Introduction

Stocktrims is about celebrating everything textiles. It can help you make a unique purchase, give your products access to a world-wide audience, help you turn your stocks into cash, make you part of a vibrant and passionate textile community and even score you a job if that's what you are searching for !

We encourage you to be involved in every aspect of Stocktrims - display stocks, give feedback, write reviews, participate in forums, team up with other members to collaborate on projects, talk to each other and keep an eye out for new services we will continue to add to Stocktrims. Stocktrims is about expressing yourself through textiles, your comments and your purchases.

To make this online destination for textile stocks and services available, it is essential all Stocktrims users respect other manufacturers, service providers and users copyright. Displaying your stock products on Stocktrims puts it out there for the  entire world to see. You need to be aware that publishing your products in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your items through Stocktrims.

Respect each other and you’ll be helping make Stocktrims an inspiring and enjoyable community

It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.

Legal Agreement

All visitors (“user”, “you”, “your”) to the Stocktrims website at https://www.stocktrims.com(“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and Stocktrims Pty Ltd ACN 152 975 543 (“Stocktrims”, “we”, “us”, “our”) and use of this website indicates acceptance of this agreement.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 18 years of age.

Amendment to this agreement

We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Stocktrims or by displaying information about the changes on our home page, or both. Either way, your continuing use of the Stocktrims website will be taken to be acceptance of the new terms.

Our service

Stocktrims provides a range of services (the “Stocktrims service”) including but not limited to, enabling you to publish, sell, discuss and purchase textile related products; interact with other members; and receive the benefits of Stocktrims’s product fulfillment service including payment processing, transaction handling, product manufacturing and customer service. The digital content on the website (“content”) may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by users.

Any content that you upload into the shop section of your account is described as your “stocks”. Your stocks may be viewed by all users of the website once you elect to publish it.. If you or a customer decides to place an order, Stocktrims automatically processes the order between buyer and seller.

Members

A user can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments in forums or reviews. Stocktrims reserves the right to refuse any user name that it decides at its sole discretion is inappropriate. Stocktrims reserves the right to refuse any person that it decides at its sole discretion from becoming member.

Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the Stocktrims website or in the course of delivering the Stocktrims service. We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information.

Passwords

You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

Putting content on Stocktrims

You keep the ownership of any content you submit or upload to the website until sold. In order to receive the Stocktrims services you grant Stocktrims a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.

When you submit or upload content on the Stocktrims website you represent and warrant that:

•if applicable that you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have the right to display, reproduce and sell the content. You license Stocktrims to use and sub-license the content in accordance with this agreement;
•you and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
•you or your content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
•your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
•your content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
•your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions

Stocktrims reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise.

Purchasing a Product on Stocktrims

Users can purchase products on the Stocktrims website using a valid credit or debit card or via the PayPal system.

You have to be a registered member to purchase a product.

The price you pay is fixed at the time of ordering.

You may not cancel an order once it has been submitted.

It is the customer’s responsibility to ensure the product delivery address is correct. Stocktrims takes no responsibility for any product a customer does not receive because of errors in the delivery address given to sellers.

We do not warrant, endorse, make representations about or recommend any content or stock offered or provided by any member.

Payments to Sellers

Payment terms are explained in the fees section.

Sellers may cancel listings prematurely

Despite reasonable precautions, sellers may accidentally publish products at an incorrect price or with incorrect information or list items that may be unavailable. This may be due to an error or similar oversight. Sellers can terminate the listing however they understand that they will be charged the listing and commission fee as if the product had been sold and this is irreversible therefore it is imperative that sellers get it right the first time. 

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.

We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer’s credit card or PayPal account for the amount in question.

Delivery

Delivery mode will be listed by the seller whether it be by postal; courier service; airfreight ; seafreight or other and will be paid for by the customer at the price indicated at time of purchase.

Damaged Goods

If a product is delivered to a customer and it is damaged in any way notification to the seller should be made immediately and an agreeable remedy sought between  buyer and seller. Please email Stocktrims customer service within 14 days of receiving the product to tell us about the nature of the damage and status of remedy. Please be aware Stocktrims is a creator-controlled publishing tool and we do not fully screen the content on our website at all times. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product.

Reporting inappropriate content to Stocktrims

Stocktrims does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website.

You can do this by clicking the "report this work to Stocktrims" link that is displayed on each individual product page.

Specific warnings

You must ensure that your access to this website and the Stocktrims service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the Stocktrims service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the Stocktrims service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Stocktrims service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.

Intellectual Property Rights and license

All intellectual property rights in this website and the Stocktrims service (including the software and systems underlying the Stocktrims service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Australian Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:

•use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
•commercialize any information, products or services obtained from any part of this website

without our written permission.

Trade marks

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

Linked websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Disclaimer

We do not represent or guarantee that the Stocktrims service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Stocktrims service or these websites will be uninterrupted.

You acknowledge that the Stocktrims service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded.

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, suppliers, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Privacy policy

Your privacy is very important to us. Users of our website should refer to our  Privacy Policy– which is incorporated into this agreement by reference, for information about how we collect and use personal information. Except as provided in the Privacy Policy Stocktrims will not sell, rent or disclose your personal information (as defined in the Privacy Policy) to third parties with your explicit consent. Stocktrims stores and processes content on computers securely located in Australia that are protected by physical and technological security.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

No Agency

You and Stocktrims are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

This agreement is governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Arbitration

Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

You may close your account at any time by logging into your account, clicking on the hyperlink titled 'cancel your account', which appears at the following address: http://www.Stocktrims.com/mySTaccount  and by clicking on the button titled 'Yes, really cancel my account' that appears on the subsequent web page.

Severability

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, then such terms will be modified to reflect the parties’ intention and the remaining terms and conditions shall nevertheless continue in full force and effect.