Last updated: 24 August 2026

Welcome to Circular Clothing Co.

These Terms and Conditions (“Terms”) govern your access to and use of circularclothingco.com.au, including our online marketplace, consignment services, accounts, checkout, content and related services (collectively, the “Services”).

Circular Clothing Co. is operated by Circular Clothing Company, ABN 99 481 502 842 (“Circular”, “we”, “us” or “our”).

By accessing or using the Services, you agree to these Terms and our applicable policies. Please read them carefully.

If you do not agree to these Terms, you must not use the Services.

1. About Circular

Circular operates an online resale platform through which second-hand clothing, footwear, accessories and other approved items may be offered for sale.

Items may be offered through one of the following models:

• Circular-managed listings: Items held, processed, listed and fulfilled by Circular or one of our fulfilment partners. These may include items supplied to Circular under a consignment arrangement and stock owned by Circular.

• Independent-seller listings: Items listed and fulfilled directly by an independent marketplace seller using Circular’s platform.

The applicable listing, order or fulfilment information may identify how an item is being sold and fulfilled.

Different terms may apply depending on the transaction type, as explained below.

2. Related Policies and Agreements

These Terms should be read with our:

• Privacy Policy.

• Community Conduct & Safety Policy.

• Returns, Refunds and Disputes Policy.

• Shipping Policy.

• Consignment Terms.

• Prohibited Items Policy.

• Promotional terms, where applicable.

These documents form part of the agreement between you and Circular where relevant to your use of the Services.

If you enter into a separate Consignment Agreement with Circular, that agreement governs the consignment relationship. If there is an inconsistency concerning a consignment, the Consignment Agreement will apply to that inconsistency.

Nothing in these Terms excludes, restricts or modifies a right, guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

3. Eligibility

You must be at least 16 years old to create a general customer account or independently purchase through the Services.

If you are under 18, you may only use the Services with permission from a parent or legal guardian who agrees to be responsible for your use of the Services.

You must be at least 18 years old to:

• Register as an independent marketplace seller.

• Enter into a Consignment Agreement.

• Receive seller or consignor payouts.

• Otherwise enter into a legally binding commercial arrangement with Circular.

Circular may accept an arrangement authorised by a parent or legal guardian at its discretion.

By using the Services, you represent that:

• You have the legal capacity and authority required to agree to these Terms.

• The information you provide is accurate and current.

• You will comply with these Terms and applicable law.

• You are not using the Services on behalf of another person without appropriate authority.

4. Accounts

Some features may require an account.

When creating or using an account, you agree to:

• Provide accurate, current and complete information.

• Keep your login credentials secure and confidential.

• Not share your account or allow it to be used deceptively.

• Notify us promptly if you suspect unauthorised access or activity.

• Keep your contact, payment and payout information current.

You are responsible for activity undertaken through your account except to the extent that the activity resulted from something for which Circular is legally responsible.

We may require additional information to verify your identity, prevent fraud, administer payments or confirm your eligibility to use a feature.

We may restrict, suspend or close an account where reasonably necessary to investigate suspected fraud, protect users, comply with law or enforce these Terms.

5. Circular-Managed Listings

A Circular-managed listing is an item that is held, processed, listed or fulfilled by Circular or one of our partners.

For consigned items:

• The consignor may retain ownership of the item until it is sold, as set out in the applicable Consignment Agreement.

• Circular markets and arranges the sale of the item as the consignor’s agent.

• Circular controls or administers the listing, checkout, customer communication, payment, fulfilment, returns and other operational aspects of the transaction.

• The customer should direct questions, delivery enquiries, return requests and complaints to Circular rather than the consignor.

Circular-managed stock may also include items owned directly by Circular. Where Circular owns an item, Circular sells it directly to the buyer.

Circular will administer customer remedies for Circular-managed orders in accordance with our Returns, Refunds and Disputes Policy and applicable law.

The identity and personal information of a consignor will not ordinarily be displayed to the buyer.

6. Independent-Seller Listings

An independent-seller listing is an item listed and fulfilled directly by a marketplace seller.

For these listings:

• The contract for the sale of the item is between the buyer and the independent seller.

• Circular provides the platform, checkout, payment infrastructure and transaction support but does not ordinarily own or take possession of the item.

• The independent seller is responsible for the accuracy of the listing, lawful ownership of the item, packaging, dispatch and compliance with their obligations.

• Circular may assist with communications, disputes, refunds and enforcement.

An independent seller may be an individual or a business.

Where an independent seller is operating as a business, applicable Australian Consumer Law obligations may apply to their sale. Different consumer-guarantee rules may apply to a private sale by an individual who is not operating as a business.

Nothing in these Terms permits an independent seller to engage in misleading or deceptive conduct.

7. Listings and Item Information

Items sold through Circular are generally second-hand and may show signs of previous use, wear, alteration or age.

Before purchasing, buyers should review:

• The description and photographs.

• The stated size and measurements.

• The condition and disclosed defects.

• The price and delivery information.

• Whether the item is Circular-managed or fulfilled by an independent seller.

We take reasonable steps to present Circular-managed items accurately. However, colours, proportions and other visual details may appear differently depending on lighting, photography and device settings.

Measurements are approximate unless expressly stated otherwise.

Independent sellers are responsible for ensuring their listing information is accurate, complete and not misleading. Circular may edit, supplement, standardise, reject or remove listing content to improve clarity, comply with our policies or protect users.

8. Authenticity and Condition

Sellers and consignors must only submit or list items that they genuinely believe to be authentic and that they legally own or are authorised to sell.

Circular may inspect items, request evidence or remove a listing where authenticity, ownership, safety or legality is questioned.

Unless Circular expressly provides a separate written authenticity guarantee for an eligible item, an inspection or acceptance decision does not constitute an absolute guarantee of authenticity.

Nothing in this section limits a buyer’s rights where an item is counterfeit, materially misdescribed or otherwise fails to comply with an applicable consumer guarantee.

9. Prices, Availability and Orders

Prices are displayed in Australian dollars and include GST where applicable.

Because many items are unique or one-of-one:

• Adding an item to a cart does not reserve it.

• An item may become unavailable before checkout is completed.

• An order is not confirmed until payment is successfully processed and Circular sends or displays confirmation.

We may cancel an order before fulfilment where reasonably necessary, including where:

• The item is no longer available.

• A pricing, listing or technical error has occurred.

• Payment cannot be processed or verified.

• Fraud or unauthorised activity is suspected.

• The item cannot lawfully or safely be supplied.

• The seller cannot fulfil an independent-seller order.

If we cancel an order after payment has been taken, we will provide an appropriate refund.

Discounts, promotions and offers may be subject to additional terms and may be withdrawn or corrected where there has been an obvious error or misuse.

10. Payments

Payments must be completed using the payment methods made available through Circular’s checkout.

Payments may be processed by third-party payment providers. Your use of a payment method may also be subject to the provider’s terms and privacy policy.

You must not:

• Use a payment method without permission.

• Submit false billing or payment information.

• Improperly reverse, dispute or charge back a valid transaction.

• Attempt to avoid Circular’s checkout or applicable fees.

Circular may delay, cancel or review a transaction where reasonably necessary to verify payment, prevent fraud or resolve a dispute.

11. Marketplace Seller Fees and Payouts

Fees, commissions and payout arrangements applicable to independent marketplace sellers will be displayed during seller registration, in the seller dashboard or in applicable seller terms.

Unless otherwise stated:

• Applicable fees may be deducted from amounts payable to the seller.

• Fees include GST where required.

• Payouts may be subject to delivery confirmation, expiry of an applicable return period, fraud checks and dispute resolution.

• Sellers must maintain valid payout information.

Circular may reasonably delay or withhold an independent-seller payout where:

• A refund, return, chargeback or dispute is pending.

• Dispatch or delivery cannot be verified.

• Fraud, unlawful conduct or a breach of these Terms is reasonably suspected.

• Information required to process or verify the payout has not been provided.

• A payment provider or applicable law requires it.

Consignor commission, deductions, GST treatment and payouts are governed by the separate Consignment Agreement rather than this section.

12. Shipping and Delivery

Circular-Managed Orders

Circular or its fulfilment partner will package and dispatch Circular-managed orders.

Tracking information may be provided when available.

Independent-Seller Orders

Independent sellers must:

• Package items appropriately.

• Dispatch orders within the stated timeframe.

• Use an approved delivery method where required.

• Provide valid tracking or proof of dispatch through the method specified by Circular.

• Comply with applicable postal, customs and safety requirements.

Failure to provide acceptable proof of dispatch may result in cancellation, a buyer refund or a delayed or withheld seller payout.

General Delivery Terms

Delivery estimates are estimates only and may be affected by carriers, weather, public holidays, customs, remote locations and events outside reasonable control.

Circular will provide reasonable assistance with delivery issues but does not control third-party postal or courier networks.

Nothing in this section excludes responsibility that Circular, a seller or another party has under applicable law.

13. Returns, Refunds and Consumer Rights

Returns, refunds and disputes are governed by our Returns, Refunds and Disputes Policy and applicable law.

Unless our published change-of-mind policy states otherwise, buyers are not automatically entitled to return an item merely because they:

• Changed their mind.

• Selected the wrong size.

• No longer want the item.

• Found a similar item at a lower price.

However, this does not affect rights where an item:

• Is faulty or unsafe.

• Is counterfeit.

• Is materially different from its description or photographs.

• Does not meet another applicable consumer guarantee.

• Was not received.

Second-hand goods remain subject to consumer guarantees where those guarantees apply, taking account of factors such as the item’s age, price, disclosed condition and nature.

A disclosed defect will not generally entitle a buyer to a remedy merely because of that disclosed defect, but other undisclosed problems may still be covered.

Circular may require reasonable information, photographs or return of an item before assessing or providing a remedy.

14. Disputes and Chargebacks

Buyers, consignors and independent sellers should first contact Circular about transaction concerns so that we have a reasonable opportunity to investigate.

You agree to participate honestly and provide relevant information when requested.

For an independent-seller dispute, Circular may take reasonable action including:

• Requesting evidence from the buyer or seller.

• Requiring the item to be returned.

• Refunding the buyer where appropriate.

• Deducting or recovering an amount from the independent seller where permitted.

• Restricting an account while the matter is investigated.

For Circular-managed orders, Circular will administer the dispute and any applicable remedy.

Nothing in these Terms prevents a person from exercising rights through a payment provider, regulator, tribunal or court. However, knowingly submitting a false or misleading payment dispute or chargeback may breach these Terms.

15. Offers

Circular may allow buyers to submit offers on eligible items.

Submitting an offer does not reserve the item. Another buyer may purchase the item while an offer is pending.

Depending on the listing type:

• Circular may accept, decline, counter or allow an offer to expire for a Circular-managed item.

• An independent seller may accept, decline, counter or allow an offer to expire for their listing.

An offer does not create a completed sale unless it is accepted and any required payment is successfully completed through Circular’s checkout.

Offer availability, expiry periods, minimum amounts and other conditions may be displayed through the applicable feature.

Circular may withdraw or cancel an offer where the item becomes unavailable or where a pricing, payment, technical, fraud or policy issue arises.

16. Independent-Seller Responsibilities

Independent marketplace sellers must:

• Only list items they own or are legally authorised to sell.

• Ensure items are genuine, lawful, safe and permitted under our policies.

• Provide accurate descriptions, photographs and condition information.

• Clearly disclose known damage, alterations or defects.

• Dispatch sold items within the required timeframe.

• Provide valid tracking or proof of dispatch where required.

• Respond reasonably to transaction and dispute enquiries.

• Comply with applicable tax, business, product-safety and consumer-law obligations.

• Not manipulate prices, reviews, transactions, offers or platform fees.

• Not encourage buyers to complete transactions outside Circular.

A seller operating as a business is responsible for identifying themselves accurately and providing an ABN and GST information where required.

17. Buyer Responsibilities

Buyers must:

• Review item descriptions, photographs, measurements and condition information before purchasing.

• Provide accurate payment and delivery details.

• Pay through Circular’s checkout.

• Not request or participate in transactions intended to bypass Circular.

• Inspect delivered items within a reasonable period.

• Raise genuine concerns promptly.

• Participate honestly in return and dispute processes.

• Not misuse refunds, returns, promotions, payment disputes or chargebacks.

18. Consignors

A person submitting items for consignment must agree to Circular’s separate Consignment Terms.

The Consignment Terms address matters including:

• Appointment of Circular as sales agent.

• Ownership and possession of submitted items.

• Acceptance and rejection criteria.

• Inspection, photography and listing.

• Pricing and markdown authority.

• Commission, fees, GST and payouts.

• Customer returns and cancelled sales.

• The consignment period.

• Unsold, rejected or unclaimed items.

• Return, donation, recycling or other end-of-term instructions.

These Terms do not replace the Consignment Terms.

19. Content and Intellectual Property

The Services and their original content—including Circular’s branding, website design, graphics, text, photography, software and listing content—are owned by or licensed to Circular and are protected by applicable intellectual-property laws.

You must not reproduce, distribute, scrape, commercially exploit or create derivative works from that content without permission, except as permitted by law.

You retain ownership of content you submit to Circular.

By submitting content, you grant Circular a non-exclusive, worldwide, royalty-free licence to host, reproduce, edit, adapt, publish, distribute and promote it to the extent reasonably required to:

• Operate and improve the Services.

• Create and manage listings.

• Market items and Circular’s business.

• Publish content through approved marketplaces, social media and advertising channels.

• Investigate disputes or enforce our policies.

You confirm that you have the necessary rights and permissions to submit that content.

This licence continues for content already used in completed listings, transaction records or published promotional materials, but we will consider reasonable removal requests where practicable.

20. Acceptable Use

You must not:

• Use the Services unlawfully, fraudulently or deceptively.

• Submit, list or sell counterfeit, stolen, unsafe or prohibited goods.

• Infringe another person’s intellectual-property, privacy or other rights.

• Harass, threaten or abuse another user or someone working with Circular.

• Manipulate listings, reviews, prices, offers, referrals or transaction records.

• Circumvent or attempt to circumvent Circular’s checkout, fees or safeguards.

• Use bots, scraping tools or automated methods to access or collect information without permission.

• Introduce malicious code or interfere with the security or operation of the Services.

• Impersonate another person or misrepresent an affiliation with Circular.

• Use information obtained through the Services for unsolicited marketing or another unauthorised purpose.

Additional conduct requirements appear in our Community Conduct & Safety Policy.

21. Account Suspension and Closure

We may restrict, suspend or close an account where reasonably necessary because:

• These Terms or an applicable policy has been materially or repeatedly breached.

• Fraud, unlawful conduct or a security risk is reasonably suspected.

• The account creates a material risk to another person or the Services.

• We are required to act by law or a payment provider.

• Information required to verify the account has not been provided.

Where appropriate and reasonably practicable, we may notify you and provide an opportunity to respond.

You may request closure of your account, subject to outstanding orders, consignments, payouts, returns, disputes and legal retention requirements.

Closing an account does not affect rights or obligations arising before closure.

22. Availability and Changes to the Services

We may modify, suspend or discontinue a feature where reasonably necessary for operational, security, commercial, technical or legal reasons.

We do not guarantee that the Services will always be uninterrupted or error-free.

Where reasonably practicable, we will provide notice of a material change that significantly affects existing users.

We are not responsible for temporary unavailability caused by maintenance, third-party systems, internet failures or circumstances outside our reasonable control, except to the extent responsibility cannot lawfully be excluded.

23. Third-Party Services

The Services may rely on or link to third-party services, including payment, shipping, marketplace, authentication and social-media providers.

Those services may be subject to separate terms and privacy policies.

Circular is not responsible for a third-party service merely because it is linked to or integrated with our Services. This does not exclude responsibility Circular has under applicable law.

24. Liability

Nothing in these Terms excludes, restricts or modifies:

• The Australian Consumer Law.

• A consumer guarantee.

• Liability that cannot lawfully be excluded or limited.

To the maximum extent permitted by law, Circular is not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by:

• Your breach of these Terms.

• Inaccurate information provided by you.

• Unauthorised use of your account that was not caused by Circular.

• The conduct of an independent seller or another user where Circular is acting only as the platform provider.

• A third-party service or event outside Circular’s reasonable control.

Where Circular is permitted by law to limit its liability for a failure to comply with a guarantee relating to services, its liability is limited, at Circular’s option, to supplying the services again or paying the reasonable cost of having the services supplied again.

This section is subject to all rights and remedies available under applicable law.

25. Responsibility for Claims

You are responsible for reasonably foreseeable loss suffered by Circular arising directly from:

• Your material breach of these Terms.

• Your unlawful or fraudulent conduct.

• An item you submit or list without ownership or legal authority.

• Content you submit that infringes another person’s rights.

• Your deliberate circumvention of Circular’s payment or transaction processes.

This responsibility will be reduced to the extent that Circular or another person caused or contributed to the loss.

Nothing in this section requires a consumer to compensate Circular for exercising a lawful consumer right.

26. Changes to These Terms

We may update these Terms to reflect changes to the Services, business operations, policies or applicable law.

When we make a material change, we will publish the revised Terms, update the “Last updated” date and provide additional notice where reasonably appropriate or legally required.

Changes will not retrospectively alter a completed transaction or accrued entitlement unless required by law or agreed with the affected person.

Your continued use of the Services after updated Terms take effect will mean the updated Terms apply to your future use of the Services.

27. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be interpreted or severed to the minimum extent necessary. The remaining provisions will continue to apply.

28. No Waiver

If Circular does not immediately enforce a provision of these Terms, that does not mean we waive the right to enforce it later.

A waiver is only effective if confirmed by Circular in writing.

29. Governing Law

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

The parties submit to the courts and tribunals having jurisdiction in Victoria, subject to any right a consumer has to bring a claim in another jurisdiction under applicable law.

30. Contact Us

For questions or concerns about these Terms, contact:

Circular Clothing Co.
Email: hello@circularclothingco.com.au