Terms & Conditions

General Information

Kitsch please is a website operated by Kitsch please Marketplace (ABN 23 696 178 923). kitschplease.com.au is also referred to as “the Site”. Kitsch please Marketplace is also referred to as ‘Kitsch please’. To use this Site you must first agree to the terms and conditions as set out below. If you do not agree to the terms & conditions as set out below, please leave the Site now.

Kitsch please reserves all rights to alter the terms and conditions as set out below at its discretion. Each time you use the Site (kitschplease.com.au), it is your total responsibility to be aware of the current terms and conditions.

 

Terms

‘Seller’ means an individual person, an entity or a company that has products listed for sale on Kitsch please.

‘Private Seller’ means an individual person that has products or services advertised on Kitsch please.

‘Retailer Seller’ means a registered business based in Australia, with an ABN, that conducts a business of selling products or services from retail premises or platform.

‘Merchant’ is otherwise known as Kitsch please.

A ‘Buyer’ is a person who is seeking to purchase products from Kitsch please, a private seller or retailer seller who lists on Kitsch please Marketplace.

Listings

The Site is an online advertising medium / marketplace where potential buyers use the website to find and purchase vintage treasures for the home from listed sellers.

Kitsch please will reject listings not relevant to the style and aesthetic of the brand offering and reserves the right to cancel such listings, without notice and without compensation.

When submitting information to the Site, you assign all copyright of that information to Kitsch please including content on our blog and social media channels. If you submit information to the Site that is not yours in copyright, it is your responsibility to gain permission from the original owner of that information.

Kitsch please reserves the right to verify the availability of items offered for sale and to verify the information contained in any listing or advertisement. You agree that Kitsch please may access your records and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as Kitsch please reasonably requires. Failure to comply may result in your listing / advertisement being suspended or cancelled.

Retailer listings must be “classified in nature”. Under no circumstances are retailers to advertise their own shop telephone numbers, web addresses or email addresses within their listings on the Site. Failure to comply may result in your listing being suspended or cancelled.

All listings and advertisements placed by Sellers must be in stock and available for purchase. Failure to comply may result in your listing being suspended or cancelled.

Sellers’ Obligations

Sellers must provide each item in clean, stain-free, dust-free and safe condition, and in desirable condition and quality for resale, with the exception of any condition you have clearly disclosed in writing and/or per photographs in the listing description.

You are solely responsible for all aspects of your listing and item, including providing accurate item information and photos, and adequately storing and maintaining your item. Kitsch please reserves the right to revise your listing for grammatical errors and minor corrections. You agree to accurately describe each item to the best of your ability.

All listings on Kitsch please must comply with the Australian laws and regulations that apply to fair-trading.

Advertisers or Sellers on this Site must not post or submit illegal content to and must not use derogative terms to describe their product/s on this Site.

Any advertiser or Seller who submits such content may be reported to the proper authorities. Kitsch please reserves the right to immediately remove, without notice or compensation, any advertisement or listing on the Site that is deemed to contain illegal content and or derogative terms.

Advertisers and Sellers shall not use this Site to promote any other Site or products outside the services provided on this Site.

Sellers must be legally able to sell advertised products.

It is the Seller’s obligation to notify Kitsch please upon the sale of the item in their advertisement / listing, if the item has sold outside of this Site or it is no longer available for some other reason, and remove the listing accordingly. Failure to do so may incur a false sale and therefore a chargeback fee to the Seller.

Sellers must not use any of the Site’s facilities to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party’s rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in Australia, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of State or Commonwealth anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority.

Sellers must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from the Site.

Sellers must disclose their returns & exchange policy, and must not mislead or misinform buyers on any aspect of their product listed.

Payments

By selling online on the Site you give Kitsch please permission to accept 100% payment for the goods.

Kitsch please will release payments to Sellers (less a 15% final sale fee which covers commission and merchant fee) for all completed and dispatched items within 5 business days following the dispatch of the item.

Final Sale Fees will be capped at $750 per item.

Payments will be via PayPal or Braintree Payments, a PayPal company. The seller must provide Kitsch please with the appropriate bank account details or PayPal registered email address in order to be paid. If you do not have an account with PayPal and wish to be paid via PayPal, please visit https://www.paypal.com/au/webapps/mpp/get-started to register for free.

Kitsch please does not take responsibility for charge backs, fulfilment, warranties, returns, product defects etc. from external sellers.

Kitsch please will give you at least 14 days notice in writing of any changes to the terms and conditions of the fee and payment structure. This will state the new amount, frequency, next charging date and any other changes to the terms.

Currency

All transactions are processed in AUD.

Copyright

All content, graphics and programming codes on the Site are and will always remain the intellectual property of Kitsch please and is protected by Australian and International copyright laws.

Authenticity

Kitsch please makes no warranties of the authenticity of its Advertisers, Sellers, Buyers or users on the Site.

Kitsch please assumes you have the rights to these images in the first place, and assumes no liability should this not be the case. Information contained in the ‘News’ section of the Site does not constitute recommendations or advice relating to the suitability of a product or service to satisfy an individual’s particular circumstances.

Kitsch please strongly recommends you seek independent advice; medical, financial or otherwise before acting upon material on the Site. The content of the Site is for general information purposes only and is not to be taken as directives or instructions from Kitsch please. Kitsch please accepts no liability or responsibility for injury, loss, damage or death however caused.

Hyperlinks to other sites contained within the Site are not maintained or controlled by Kitsch please. These third party hyperlinks are provided as a reference solely for the convenience of the Site users.

As a result Kitsch please makes no warranties about third party sites, nor does Kitsch please accept responsibility for or endorse content or use of these Sites. If you enter a third party site from Kitsch please, you do so at your own risk.

Kitsch please may withdraw or alter the material you submit if it is deemed to be inappropriate, incorrect or not in keeping with the style and tone of the Kitsch please brand and language.

For transactions in relation to Sellers, Kitsch please will in no way be involved other than to accept payment on behalf of seller, and release funds to seller minus the final sale fee.

Buying or selling a product from a Seller other than Kitsch please via this Site is the total responsibility of the user, Buyer or Seller.

If Kitsch please does not act in relation to a breach of any of these terms & conditions, this is not to be interpreted as a waiver of these terms & conditions and Kitsch please’s rights to it.

Kitsch please reserves absolute editorial control of advertisements and all content on the Site.

Kitsch please may terminate, limit or refuse to publish advertisements if Kitsch please reasonably deems it necessary, not in the best interests of the Site or to be offensive or inappropriate for publication. Kitsch please reserves the right to limit/cancel your access to the Site if deemed necessary.

Kitsch please and you – the Buyer and / or Seller – are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these terms.

General Terms and Conditions

Kitsch please will not permit data mining of any of the content on this Site in anyway. Kitsch please will not permit the use of the site to send anything that could be considered as spam, or bulk electronic messaging. Some information on the Site may be derived from external sources (including you). 

Kitsch please does not endorse or warrant the accuracy of the editorial or advertising data or accept any liability for inaccuracies or omissions of this information. Content on the Site does not imply Kitsch please endorsement of such information.

If you are the subject of an interview and/or article and/or feature and/or video of any sort that appears on Kitsch please, you accept that copy is prepared with editorial integrity and that Kitsch please has the final say in terms of the information included and omitted. You also accept the possibility that editorial errors can occur. In such a case, Kitsch please will make every effort to amend errors as soon as they are brought to our attention, but we will not ultimately be held liable for any adverse consequence. If you supply images to Kitsch please to accompany the interview/article/feature/video, you effectively sign over publication rights and enable Kitsch please to use this material for wider marketing initiatives, including Electronic Database Mail, advertising, social media etc.

 Kitsch please assumes you have the rights to these images, and assumes no liability should this not be the case. Information contained in the ‘News’ section of the Site does not constitute recommendations or advice relating to the suitability of a product or service, to satisfy an individual’s particular circumstances.

Disclaimer

All reasonable care will be taken whilst compiling the Site’s content, including advertising content. However Kitsch please does not warrant or represent that it is complete, current or free from typographical error, other errors or omissions. Information, software, products, and services may include inaccuracies.

Kitsch please endeavours to provide continual availability of our services and access to the Site. However access to the Site may not always be possible due to numerous factors including those that are out of our control. 

Kitsch please does not warrant or represent that our services and access to the Site will be timely, continuous, fault free, uninterrupted, secure or virus free.

All prices and product specifications are obtained from Sellers. Kitsch please takes no responsibility for the accuracy of price information or product specifications from sellers other than Kitsch please. Kitsch please takes every possible precaution to deliver only accurate information, but cannot be held responsible for information presented by Sellers. 

Kitsch please accepts advertisements in good faith.

All such information, software, products and services are provided “as is” without warranty of any kind. 

Kitsch please does not warrant or represent that the services, software or products, advertised on the Kitsch please Site will be suitable for any purpose, or that an advertiser has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business. As a buyer it is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of any product or service advertised on the Site.

Kitsch please hereby disclaims all warranties and conditions with regard to any information, software, products, and services, including but not limiting to:

  • Warranties and conditions of merchantability;
  • Fitness for a particular purpose; and
  • Title and non-infringement

Under no circumstance will Kitsch please or its suppliers be liable for any, incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with use of the Site or inability to use the Site or for any products, information, services and software obtained through the Site, or otherwise arising out of the use of the Site, even if Kitsch please has been advised of the possibility of damages.

In accepting these terms you agree to indemnify Kitsch please and its suppliers, contractors, employees and agents against all claims, costs, demands, damages and liabilities related to use or inability to use the Site. These terms and dealings with Kitsch please are subject to the laws of Victoria, Australia.