TERMS & CONDITIONS
1. TERMS AND CONDITIONS Welcome to Dirty Secrets Boutique, a place for you and your friends to shop, sell and swap! These terms and conditions are intended to help keep Dirty Secrets Boutique a safe place to interact.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Dirty Secrets Boutique offers you access to the Services and the Website. By registering as a member of Dirty Secrets you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Dirty Secrets from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
2. SPECIFIC WARNINGS
2.1 The services: Dirty Secrets Boutique provides a venue to introduce members who want to buy and sell items. Dirty Secrets Boutique does not take any part in the sale of items other than by providing our Website as a venue for members. If a seller accepts a sale, 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 other members, including where you use the credit card or PayPal service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the services are being referred to as an auction, Dirty Secrets Boutique is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Dirty Secrets Boutique takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretenses or who attempt to defraud you. Dirty Secrets Boutique gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
a. About ownership of any item;
b. As to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
c. As to the accuracy or truth of listings;
d. That any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or
e. About the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
a. Your use of the Services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Dirty Secrets Boutique disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b. Dirty Secrets Boutique disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
c. Dirty Secrets Boutique does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
d. No advice or information that is obtained by you from Dirty Secrets Boutique or anyone else shall create any warranty by Dirty Secrets Boutique that is not expressly stated in the terms and conditions; and 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 Dirty Secrets Boutique’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
e. While Dirty Secrets Boutique may facilitate payment for some items by credit card, or PayPal, Dirty Secrets Boutique is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
f. While Dirty Secrets Boutique has systems in place to reduce the risk of credit card fraud, Dirty Secrets Boutique is not responsible for protecting members from credit card fraud. Dirty Secrets Boutique ‘s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Dirty Secrets Boutique to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Dirty Secrets Boutique’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us 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, your failure to complete a transaction, your use of Dirty Secrets Boutique’s message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to Dirty Secrets Boutique, Dirty Secrets Boutique may limit your activities on the Website, remove your offers 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 Dirty Secrets Boutique considers it appropriate. Refunds will not be given if time in forfeited due to insubordination.
2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned & Restricted Items, Community Guidelines, and Frequently Asked Questions part of these terms and conditions
f. BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may register as a member using your Facebook login information or by forming an account with your email address. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: 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 Dirty Secrets Boutique to ensure it is kept current at all times. Dirty Secrets Boutique may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Dirty Secrets Boutique’s discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: Dirty Secrets Boutique reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Dirty Secrets Boutique may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
A. Not to permit any other person to use your user name or membership; and
B. Not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
g. GENERAL RULES
a. All listings, purchases, offers and trades, or communications made through Dirty Secrets Boutique shall be made in good faith.
b. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
c. You may not use a robot, spider, scraper or other unauthorized automated means to access the Website or information featured on it for any purpose.
d. List your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Dirty Secrets Boutique message boards at your own risk.
e. You must offer your listings in US Dollars.
f. You must not complete a transaction outside of the Dirty Secrets Boutique process or otherwise seek to avoid Dirty Secrets Boutique’s process fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Dirty Secrets Boutique suspending or terminating your membership at the discretion of Dirty Secrets Boutique.
g. Contracts for the sale of land must be in writing to be legally enforceable.
h. You must not use the Services or the Website to promote items for sale outside the Services.
i. You are responsible for any actions taken through your membership. Dirty Secrets Boutique memberships are not transferable and therefore cannot be sold, leased, lent or traded.
4.2Your obligations as a seller
a. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, as well as stating that items come from a smoker’s house. You must list an item in one category only, which must be the most appropriate category for your item.
b. You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where Dirty Secrets Boutique has approved otherwise in writing. In the case of motor vehicles, you must have a clear authority to sell such vehicles before being able to list them. Vehicles must be in your immediate procession and contain a clear title, unless otherwise stated.
c. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that Dirty Secrets Boutique may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(e) at any time.
d. When you list an item for sale on Dirty Secrets Boutique, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum in an effort not to “double sale” an item. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
e. Dirty Secrets Boutique classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.
f. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Dirty Secrets Boutique listings to promote a business or website other than one for sale in your listing.
g. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
h. You must not manipulate prices through ghost bidding or assuming multiple roles in a single transaction.
i. For sale items, you must sell to the “Buy It Now” buyer or to the “Best Offer” or “Trade” should the buyer click to “Accept” the sale. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
j. You will NOT list any adult rated content (videos, magazines, DVD's, etc) on Dirty Secrets Boutique.
k. Listings are not pre-screened for content. Dirty Secrets Boutique reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
l. You agree to your email address being supplied to the buyer when your auction closes.
m. You must promptly forward the listed item to the successful buyer on completion of the transaction.
n. You must not charge unreasonable amounts for shipping and packaging costs.
o. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of $3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication. Therefore, when listing these items for sale, you must guarantee the item is first-hand and not a replica or illegally “burnt” edition.
p. The sale of firearms and ammunition remotely on Dirty Secrets Boutique is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser's firearms license and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms license of the buyer, or for remote sales must receive written confirmation signed by Police confirming the buyer holds a valid firearm's license. Forms are available at any police station. You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large capacity magazines. You may only sell firearms that are already in the United States. Overseas members may not buy or sell firearms on the site. Only one firearm may be advertised per listing.
q. If you're a motor vehicle trader selling a car online, you must attach to the motor vehicle, a Consumer Information Notice (CIN), in a prominent position on your listing (e.g., through a clear photo) and provide the CIN to the successful buyer. If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. Regardless of whether you are a motor vehicle trader or not, if you are selling a car on Dirty Secrets Boutique, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
r. To help maintain quality listings, Dirty Secrets Boutique reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.
4.3 Your obligations as a buyer
a. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
b. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
c. You must make full and prompt payment for any item you buy.
d. You agree to your username and the amount of your bid being publicly shown on the Dirty Secrets Boutique Website. You also agree to your email address being supplied to the seller when you win an auction.
e. If your bid is successful and you do not pay for the item, you will receive a warning from Dirty Secrets Boutique if the seller complains about you. After 3 such complaints, Dirty Secrets Boutique may suspend or terminate your membership.
f. If you use the Pay Now facility to pay by credit card, you agree to:
attempt to resolve the issue with the Seller first, and if a resolution cannot be obtained you are then to contact PayPal or your credit card service’s resolution center. Dirty Secrets Boutique is not liable, nor responsible, for disputes between the buyer and seller. You must return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.
a. Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. Dirty Secrets Boutique reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
b. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
c. You must not post feedback about yourself or include any contact details or personal information in comment sections of sale items.
d. Feedback to Dirty Secrets Boutique is provided for the sole purpose of facilitating buying, selling or trading between members on the Dirty Secrets Boutique Website. You must not market or export any feedback to any venue other than the Dirty Secrets Boutique Website. Linking to your Dirty Secrets Boutique feedback from other buying and selling websites will be considered a breach of our terms and conditions.
5. FEES AND ACCOUNTS
a. Trade Me Listing Fees and Success Fees
a. Dirty Secrets Boutique charges fees for the use of the Website as a venue.
b. Dirty Secrets Boutique’s current fees are listed in our Selling section.
c. Dirty Secrets Boutique 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.
d. Dirty Secrets Boutique reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party.
e. Before listing an item, you should review Dirty Secrets Boutique Terms & Conditions, Frequently Asked Questions, and Community Guidelines.
f. You must pay the fees immediately upon demand by Dirty Secrets Boutique.
b. Trade Me Accounts
a. Dirty Secrets Boutique does not maintain credit accounts or financial information for the members.
b. You must settle any negative account balance immediately. Dirty Secrets Boutique reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that Dirty Secrets Boutique incurs when collecting that debt.
c. If your membership is terminated Dirty Secrets Boutique will not refund any selling fees. Promotional giveaways of Dirty Secrets Boutique credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
6 GENERAL PROVISIONS
a. System Integrity: Dirty Secrets Boutique will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Dirty Secrets Boutique takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Dirty Secrets Boutique assumes no responsibility for the corruption of any data or information held by Dirty Secrets Boutique.
b. Resolution of disputes: As Dirty Secrets Boutique is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Dirty Secrets Boutique in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
c. Dirty Secrets Boutique Comment Sections/Message Boards: Dirty Secrets Boutique provides Message Boards for the use of Dirty Secrets Boutique members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Dirty Secrets Boutique is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
d. Force Majeure: Without prejudice to clause 2.3(a), Dirty Secrets Boutique has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Dirty Secrets Boutique to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Dirty Secrets Boutique.
e. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
f. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
g. Governing Law: These terms and conditions are governed by the laws of the United States of America. You submit to the non-exclusive jurisdiction of the Courts of the United States.
h. Intellectual Property Rights: Dirty Secrets Boutique (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
i. You may not without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or Commercialize, copy, or on-sell any information, or items obtained from any part of this Website.
j. Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
k. Privacy: Dirty Secrets Boutique collects personal information about you through your use of the Services and the Website, including: your registration details; and information relating to your use of the Website and the content you access.
You agree that Dirty Secrets Boutique may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Dirty Secrets Boutique Limited, our users, or others, for promoting and marketing other Dirty Secrets Boutique products and Services to you, and for any other use that you authorize. You agree to your membership's trading history being published in your feedback. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Dirty Secrets Boutique Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Revenue Department and FBI. You may contact Dirty Secrets Boutique to ask whether information has been provided to government agencies. If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Dirty Secrets Boutique will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings.