5.1.    We may, from time to time, offer our Concierge Services, whereby we sell Goods on a Seller’s behalf (Seller’s Good), and the profit (sale price less GST) is split equally between Remi and the Seller (Concierge Service).
5.2.    The Price determined for the Good will be at our sole discretion, taking into consideration (but not limited to) the age, condition, quality, brand and market demand for the Good. We will notify the Seller of the intended price the Good will be sold for. If they do not wish to proceed with selling the Good, the Seller can request the item be returned at their expense.
5.3.    Remi may reject Goods sent in by a Seller and will not be required to provide any reasons as to the rejection. If you have not contacted Remi regarding the Goods within 60 days of providing the goods to Remi, then Remi will deal with the Seller’s Good at their sole discretion.
5.4.    Remi will list the Seller’s Good for 60 days. On expiry of the listing, the Seller will have 7 days to contact Remi with what they want to happen to the Seller’s Good. After 7 days, if there has not been contact from the Seller, the goods become the property of Remi and they may deal with the Seller’s Good at their sole discretion.
5.5.    Remi accepts no responsibility or liability for Goods sold via the Concierge Service.
5.6.    Where a Seller uses the Concierge Service, they acknowledge and agree that we may hold their bank account details on file to arrange payment. This information will be held in accordance with our Privacy Policy.

(6) Communication

6.1.    We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
6.2.    Buyers and Sellers can communicate privately using our private messaging service. Buyers and Sellers must not use the contact details to organise the provision of the goods off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.

(7) Payments

7.1.    In consideration for providing the Platform, we will charge any third-party payment processing fees to the Buyer as set out on the Platform (Payment Fee). You (the Buyer) agree to pay the Payment Fee at the same time you pay the Listing Fees (being the listing price plus the shipping cost).
7.2.    In consideration for providing the Platform, we will charge the Commission to the Seller as set out on the Platform (Remi Fee). The Remi Fee will be deducted from the Listing Fees, and will be paid to us at the same time as the Buyer pays for the Goods through the Platform.
7.3.    As a Seller, the Listing Fees minus the Remi Fee will be deposited in your merchant account as linked in your Account upon payment by the Buyer. The timeframe on this is dependant on the processing through the third-party payment provider and your personal banking processes. 
7.4.    The payment methods we offer for the Fees, the Remi Fees and for the Listing Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
7.5.    You must not pay, or attempt to pay, the Listing Fees, the Payment Fee, or the Remi Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
7.6.    You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
7.7.    We do not store any credit card details (except where you use our Concierge Service as detailed in clause 5), and all payment information is collected and stored through our third-party payment processor.

(8) Refunds and Cancellation Policy

8.1.     All sale of Goods on the site are final.
8.2.    For disputes between Buyers and Sellers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
8.3.    This clause will survive the termination or expiry of these Terms.

(9) Identify verification

9.1.    If we choose to conduct identity verification or background checks on any Buyer or Seller, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Buyer or Seller or guarantee that a Buyer or Seller will not engage in misconduct in the future. Any verification of Sellers on the Platform is not an endorsement or recommendation that the Seller is trustworthy or suitable. You should do your own due diligence before buying goods from a Seller.

(10) Reviews

10.1.    Buyers may review their experience with the Seller on the Platform, including the goods (Review).
10.2.    Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
10.3.    You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
10.4.    You can write a Review about a Seller if you have had an experience with that Seller, which means that (1) you have engaged the Seller through the Platform; or (2) you can otherwise document your interaction with the Seller in relation to the Platform, including via correspondence (collectively referred to as a Buyer Experience).
10.5.    You may not write a review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you may not write a Review about a direct competitor to the Seller that you own, are employed by or work for.
10.6.    Your Buyer Experience must have occurred in the 12 months prior to you writing a Review.
10.7.    You may only write about your own Buyer Experience . You are not permitted to write a Review about somebody else’s Buyer Experience, such as that of a family member or friend.
10.8.    You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Seller to write a Review, you should include information about this in your Review. Incentives include the Seller offering you a gift, reward, discount or advantage for writing a Review about the Seller on the Platform.
10.9.    This clause will survive the termination or expiry of these Terms.

(11) Intellectual Property

11.1.    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
11.2.    We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
11.3.    You must not, without our prior written consent:
(a)   copy, in whole or in part, any of Our Intellectual Property;
(b)  reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c)   breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
11.4.    Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a)   you do not assert that you are the owner of Our Intellectual Property;
(b)  unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c)   you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d)  you comply with all other terms of these Terms.
11.5.    This clause will survive the termination or expiry of these Terms.

(12) Content you upload

12.1.    You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) or by tagging our profile @remionline(Tag).
12.2.    If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms. We agree to only modify User Content to the extent reasonably required by us.
12.3.    You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:
(a)   you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b)  neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
12.4.    We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
12.5.    This clause will survive the termination or expiry of these Terms.

(13) Warranties

13.1.    You represent, warrant and agree that:
(a)   you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b)  there are no legal restrictions preventing you from entering into these Terms; 
(c)   all information and documentation that you provide to us in connection with these Terms is true, correct and complete;  and
(d)  where you are a Seller, you are responsible for complying with all laws, rules and regulations which apply to providing the goods in your Seller Listings.

(14) Consumer Law

14.1.    Subject to any rights you may have under New Zealand consumer laws, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
14.2.    If you are a business using our Platform, you agree and represent that you are using our Platform for the purpose of trade, and we and you both agree that:
(a)    the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the Remi Services and these Terms; and
(b)    it is fair and reasonable that we and you are both bound by these Terms, including this clause.
14.3.    As a Buyer, the goods provided by a Seller may also confer on you certain rights under New Zealand consumer laws.
14.4.    This clause will survive the termination or expiry of these Terms.

(15) Limitations on liability

15.1.    To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: 
(a)   any aspect of the Buyer and Seller interaction including the goods offered by the Seller, the description of the goods requested or offered, any advice provided, or supply and delivery of goods.
15.2.    Despite anything to the contrary, to the maximum extent permitted by law: 
(a)   neither Party will be liable for Consequential Loss;
(b)  each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
(c)   our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees, Service Fees and Listing Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time). 
15.3.    This clause will survive the termination or expiry of these Terms.

(16) Termination or Suspension

16.1.    Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect from the end of your last Listing as a Seller, and immediately as a Buyer
16.2.    These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a)   the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b)  the Defaulting Party is unable to pay its debts as they fall due.
16.3         Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
16.4         Upon expiry or termination of these Terms:
(a)   we will remove your access to the Platform;
(b)  we will immediately cease providing the Remi Services;
(c)   where you are a Seller, you will finalise and send any Confirmed Purchases; and
(d)  where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
16.5.    Where an account has been inactive for 12 months, we may, at our sole discretion, suspend or cancel the account.
16.6.    Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 
16.7.    This clause will survive the termination or expiry of these Terms.

(17) General

17.1.    Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
17.2.    Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
17.3.    Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Buyer, or by a Seller.
17.4.    Conduct: All users of the Platform agree to use the site in a professional, friendly manner, and will not send rude or offensive messaging to another party. Sellers agree that Listings cannot be offensive (for example, include naked photos, derogatory or offensive comments or slogans). Should a user be found to be in breach of this clause their use of the Platform may be terminated pursuant to clause 15.2
17.5.    Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Buyer and us, or a Seller and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the New Zealand Disputes Resolution Centre to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
17.6.    Entire Terms: These Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
17.7.    Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
17.8.    Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their] obligations under it.
17.9.     Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 
17.10.    Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
17.11.    Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Remi Services to you, including on our website or in our promotional material.
17.12.    Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency  relationship between the Parties.
17.13.    Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
17.14.    Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform.

(18) Definitions

18.1.    Commission means the commission payable by the Seller to Remi for the use of the Platform, being 10% of the price of each Good sold plus $2.50 (including GST).
18.2.    Consequential Loss means , whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or,  any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
18.3.    Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
18.4.    Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
18.5.    Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:
Remi Limited (NZCN 8271901)
Email: hello@remi.co.nz
Last update: 27 August 2024