Last updated: March 10, 2026

Welcome to Circular Clothing Company (“we,” “our,” or “us”). By accessing or using our online marketplace - including buying, selling, or browsing second-hand clothing, footwear, and accessories (the “Services”) - you agree to be bound by these Terms of Service (“Terms”).

Please read them carefully before using our Services.

1. Overview

Circular Clothing Company (ABN 99 481 502 842), trading as Circular Clothing Co., operates an online platform that connects independent sellers (“Sellers”) and buyers (“Buyers”) of pre-loved fashion items.

Circular provides the technology, payment infrastructure, and support that enables users to transact securely, but we are not the seller or owner of any third-party items listed on the marketplace.

By creating an account or using the Service, you agree to comply with these Terms as well as our Privacy Policy, Seller Guidelines, and Shipping & Dispute Policy (together, the “Policies”).

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

While we aim to provide a reliable platform, Circular does not guarantee uninterrupted access to the Services and may experience occasional technical disruptions.

2. Changes to These Terms

We may update these Terms at any time.
If material changes are made, we’ll notify you through the platform or by email.
Your continued use of the Services after such notice means you accept the updated Terms.
Please check this page periodically to stay informed.

3. Eligibility

You must be at least 16 years old to use Circular.
Users under 18 must have permission from a parent or guardian.
By using our Services, you confirm that:

• You are legally capable of entering into a binding agreement.
  

• You have provided accurate information when creating your account.
  

• You will comply with all applicable laws and these Terms.
  

Business sellers must supply an ABN if they have one and are solely responsible for managing their own tax obligations.

4. Account Registration

To buy or sell on Circular, you must create an account.
You agree to:

• Provide accurate, current, and complete information.
  

• Keep your password secure and confidential.
  

• Notify us immediately if you suspect unauthorized access.
  

We may suspend or terminate any account involved in misuse, fraud, or policy violations.

5. Marketplace Structure

1. Circular facilitates transactions between users but is not a party to any contract of sale between Buyers and Sellers.
   

2. Each transaction is solely between the Buyer and the Seller.
   

   Sellers on Circular may be individuals or businesses, including resellers and independent sellers.

   Where a Seller is operating as a business, your rights under the Australian Consumer Law will apply. Where a Seller is not operating as a business, certain consumer guarantees may not apply in the same way as retail purchases.

   Buyers should carefully review item descriptions, photos, and condition details before purchasing. Sellers are responsible for ensuring listings are accurate and not misleading.

   Nothing in these Terms excludes or limits any rights that cannot be excluded under Australian Consumer Law.

3. Circular does not take possession or title of items listed by third-party Sellers and does not guarantee the quality, authenticity, safety, or legality of any item listed on the marketplace.

4. Items sold directly by Circular (from warehouse-held stock) will be clearly identified as such.
   

5. Sellers are responsible for ensuring all listed items:
   

• Are genuine and owned by them.
  

• Are accurately described, including condition and defects.
  

• Comply with Australian law and Circular’s Prohibited Items list.

6. Payments and Fees

1. Payments are processed securely through Stripe Connect and PayPal, integrated via trusted third-party software.
   

2. Sellers must connect a valid Stripe or PayPal account to receive payouts.
   

3. Circular charges a 12.5% commission on the total order value.

4. Sellers must not manipulate pricing in a way that misrepresents the true value of an item or circumvents marketplace fees.
   
   Circular may withhold payouts or suspend accounts where such behaviour is detected.
   

5. Circular may withhold or delay payouts where:
   

• A dispute or refund is in progress.
  

• Fraud or breach of policy is suspected.
  

• Required by Stripe, PayPal, or Australian law.
  

6. Payment disputes or chargebacks initiated via Stripe or PayPal are subject to those platforms’ terms. However, all marketplace disputes must first be raised through Circular’s internal process.
   
   Circular reserves the right to cancel orders or listings where pricing errors, technical faults, or incorrect item information have resulted in an unintended transaction.
   

7. Shipping and Proof of Dispatch

1. Sellers are responsible for shipping items promptly and securely.
   

2. Proof of shipment, including a valid tracking number, must be uploaded through the Circular platform within the timeframe specified in the order dashboard.
    Proof provided outside the platform will not be accepted for dispute resolution.
   

3. Standard shipping is included in item pricing for orders within Australia and New Zealand. Any alternative shipping arrangements (e.g. express) must be agreed between buyer and seller prior to purchase.
   

4. Sellers are the shipper of record for all third-party listings.
   

5. Circular may ship only items sold from its warehouse-held stock.
   

6. Sellers must comply with all relevant postal, customs, and safety regulations.
   

7. Failure to provide valid proof of shipment may result in withheld payouts or refunds to the Buyer.

8. Once a Seller has provided valid proof of shipment and tracking through the Circular platform, delivery is handled by the postal carrier. Circular is not responsible for delays caused by third-party courier services.

Circular aims to provide a seamless checkout experience across sellers, with no additional shipping charges at checkout for standard delivery within Australia and New Zealand.

8. Returns, Refunds, and Disputes

1. Due to the nature of second-hand goods, all sales are final unless the item is significantly misrepresented or not received.
   

2. Buyers and Sellers must first attempt to resolve any dispute through the Circular platform before escalating externally.
   

3. If a resolution cannot be reached, Circular may:
   

• Refund the Buyer and debit or withhold equivalent funds from the Seller’s connected account; or
  

• Determine the outcome in accordance with our Dispute Policy.
  

4. Circular’s determination is final within the platform but does not affect your rights under the Australian Consumer Law.
   

5. Refunds, where approved, are subject to Stripe or PayPal’s processing timelines.
   
   Any statements, negotiations, or agreements made between Buyers and Sellers through messages or other communications do not override these Terms or the final checkout price and transaction details recorded through the Circular platform.

9. Seller Responsibilities

Sellers must:

• Only list items they legally own and have the right to sell.
  

• Ship orders within the stated timeframe and provide tracking through the platform.
  

• Maintain truthful, clear, and complete item descriptions.
  

• Comply with Circular’s content standards and prohibited items policy.
  

• Pay all taxes applicable to their earnings.
  

• Respond to buyer messages and disputes promptly.
  

• Avoid off-platform transactions, price manipulation, or misleading conduct.
  

10. Buyer Responsibilities

Buyers must:

• Read full item descriptions before purchase.
  

• Pay through the Circular checkout system only.
  

• Not request or accept off-platform sales.
  

• Confirm receipt of items once delivered.
  

• Participate honestly in the dispute process if needed.
  

11. Make an Offer

Circular Clothing Co. may allow Buyers to submit offers on eligible items through the “Make an Offer” feature.

Submitting an offer does not reserve the item. Because most items on Circular are one-of-one, an item may be purchased by another Buyer while an offer is pending.

Offers do not automatically expire. Sellers are encouraged to respond within 48 hours, however they may accept, decline, or ignore offers at their discretion.

Circular Clothing Co. may cancel unresolved offers at its discretion, including where offers remain pending for an extended period.

A transaction is only completed once the Seller accepts the offer and the Buyer successfully completes payment through the Circular checkout system.

Circular Clothing Co. is not responsible for errors, delays, or technical issues affecting offer submissions, notifications, or seller responses.

12. Content and Intellectual Property

1. You retain ownership of photos, text, and other materials you upload (“User Content”).
   

2. By uploading content, you grant Circular a non-exclusive, royalty-free, worldwide licence to use, display, modify, and promote that content for operational and marketing purposes.
   

3. Circular may feature your listings or imagery on its website, social media, or advertising, with credit where practical.
   

4. You warrant that your content does not infringe the rights of others and may be removed if it violates these Terms.

13. Prohibited Conduct

You agree not to:

• Engage in any unlawful, fraudulent, or misleading activity.
  

• Sell counterfeit, stolen, or prohibited goods.
  

• Circumvent platform fees or manipulate pricing.
  

• Transact outside the Circular platform.
  

• Use bots or scraping tools to collect data.
  

• Post defamatory, harassing, or harmful content.
  

• Interfere with Circular’s systems or users.
  

Violations may result in suspension, withheld funds, or permanent termination.

Circular may remove listings, restrict features, or take other actions it reasonably considers necessary to protect the integrity and safety of the marketplace.

14. Fees and Invoices

All seller fees and commissions are automatically deducted from payouts.
Invoices or transaction summaries are available in your seller dashboard.
Fees include GST where applicable.

15. Account Suspension or Termination

We may suspend or terminate your account immediately if:

• You breach these Terms or applicable laws.
  

• Fraud or misuse is suspected.
  

• You attempt to transact outside the platform.
  

You may close your account anytime.
Account closure does not affect obligations arising from previous transactions.

16. Limitation of Liability

To the maximum extent permitted by law:

• Circular is not liable for indirect or consequential losses, including loss of profit or data.
  

• Circular does not guarantee uninterrupted or error-free operation of the Service.
  

• Circular’s total liability for any claim will not exceed the total commission earned on the transaction in question.
  Nothing in these Terms limits your rights under the Australian Consumer Law.

17. Indemnification

You agree to indemnify and hold harmless Circular, its directors, employees, and affiliates against any claim, loss, or expense arising from:

• Your sale or purchase of goods.
  

• Violation of these Terms.
  

• Breach of intellectual property or privacy rights.
  

• Non-compliance with tax or shipping laws.

18. Service Changes

We may update, suspend, or discontinue parts of the Service for maintenance, compliance, or technical reasons. Where feasible, we’ll provide notice in advance.

19. Governing Law

These Terms are governed by the laws of Victoria, Australia, and subject to the Australian Consumer Law. Any disputes may be brought before the courts of Victoria or your local consumer tribunal if applicable.

20. Contact Us

Questions or feedback?
Reach our support team via the Help Centre or email hello@circularclothingco.com.au.

We welcome feedback and may use it to improve the platform without compensation or obligation.