THE CLOTHING SPACE
TERMS & CONDITIONS

Please read these Terms & Conditions carefully before booking Seller Space or Rent-A-Rack with The Clothing Space.

By making a booking, purchasing a selling service, supplying items for sale, or commencing a rental period with The Clothing Space, you confirm that you have read and agree to these Terms & Conditions.

References to “we”, “our”, “us” mean The Clothing Space. References to “you”, “your” or “seller” mean the person booking or supplying items for sale.

1. OUR SELLING MODELS

The Clothing Space operates two different selling models depending on location and availability.

SELLER SPACE — PORT MACQUARIE

Our Seller Space model allows you to provide your own clothing and accessories for us to sell on your behalf in-store.

We offer 50/50 Consignment (50% To the Clothing Space and 50% of the sale to the Seller)

RENT-A-RACK — NEWCASTLE

Our Rent-A-Rack model allows sellers to rent designated rack space within our Newcastle stores.

The applicable rental price, number of items, rental period and commission structure will be displayed on the relevant booking page.

Some Rent-A-Rack options may be offered at 0% commission, while other options may attract a commission 20%. The commission applicable to your booking is the commission displayed at the time of purchase.

Your booking confirmation takes precedence over general examples contained within these Terms & Conditions.

2. BOOKING & PAYMENT

A 100% payment/deposit is required to secure your booking, unless otherwise agreed by The Clothing Space.

Your booking is not confirmed until payment has been received.

Dates and selling periods are subject to availability.

We reserve the right to refuse a booking where the requested dates or selling model are unavailable or where the proposed stock does not meet our requirements.

3. CANCELLATIONS & DATE CHANGES

For bookings cancelled 14 days or more before the scheduled commencement date, we may offer a transfer of the booking to another available date or other appropriate option at our discretion.

Bookings cancelled within 14 days of the commencement date may be non-refundable because the selling space has been reserved for you.

Date changes may be accommodated where possible but are subject to availability.

If we need to cancel or substantially change a booking, we will contact you and provide an appropriate resolution.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

The Clothing Space may determine where and how your items are displayed within the store.

We may move, rotate, re-merchandise or reorganise items to maintain presentation standards and optimise store flow.

We do not guarantee that any particular item will sell or that a seller will achieve a particular level of sales.

5. RENT-A-RACK — NEWCASTLE

You are allocated rack space for the period specified in your booking.

Rack capacity varies depending on garment type, size and style.

We reserve the right to remove excess items where a seller has more than the amount of items paid for at the time of booking.

Sellers may top up their rack as items sell throughout their booking period.

All top-ups must be shown to staff prior to adding to the rack.

Sellers must not independently rearrange, tag or merchandise stock within the store.

Your space WILL change throughout the month to keep a changing environment for shoppers.

6. TAGGING & MERCHANDISING

Unless tagging has been purchased as an additional service, Rent-A-Rack sellers are responsible for correctly tagging their own items before they are placed on the rack. All required seller identification must be included on tags as instructed by The Clothing Space. Untagged or incorrectly identified items may not be placed on the shop floor.

7. ITEM QUALITY & ACCEPTANCE

All items supplied for sale must be clean and freshly washed, free from stains, free from significant holes, tears or damage, in reasonable wearable condition, free from excessive wear, and complete and functional, including zips and buttons where applicable.

We reserve the right to refuse or remove items that do not meet our quality or presentation standards.

Items that are unsuitable for sale may be placed aside for collection.

We may also refuse items that are unsuitable for the store, difficult to merchandise, unsafe, counterfeit, offensive or otherwise inconsistent with our selling standards.

8. PROHIBITED ITEMS

The following items may not be supplied for sale without prior approval:
• Counterfeit or suspected counterfeit goods
• Stolen goods
• Dirty or heavily damaged items
• Offensive or explicit clothing
• Undergarments unless new with tags
• Bulk liquidation or commercial stock where inconsistent with our model
• Unsafe goods
• Items containing hazardous materials
• Non-clothing items unless approved
• Any item we reasonably believe is unsuitable for sale through The Clothing Space

You confirm that you are legally entitled to sell all goods supplied by you.

9. PRICING

The seller is responsible for determining the selling price of their items unless otherwise agreed.

The Clothing Space may provide recommendations regarding pricing but does not guarantee that an item will sell at the nominated price.

Where a seller requests or selects a discounting option, the applicable discount will be applied according to the selected option and booking terms.

Unless otherwise agreed, The Clothing Space may offer promotional activities designed to assist sales. Promotional activity does not guarantee sales.

10. DISCOUNTING & PROMOTIONS

Discounts may be offered in accordance with the options selected by the seller.

Where a rack-wide discount is selected, the discount will apply according to the applicable booking terms.

The Clothing Space may also promote seller items through social media, website content, store promotions or other marketing activities.

11. SALES, COMMISSION & PAYOUTS

Where a booking states 0% commission, no commission will be deducted from eligible sales.

Payouts are generally processed within 1-7 business days after the end of the applicable selling period, subject to completion of the relevant sales reconciliation and collection requirements.

Payments are made to an Australian bank account nominated by the seller. The seller is responsible for providing accurate bank account details.

Item disputes:
Any concerns, discrepancies or disputes relating to sales, payouts, missing items, pricing, stock records or other matters connected with your rack must be raised with staff at packup.

By completing pack down and removing your stock from the premises, you acknowledge that you have had the opportunity to raise any concerns relating to your rental period.

Once pack down is complete, the rack space is allocated to another seller.

12. SALES RECORDS & POS SYSTEM

All sales are recorded through The Clothing Space's point-of-sale system.

The POS record is the primary record used to calculate seller payouts.

Physical price tags, swing tags or tickets are used to identify items but are not, by themselves, proof that an item has been sold.

Where there is a discrepancy between a physical tag and the POS records, we will investigate the discrepancy using available transaction records and other relevant information.

Any dispute regarding sales or payout amounts should be raised with us in writing within 7 days of the payout or sales statement being provided.

13. UNSOLD ITEMS & COLLECTION

Unless otherwise agreed, sellers must collect their remaining items within 3 days of the end of their selling period.

Please contact us if you require additional collection time.

Items left uncollected after this period may be transferred to an off site storage facility and the seller will be responsible for any storage, handling and associated costs incured.

The Clothing Space will contact the seller regarding uncollected items and if the items remain uncollected after the required notice period, The Clothing Space may sell, donate or otherwise dispose of the items.

The Clothing Space is not required to store uncollected items indefinitely.

Sellers are responsible for ensuring their items are collected by the required date.
The renter acknowledges that The Clothing Space is not responsible for storing uncollected items indefinitely and that storage and handling costs may be deducted from any amounts otherwise payable to the renter.
By Booking a rack you agree to these terms.

14. DONATION OF UNSOLD ITEMS

If you do not want to collect any unsold items sellers may request that unsold items be donated at the end of their selling period for their payment to be released. Please contact our team if you would like to arrange this.

15. LOSS, THEFT & DAMAGE

The Clothing Space takes reasonable measures to protect stock, including store security procedures and CCTV where applicable.

However, clothing and personal property supplied by sellers remain at the seller's risk to the extent permitted by law.

We are not responsible for loss or damage caused by circumstances outside our reasonable control.

Sellers should consider arranging their own insurance if they wish to insure their goods while they are held or displayed in-store.

16. STORE PRESENTATION & RACK ROTATION

The Clothing Space reserves the right to move racks, rotate rack locations, re-merchandise items, move individual items, change store layouts, adjust display locations, and remove items that do not meet presentation standards.

Rack placement is determined by The Clothing Space and may change during a selling period.

This allows us to manage store flow, presentation, customer experience and merchandising.

17. SELLER CONDUCT

To ensure a fair and comfortable shopping environment, sellers must not:
• Approach or pressure customers to purchase their items
• Follow customers around the store
• Hover around their rack while customers browse
• Attempt to influence customers' purchasing decisions
• Negotiate directly with customers
• Tag or alter items inside the store without permission
• Move other sellers' stock
• Rearrange other sellers' racks
• Interfere with staff or store operations
• Loiter in the store for the purpose of influencing sales
• Directly solicit customers

Sellers are welcome and encouraged to promote their own items through their personal social media channels.

We may cancel a booking or restrict a seller's participation where there has been serious or repeated misconduct, subject to applicable law.

18. SOCIAL MEDIA & MARKETING

By participating in Seller Space or Rent-A-Rack, you permit The Clothing Space to photograph and promote your items for the purpose of marketing the store and selling the goods.

This may include Instagram, Facebook, The Clothing Space website, in-store promotional material and other marketing channels operated by The Clothing Space.

Where reasonably possible, we may tag or identify sellers when appropriate.

19. SELLER RESPONSIBILITY & OWNERSHIP

You confirm that:
• You own the goods you supply for sale, or have authority to sell them.
• The goods are not stolen or counterfeit.
• The goods do not infringe another person's intellectual property rights.
• The information you provide to us is accurate.
• The goods comply with applicable laws and safety requirements.

You are responsible for any dispute relating to the ownership, authenticity or lawful sale of goods supplied by you.

20. TAXATION

Sellers are responsible for determining and meeting their own tax obligations arising from income received through The Clothing Space.

The Clothing Space does not provide tax advice.

Where legally required, The Clothing Space may retain or provide transaction information to government authorities, including the Australian Taxation Office.

21. PRIVACY & CUSTOMER INFORMATION

We collect and use seller information for purposes including processing bookings, processing payments, managing stock, processing payouts, communicating with sellers, maintaining transaction records and meeting legal and compliance obligations.

We will handle personal information in accordance with applicable privacy laws and our Privacy Policy.

22. AUSTRALIAN CONSUMER LAW

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies available to you under the Australian Consumer Law or other applicable legislation.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Where applicable, you may be entitled to remedies including cancellation, refund, re-supply, or compensation where our services fail to meet applicable consumer guarantees.

23. CHANGES TO THESE TERMS

We may update these Terms & Conditions from time to time to reflect changes to our services, business operations or legal requirements.

The Terms & Conditions applicable to your booking are those provided or displayed at the time of your booking, subject to any changes required by law.

24. GOVERNING LAW

These Terms & Conditions are governed by the laws of New South Wales, Australia.

THE CLOTHING SPACE

Your Clothes. Our Store.

For questions regarding bookings or these Terms & Conditions:
Email: info@theclothingspace.com.au