Suppliers' Terms and Conditions
The expectations and conduct that keeps Styler one big, happy family.
Membership Terms
1. The service
1.1 Styler provides a platform to introduce members who want to buy and sell items. Styler does not take part in the sale of items other than by providing our website as a venue for members. If a seller accepts an offer, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and buyers. Styler is not an auctioneer, under the Auctioneers Act 1928 or otherwise.
1.2 The use of the services provided by Styler is at your own risk. Styler will take all reasonable endeavours to ensure that the website and its services are available for the use of its members. However, Styler does not warrant that the services provided will be uninterrupted, timely, secure, or error free; or that information (including feedback) provided on the website is error free or reliable. In the event that the website or its services are unavailable, Styler takes no responsibility for any loss that is incurred as a result. Styler also assumes no responsibility for the corruption of any data or information held by Styler.
1.3 Styler disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of manufacture, fitness for a particular purpose and non-infringement. No advice or information that is obtained by you from Styler or anyone else shall create any warranty by Styler that is not expressly stated in the Terms and Conditions.
1.4 Styler will not undertake to resolve any disputes between buyer and seller occurring from the use of the services provided by the site. Styler is not a party to sale and purchase agreements and therefore cannot become involved in any dispute arising from the transaction between buyer and seller.
1.5 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute Styler's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
2. Becoming a member
2.1 Styler provides a shopper portal whereby buyers from the public can access designer items that emerging designers are selling on the site. If a seller accepts a bid, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between the parties.
2.2 To become a member you pay a monthly fee for your profile. You can also upgrade for a further nominal investment. This will entitle you to further features for your profile as well as advertising.
2.3 You may only register as a member if you are a resident in New Zealand or Australia and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
2.4 You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Styler to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). Styler may phone or mail you to verify these details.
2.5 You shall not list your email address, phone number or any other personal contact details within the description of listing comments, in your member profile or on the Styler message boards.
3. Sellers Obligations
3.1 Sellers using Styler must only place works on the site that are their own intellectual property and do not breach copyright law. Sellers undertake to ensure that property placed on the site does not infringe New Zealand Criminal or Civil law. Offensive material (including material of pornographic or defamatory nature) may not be posted on the site.
3.2 All listings must be in New Zealand dollars and include GST in the price. All tax obligations are on the seller and/or buyer (as the parties determine).
3.3 You must not use Styler to promote items for sale or services outside of the Styler website services.
3.4 Members are prohibited from linking a listing to any page outside the website unless the page directly promotes the sale of items in the listing.
3.5 You are not to charge unreasonable costs for shipping and packaging costs. You must promptly forward the listed items to the successful buyer on completion of the transaction.
4. Consequences for contravention of terms of membership
1. Breach Styler may limit your activities on the website, remove your profiles or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where Styler considers it appropriate.
2. Termination Styler reserves the absolute right to decline to register or to terminate memberships without appeal for unacceptable behaviour. Inter alia Styler may terminate your membership if a serious complaint or multiple complaints are received about you.
5. Indemnity
5.1 You agree to release, indemnify and keep indemnified Styler from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions. This includes your failure to complete a transaction, your use of Styler's message boards and chat rooms, or arising out of any content or item you submit, post, transmit, or make available through the services.
6. Feedback
6.1 Feedback you provide on other members must not contain what Styler determines to be offensive, inappropriate or defamatory language.
6.2 Feedback must not contain personal details or information and must only be given in relation to a specific transaction.
6.3 Feedback is provided for the sole purpose of facilitating trading between members on the Styler website. You must not market or export any feedback to any venue other than the Styler website.
6.4 Failure to adhere to the above provisions will result in cancellation of your Styler membership.
7. Privacy
7.0.1 Styler collects personal information about you through your use of the services and the website, including:
- Your registration details.
- Information relating to your use of the web site and the content you access.
7.0.2 You agree that Styler may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Styler products and services to you, and for any other use that you authorise.
7.0.3 We will not sell or allow third parties to access your personal information without your consent.
7.1 Membership Registration
Our site's registration form requires you to provide us contact information and may also require demographic information. We may use your contact information from the registration form to send you information about our company and promotional material from some of our affiliated partners. Your contact details are also used to contact you when necessary.
7.2 Updating Your Personal Information
Styler provides you with ways in which you can alter your personal data, such as changing your email address, password and phone number. Styler will store previous email addresses against your profile to ensure compliance with our Terms and Conditions - specifically the use of one account per member.
7.3 Control of Your Password
You are responsible for all actions taken with your user name, email address and password, including fees. Therefore, we do not recommend that you disclose your Styler password to any third parties. If you choose to share your user name, email address and password or your information with third parties to provide you additional services, you are responsible for all actions taken with this information and, therefore, you should review that third party's privacy policy.
7.4 Cookies
Cookies are small pieces of information that are stored in a browser-related file on your computer's hard drive when you use our website. We use cookies to improve the member experience. We also use them to deliver information and fresh content specific to your interests. Cookies are widely used on most major websites.
Styler mostly uses "session" cookies, which are removed from your computer once you leave Styler. These are used so our service can remember that you have logged in already and prevent you doing so more frequently. The technology we use (Microsoft Active Server Pages) requires the use of session cookies. Session cookies expire and are deleted after 30 minutes of no activity on Styler.
Styler also uses persistent cookies to personalise the user experience, to help protect our members and to provide us with research information, such as how often members visit Styler each month. Persistent cookies allow us to track users on Styler and helps us identify users abusing the Styler service.
7.5 Other information we collect
We use additional information to do internal research on our users' demographics, interests and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using and your IP address.
Users who login have their IP addresses recorded. This information can be used to track users who abuse the Styler system and will be only be provided to legal authorities in cases of suspected fraud. IP addresses can be used in conjunction with an Internet Service Provider to find the dial-in account of a user and, ultimately, further information to identify a user. This information is stored securely and will not be provided to other members or non-authorised parties.
If you choose to post messages in our message areas or leave feedback for other users, we will collect that information you provide to us.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the site, we may collect such information into a file specific to you.
7.6 Membership Removal
If you wish to have your registration removed from our directory for any reason, simply send us an email requesting to be removed.
7.7 Advertising and Third Party Links
7.7.1 Some Styler advertisers may request information directly from users or links to sites that do so. Styler has no control over its advertisers' privacy policies, and encourages users to review such policies prior to submitting any personal information to them.
7.7.2 Styler contains non-advertising links to a variety of third party sites to enhance the member experience. Styler has no control of either the content or privacy policies of such sites, nor should such links be considered an endorsement of these sites except where otherwise noted.
8. Fees and Accounts
8.1. Styler Listing Fees
8.1.1 Styler charges fees for the use of the web site as a venue.
8.1.2 Styler's current fees are listed on our fees page in the Why Use Styler section.
8.1.3 Any non-commission listing fees are charged at the time of listing and are not refundable.
8.1.4 Styler reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
8.1.5 If you are a New Zealand resident, then all fees are exclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Styler account balances.
8.1.6 Before listing an item, you should review Styler's fees to ensure you are aware of the fees that you will incur.
8.1.7 You must pay the fees immediately upon demand by Styler.
8.2 Styler Accounts
8.2.1 Styler maintains credit accounts for certain members and from which members must pay fees including payment of advance listing options. Styler account may not be used for the payment of items sold using the services.
8.2.2 You must settle any negative account balance immediately. Styler reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Styler incurs when collecting that debt.
8.2.3 If your membership is terminated Styler will refund the balance of your credit account, less a $5 manual processing fee that is payable to Styler. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Styler credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
8.2.4 If you have not logged on to the web site for a period of 3 months, any unused balance on your account is forfeited to Styler and your membership will be suspended.
