Terms of service

Terms of Use for THEPARKS

These Terms of Use (“Terms”) are effective as of 23 January 2024.

Last updated: 23 January 2024

THEPARKS Pty Ltd ("THEPARKS," "we," "us," or "our") offers a curated selection of products through our website (“Site”), our mobile applications (“Apps”), and any other properties that link to these Terms (collectively, the “Service”).

Users who make purchases are referred to as “Buyers” and users who list items for sale are referred to as “Sellers.” Users may be both Buyers and Sellers within the Services. Within the Service, Sellers are invited to list items by uploading photos, setting a sale price, and detailing the size and condition of the product. Buyers can peruse and elect to purchase items listed for sale on the Service.

Please read these Terms carefully, including the binding arbitration provision under “Dispute Resolution.” This clause will necessitate that any claims against us are submitted to binding and final arbitration, unless you opt out following the procedures described under “Dispute Resolution” or unless a stipulated exception in these Terms applies. Without opting out, you will be limited to pursuing claims against us on an individual basis and not as a plaintiff or class member in any class or representative action or proceeding. You will also be limited to seeking relief (including monetary, injunctive, and declaratory relief) on an individual basis.

These Terms oversee your access to and use of the Service and, except as otherwise specified within these Terms, all Collective Content (as defined below). These Terms constitute a legally binding agreement between you and THEPARKS.

When engaging with certain facets of the Service, you will also be subject to additional terms, policies, or guidelines applicable to such facets of the Service that may be posted on the Site or Apps periodically, including our Privacy Policy, our Fee Policy, our Purchases and Returns Policy, and our Copyright and Intellectual Property Policy. Further terms, policies, or guidelines may also be outlined in our FAQs. All such terms, policies, and guidelines are incorporated into these Terms by reference. We urge you to read all relevant documents thoroughly.

KEY TERMS RELATED TO CONTENT

"Collective Content" means Registered User Content and THEPARKS Content.

"Content" refers to text, graphics, images, music, software, audio, video, information, or other materials.

"THEPARKS Content" signifies all Content that THEPARKS makes available on or through the Service, including any Content licensed from a third party, but excluding Registered User Content.

"Registered User" is an individual who completes THEPARKS' account registration process, as outlined under “Account Registration” below.

"Registered User Content" constitutes all Content that a Registered User posts, tags on their own social media accounts, uploads, publishes, submits, or transmits to be made accessible on or through the Service or related social media.

Certain areas of the Site and Apps, as well as your access to or use of parts of the Service or Collective Content, may have distinct terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a discrepancy between these Terms and terms and conditions posted for a specific area of the Site, Apps, Service, or Collective Content, the latter terms and conditions will prevail with respect to your use of or access to that area of the Site, Apps, Service, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY POSTING ANY CONTENT ON OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE, THE SITE, APPS, OR COLLECTIVE CONTENT.

MODIFICATION

We reserve the right, at our sole discretion and to the fullest extent permitted by law, to modify, discontinue, or terminate the Service, as well as to amend these Terms at any time. Should we update these Terms, we will post the revised document on the Site and may provide notification of the changes through an email notification or a general notice on the Site. Additionally, we will revise the "Last updated" date at the top of these Terms.

We encourage you to periodically review this page and the Terms to stay informed of any updates. By continuing to access or use the Service after these Terms have been modified, you confirm your acceptance of the revised Terms. If you do not agree to the modified Terms, you should discontinue your use of the Service.

ELIGIBILITY

To access or use the Service provided by THEPARKS, you must be at least 16 years old. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may use the Service only under the supervision of a parent or legal guardian and are not permitted to list items for sale through the Service. Parents or legal guardians of users under the age of 18 (or the age of legal majority) assume full responsibility for their ward's use of the Service.

By utilizing the Service, you affirm, warrant, and agree that you have the legal capacity to enter into a binding contract with THEPARKS, you are not prohibited from using the Services under the laws of Australia or any other applicable jurisdiction (for instance, you are not listed on any Australian government's prohibited or sanctioned parties lists), and you will adhere to these Terms as well as all relevant local, state, national, and international laws, rules, and regulations. Furthermore, you agree to facilitate and cooperate with THEPARKS in ensuring compliance with these laws, rules, and regulations, as may be required by THEPARKS.

ACCOUNT REGISTRATION AND SECURITY

To unlock specific features of the Service and to contribute Registered User Content on or through the Service, it's essential to register and create an account (“Account”) with THEPARKS, thereby becoming a “Registered User”. During the registration phase, you will be asked to submit certain information. You commit to providing truthful, current, and comprehensive information during the registration process and to maintaining the accuracy of this information by updating it as needed.

If you have shared your phone number or email address with us during or subsequent to the registration process, you consent to our sending you security codes via text message or email to confirm your identity as a Registered User. We hold the authority to suspend or terminate your Account at our discretion for any reason, which includes but is not limited to the failure to provide necessary information, failure to validate your identity when requested, or if any information submitted during the registration process, or afterward, is found to be incorrect, outdated, or incomplete.

You are accountable for the security of your password and must take all necessary measures to keep it confidential. You agree not to reveal your password to any third parties and to assume full responsibility for all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. In the event of any unauthorized use of your Account, you must immediately inform us by reaching out to our support team.

INTELLECTUAL PROPERTY

You recognize and accept that the Service and Collective Content may feature images and descriptions of fashion items and other content that are protected by copyright, trademark, or other legal protections in Australia and other countries. Except as explicitly stated in these Terms, THEPARKS and its licensors hold all rights, title, and interest in and to the Service and Collective Content, encompassing all associated intellectual property rights. You agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, obscure, or create derivative works based on any protected content within the Service or Collective Content without proper authorization.

All trademarks, service marks, logos, trade names, and other proprietary designations of THEPARKS (the “THEPARKS Trademarks”) used on the Service or Collective Content are trademarks or registered trademarks of THEPARKS. Other trademarks, service marks, logos, trade names, and proprietary designations that appear on the Service or Collective Content may belong to their respective owners. Nothing in these Terms grants you a license to use any THEPARKS Trademarks without our prior written permission specific to each use. All goodwill derived from the use of THEPARKS Trademarks will accrue to our exclusive benefit.

Subject to your adherence to these Terms, THEPARKS grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any Collective Content solely for your personal and non-commercial use. You are not permitted to use, copy, adapt, modify, prepare derivative works from, distribute, license, sell, transfer, publicly display, perform, transmit, or otherwise exploit the Service or Collective Content beyond what is expressly allowed by these Terms. No licenses or rights are conferred upon you by implication or otherwise under any intellectual property owned or controlled by THEPARKS or its licensors, other than the licenses and rights expressly granted in these Terms. Violation of the above may constitute a breach of these Terms and could lead to the immediate revocation of your right to use the Service.

REGISTERED USER CONTENT

Upon becoming a Registered User at THEPARKS, you give us permission to display certain information from your account, such as your username and location. At our sole discretion, Registered Users may be allowed to post, tag, upload, publish, submit, and transmit Registered User Content. By providing any Registered User Content on or through the Service, or by tagging it on social media, you hereby grant to THEPARKS and its licensees a global, irrevocable, perpetual, non-exclusive, royalty-free license, with the right to sublicense, to use, replicate, adapt, modify, distribute, license, sell, transfer, publicly exhibit, perform, transmit, create derivative works from, and otherwise exploit such Registered User Content. This grant does not entail any rights to compensation for the use of your name, image, likeness, attribution, or other moral rights.

THEPARKS does not claim ownership of any Registered User Content, and these Terms will not be construed to limit any rights that you may have to use and exploit your Registered User Content. You bear full responsibility for all Registered User Content that you make available on or through the Service. Consequently, you represent and warrant that: (i) you are the sole and exclusive owner of all Registered User Content that you provide on or through the Service, or you possess all necessary rights, licenses, consents, and releases to grant the rights to such Registered User Content as outlined in these Terms; and (ii) neither the Registered User Content nor your act of providing it, nor the use of the Registered User Content by THEPARKS or its users (or any portion thereof), will infringe, misappropriate, or violate any third party's intellectual property or proprietary rights, or lead to the violation of any law or regulation.

To the fullest extent permissible under law, THEPARKS is not accountable for any removal or failure to remove any of your Registered User Content.

FEEDBACK

At THEPARKS, we highly value and encourage your feedback, comments, and suggestions for enhancing our Service ("Feedback"). You can provide your Feedback by reaching out to us through our designated contact channels. You acknowledge and agree that all Feedback will become the exclusive property of THEPARKS. By providing Feedback, you irrevocably assign to THEPARKS all of your rights, title, and interest in and to the Feedback, which includes, but is not limited to, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights contained within it.

Should we request, and at our expense, you agree to execute any documents and take any further actions as may be reasonably necessary to assist us in acquiring, perfecting, and maintaining THEPARKS' intellectual property rights and other legal protections for the Feedback.

Privacy

You can request a copy of THEPARKS’ privacy policy by emailing us at online@the-parks.com.au

GENERAL PROHIBITIONS

As a user of THEPARKS, you agree not to engage in any of the following activities:

Access or use the Service if you are unable to form legally binding contracts, such as if you are between 14 and 18 years old and have not obtained parental or guardian permission, or if you are temporarily or indefinitely banned or suspended from using our Services. We prohibit usage of our services for personnel under 14. By utilizing the Site or Services, you affirm and guarantee that you are at least 14 years of age.

Post, tag, upload, publish, submit, or transmit any Content that infringes on intellectual property rights; violates laws or regulations; is fraudulent, misleading, or deceptive; defamatory, obscene, or offensive; promotes discrimination, hatred, or violence; or endorses illegal activities.

Use, display, mirror, or frame the Service, including any individual element within the Service, THEPARKS’ name, trademarks, or proprietary information, without our express prior written consent.

Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical systems of our providers.

Probe, scan, or test the vulnerability of our systems or networks or breach security measures.

Circumvent any technological measures implemented to protect the Service or Collective Content.

Access or search the Service or Collective Content through unauthorized means.

Send unsolicited or unauthorized advertising, spam, or solicitations through the Service.

Use hidden text or metadata with THEPARKS trademarks or proprietary information without our express consent.

Use the Service for commercial purposes not permitted by these Terms or for the benefit of any third party.

Forge packet headers or manipulate identifiers to disguise the origin of any message or transmittal sent through the Service.

Attempt to reverse engineer any software used to provide the Service.

Interfere with, or disrupt the access of any user, host, or network, including sending a virus, overloading, or spamming the Service.

Impose an unreasonable load on our infrastructure or disrupt the functioning of the Service.

Collect or store personal data about other users without their consent.

Impersonate any person or entity or falsely state your affiliation.

Violate any applicable laws or regulations.

Engage in any activity that we determine, at our discretion, misuses or negatively impacts the Service.

Encourage or enable others to engage in prohibited activities.

THEPARKS reserves the right to investigate and prosecute violations of these prohibitions to the fullest extent of the law and may involve law enforcement authorities in such prosecutions. While we are not obligated to monitor your use of the Service or review Registered User Content, we reserve the right to do so to operate the Service, ensure compliance with these Terms, or to comply with legal obligations. We may remove or disable access to any Collective Content at any time without notice if we deem it objectionable or in violation of these Terms.

LINKS

The Service may contain links to third-party websites or resources. THEPARKS is not responsible for the availability, accuracy, content, or services of these external sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party websites or resources.

ADDITIONAL RIGHTS AND TERMS FOR APPS

Subject to your compliance with these Terms, THEPARKS grants you a limited, non-exclusive, non-transferable, revocable license, without the right to sublicense, to download and install our Apps on your personal computers, mobile devices, tablets, wearable devices, and/or other devices, solely for your personal use. You may not, except as expressly permitted in these Terms: (i) copy, modify, or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (iii) reverse engineer, decompile, or disassemble the Apps (unless such restrictions are prohibited by applicable law); or (iv) make the functionality of the Apps available to multiple users through any means.

Additional Information: Apple App Store

This section is applicable if you have obtained an App from the Apple App Store or are using the App on an iOS device. Apple has no obligation to provide any maintenance or support services for the App. Should the App fail to comply with any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App to you (if applicable), with Apple having no further warranty obligations concerning the App, to the extent permitted by law.

Apple is not responsible for addressing any claims by you or any third party in relation to the App or your possession and use of it, including but not limited to: (i) product liability claims; (ii) claims that the App fails to meet legal or regulatory standards; and (iii) claims under consumer protection laws. Apple is not responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claims made against your use of the App.

Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

You represent and warrant that (i) you are not located in a country under an Australian/Chinese/U.S. Government embargo, or designated by the Australia/China/U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any Australia/China/U.S. Government list of prohibited or restricted parties. You must also adhere to applicable third-party terms of service when using the App, including these Terms.

FEES

Registration for THEPARKS’ Service is free, but we do charge fees for certain transactions conducted through the Service. Our fee structure is detailed in our Fee Structure, which is an integral part of these Terms.

We reserve the right to modify, suspend, or discontinue any or all of these fees at our discretion, including during promotional events. Any such changes become effective upon their announcement via the Service. Additionally, our Fee Structure may be altered at any time, at our sole discretion, and such changes come into effect following their posting on the Site or upon written notification to our users.

SELLERS

As a seller using THEPARKS’ Service, you agree to abide by our Seller guidelines and policies as detailed in our The Parks Fee Structure, both of which are incorporated into these Terms. You confirm that you possess the legal authority to sell each item you list on the Service and that the photos and information you provide accurately represent the item being sent to us or the Buyer, as applicable.

BUYERS

As a buyer on THEPARKS Service, you agree to our policies as stated in our FAQ. You acknowledge your responsibility to fully review the item listing before making a purchase. For purchases made within Australia, THEPARKS acts as the merchant of record.

Items listed may remain with the seller until a sale is finalized. Therefore, while we assist in resolving disputes and provide assurances as stated in our Assurance of Authenticity, we do not guarantee, to the fullest extent permitted by law: (i) the existence, quality, safety, or legality of advertised items; (ii) the accuracy of sellers’ representations; (iii) sellers’ ability to deliver sold items; (iv) buyers’ ability to pay; (v) the completion of a transaction or return of an item; or (vi) the legal transfer of an item from seller to buyer (or from seller to THEPARKS to buyer).

Please note that information on the Service may at times be inaccurate or incomplete, or appear inaccurate due to your browser or other technology. For instance, the actual colour display on your computer monitor may not be precise. We reserve the right to correct errors and update information without prior notice. We also reserve the right to refuse or limit orders, extend delivery timelines after order acceptance, and/or decline to ship items for any reason. We are not liable for item unavailability or shipping delays.

TERMINATION AND ACCOUNT CANCELLATION

If you violate any of these Terms, THEPARKS reserves the right to suspend, disable, or terminate your Account, or terminate these Terms as they apply to you, at our sole discretion and without prior notice. We also reserve the right to revoke your access to and use of the Service and Collective Content at any time, with or without cause.

Upon registering and creating an Account with the Service, you may choose a name to identify yourself to other Registered Users. However, if we receive complaints from Registered Users regarding the use of a false name associated with your Account, we may, in our sole discretion and without prior notice, suspend or disable your Account or terminate these Terms.

Should we terminate these Terms due to your breach, revoke your access to the Service, or terminate or discontinue the Service, you remain liable for all amounts due under these Terms. You have the option to cancel your Account at any time by contacting THEPARKS.

SURVIVAL

Notwithstanding any other provision of these Terms, any clause of these Terms that imposes or contemplates continuing obligations on you or THEPARKS shall survive the termination of these Terms.

DISCLAIMERS

You acknowledge and agree that your use of the Service and reliance on the Collective Content is at your own risk. The Service and Collective Content are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. THEPARKS explicitly disclaims all warranties, including but not limited to those of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising from the course of dealing or usage of trade. We do not guarantee that the Service or Collective Content will meet your requirements, be uninterrupted, secure, error-free, or that defects will be corrected. THEPARKS does not warrant the absence of viruses or other harmful components in the Service.

THEPARKS may modify the Service at any time without notice and is not liable for any errors or omissions in the Service's content. No advice or information, whether oral or written, obtained from THEPARKS or through the Service, will create any warranty not expressly stated herein.

Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimers may not fully apply to you.

INDEMNITY

You agree to defend, indemnify, and hold THEPARKS and its officers, directors, employees, agents, and representatives harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Collective Content, or your violation of these Terms. We reserve the right to manage the defence of any such claims and negotiate their settlement, and you agree to fully cooperate with us in doing so.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the fullest extent permitted by law, the entire risk arising out of your access to and use of the Service and Collective Content remains with you. To the fullest extent permitted by law, neither THEPARKS nor any other party involved in creating, producing, or delivering the Service or Collective Content will be liable for any compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages, including lost profits, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, arising out of or in connection with these Terms, from the use of or inability to use the Service or Collective Content, or from your conduct or any other person's conduct in connection with the use of the Service.

This includes, but is not limited to, any damages arising from your visit to a venue resulting from the use of the Service, delays or disruptions in the Service, viruses or malicious software obtained by accessing the Service or linked sites, glitches or errors in the Service, damage to your hardware device from the Service, the actions of third parties, or changes to your practices or business as a result of changes to these Terms or our policies.

In no event will THEPARKS's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Service or Collective Content exceed the greater of the amounts you have paid to THEPARKS for the Service in the twelve (12) months prior to the action giving rise to the liability, or one hundred dollars ($100.00 AUD). This limit on liability is a fundamental element of the basis of the bargain between you and THEPARKS.

In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, THEPARKS's aggregate liability will be limited in accordance with these Terms to the fullest extent permitted by law.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related to these Terms will be governed by the laws of New South Wales (NSW), Australia, without regard to its conflict of laws provisions. The exclusive jurisdiction and venue for any action to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights will be the courts located in NSW, Australia. Both you and THEPARKS waive any objection to jurisdiction and venue in such courts.

In the event that the agreement to arbitrate, as outlined under the heading “Dispute Resolution” in these Terms, does not apply to you or a particular dispute, claim, or controversy—either due to your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order—the exclusive jurisdiction and venue for the resolution of such dispute, claim, or controversy will be the courts located in NSW, Australia. Both you and THEPARKS waive any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT

These Terms constitute the complete and exclusive understanding and agreement between you and THEPARKS regarding the Service and Collective Content, and they supersede and replace all prior oral or written understandings or agreements between you and THEPARKS regarding the Service and Collective Content.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and of no effect. THEPARKS may assign or transfer these Terms at our sole discretion and without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

NOTICES

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given by THEPARKS: (i) via email to the address that you provide to us or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

DISPUTE RESOLUTION

You and THEPARKS mutually agree that any disputes, claims, or controversies arising from or related to these Terms, including issues regarding their breach, termination, enforcement, interpretation, or validity, as well as any related use of our Site or Services, will be addressed through binding arbitration. This is except in cases where either party maintains the right to initiate individual proceedings in small claims court or to seek injunctive or other equitable relief in a competent jurisdiction to prevent real or impending violations of intellectual property rights such as copyright, trademark, trade secrets, and patents. It is recognised and agreed upon by both you and THEPARKS that there is a mutual waiver of the right to a jury trial and participation as a plaintiff or class member in any potential class action or representative legal proceedings. Unless there is a joint written agreement by you and THEPARKS, the arbitrator will not amalgamate multiple individuals' claims and will not oversee any form of collective or representative proceedings. This is in line with the commitment to individual and direct resolution of disputes.

Arbitration Rules and Applicable Law. The arbitration process shall be overseen by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with their current rules, except as otherwise stipulated in this "Dispute Resolution" section. The interpretation and enforcement of this section will be guided by the Commercial Arbitration Act 2010 of New South Wales (NSW), ensuring adherence to applicable legal standards and procedures.

Opt-Out Right, Severability, and Changes for THEPARKS

Opt-Out Right: You have the right to opt-out of the arbitration agreement. If you opt-out, neither you nor THEPARKS can require the other to participate in arbitration proceedings. To exercise this right, you must provide written notice within 30 days from the date you first became subject to this arbitration provision. The notice, sent to info@the-parks.com.au, must include your name, address, account email, and a clear statement of your intention to opt-out of the arbitration agreement.

Severability of Arbitration Provisions: If a competent court in New South Wales, Australia, determines that any part of this arbitration agreement is unenforceable as to a specific claim for relief, that claim must be severed from the arbitration and may be litigated in court. Litigation of such claims will be stayed pending the outcome of individual claims in arbitration. The arbitrator will have exclusive authority to resolve disputes related to the arbitration agreement's breach, termination, enforcement, interpretation, or validity. If any part of this section is found to prohibit an individual claim for public injunctive relief, that part will not affect the pursuit of such relief outside of arbitration, while the rest of the section remains enforceable.

Changes to the Dispute Resolution Section: If we make material changes to this section after you first accepted these Terms (or any subsequent changes), you may reject the change by notifying us within 30 days of the change’s effective date by emailing online@the-parks.com.au or by cancelling your account. By rejecting the change or cancelling your account, you agree to arbitrate any disputes with THEPARKS according to this section as of the date you first accepted the Terms. If you reopen or create a new account, you will be bound by the current version of these Terms.

Waiver and Severability for THEPARKS

Waiver: The failure of THEPARKS to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any right or provision of these Terms is waived, it will only be effective if agreed in writing and signed by an authorized representative of THEPARKS. The exercise by either party of any remedies under these Terms is without prejudice to their other remedies under these Terms or otherwise available by law.

Severability: Should any provision of these Terms be found invalid or unenforceable by a court of competent jurisdiction in New South Wales, Australia, such provision shall be modified to reflect the parties' intention or severed from these Terms if modification is not possible. This shall not affect the validity and enforceability of any remaining provisions.

Inquiries: For any questions regarding these Terms or services provided by THEPARKS, please reach out to us via our contact information provided on our website or through the customer service contact points.

 

Fee Structure for THEPARKS

• Begin by emailing your listings to online@the-parks.com.au. Please include the style name, SKU, and size.
• We will discuss and agree on pricing with you. Once this is done, please bring your item in for inspection and authenticity check.
• THEPARKS ONLY accept, original, authentic and genuine items. 
• All items must be in brand new condition, or dead stock (DS) condition, complete with original tags and packaging.
• Our authentication team will inspect all items for consignment before acceptance.
• The negotiated sale price includes a 15% consignment service fee (applied unless otherwise agreed upon for a specific sale amount).
• We will provide you with an email record of your consignment items, along with all details regarding payouts once your items are sold.
• THEPARKS reserves the right to refuse any items for consignment.

Managing Your Consignment Items:

• We cannot guarantee a specific timeline for the sale of your consigned items.
• For price adjustments or to withdraw your consigned items, please contact us at online@the-parks.com.au.
• We are not liable for incorrect bank details provided by you. A dishonour fee of $10 will apply for reprocessing payments.
• Please be aware that there is no warranty for consigned items sold or purchased, either in-store or online, to the fullest extent allowed by law.
• All sales are final for any consigned item transactions.
• Shoes/Sneakers sold that are over 6 years old are deemed non-wearable and are intended solely for collection or sole-swapping purposes.

Liability Limitation:

• THEPARKS is not liable for any damages, including general, special, incidental, or consequential damages arising from the use or inability to use items sold or purchased or information provided, both in-store and online. This includes, but is not limited to, losses sustained by you or third parties, even if advised of the possibility of such damages.

Disclaimer of Warranties:

• The website and all services provided, including items sold or purchased, are offered “AS IS” and “AS AVAILABLE” without any kind of warranty, express, implied, or statutory. You bear all risks associated with the use of our website, App, and services. This includes any reliance on the accuracy, completeness, or usefulness of any materials available through our website and App. To the extent permitted by law, THEPARKS disclaims all warranties related to the website, App, and services, including but not limited to non-infringement, merchantability, fitness for a particular purpose, and title.
• THEPARKS does not guarantee that the website and the App will be error-free or uninterrupted, that information obtained will be accurate, complete, or reliable, or that the quality of the website will meet your expectations. Any errors or defects are not guaranteed to be corrected.
• We make no promises regarding the reliability, accuracy, or quality of any communication posted on the website. The entire risk regarding the quality and performance of items sold or purchased lies with you. Should any items prove defective, you are responsible for all necessary servicing, repair, or correction.
• THEPARKS reserves the right to refuse any items.

Note: This policy is subject to change, and customers are advised to review it periodically.