THE CLOSET — TERMS OF USE

Operated by Preloved Fashion Pty Ltd (ABN 13 630 367 323)
Registered Address: Unit 14, 10 Depot Street, QLD 4014, Australia
Contact: customercare@thecloset.com.au
Last Updated: 28 May 2026

IMPORTANT NOTICE

These Terms contain important provisions that:

  • limit our liability;
  • allocate risk between parties;
  • govern authentication outcomes;
  • regulate consignor obligations;
  • govern abandoned goods and payout reversals; and
  • require dispute resolution before court proceedings.

Please read them carefully.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (“ACL”).

PART A — SITE TERMS OF USE

1. ABOUT THE CLOSET

The Closet is an online luxury resale platform specialising in premium and luxury pre-owned fashion.

We may act as:

  • a consignment agent; or
  • a direct seller where items are purchased outright.

Unless expressly stated otherwise, title to consigned goods remains with the consignor unless ownership transfers under these Terms.

We are not affiliated with, endorsed by, or associated with any designer brands featured on the Site. All trademarks remain the property of their respective owners.

We may also provide services under separate:

  • Consignment Agreements;
  • Seller Guides;
  • Operational Policies;
  • Privacy Policies; and
  • Returns Policies,

which form part of these Terms where applicable.

2. ACCEPTANCE OF TERMS

By accessing, browsing, purchasing from, consigning with, or otherwise using the Site, you agree to these Terms.

If you do not agree, you must not use the Site.

We may amend these Terms from time to time. Continued use of the Site constitutes acceptance of any updated Terms.

3. WEBSITE LINKS

The Site may contain links to third-party websites, resources, or services.

You acknowledge and agree that The Closet:

  • is not responsible for external websites or resources;
  • does not endorse third-party content, advertising, products, or services; and
  • is not liable for any loss arising from third-party websites or services.

Access to third-party websites is at your own risk.

4. ELIGIBILITY & MEMBERSHIP

You must:

  • be at least 18 years old;
  • have full legal capacity;
  • provide accurate information; and
  • comply with applicable laws.

Accounts are non-transferable and you are responsible for all activity occurring under your account.

By creating an account or consigning goods, you warrant that:

  • you are not acting for an undisclosed third party unless authorised;
  • you have unrestricted authority to sell the goods; and
  • all information provided to us is accurate and complete.

We may cancel inactive or unconfirmed accounts at our discretion.

5. ACCOUNT SECURITY

You are responsible for maintaining the confidentiality and security of your account credentials.

You agree that:

  • your login credentials are personal and non-transferable;
  • you are responsible for all activity conducted through your account;
  • we may rely on instructions received through your account; and
  • you must notify us immediately of any unauthorised use or security breach.

To the maximum extent permitted by law, we are not liable for losses arising from unauthorised access caused by your failure to secure your account credentials.

6. ELECTRONIC COMMUNICATIONS

You consent to receiving communications electronically from The Closet, including:

  • agreements;
  • notices;
  • disclosures;
  • account notifications;
  • invoices;
  • newsletters;
  • marketing communications; and
  • updates.

You agree that electronic communications satisfy any legal requirement that communications be in writing.

You may unsubscribe from marketing communications at any time.

7. DEFINITIONS

ACL means the Australian Consumer Law.

Content means all text, graphics, photographs, logos, designs, software, and materials displayed on the Site.

Consignor means any person consigning or selling goods to The Closet.

Fees means any fees, commissions, authentication fees, shipping charges, or other charges displayed by us.

Services means all services supplied by The Closet.

Site means all websites, applications, and platforms operated by us.

You means any user of the Site.

8. ACCEPTABLE USE

You must not:

  • breach any law;
  • upload malicious code;
  • interfere with Site functionality;
  • scrape or reverse engineer the Site;
  • impersonate another person;
  • submit misleading information;
  • infringe intellectual property rights; or
  • use the Site for unlawful purposes.

Automated use of the Site is prohibited without our written consent.

We may suspend or terminate accounts for breaches.

9. PRODUCT INFORMATION

Most items sold on the Site are pre-owned.

We take reasonable care in describing goods, however:

  • colours may vary by screen;
  • measurements may differ slightly;
  • minor signs of wear may exist;
  • sizing and fit cannot be guaranteed; and
  • product images may differ slightly from actual appearance.

Reference retail pricing and strikethrough pricing are estimates only and may not reflect actual retail prices.

Nothing in these Terms limits your rights under the ACL.

10. AUTHENTICATION SAFE-HARBOUR

All authentication assessments are conducted in good faith using commercially reasonable methods, industry expertise, and where appropriate, third-party authentication providers.

Where we state an item is authentic, this represents our professional opinion only and does not constitute a guarantee or warranty.

Brands are not involved in the authentication process and are not affiliated with The Closet.

You acknowledge and agree that:

  • authentication outcomes may involve subjective judgement;
  • counterfeit methods evolve over time; and
  • authentication technologies and processes are not infallible.

Where we determine additional authentication is required, we may engage third-party authentication providers at the consignor’s expense.

Current authentication fees are:

  • AUD $40 per item; and
  • AUD $120 per Hermès item,

subject to change at our discretion.

To the fullest extent permitted by law, we disclaim liability for authentication errors unless caused by our gross negligence or wilful misconduct.

11. PRICING, ORDERS & PAYMENT

All prices are displayed in AUD unless otherwise stated.

Items are not reserved until checkout is completed and payment is received.

Items placed in shopping carts are not reserved and may be removed or purchased by other users.

We reserve the right to:

  • refuse or cancel orders;
  • correct pricing errors;
  • remove listings;
  • cancel promotions;
  • cancel discounts, coupons, or incentives; or
  • issue refunds for cancelled transactions.

Buyers are responsible for:

  • shipping costs;
  • GST, VAT, customs duties, import/export charges; and
  • any applicable taxes associated with purchases.

You must provide a valid payment method.

By submitting payment details, you authorise us and our payment providers to charge your payment method for authorised transactions.

Where permitted by law, we may securely store or update payment information for future purchases.

We may issue receipts and retain transaction records.

12. SHIPPING & DELIVERY

Shipping and delivery services are performed by third-party carriers.

The Closet facilitates delivery arrangements only and is not itself a provider of freight, courier, delivery, or insurance services.

Delivery timeframes are estimates only.

Risk passes upon delivery to the nominated delivery address, subject to rights under the ACL.

We are not liable for:

  • shipping delays;
  • theft in transit;
  • carrier failures;
  • transit damage; or
  • delivery losses,

where caused by third-party carriers or events outside our reasonable control.

Insurance may be offered separately for eligible items.

13. RETURNS & ACL

Our goods come with guarantees that cannot be excluded under the ACL.

You may be entitled to:

  • repair;
  • replacement;
  • refund; or
  • compensation,

where required by law.

Any voluntary change-of-mind return policy is subject to:

  • stated return periods;
  • original condition requirements;
  • tags remaining attached; and
  • compliance with our Returns Policy.

Claims may be required to be lodged through your account or our nominated Resolution Centre process.

Return shipping costs are your responsibility unless otherwise required under the ACL.

Please refer to our Returns Policy for full return conditions.

PART B — CONSIGNMENT TERMS

14. APPOINTMENT AS EXCLUSIVE SALES AGENT

By consigning goods with us, you appoint The Closet as your exclusive sales agent during the applicable listing period.

During the listing period you must not:

  • independently sell the item;
  • remove the item without consent; or
  • appoint another sales agent.

Acceptance of goods does not guarantee listing or sale.

15. SELLER WARRANTIES

You warrant that all submitted goods:

  • are owned by you;
  • are authentic;
  • are not counterfeit or replicas;
  • are free from liens or encumbrances;
  • have been legally obtained;
  • are safe and not subject to recall;
  • do not infringe intellectual property rights; and
  • match any supporting documentation provided.

You indemnify us against all claims arising from breach of these warranties.

16. COUNTERFEIT GOODS

If we reasonably suspect that goods are counterfeit, stolen, unlawful, or otherwise non-compliant, we may:

  • reject the item;
  • remove listings;
  • retain the item pending investigation;
  • destroy the item where lawful;
  • report the matter to authorities; or
  • refuse future consignments.

You indemnify us against all losses arising from counterfeit goods including:

  • refunds;
  • chargebacks;
  • legal fees;
  • authentication costs; and
  • reputational damage.

17. ITEMS ACCEPTED & QUALITY STANDARDS

We accept items strictly at our sole discretion.

Generally accepted categories include women’s luxury and designer:

  • clothing;
  • handbags;
  • shoes;
  • jewellery;
  • accessories;
  • sunglasses; and
  • watches.

Fast fashion brands are not accepted, even if new with tags.

Items must:

  • be freshly laundered or dry-cleaned;
  • be in excellent sale-ready condition; and
  • comply with our current acceptance standards.

We generally do not accept:

  • items originally purchased for less than AUD $150;
  • items purchased new more than three years prior to consignment, unless approved; or
  • prohibited categories determined by us.

We may reject items that:

  • are stained, damaged, altered, faded, or excessively worn;
  • smell of smoke, mould, or perfume;
  • have missing labels;
  • contain broken hardware;
  • show visible ageing; or
  • otherwise fail our quality standards.

Swimwear, intimates, activewear, and sleepwear are accepted only if new, unworn, and where applicable:

  • tags remain attached; and
  • hygiene liners remain intact.

18. ACCEPTANCE & PRICING DISCRETION

We may at our sole discretion:

  • accept or reject items;
  • determine suitability;
  • remove listings;
  • refuse future consignments;
  • determine pricing;
  • apply markdowns;
  • include items in promotions; and
  • determine listing periods.

Consignor-controlled pricing is not permitted.

Discounts and promotions may reduce consignor payouts accordingly.

Pricing guides and payout calculations are estimates only and may change without notice.

19. LISTING PERIODS & MARKDOWNS

Unless otherwise agreed:

  • items may be discounted after approximately 9 weeks; and
  • items may become ineligible for payout after approximately 12 weeks.

Unsold items may thereafter be:

  • returned at your cost;
  • donated;
  • recycled;
  • liquidated; or
  • disposed of.

Where goods are donated or disposed of, they may not be recoverable.

20. PAYMENTS & PAYOUTS

Payments may be made as:

  • cash payouts; or
  • store credit.

Payments are generally processed monthly.

We may delay payouts due to:

  • buyer returns;
  • fraud investigations;
  • disputes;
  • authentication reviews; or
  • suspected unlawful activity.

You may request a sales statement.

21. RETURNS, REVERSALS & OWNERSHIP TRANSFER

If a buyer return, payment reversal, fraud event, chargeback, or authenticity dispute occurs:

Before payout:

  • the sale may be reversed; and
  • no payout will be owed.

After payout:

  • ownership of the item transfers to The Closet;
  • the payout becomes final; and
  • no further compensation will be payable.

We may:

  • reverse pending payouts;
  • recover amounts owing;
  • offset future payouts; or
  • relist returned items.

22. UNSOLD, REJECTED & ABANDONED GOODS

Rejected goods must be collected or return shipping arranged within 7 days unless otherwise agreed.

Unsold goods requiring return must be collected or return shipping arranged within 14 days after the listing period ends.

Where goods remain unclaimed after the relevant period, we may:

  • donate;
  • recycle;
  • liquidate;
  • dispose of; or
  • otherwise treat the goods as abandoned property where lawful.

No compensation is payable for unclaimed goods.

If no preference is selected regarding rejected or unsold goods, goods may automatically be donated.

Once goods have been donated or disposed of, they cannot be retrieved.

23. UPFRONT PURCHASE ITEMS

Where we purchase goods outright:

  • ownership transfers immediately upon payment;
  • payment is final; and
  • items will not be returned.

24. FRAUD PREVENTION & CHARGEBACKS

We may:

  • verify identity;
  • delay transactions;
  • suspend accounts;
  • withhold payouts;
  • recover funds;
  • cancel suspicious transactions; or
  • report suspected fraud.

If a payment is reversed after payout, you agree we may recover amounts through:

  • future payouts;
  • store credit;
  • direct reimbursement; or
  • other lawful recovery methods.

25. PRIVACY

We collect, use, store, and disclose personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

By using the Site, you consent to our handling of personal information in accordance with our Privacy Policy.

26. INTELLECTUAL PROPERTY

All Site content is owned by or licensed to us.

No intellectual property rights transfer to you through use of the Site.

You must not reproduce, distribute, modify, display, publish, or commercially exploit Site content without our prior written consent.

All Site content is provided on an “as is” basis.

27. SERVICE AVAILABILITY

We do not guarantee uninterrupted Site access.

We may modify, suspend, or discontinue services at any time without liability.

28. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • we are not insurers of consignor goods;
  • a bailment relationship exists only to the extent required by law;
  • we owe reasonable care only and not strict liability.

Everything on the Site is provided on an “as is” and “as available” basis.

We exclude liability for:

  • loss of profit;
  • reputational damage;
  • loss of opportunity;
  • indirect loss; and
  • consequential loss.

Our aggregate liability is limited to the greater of:

  • the expected consignor payout; or
  • AUD $100.

Where liability cannot be excluded, liability is limited to:

  • resupplying the services; or
  • paying the cost of resupply.

Nothing in these Terms excludes rights under the ACL.

29. INDEMNITY

You indemnify us, our directors, employees, contractors, and agents against all claims, losses, liabilities, damages, and expenses arising from:

  • breach of these Terms;
  • counterfeit goods;
  • unlawful conduct;
  • breach of warranties; or
  • infringement of third-party rights.

This indemnity survives termination.

30. RIGHT TO REFUSE SERVICE OR FUTURE CONSIGNMENTS

We may refuse service, terminate accounts, or reject future consignments where you:

  • repeatedly submit unsuitable items;
  • provide inaccurate information;
  • attempt to consign replicas;
  • behave abusively; or
  • otherwise breach these Terms.

31. TERMINATION

You may close your account at any time by contacting us.

We may suspend or terminate accounts where reasonably necessary for operational, legal, fraud prevention, compliance, or commercial reasons.

32. DISPUTE RESOLUTION

Before commencing court proceedings:

  1. written notice of the dispute must be given;
  2. parties must negotiate in good faith for 30 days; and
  3. unresolved disputes must proceed to mediation in Queensland.

The parties must either agree on a mediator or accept a mediator appointed by the President of the Australian Mediation Association (or equivalent body).

Mediation costs and mediator fees will be shared equally unless otherwise agreed.

Each party bears its own legal costs associated with mediation.

All dispute negotiations and mediation communications are confidential and without prejudice.

Nothing prevents urgent injunctive or interlocutory relief.

33. GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the exclusive jurisdiction of Queensland courts.

34. GENERAL

  • Invalid clauses are severed.
  • Waivers must be in writing.
  • You must comply with applicable tax laws.
  • Headings are for convenience only.
  • Inconsistencies between these Terms and a signed Consignment Agreement will be resolved in favour of the signed Consignment Agreement to the extent of the inconsistency.