partnerships, partner promotions, advertisements and other marketing materials on our behalf.
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We may also provide our Agents with non-identifying or aggregate information indicating the demographic information of users on our Website, buying behavior, and opportunities to market to select segments of our users indirectly. When we share non-identifying or aggregate user data, it is done in a way that it cannot be linked with your personal information.
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How We Respond to Do Not Track Signals
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature to signal that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user.
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Use of Services via Mobile Device
If you use the Services through your mobile device, we may receive a unique identifier or information about your location. You may at any time prevent the Services from using your location by turning this option off at the device level. When you use the Services through your mobile device, we also collect device type and UUID, a unique identifier generated within the Application, and store this information in log files and system databases. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.
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Business Transactions and Transfers
If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, The Secondhand Sisters Pty Ltd customer information (including personal information) will likely be shared for evaluation purposes and included among the transferred business assets. If an acquirer that has assumed all or part of our business materially alters how it uses or shares your personal information than at the time of initial collection, the acquirer will provide prior notice of the new or changed practice.
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Compliance with Laws and Law Enforcement
The Secondhand Sisters Pty Ltd cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our rights or the rights of our users or others, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be illegal, unethical or legally actionable activity. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to accomplish the foregoing.
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4. Information Security
Without limiting the terms of our Terms of Use and this Privacy Policy, you understand that we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our Agents in connection with your use of the Site will be used in the manner described in our Terms of Use. Any information that you provide to us is done so entirely at your own risk. Please do not use the Site if you do not agree to the terms and conditions described in this Information Security section.
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5. Updating and Revising Privacy Policy
We review this Privacy Policy at least once every 12 months to make sure it complies with applicable law and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Last Updated” at the top of this page so that you can tell if it has changed since your last visit. Please review this Privacy Policy regularly to ensure that you are aware of its terms. Your use of the Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.
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6. Personal Information You May Access
Through your account settings, you may access and edit the following information: name and password, shipping address, billing address, and email address.
The information you can view, update, and delete may change as the Services change.
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What this really means...
Your privacy is everything to us when you use our website but if you use third party apps we can't guarantee your privacy.
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We only collect relevant information when you use our service.
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Your credit card details are safe as we only store a limited amount of your details.
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Information we collect is strictly for marketing purposes and fulfilling orders and ff course you can opt out at anytime.
We don't give or sell any of your information to other companies for any reason.
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We follow all the guidelines by government and law enforcement agencies require.
We review our Privacy Policy every 12 months.
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