Online Terms

Your access and use of this website constitutes your agreement to these Terms of Use.

"This website" means all webpages located on the boutique.modasociety.com (“MB”) domain name.

This website is the website of Sharing Economy Alliance Proprietary Limited (“SEA”), trading as Moda Boutique (“MB”) and its related entities, and is not the website of Moda Society (“MS”) and its related entities.

Your access and use of this website is governed by these Terms of Use, MB’s Privacy Policy and the Privacy & Security Statement. By accessing and using this website you acknowledge and accept that you are bound by these Terms of Use, MB’s Privacy Policy and the Privacy & Security Statement.

Description of services

On this website MB provides users with access to rentals and sales of luxury resale items and related services.

MB offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof. For example, consignors are subject to additional Consignment Terms governing the consignment of items on the website, and buyers and sellers are subject to additional Purchase Terms.

Certain portions of the website may not be available unless you have registered. If you do not agree to be bound by these Terms of Use or Privacy Policy you may not use the Service or website in any way.

Prohibited Activities

Each of the following activities are prohibited:

  1. use of any type of data accumulation tool, robot, or spider to compile, disseminate, extract, process, reproduce, or repackage in any form or monitor any of the web pages, content, data or information contained within or accessible through this website;
  2. to accumulate or combine the content, data or information contained or accessible through this website with content, data or information from any third party, without MB’s prior written permission;
  3. use of high-volume, automated or systematic processes to obtain data or other information from this website;
  4. compiling, repackaging or disseminating any information or data from this website;
  5. accumulating data or information from this website whether or not using any automatic or manual process;
  6. use of any type of device, process, routine or software either systematically or non-systematically to interfere or attempt to interfere with the functioning of this website or any transaction or process conducted on or through this website;
  7. to use or reproduce any information or data from this web website other than as specifically permitted by these Terms of Use;
  8. to incorporate into or store any information or data from this website in any other website, electronic retrieval system, database, publication or other work in any form, other than as specifically permitted by these Terms of Use;
  9. combining or processing any data or information from this website with other data or information other than as specifically permitted by these Terms of Use;
  10. creating a link to this website from another website without MB's prior written permission.
  11. using this website other than as specifically permitted by these Terms of Use;
  12. any use of this website for an unlawful purpose or activity;
  13. either yourself or through a third party changing, modifying, reproducing, or creating any works derived from this website, or displaying in public, any part or content of this website without MB’s prior written permission or unless you have a non-excludable legal right to do so.

Permitted Activities

This website may only be used for the following permitted activities:

  1. a use authorised in writing by MB or a related entity;
  2. MB staff carrying out their duties for MB; and
  3. temporary browsing as a genuine customer of MB, or for personal non-commercial interest.

Other Terms of Use

  1. Although MB endeavours to ensure the information contained on this website is accurate, complete and up to date, we do not warrant the accuracy, completeness or currency of any such information.
  2. Some services are offered solely to assist you deciding to use us as an intermediary to rent, lend, hire or purchase an item. You are not authorised to, and you agree not to, use high-volume, automated or systematic processes to obtain quotes or make listing applications, or to make an excessive number of requests to the services.
  3. You also agree not to use, copy, compile, repackage or disseminate any information obtained from any MB service for any purpose other than your personal, non-commercial purposes without MB’s prior written consent, and you specifically agree that you will not use, or obtain with an intention to use, such information for the purpose of discovering the business logic of either service, or creating a tool that predicts the operation of our service.
  4. Without prejudice to any other rights that it may have, MB reserves the right to terminate, limit or restrict your access to this website and MB’s other online services in its sole discretion, including without limitation if you contravene these Terms of Use.
  5. You acknowledge that the business logic (including the relative importance of each rating criterion and the pricing algorithms) used to implement the services are trade secrets of MB and/or its related entities, and that MB would suffer significant harm if such business logic were to be derived, and subsequently used or disclosed, in breach of these Terms of Use.
  6. This website may contain links to third party websites. MB and its related entities do not make any representations or warranties as to the contents of any third party websites, and expressly disclaim that they operate any website other than this website.
  7. The information on this website is provided for individuals wishing to rent their garment to another individual, or vice versa, and where indicated, may be limited to specific states and territories of Australia. The law of Australia governs these Terms of Use.

SEA trademarks, if existent, may not be used or reproduced without the prior written consent of MB. MB may use SEA trademarks for each of their respective products and services.

Authentication and Brands

You acknowledge and agree that MB’s authentication process is internally managed and at times independent. Brands identified on the website are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the website are not partnered or affiliated with MB in any manner.

However, MB will fully cooperate with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.

Disclaimer of warranty

All content, products, and services on the website, or available through the service, or obtained from a website to which the website is linked (a "linked website") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Moda Boutique does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the website or service by any party, (b) any content provided on linked websites or (c) the capabilities or reliability of any product or service obtained from a linked website.

Other than as required under applicable consumer protection law, under no circumstance will Moda Boutique be liable for any loss or damage caused by a user's reliance on information obtained through the website or a linked website, or user's reliance on any product or service obtained from a linked website.

It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the website, or obtained from a linked website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

Limitation of liability

You expressly understand and agree that Moda Boutique and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Moda Boutique has been advised of the possibility of such damages), resulting from use of the website, content or any related services.

Indemnity


You will indemnify and hold harmless Moda Boutique from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Moda Boutique and such parties, and shall defend Moda Boutique and such parties against any and all claims arising out of (1) your breach of these Terms of Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable Australian or foreign law or the rights of a third party. Moda Boutique will control the defence of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Moda Boutique.

International Shipping

International shipping is assessed on a case by case basis. Please email info@modasociety.com for a quote. International customers are responsible for their own local duties and taxes. Please contact us if your parcel does not arrive within the specified time. However, we cannot accept responsibility for delays in delivery due to unforeseen circumstances (eg. Strikes, floods etc). If there are delays due to stock reasons MB will notify you and you will have the option of changing or cancelling your order.

Rentals

Garments = Any item hired through Moda Boutique

Luxury Garments = Any leather Garments, or are of high value, as determined solely by Moda Boutique.

Identification for Luxury Garments

Step 1: You will receive a confirmation email within 24 hours from when your order is placed through MB confirming your order details.

Step 2: You will receive a second email within 72 hours from the date your order is placed with ID verification requirements including but not limited to a photo of yourself holding your passport / driver’s licence / proof of age card. You must return the required documentation to MB within 24 hours of receipt.

Step 3: You will receive an email from MB confirming that the Luxury Garment has been dispatched for delivery or, if MB has not approved the ID verification supplied, you did not return the ID verification or you supplied the incorrect ID verification, MB will cancel the order and notify you.

If the order is cancelled as a result of you not supplying the requested information or the requested information is supplied incorrectly, you may incur additional fees.

Rental Period & Late Fees

You will book and make necessary payments for the Garments and Luxury Garments (“Goods”) for a specified period of time (“Rental Period”).

The Rental Period begins when the Goods are marked as delivered as determined by the Australia Post registered tracking number or where the Goods are delivered to you. You must return the Goods on or before the end of the Rental Period. The Rental Period ceases when the Goods are received by Australia Post and scanned for delivery as determined by the registered tracking number.

MB is entitled to charge you additional fees if the Goods are not returned by the end of the Rental Period (“Late Fee”). The Late Fee will be a fixed fee of $30 (if the recommended retail value of the Goods is under $1,000 and $50 (if the recommended retail value of the Goods is over $1,000 AUD) for each day overdue.

The Late Fees will not incur when the Rental Period ceases on a weekend or public holiday and as such, you will not be subject to overdue charges during that period. The overdue charges will incur when the post office commences for trading.

The Late Fees will continue to incur until such time as 150% of the recommended retail value has been charged to you and at which time the Late Fees will cease to accrue.

If the Goods are not returned from 20 days from the end of the Rental Period, you acknowledge and accept that MB will invoice you for the balance of 150% of the recommended retail value of the Goods and the Goods no longer need to be returned.

You further acknowledge and accept that you will be liable for to pay the invoice within seven (7) days of receipt. If you believe that you should not have incurred Late Fees you must contact MB within three (3) days from the date of receipt of the tax invoice. MB will determine whether the late fees will be waived, limited or upheld.

Risk and Damage

You accept full responsibility for the safekeeping of the Goods and warrant that due care will be taken while in receipt of any Goods from MB.

You accept full responsibility for the Goods whilst they are in your possession and control and you agree, that you are liable for any damage that is caused to the Goods, or if the Goods are missing or stolen

You acknowledge and accept you will be liable to the pay any damage to the Goods or the Goods are not returned satisfactorily, as determined by MB (“Damage Fee”).

You acknowledge and accept that MB will issue you with a tax invoice for the Damage Fee to the Goods. You further acknowledge and accept that you will be liable for to pay the Damage Fee tax invoice within seven (7) days of receipt.

MB, in its sole discretion will determine whether the garment is damaged beyond repair. In such case, you will be liable to pay MB for a replacement at the recommended retail value of the Goods.

MB has sole discretion to consider other factors when assessing the replacement value including demand for the Goods, condition of the Goods and the rental fee already paid.

Cancellation Penalty

You acknowledge and accept that a cancellation penalty may apply to your cancelled booking.

Cancellation penalties may include any reasonable fees as determined by MB.

Title to Goods

You acknowledge that the Goods are the absolute property of MB at all times unless otherwise provided for.

Defects

You must inform MB, in writing, of any defects, quantity issues or damage in the Goods within six (6) hours of the receipt of the Goods.