Renascence Studio Terms of Service

The terms and conditions of service constitute the service agreement (The ‘Agreement’) and create a contract between you (“you” or “your”) and Renascence Studio Pty. Ltd. and its affiliates (“Renascence Studio”, “We”, “Us” or “Our”). Please read this agreement carefully.

This website located at https://www.renascencestudio.com.au, referred to as the “Site”, is operated by Renascence Studio. We offer this site, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service/s” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

Our site is hosted on Shopify Inc who provide us with the online e-commerce platform that allows us to sell Products and Services to you.

SECTION 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - Accuracy, Completeness & Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3.1 Website Content Disclaimer

The Site is mainly for information purposes only. All posts and information shared here are individual opinions with no intention to harm or mislead any individual.

(a) We aim to promote awareness among individuals who are interested in ethical and sustainable consumption. This Site makes no representations as to the accuracy or completeness of any information on this website or found by following any links from here.

(b) We will not be liable for any errors or omissions in this information, nor for the availability of this information.

(d) This site in no way attempts to infringe on the copyrights or businesses of other entities. Images and texts are owned by their respective copyright owners.

(e) Where possible, the appropriate credits are given, however, due to image alterations, ownership of many images cannot be verified. Where ownership is known, credit is duly given.

(f) News and press articles are owned by their respective copyright owner and where possible the appropriate credit or source of the article is given.

(g) We strive for accuracy and fairness – If you see something that doesn’t look right, please notify us via support@renascencestudio.com.au

(h) We may suspend or withdraw the Site – Our Site is available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

(i) Should you have an issue on any of the content on this Site, feel free to contact us via support@renascencestudio.com.au

3.2 Copyrighted Material Disclaimer

The products and material contained on this site have been legitimately acquired, therefore reselling items that contain copyrighted material is not an infringement of copyright.

Australian copyright law does not grant copyright owners the exclusive right to control the sale or resale of their copyright material.

Australian Consumer Law (ACL) prohibits anti-competitive behaviour. Brands are therefore not permitted to stop their products being resold as this may be considered anti-competitive behaviour.

SECTION 4 - Modifications to Service & Prices

Prices for our products and services are subject to change at any time and without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - Products & Services

5.1 Product Appearance

We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site.

We cannot guarantee that your computer monitor's display of any colour will be accurate.

Please view product/photos carefully as they form part of the description.

Imperfections, and wear and tear are consistent with age and use, particularly for vintage and antique products. Any significant imperfections will be photographed and described in the Product listing on the Site to the best of our ability.

We encourage you to read all Product and Service descriptions before making a purchase.

If you have any reservations at all please enquire with us about the Product or Service before you make your purchase.

5.2 Limit of Product or Services Offered

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the sale of Products or Services to exclusively online through the Site, or exclusively in store. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

Our Products and Services are subject to the following Returns Policy.

SECTION 6 - Accuracy of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - Optional Tools

We may provide you with access to third-party tools through the site over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - Third Party Links

Certain content, products and Services available via our Site may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - User Comments, Feedback & Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

to maintain any comments in confidence.
to pay compensation for any comments; or
to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - Personal Information

Your submission of personal information through the Site or in store is governed by our Privacy Policy.

SECTION 11 - Mobile Terms of Service

The Renascence Studio Pty. Ltd. mobile message service (the "Service") is operated by Renascence Studio Pty. Ltd. (“Renascence Studio Pty. Ltd.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Renascence Studio Pty. Ltd.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Renascence Studio Pty. Ltd. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Renascence Studio Pty. Ltd.. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Renascence or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Renascence Studio Pty. Ltd. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Renascence or email hello@renascencestudio.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

SECTION 12 - Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

SECTION 13 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose.

(b) to solicit others to perform or participate in any unlawful acts.

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(f) to submit false or misleading information.

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

(h) to collect or track the personal information of others.

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape.

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

SECTION 14 - Disclaimer of Warranties; Limitations of Liability

We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site is at your sole risk.

The Site and all products and Services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall We, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, or Service including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - Indemnification

You agree to indemnify, defend and hold harmless Renascence Studio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and Services (or any part thereof).

SECTION 18 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 20 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - Contact Information

Questions about the Terms of Service should be sent to us at support@renascencestudio.com.au

Our contact information is posted below:

Renascence Studio Pty. Ltd.

ABN: 21 659 311 985

support@renascencestudio.com.au

346 Williamstown Road, Yarraville, VIC. 3013

ANNEXURES

Annexure (A) Terms of Hire

The terms and conditions of hire constitute the hire agreement (The ‘Agreement’) and create a contract between you (“you” or “your”) and Renascence Studio Pty. Ltd. and its affiliates (“Renascence Studio”, “We”, “Us” or “Our”). Please read this agreement carefully.

These terms require the use of arbitration on an individual basis. You must agree to the term and condition of this agreement if you wish to Hire Products from Renascence Studio Pty. Ltd. and by accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the site and use these Services.

Our Terms of Service herein (“TOS”) are incorporated by reference and made a part of this Agreement to which You are agreeing, and such TOS additionally apply to any of Your and Our activities under this Agreement.
Once you accept the agreement, it will remain in effect and govern all transactions between you and Renascence Studio until you or we terminate it pursuant to the TOS.

This annexure contains all the terms and conditions specifically regarding the Rental of Products available for Hire at Renascence Studio.
Through the Hire Service, we aim to give you access to premium designer garments and accessories, stylist advice and other information to help you decide which products are suitable to you.

You agree that the Hire of Products from Us is subject to all TOS herein and our Privacy Policy. These are subject to change from time to time.
You agree that by Hiring Products from Us, ownership of these Products remains with Renascence Studio at all times.

Our Products may be Hired on behalf of a minor dependent by You if you can represent that you are at least the age of majority in your state or place of residence and you have:

(a) Rented the products on behalf of a minor dependent; or

(b) Provided your consent & allow your minor dependent/s to use the site.

By accessing or using any part of the site, you represent that you are the age of majority in your state or place of residence and are authorised to use your chosen method of payment with the purpose of renting the products on the Hire Order.

1. Our Commitment to You

We will deliver the Hired product that you have ordered including the correct size, colour, and style on or before the date you have specified for delivery on your order. Except where we have indicated to you that your request for this is not possible or guaranteed and therefore your Order will be amended.

Our liability to you for failure to deliver a product you have ordered is limited only to timely delivery. If an order is not delivered on time and we have done everything in our power to get it to you on time, a store credit will be issued, minus shipping charges.

2. Payment Terms

The “Hire Fee” for the product/s will be the rental fee, delivery fees and any additional charges listed on the Site in relation to your rental of products.

When you place a Hire Order, you authorise Us to charge your payment method for your Hire Fee. We will charge your Payment method immediately upon receiving your order.

In the event that you fail to uphold your commitment to us as set forth in this agreement, In addition to your Hire Order for a product, you authorise Us to charge your payment method up to an amount to 200% of the entire original retail value of the product as specified in the “RRP” on the Site.

3. Product Fit and Returns

We do not offer refunds or store credits once a Hire Order has been shipped.

3.1 Right Fit

It is your sole responsibility to take all available measures to check that the fit and style of the garment you wish to Hire is suitable for you, including trying-on the garment on for size before placing a Hire Order with us.

All parcels are marked with authority to leave. You understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.

3.2 Contact Information

We do not take responsibility for Hire orders where an incorrect/ineligible address has been provided. If you have supplied an incorrect address, you will not be entitled to a refund of any kind, and you may be liable to pay any late fees or a replacement fee if the Hired Garment is not returned to us.

3.3 Dispatching Your Order

If we have shipped your Hire order on-time, we will take no responsibility if your Hire Order is not delivered to you in time for your event. You will not be eligible for a credit or refund.

3.4 Returning Your Order

Pre-paid return packaging will be provided with your Hire Order. Please ensure that you place your garment/s inside the self-addressed satchel and drop it at your nearest Post Office or YELLOW Express Post Box before 4pm NEXT BUSINESS Day.

If incorrectly posted, you will be required to repay the Hire Fee if it does not arrive back in time to be processed for the following hire.
We will not take responsibility for lost item(s) that were returned using Australia Post boxes.
If you lose the return packaging, we provide you with, it is your responsibility to notify Us immediately, and return the garment via trackable express post. Tracking details must be sent to hire@renascencestudio.com.au prior to posting.
If you return the garment via an Australia Post Outlet (highly recommended) where it will be scanned over the counter as proof of lodgment, then the article will be deemed as returned and we will accept responsibility for the article after the first scan. If you return your dress via an Australia Post Prepaid Satchel and the dress is not scanned and is lost by Australia Post, then you accept responsibility for this loss and will be required to pay the retail cost of the dress.

4. Dry Cleaning

We dry clean, steam and inspect all products with the utmost care prior to each hire, however, use of this product is at your own risk, and We shall not be held liable for any health-related complaints associated with a product rented from our site. Our products have been worn by other consumers prior to your rental.

5. Use of Our Hire Garments

You agree to treat the garment/s with the utmost care. You will not attempt to fit into a dress that is too small for you, you will not attempt to zip up a dress that is too tight and risk damaging the zipper.

Please avoid direct contact with:

Make-up
Fake tan
Sharp objects and Jewellery
Acidic topical cream

6. Damage

If the item is stained and requires specialist or additional cleaning this charge will also be payable by you and payable within seven (7) days of the invoice being issued to you.

6.1 Repair Costs

In the instance where an item is damaged, repair costs will be your responsibility.

If repair costs are higher than the security deposit, or if you have not provided a deposit, you will be liable for the full repair amount and payment must be made to Us within seven (7) days of the invoice being issued to you.

Invoices will be sent by email. If your invoice remains unpaid after the specified due date and an external collection agency is appointed to pursue you for collections, including and without limitation, legal representation and collection fees, you will be charged an additional 20% on top of the total invoice amount.

6.2 Damage Beyond Repair

If any item is damaged beyond repair, you accept full liability and acceptance to be charged the full recommended retail price (RRP) as stated on the site www.renascencestudio.com.au

If we are unable to source a like-for-like replacement for your damaged Hire item, you will be liable for up to 200% of the RRP plus any lost income from pre-booked rentals that would need to be cancelled as a result of the write-off.

If your invoice remains unpaid after the specified due date and an external collection agency is appointed to pursue you for collections, including and without limitation, legal representation and collection fees, you will be charged an additional 20% on top of the total invoice amount.

7. Timely Return of Hired Item/s

You agree to return your garment on or prior to the order return date (or next business day) by 4pm using the prepaid return packaging provided.

If the garment is returned late, you will incur a $30AUD late fee for every day you are late.

If you have not returned your product within 20 days of the return date your product will be considered a non-return and Renascence Studio will charge your payment card for up to 200% of the RRP plus any lost income from pre-booked rentals that cannot be honored by us as a result, less any accumulated late fees that are still owed by you.

If you do not pay the amounts owed to us by the due date, we will refer your debt to a collection agency to pursue you for collections, including and without limitation, legal and collection fees.

8. Service Refusal

Should you breach this agreement We reserve the right to refuse service to You at our own discretion.

9. Insurance

9.1 At Check-Out

We offer an optional insurance premium at checkout. You may choose to accept this option at your own discretion.

Insurance premium paid through Renascence Studio covers You for any damage, repair, alteration or additional cleaning required to a maximum value of $100.00 AUD Inc. GST.

Any additional costs above $100.00 AUD paid by Us to rectify, clean or repair an insured Hire garment will be payable by you.

9.2 Replacement

In the event an insured item requires replacement, you will be liable for 50% of the RRP if you’ve paid the insurance premium for the hire of the damaged garment.

The customer will be liable for full repair & replacement costs (up to 200% of the full RRP) for items not insured through Us.

9.3 Validity of Insurance

You must obtain a lodgment receipt for the insurance to be valid. Insurance does not cover the cost of untracked Hire Orders that have not been received by Us or are lost by Australia Post.

Please note this also includes Hire Orders stated as “not received” when marked as delivered to your address by Australia Post.

All orders are sent as ‘Authority to Leave’ unless signature on delivery is requested in advance by you. In the case of an item not being returned, a minimum of the full RRP plus any cancelled Hire Fees will be charged.

9.4 Third Party Insurance

We do not accept any third-party insurance policies, and you acknowledge and accept full liability and responsibility for the payment of additional monies owed to Renascence Studio by the due date.

10. Cancellation Policy

You may cancel your rental order subject to the following conditions and applicable fees:

(1) If you cancel your Hire Order twenty-one (21) days or more in advance of your delivery date, you will not incur a cancellation fee. Your order will be cancelled, and you will receive a full refund which will be issued to the payment card you used to place the order.

If payment was made through PayPal, you will be liable to cover the PayPal fees and charges in order for a refund to be processed.

(2) If you cancel less than twenty-one (21) days but more than seven (7) days in advance of the delivery date, you will not receive a refund.

You will instead receive a store credit to the value of the cancelled Hire Order amount. The store credit can be applied to Renascence Studio rental/s placed within six (6) months of the Hire Order cancellation date.

(3) If you cancel your Hire Order less than seven (7) days in advance of the delivery date, but prior to shipment please contact hire@renascencestudio.com.au with your reason so that we can determine your eligibility for a store credit.

A store credit will only be issued if We deem your reason to be fair and reasonable.

11. Email

We will use the information from your order to send you email marketing on occasion. We do not however pass on any of your details including your email address to any other companies or corporations. You may opt out of receiving those emails by emailing hire@renascencestudio.com.au

ANNEXURE B

Terms of Consignment/Sales

The terms of conditions of Consignment/Sales form the Consignment/Sales Agreement (“The Agreement”) and create a contract between you (“You” or “Your”) and Renascence Studio Pty. Ltd. and its affiliates (“Renascence Studio”, “We”, “Us” or “Our”). Please read this agreement carefully.

These terms require the use of arbitration on an individual basis. You must agree to the terms and conditions of this agreement if you wish to consign or sell goods with Renascence Studio Pty. Ltd. and by accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the site and use these Services.

Once you agree to this agreement, it will remain in effect and govern all transactions between you and Renascence Studio until you or we terminate it pursuant to Section 5 of this agreement.

Consignees should be aware of and understand our Cancellation & Return policy.

1. Overview; Account Creation

We market and sell luxury designer items, jewellery, watches, art, home goods and other goods.

To sell goods with Us, You first need to provide your contact and payment information.

Once the account is created, You can request that We:

(a) sell the goods that You ship to Us or that We have collected from You (collectively, the “Property”) on a consignment basis (“Consignment”),

(b) subject to Our eligibility requirements, purchase the Property from You (“Get Paid Now”)

(d) transact a combination of Consignment, Get Paid Now, or Trade-In transactions with respect to Your Property.

2. Consignment

(A) Ownership

If You choose Consignment for Your Property, You, not Renascence Studio, will still own the Property (the “Consigned Property”), even after You deliver the Consigned Property to Us.

After We receive the Consigned Property from You, We will send You an email confirming the items of Consigned Property have been received.

Once We have further evaluated, inspected, and authenticated the item(s), we will notify you of the status of Your goods and the list price(s) assigned to those Accepted Goods (as defined in Section 2(b)(ii) below)).

The Accepted Goods will then be processed and listed as available for sale on the Site and, at Our discretion, may also concurrently be displayed and available for purchase at Our Melbourne Store.

Please note that all list prices are determined at Our sole discretion unless We have previously agreed otherwise with You in writing.

(a) Delivery Of Consigned Property; Risk of Loss

(i) We accept the risk of loss or damage to Consigned Property only when:

1. We take physical possession of the Consigned Property, or

2. You use Our approved, pre-paid shipping label and approved method of shipment to ship Your Consigned Property and the label is processed into Our approved shipping vendor’s tracking system and You actually provide the Consigned Property to the vendor (“Approved Transit”).

A “Shipment” means items of Consigned Property that are placed with a carrier or vendor and shipped together under one Approved Transit shipping label.

The timing of all claims is critical especially when we need to follow up with the postal service or courier about damage that was incurred in transit. If claims are lodged outside of the prescribed time frame, you risk having your claim rejected.

(ii) If an item of Consigned Property is damaged, stolen, or lost while in Our possession or during Approved Transit, it will be treated as Sold (as defined in “Title to Property” at Section 2(e) below) and We will pay You a Commission (defined in “Commissions and Payment for Consigned Property” at Section 2(f) below) on that item.

The Commission will be based on the damaged, stolen, or lost item’s estimated Net Selling Price (defined in Section 2(f) below), which will be determined solely by Us.

This payment represents the amount You would have received in the normal course of a sale, less any discounts or promotions applied under this Agreement, and the payment will be processed and paid under the regular schedule of Commission payments as described in Section 2(f) below.

(iii) In the event You request return of an item of Consigned Property, and it is damaged during shipping, You must notify us and then return the damaged item to Us in compliance with Our shipping instructions and at Our expense along with any evidence We request to validate Your damage claim.

If We can validate, and ultimately agree with Your damage claim, We will provide the Commission.

Unless otherwise prohibited by law, this remedy will constitute Your sole remedy and entire recourse against Us for Consigned Property that is damaged, stolen, or lost and is in lieu of any other remedy otherwise available as a matter of law or equity.

(B) Consigned Property Acceptance Conditions

(i) Upon receipt of an item of Consigned Property, We will evaluate it to determine, in Our sole discretion, its quality, value and authenticity based on proof provided by You. The item’s condition will affect the valuation and pricing.

(ii) We only accept Consigned Property that We think is appropriate for resale on the Service. We reserve the right to accept or reject an item for any reason, but generally to be accepted, the Consigned Property must be at a minimum (in Our sole discretion):

1. owned by You; you covenant, represent and warrant that you have all rights, authority and clearances necessary for Us to sell the item on your behalf, and will perform your rights and obligations under our Terms of Service.

2. accompanied by any documents necessary to transfer the ownership of the item to the buyer once sold.

3. in very good to excellent condition;

4. listed in Our current Brand list at the time of evaluation (see our Brands List here) for items currently being accepted);

5. authentic (which means, among other things, that the item is not counterfeit, fake, stolen or subject to any geographic sale restrictions, such as in the case of grey market goods); and

6. consistent with the representations and warranties You make when Your Property is consigned with Us as described in Section 8 below.

(iii) If We decide to reject an item, Renascence Studio may terminate the eligibility of certain item(s) at any time and without advanced notice.

(C) Consignment Period and Return of Property

(i) Subject to termination of this Agreement pursuant to Section 5 hereof, the “Consignment Period” for each item of Consigned Property begins on the date an item is Accepted by Us for Consignment and ends 365 days thereafter, even if this Agreement has been terminated during that time by You or Renascence Studio.

At any time during the Consignment Period, and subject to this provision, You may request in writing that We return any Accepted Item (a “Return Request”), so long as the Accepted Item has not already been Sold.

Once We receive Your Return Request, We will use commercially reasonable efforts to remove the Accepted Item from the Site, and from our Melbourne Store, if applicable, before it is Sold.

1. If Your Return Request is made any time prior to the end of the Consignment Period, We will return the Accepted Item to You and will charge You the costs of return and such costs will be deducted from any pending Commissions You may have with Us (if available).

If You do not have enough pending Commissions available to cover the Costs (as defined below in this Section), We will not return the item to You unless and until You pay for the costs of return prior to shipment. “Costs” of return are equal to:

(a) a fee of $100 per fine art piece and $15 per every other item, which fees reflect Our up-front costs of storing, cataloguing, and photographing the item in preparation for sale, plus

(b) applicable shipping costs.

2. If an Accepted Item has not been Sold and You have not collected Your Property within six (6) months after the end of the Consignment Period, You relinquish all right, title, and interest to such Accepted Item and authorise Us to re-purpose or donate the item to a charity of Our choice without further notice or any compensation to You.

3. If an Accepted Item has not been Sold by the end of the Consignment Period, We will contact You and, at Your option:

(a) return the Accepted Item to You, or

(b) re-purpose or donate the item to a charity of Our choice.

(ii) If at the end of the Consignment Period We are unable, after using commercially reasonable efforts (and in any event within thirty (30) days of Our first attempt), to contact You at the email or physical address We have on file for You any items of Consigned Property may be re-purposed or donated to a charity of Our choice.

(D) Efforts to Sell; Price

(i) As long as You are in full compliance with this Agreement. We will display on the Site (and, at Our sole discretion, display and make available for sale at our Melbourne Store), and will make commercially reasonable efforts to sell the Consigned Property.

(ii) Unless We have agreed otherwise in writing to a specific price at which a specific item must be Sold, We, in our sole discretion, will determine the initial selling price for each item of Consigned Property (the “Initial Sale Price”) based on Our evaluation of that item, together with Our determination of the current resale market price for that item.

The original manufacturer’s suggested retail price of an item, while sometimes listed on the item product description page on Our website, is used as a reference only.

(iii) In order to market and promote the sale of each item of Consigned Property, We may in Our sole discretion apply an immediate discount to the item of Consigned Property, which will affect its Initial Sale Price, unless We have otherwise agreed in writing that such discount is not permitted, or if We have agreed that a discount is permitted only with Your prior written consent.

(iv) We may offer additional discounts and promotions during the Consignment Period, at Our sole discretion and without notice to You, to efficiently market and sell the Consigned Property, unless We have otherwise agreed in writing that further discounts are not permitted, or We have agreed that such discounts are permitted only with Your prior written consent.

(E) Title To Property

You will continue to own and have title to each item of Consigned Property until that item is “Sold” or until the end of the Consignment Period. An item will be considered Sold at the earlier of when:

(i) We sell it to a customer and the Consigned Property is not returned to Us within the period specified in Our then-current Return Policy (see return policy, which may be updated, modified and changed from time to time); or

(ii) it is lost, stolen, damaged, or destroyed while in Our possession.

(F) Commissions And Payment for Consigned Property

(i) Commissions.

We will pay You a Commission on each item of Consigned Property that is Sold. The Commission will be equal to the item’s Net Selling Price (as defined in Section 2(f)(ii) below) multiplied by the applicable Commission Rate (as defined in Section 2(f)(iii) below).

The Commissions You receive for Sales of Your Consigned Property are the sole compensation You will receive under this Agreement for such sales. This Section describes how Commissions are created and when and how they are paid.

(ii) “Commission Window” means for the first Commission Window, the period that begins on the date Your first item of Consigned Property is Sold and ends at the end of the month that is three (3) months after such date and, for subsequent Commission Windows, the three (3) month period that begins on the following day after the expiration of the previous Commission Window.

(iii) “Net Selling Price” means the price at which an item of Consigned Property is Sold, less applicable discounts and promotions and excluding taxes and shipping.

“Net Sales” means the total amount We received from sale of Your Consigned Property within a Commission Window, less applicable discounts and promotions and excluding taxes and shipping. For example, if You had three items of Consigned Property that Sold in a Commission Window whose Net Selling Prices were $5,000, $100, and $4,000, Your Net Sales for that Commission Window would be $9,100.

(iv) Commission Rates.

Renascence Studio Commission Rates used to calculate the commission (the “Commission”) You receive for each item of Consigned Property that is Sold is found HERE (which We may update and modify from time to time).

We may, from time to time at Our sole discretion and without notice to You, for promotional reasons, offer special Commission Rates that apply only to specific item categories, are offered for a specific period of time, or that have other special conditions, or make other changes to its Commission structure and the Commission Rates, such changes to be effective as of the date they are published on the website.

(v) Payments.

We typically process Commission payments on a per transaction basis and once the sale is confirmed, payment has cleared and the goods have been received by the purchaser, We will process Your payment into Your nominated bank account.

The timing of processing and delivering Commission payments will vary. For clarification, please check with Your nominated bank for processing times as clarification on how long it will take for payment to clear into Your account.

Payment processing services for consignment sales and pursuant to Our Get Paid Now program (as set forth more fully in Section 3 below) are subject to our nominated payment processing systems Terms of Service.

By agreeing to these terms or continuing to consign or sell with Us, You agree to be bound by our nominated payment processing systems Terms of Service, as the same may be modified by them from time to time.

As a condition of Us enabling payment processing services through our nominated payment processing service, you agree to provide Us accurate and complete information about You, and You authorise Us to share it and transaction information related to Your use of the payment processing services provided by our nominated provider.

(vi) Your Information.

If you create an account and sell an item with or to Us, You will be required to provide contact, payment, billing, and other information.

All information You provide to Us must be (and must at all times during the term of this Agreement remain) true, accurate and complete. In order to receive Commissions, refunds or other payments, You must provide Us with all necessary information, including but not limited to a valid contact number, email address, postal address, first and last name, and bank account information.

We will not be responsible for communication errors should Your information be inaccurate or incomplete. You are responsible for ensuring that You can receive emails from Us, and We are not responsible for any emails that were not received by You because they were blocked or filtered as spam.

If You fail to provide Us with accurate and up to date information:

We will not be responsible for any misapplied payments or payments sent to a wrong address; and

Any unclaimed funds may be subject to collection by government authorities under applicable unclaimed funds and laws. We have no obligation to You if any of Your unclaimed funds are turned over to government authorities.

(vii) Disputes

If there is a Dispute between You and Us relating to Your Consigned Property, We will have no obligation to pay any Commissions or other amounts due to You, including without limitation, amounts unrelated to the Dispute, unless and until the Dispute is resolved. We may withhold any Commissions due to You (including any due for Sold items of Consigned Property not subject to the dispute) and set off such Commissions in full or partial satisfaction of any amounts You owe to Us.

3. Get Paid Now

Certain items of Property may be eligible for the Get Paid Now option. If You choose Get Paid Now for Your eligible items of Property, You agree to sell and relinquish all right, title, and interest to the items of Property so designated (the “Get Paid Now Property”) to Us for an amount equal to the offer price We communicate to You (the “Offer Price”) as set forth more fully below.

(a) Further Inspection and Authentication; Request for Additional Information

(i) To submit a request for the Get Paid Now option, You must deliver the relevant Property to Us for consideration and provide all relevant information required by this Agreement.

Once we receive Your Property, We will evaluate it to determine, in Our sole discretion, the Property’s condition and authenticity in a manner consistent with the way in which We authenticate Consigned Property.

If We decide not to provide an Offer Communication to You (as defined below) or Accept the Get Paid Now Property for Consignment or Trade-In (as defined below), the Get Paid Now Property will be returned to You consistent with Section 2(c)(i)(1).

(ii) In addition to information provided under Section 2(f)(vi), You may be asked to provide additional documentation and/or information concerning Yourself and/or the Get Paid Now Property, including all documentation or information We request to comply with local, state and federal law.

(b) Determining the Offer Price; Accepting or Rejecting the Offer

(i) If We decide to purchase any of Your Get Paid Now Property, We will determine the Offer Price for each item using factors that We deem to be appropriate. The Offer Price(s) will be communicated to You via either Your MySales page or directly via email (the “Offer Communication”).

The Offer Communication will remain in effect for a period of seven (7) days from the date it is delivered to You, at which time the Offer Communication will be null and void.

(ii) You may accept the Offer Price(s) by designating Your instructions for each item as indicated in the Offer Communication.

(iii) The Offer Communication may provide You with additional options to either

1. Consign the Get Paid Now Property at a stated Consignment price (the “Consignment Offer”) which will be treated as Consigned Property under Section 2 above,

2. Trade-In the Get Paid Now Property in exchange for Store credit in the amount specified, or

3. Request that the Get Paid Now Property be returned to You at the address indicated in Our records. Such return will be at no cost to You and We will insure the Get Paid Now Property for the full value of the Offer Price.

You are responsible for all risk of loss or damage to the Get Paid Now Property until We take physical possession of it; however, if You use Approved Transit, We will assume the risk of loss or damage to the Get Paid Now Property upon Shipment.

(d) Payment for Get Paid Now Property

Prior to payment of an Offer Price, You will be required to sign an acceptance form (“the Final Offer to Purchase”) confirming Your acceptance of the Offer Price for each piece of Property. We will issue payment for the Get Paid Now Property in the amount stated in the Final Offer to Purchase, via the method of payment You provide. Payment processing services are provided as set forth more fully in Section 2(f)(v) above.

(e) All Sales Final

Once you have signed the final offer to purchase, the transaction is complete. All Sales are FINAL. No Refunds, Returns or Credits are permitted.

4. Unauthenticated, Counterfeit, or Stolen Items

We are committed to preventing the sale of counterfeit and unauthentic goods and have an inhouse authentication process to prevent the sale of counterfeit and stolen goods on the Site. However, You are responsible in the first instance for ensuring the authenticity of all items You provide to us.

If We cannot confirm the authenticity of any item of Property You have provided, We may, in Our sole discretion, refuse to accept the item and return it to You.

If We determine at any time that an item is counterfeit, unapproved, allegedly stolen, or offered for sale in an unauthorised geographic market (for example, grey market goods), We will notify You that we have made such a determination and You will have an opportunity to provide proof of purchase or other proof of authenticity, including sales receipts and other indications of origin or provenance acceptable to Us.

We reserve the right, in Our sole discretion, to deny the use of Our Services to any consignor who submits counterfeit items for sale on the Site.

We also fully cooperate with brands seeking to track down the source of counterfeit items and in addition to the rights above, if required by court order or directive of law enforcement, We may reveal to brands the contact information of sellers submitting goods that have been challenged as infringing, unapproved, suspicious, allegedly stolen, or offered for sale in an unauthorised geographic market (for example, grey market goods).

We are subject to laws and regulations relating to claims that items offered to Us or on the Service are counterfeit, have been stolen, or otherwise violate applicable law. We take such reports seriously and will cooperate with law enforcement in all investigations.

5. Termination; Denial of Service

You and We may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice and any applicable costs relating to return of Consigned Property listed under “Consignment Period and Return of Property” at Section 2(c), will apply.

At Renascence Studio, We truly value Our customers and are committed to providing a safe, respectful, and positive experience for You, as well as for the members of Our team. We reserve the right, in our sole discretion, to deny or terminate access to Our services of any customer who engages in prohibited behaviour.

6. No Assignment

You may not assign this Agreement or any interest You have in it without Our prior written consent. Any prohibited assignment is null and void. This Agreement will ensure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns.

7. Disclaimer of Warranties; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR CONSIGNMENT, GET PAID NOW, AND OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT

(a) OUR SERVICES WILL MEET YOUR REQUIREMENTS OR

(b) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH OR FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

RENASCENCE STUDIO PTY. LTD. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:

(d) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES OR THIS AGREEMENT.

IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT WE HAVE ACTUALLY RECEIVED OR PAID AS A RESULT OF SELLING OR PURCHASING YOUR PROPERTY HEREUNDER.

THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF OUR BUSINESS, AND WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

8. Your Representations, Warranties and Indemnification

You hereby represent and warrant that:

(a) You are at least 18 years of age,

(b) You have good and marketable title to each item of Consigned Property, Property and/or Get Paid Now Property and as the legal and equitable owner have full authority to consign and sell the Consigned Property, Property and/or the Get Paid Now Property;

(c) none of the Consigned Property, Property and/or the Get Paid Now Property is subject to any liens or other encumbrances;

(d) neither the Consigned Property, Property nor the Get Paid Now Property includes counterfeit goods;

(e) neither the Consigned Property, Property nor the Get Paid Now Property infringes upon, misappropriates, or violates any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation; and

(f) neither the Consigned Property, Property nor the Get Paid Now Property is from, or the result of, illegal activity, including theft or fraud. With respect to Get Paid Now Property, You further represent and warrant that no transaction initiated by You, including the purchase by Us of the Get Paid Now Property, will cause Us to be in violation of any anti-money laundering, anti-terrorism, or other applicable state or federal law of the United States of America, any state, or any foreign country.

(g) neither the Consigned Property, Property nor Get Paid Now Property is non-operative or with physical damage that inhibits use.

You will indemnify and hold Us harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable legal fees and costs, incurred by Us as a result of or arising in any way out of Our display or sale of the Consigned Property or the Get Paid Now Property, including but not limited to, civil or criminal suits over authenticity or ownership of the Consigned Property or Get Paid Now Property, legality of sales, or copyright or trademark infringement.

9. Governing Law

This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between You and Renascence Studio, whether tort, contract, or statutory, will be governed exclusively by the laws of Victoria, without regard to its conflicts of laws principles (whether of Victoria or any other jurisdiction). Any Dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of Victoria and Australia, respectively. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to this Agreement or any sales or consignments made under this Agreement.

10. Amendments to This Agreement

We may update or change any of the terms and conditions of this Agreement at any time in Our sole discretion upon thirty (30) days’ notice, except as set forth above in “Commissions and Payment” at Section 2(f)(v) above which provides that Commission Rates may be changed by Us at any time and without notice to You and that such change is effective immediately.

You will be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless You terminate this Agreement before the effective date of the revised terms. If You do not agree to any revised terms, Your sole recourse is to terminate this Agreement in accordance with “Termination; Denial Of Service” at Section 5 above before the effective date of the revised terms.

11. Entire Agreement

This Agreement, including Our TOS and any terms, policies, or documents incorporated by reference, sets forth the final, complete, and exclusive agreement between You and Us regarding the subject matter hereof and terminates and supersedes all prior understandings or agreements on such subject matter. Except as expressly set forth in “Commissions and Payment” at Section 2(f) and “Amendments to this Agreement” at Section 10 above, this Agreement may be modified only by a writing signed by You and Us.

In the event there is a conflict between the terms of this Agreement and any terms or documents incorporated by reference, this Agreement will control.

12. No Implied Waiver

Any failure by You or Us to enforce any provision of this Agreement will not constitute a waiver of such provision or of any other provision of this Agreement.

13. Severability

If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such a term were absent upon the date of the execution of this Agreement.

14. Survival of Terms After Agreement Ends

Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on You or Us will survive the termination of this Agreement.

15. Headings

Headings used in this Agreement are provided for convenience only and will not be used to construe meaning or intent.

16. Notices

All notices under this Agreement must be in writing (which includes emails).

If You have any questions or comments about this Agreement, the Service or wish to terminate this Agreement, please contact Us by email at:

consign@renascencestudio.com.au

You also may write Us at:

Renascence Studio Pty. Ltd.

346 Williamstown Road

Yarraville, VIC. 3013

We will provide all notices to You at the email address or physical address that You have provided to Us. You are solely responsible for keeping that information current and accurate.

All agreements, notices, disclosures, and other communications that We provide electronically to You satisfy any legal requirement that such communications be in writing.

17. Dispute Resolution

PLEASE READ THIS ARBITRATION SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS, BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

(a) Scope

For all matters, disputes, or claims between You and Us arising from or related to this Agreement or Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including any dispute about the interpretation or application of this dispute resolution provision or the enforceability, revocability or validity of this arbitration provision or any portion of the arbitration provision (“Disputes”) will be resolved by the processes and procedures described in this Section 17, first amicably and then through final and binding arbitration before a neutral arbitrator instead of in a court. YOU AND RENASCENCE STUDIO PTY. LTD. WAIVE YOUR RIGHTS TO A HEARING AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES RESOLVED IN COURT.

(b) Amicable Resolution

In the event of a Dispute, You and The Renascence Studio will first negotiate in good faith to informally resolve the Dispute. You may notify Us of a Dispute by emailing Us at support@renascencestudio.com.au or by writing a letter to Renascence Studio 346 Williamstown Road, Yarraville, VIC. 3028.

The notice must specifically describe the nature of the Dispute and the relief You seek.

You and Renascence Studio will have sixty (60) days from the date of receipt of such a notice to try to resolve the Dispute (or such a longer period as You and Renascence Studio may agree upon in writing).

If the Dispute is not resolved satisfactorily within sixty (60) days after You or Renascence Studio receives notice from the other party in accordance with “Notices” at Section 16 above, You or Renascence Studio can submit the Dispute to binding arbitration in accordance with the arbitration provisions below.

Except for any controversy or claim properly filed and pursued in small claims court on an individual basis (as explained in “Small Claims Court Option” in Section 17(d) below), any Dispute that remains unresolved after You and The Renascence Studio attempt to resolve it informally will be resolved by binding arbitration brought on an individual basis, in which case either You or We may commence confidential binding arbitration under the terms in this Section 17(c). The arbitration will be administered by the Victorian small claims tribunal, as amended by this Agreement.

The place of arbitration will be determined by the regulator. The arbitration will be conducted by a single arbitrator, selected by the Victorian Small Claims Tribunal in accordance with the applicable rules. The arbitration may be held by teleconference or by video conference unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel, the expense and other pertinent circumstances.

If the parties are unable to agree on a location, such determination shall be made by the arbitrator. The arbitrator’s decision(s) shall be final and binding.

The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award of the arbitrator may be entered as a judgement in any court having jurisdiction.

(d) Small Claims Court Option

If You entered into this Agreement individually, You have the choice to submit any Dispute to VCAT, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration.

(e) Class Action and Litigation Waiver

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL FOR ANY CLAIM SUBJECT TO ARBITRATION. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER SHALL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR APPOINTED BY THE VICTORIAN SMALL CLAIMS TRIBUNAL, PURSUANT TO THE APPLICABLE ARBITRATION RULES, AS DETAILED IN THIS SECTION 17.

(f) Severability.

Should any portion of this Section 17 be deemed unenforceable by the arbitrator or a court of competent jurisdiction, the unenforceable portion will be severed without affecting the remainder of this Section 17, which will remain in full force and effect.

If the severance of any portion of Section 17 results in any claims proceeding on a class or representative basis, those claims will be litigated in court and not in arbitration; the parties agree to stay any litigation of those claims pending the outcome of any individual claims in arbitration.

18. Consignment and Get Paid Now Process Summary

(a) Submit Your items to Us.

(b) You may designate some or all items for Consignment.

(d) Once We have authenticated and evaluated such eligible items, You may receive a Get Paid Now Offer Communication for some or all of Your eligible items directly via email.

(e) We are under no obligation to extend an Offer Price for or to purchase eligible items that do not meet Our acceptance standards in Our discretion.

(f) The Offer Communication will list Your options for each of Your items, either:

(i).accept the Get Paid Now Offer Price for direct deposit,

(ii) accept the Trade In Offer Price for Store Credit

(iii) consign the item at the Consignment Offer stated subject to the terms of this Agreement relating to Consignment; or

(iv) request that the item be returned to You.

(g) For items for which You have accepted the Get Paid Now Offer Price or the Trade In Offer Price, You will receive an additional Final Offer to Purchase for Your signature by email.

(h) You will earn a Commission for items that are Sold to a third party.

(i) Items that cannot be accepted for Get Paid Now, Trade-in, or Consignment will be returned to You.

19. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this Agreement or Your having access to and use of the Service. Except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement.

(a) Holding on to Consigned Property during the Consignment Period

If you choose to keep the Consigned Property in your possession during the consignment period, the following shall apply:

1. You must be contactable during the agreement period, and You must ensure that the Consigned Property can be made available to Us for final processing within 48hrs of receiving notification by us that the Consigned Property has been sold.

2. Throughout the consignment period, You must make every effort to maintain the original condition of the Consigned Property as described and photographed upon entering into this agreement.

3. You must notify Us immediately via email if You become aware of any changes to the Consigned Property; not limited to damage, alterations, loss, theft or any other changes that might void or alter the agreement.

4. If the Consigned Property is returned to Us for purchaser handover but has been found not to be in its original condition as represented in the agreement, this will be deemed a misrepresentation of the Consigned Property and a breach of the agreement.

5. In the event that the original condition of the Consigned Property has changed We will be obligated to notify the purchaser immediately and provide them the option to proceed with or forfeit the transaction.

Should the purchaser forfeit, We reserve the right to bill You for any fees associated with the resolution of the matter, including but not limited to any third-party charges incurred.

If the purchaser proceeds with the transaction and negotiates a reduction in price as a reflection of the changed condition, then the shortfall between the original price and the reduced price must be borne by You. This will be in the form of a deduction from Your payout by the shortfall amount, and any applicable third-party fees.

(b) Circumventing this Agreement

If we find a buyer for your item and you circumvent this sale by selling the consigned goods yourself, or by a third party, this will be considered a breach of this agreement. It will therefore be treated as a sale and the commission will be due and payable to Renascence Studio.

Definitions in these Terms are broad guidelines, more specific condition definitions relating to the category and or type of Products are included on the Site product listing and serve as the effective condition definition for that item.

Condition definitions are subject to change at Our discretion. If you are uncertain about your Item’s condition, please seek guidance by contacting consign@renascencestudio.com.au

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