Terms and Conditions for Buyers and Browsers
Company Details: ABCH Pty Ltd (ACN 613 052 154)
Address: Unit 4, 41-59 Sims Street, West Melbourne, Victoria, Australia
Please read these terms and conditions carefully before using our marketplace. By accessing or using the Circular Sourcing platform, you agree to be bound by these terms.
You must be at least 18 years of age to use this platform.
1. Definitions
- "Platform" means the Circular Sourcing website and marketplace
- "Seller" means any vendor listing materials for sale on the Platform
- "Buyer" means any registered user purchasing materials from Sellers
- "Browser" means any visitor viewing the Platform without making purchases
- "Materials" means surplus, deadstock, or circular textiles and fabrics listed on the Platform
- "Swatches" means small fabric samples provided by Sellers to Buyers
2. Contract Formation
When you place an order through the Platform:
- Your order constitutes an offer to purchase materials from the Seller
- A binding contract is formed when the Seller accepts your order and payment is processed
- We act as a facilitating platform between Buyers and Sellers
- The contract for sale is directly between you and the Seller
3. Account Registration
To make purchases on the Platform, you must:
- Create an account with accurate and complete information
- Be at least 18 years of age
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities conducted through your account
4. Business Account Benefits
Buyers who register as a Business Account (with valid ABN) receive:
- 10 free swatches per month to help assess material quality before purchasing
- Access to bulk purchasing options
- Priority customer support
- Invoicing options for business transactions
Note: Free swatch allocation resets monthly and cannot be carried over to subsequent months.
5. Buying Procedure
5.1 Swatch Requests
- Buyers may request swatches from Sellers before purchasing
- Swatch availability is at the Seller's discretion
- Business Account holders receive 10 free swatches per month
- Additional swatches may incur charges as set by the Seller
5.2 Product Information
- Material descriptions, photos, and specifications are provided by Sellers
- We recommend reviewing all product details and requesting swatches before purchasing
- Circular Sourcing is not responsible for the accuracy of Seller-provided information
5.3 Pricing and Payment
- All prices are displayed in Australian Dollars (AUD) unless otherwise stated
- Prices include GST where applicable
- Payment must be made through the Platform's secure payment system
- We accept major credit cards and other payment methods as displayed at checkout
6. Security and Privacy
- Your personal information is handled in accordance with our Privacy Policy
- Payment information is processed securely through encrypted connections
- We do not store complete credit card details on our servers
- You are responsible for maintaining the confidentiality of your account password
7. Delivery and Shipping
- Sellers are responsible for shipping materials to Buyers within 3 business days
- Delivery timeframes vary depending on Seller location and shipping method
- Shipping costs are calculated at checkout and are the Buyer's responsibility
- Risk of loss passes to the Buyer upon delivery to the carrier
- Buyers must inspect materials upon receipt and report any issues within 48 hours
8. Cancellation and Refund Policy
8.1 15-Day Return Policy
- Buyers may return materials within 15 days of delivery for a full refund
- Materials must be in original condition, unused and uncut
- Buyer is responsible for return shipping costs unless the material is faulty or not as described
- Refunds will be processed within 7 business days of receiving returned materials
8.2 Order Cancellation
- Orders may be cancelled before the Seller ships the materials
- Contact the Seller directly through the Platform messaging system to request cancellation
- Once shipped, standard return policy applies
8.3 Faulty or Misdescribed Materials
- Materials not matching the description or containing undisclosed faults may be returned for a full refund
- Please refer to our Fabric Faults Policy for fault tolerance standards
- Report issues within 48 hours of delivery with photographic evidence
9. Disclaimers
- Circular Sourcing acts as a marketplace platform facilitating transactions between Buyers and Sellers
- We do not manufacture, own, or control the materials listed by Sellers
- Material quality, accuracy of descriptions, and suitability for purpose are the Seller's responsibility
- We recommend requesting swatches and asking questions before purchasing
- The Platform is provided "as is" without warranties of any kind
- We do not guarantee continuous, uninterrupted access to the Platform
10. Intellectual Property
- All content on the Platform (excluding Seller listings) is owned by Circular Sourcing or licensed to us
- You may not reproduce, distribute, or create derivative works without our permission
- Sellers retain ownership of their product images and descriptions
- By using the Platform, you grant us a license to use any content you submit (e.g., reviews, comments)
11. Indemnification
You agree to indemnify and hold harmless Circular Sourcing, ABCH Pty Ltd, and our officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Platform
- Your violation of these Terms and Conditions
- Your violation of any rights of another party
- Disputes between you and Sellers
12. Limitation of Liability
To the fullest extent permitted by law:
- Circular Sourcing shall not be liable for any indirect, incidental, or consequential damages
- Our total liability shall not exceed the amount paid by you for the specific transaction in question
- We are not liable for disputes between Buyers and Sellers
13. Governing Law
These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.
14. Changes to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform after changes constitutes acceptance of the modified terms.
15. Contact Information
For questions about these Terms and Conditions, please contact us at:
Last Updated: December 2024