This agreement governs your use of the OzSale platform, accessible at https://www.ozsale.com.au/
and/or the NZSale platform, accessible at https://www.nzsale.co.nz/
and as mobile applications available on the Apple iOS Store and the Google Play Store (each, as applicable, a Platform
If you are located in Australia, this agreement is between you and OZSALE PTY. LIMITED ABN 11 118 610 987 (OzSale). If you are located in New Zealand, this agreement is between you and NZSALE LIMITED NZBN 9429032200874 (NZSale). In either case, in this agreement we will refer to you as "you" or "Shopper" and we will refer to either Platform as "we", "us" or "our".
When we talk about "Users" in this agreement, we are referring to anyone using the Platform either to buy or to sell Goods.
When we talk about "Sellers" in this agreement, we are referring to Users who register for a Seller Account and/or offer to sell goods or services through the Platform. A different set of terms and conditions is in place between us and the Sellers.
When we talk about the "Goods" in this agreement, we are referring to the goods the Sellers sell via the Platform.
When we talk about the "Services" in this agreement, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated introductory services we offer.
When we talk about a "Listing" in this agreement, we are referring to a listing that a Seller uploads to offer to provide Goods via the Platform.
If you access or download our mobile applications from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
The remainder of this agreement is divided into three parts:
- • Part A, which sets out terms that apply to your general use of the Platform; and
- • Part B, which sets out additional terms that apply specifically to you shopping for Goods on the Platform; and
- • Part C, which sets out the terms under which we sell goods directly to Shoppers.
Part A Using the Platform
(a) The Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
(i) have not been suspended or prohibited from using the Platform; and
(A) over the age of 18 years and accessing the Platform for personal use; or
(B) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
(c) You acknowledge and agree that some items sold through the Platform, including but not limited to, knives or alcohol, may only be available to Users over the age of 18.
(d) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then "you" and "User" means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
(e) Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
(f) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(g) We reserve the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(h) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3 USER OBLIGATIONS
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform' security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including:
(i) you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and
(ii) you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by us;
(d) not to act in any way that may harm the reputation of OzSale or NZSale or associated or interested parties or do anything at all contrary to the interests of OzSale, NZSale or the Platform;
(e) you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without our express written consent;
(f) that OzSale or NZSale may change any features of the Platform, or the Services or Goods offered through the Platform at any time without notice to you;
(g) that information given to you through the Platform, by OzSale, NZSale or another User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that we may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4 POSTED MATERIALS
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
(a) You grant to us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.
(c) You indemnify us against all damages, losses, costs and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
(a) We act as a passive conduit for the online distribution of Posted Material and have no obligation to screen Posted Material in advance of it being posted. However, we may, in our absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
5 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
We will have no liability or obligation to you if:
(a) a Seller cancels at any time after the time for performance of the Listing is agreed; or
(b) for whatever reason, including technical faults, the Goods cannot be provided,
and you will not be entitled to any compensation from us.
6 ONLINE PAYMENT PARTNER
We use third-party online payment partners, including Stripe, PayPal, VISA, Mastercard, AfterPay, ApplePay, GooglePay, Zip Pay, Klarna
, Humm and Latitude Pay (Online Payment Partners
) to collect payments on the Platform, including for our Services.
(b) The processing of payments by the Online Payment Partners will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the applicable Online Payment Partners.
(c) You agree to release us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of an Online Payment Partner, including any issue with security or performance of an Online Payment Partner's platform or any error or mistake in processing your payment.
(d) We reserve the right to correct, or to instruct our Online Payment Partners to correct, any errors or mistakes in collecting your payment.
7 SERVICE LIMITATIONS
The Platform are made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
8 INTELLECTUAL PROPERTY
(a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from us or as permitted by law.
(c) In this clause 8, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia, New Zealand and throughout the world.
9 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
10 THIRD PARTY TERMS
(a) Any Service that requires us to acquire goods and services supplied by a third party on behalf of the Shopper (including an Online Payment Partner) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing us to acquire the goods or services on the User's behalf, the User will be taken to have agreed to such Third Party Terms.
11 DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to us via firstname.lastname@example.org
. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) We reserve the right to hold funds in relation to a dispute until the dispute is resolved, either by us or the relevant parties. We reserve the right to make a decision on any dispute between Users escalated to us and such a decision will be final. Where we make a decision on a dispute between Users, we will disperse funds held by us as we see fit, including by providing a Shopper a refund.
(d) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(e) If you have a dispute with us, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(f) Notwithstanding any other provision of this clause 11, either you or we may at any time cancel your Account or discontinue your use of the Platform.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(a) (Introduction service) The Platform is a medium that facilitates the introduction of Shoppers and Sellers for the purposes of buying and selling Goods. We simply collect a service fee in consideration for providing this introduction service and do not have any obligations or liabilities to, and are not parties to any contract between, Shoppers and Sellers in relation to such Goods or otherwise resulting from the introduction.
(b) (Limitation of liability) To the maximum extent permitted by applicable law, OzSale and/or NZSale exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform. This includes the transmission of any computer virus.
(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth) and Consumer Guarantees Act 1993 No 91) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(d) (Indemnity) You agree to indemnify OzSale and/or NZSale and their employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':
(i) breach of any term of this agreement;
(ii) use of the Platform; or
(iii) your provision or receipt of Goods from another User.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will OzSale and/or NZSale be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any goods and/or services provided by any User (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) and/or Consumer Guarantees Act 1993 No 91.
(a) no information owned by us, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other Users on these Platform are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
16 NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) this agreement is between you and OzSale and/or NZSale and not with Apple. Apple is not responsible for the Services or any content available on the Services;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
(c) in the event of any failure of OzSale and/or NZSale to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be OzSale and/or NZSale's responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(e) in the event of any third party claim that the Services or your use of the Services infringes any third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting'" country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with applicable third party terms of this agreement when using the Services; and
(h) Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
(a) We reserve the right to terminate a User's access to any or all of the Platform (including any Account, Listings and other memberships) at any time without notice, for any reason.
(b) In the event that a User's Account, access or membership is terminated:
(i) the User's access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
(iii) the User may be unable to view the details of all Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.
(c) Users may terminate their Account or membership on the Platform at any time by
using the Platform' functionality where such functionality is available. Where such functionality is not available, we will effect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your Account or membership or this agreement, the provisions of Part A and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
If you are located in Australia, you are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and OzSale will not be held accountable in relation to any transactions between Shoppers and Sellers where tax related misconduct has occurred.
If you are located in New Zealand, you are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and NZSale will not be held accountable in relation to any transactions between Shoppers and Sellers where tax related misconduct has occurred.
If you are located outside of Australia or New Zealand, OzSale or NZSale, as applicable, may collect and pay your taxes.
19 RECORD / AUDIT
To the extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and to produce these records in the event of any legal dispute involving OzSale and/or NZSale.
A notice or other communication to a party under this agreement must be:
(a) in writing and in English; and
(b) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(c) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
21.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
21.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
21.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to $, or "dollar", is to New Zealand currency, unless otherwise agreed in writing.
Part B Shopping on the Platform
1 LISTINGS AND FEES
You acknowledge and agree that:
(a) if you accept a Listing, that will constitute your entry into a contract with the Seller;
(b) for each Listing you respond to, you must pay the amount quoted to you by the Seller (Sales Price), which will be debited from your Account and we will keep a service fee which will be a percentage of the Sales Price and not an additional fee to you (Service Fee). We will transfer the balance of the Sales Price minus the Service Fee (Sellers' Fee) to the Seller; and
(c) once you have paid the Sales Price and such payment is received by us, the accepted Listing becomes an order (Order). Any terms and conditions relating to Goods or Orders (and any associated services) or a quote provided via the Platform are solely between you and the Seller and do not involve us in any way, except that they must not be inconsistent with either party's obligations under this agreement.
(a) (Payment obligations) Unless otherwise agreed in writing with the Seller you must pay for all Goods specified in a Listing prior to the Seller providing those Goods.
(b) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Seller, you will then have the option of purchasing the relevant Goods at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) We will have no liability or obligation to you if a Seller cancels a Listing or Order at any time after you have accepted it and you will not be entitled to any compensation from us, including any portion of the Service Fee.
(b) If you wish to cancel an Order before the Seller has fulfilled the requirements specified in the relevant Listing, you must contact the Seller. If we decide to investigate your cancellation, you must provide assistance and information to us as reasonably requested.
(c) If you cancel an Order, whether the Sellers' Fee paid to the Seller is refundable to you in respect of that Order will depend on the cancellation policy and refund policy of the Seller.
(d) The Service Fee is by default non-refundable. However, we may, in our absolute discretion, issue refunds of the Service Fee in certain circumstances.
4 RETURNS & EXCHANGES
(Change of mind return
) We understand that you may not have the opportunity to inspect or test the Goods before purchasing. For this reason, the Seller will accept change of mind returns on all Goods that comply with our 14-day Change of Mind/Returns Policy
, provided that:
(i) you make a request for such a return within 14 days of receiving the relevant Goods; and
(ii) return the Goods to the Seller in their Original Condition at your cost.
For all change of mind returns, you will be provided with a refund at the amount the Goods were purchased for.
Your consumer guarantees under Competition and Consumer Act 2010
(Cth) and Consumer Guarantees Act 1993 No 91
do not apply where you have simply changed your mind about the Goods. You should check our Change of Mind/Returns Policy
before purchasing from us, to check which products are covered under this clause 4(b).
(b) (Defective goods) You acknowledge and agree that the Seller's own defective goods policy will apply to any claim that Goods are defective. If you believe that your Goods are defective, please contact the Seller directly.
5 LINKED BUSINESSES
You acknowledge and agree that:
(a) the Platform provides links and introductions to Sellers owned and operated by third parties that are not under our control;
(b) we simply facilitate an introductory service and such introduction does not imply any endorsement or recommendation by us of any Seller;
(c) we do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
(d) any terms and conditions relating to a good or service, Listing or quote provided via the Platform constitutes a contract between you and the Seller and does not involve us in any way.
6 COMMUNICATION OUTSIDE THE PLATFORM
(a) You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform (except in the course of accepting the Seller's Goods).
(b) We may, in our absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.
Part C Purchasing from OzSale and NZSale
1 OFFER TO PURCHASE
By submitting an order for the purchase of goods (Goods) from OzSale and/or NZSale using the Platform's functionality (Purchase Order), you represent and confirm that you:
(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(b) are authorised to use the debit or credit card (or other permitted payment means) included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
(a) We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
(b) You can change your Purchase Order before we have shipped the Goods included in that Purchase Order.
(c) We accept change of mind returns in accordance with clause 10 below.
(a) (Payment obligations) Unless otherwise agreed in writing:
(i) you must pay for all Goods upfront at the time of booking; and
(ii) you must not set off any money alleged to be owing by us against money due by you to us.
(b) (GST) Unless otherwise indicated, amounts stated on the Platform include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
(i) MYSALE reserves the right to refuse the usage of vouchers
(ii) Voucher exclusions may include, but are not limited to, alcohol and the sale of items for over 18 years of age
Subject to clause 5, we reserve the right to change our prices at any time. However, if you placed an order prior to a change in price, your order will not be affected.
5 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your Account.
6 PRODUCT INFORMATION
We endeavour to ensure that the descriptions and specifications in relation to the Goods we sell on the Platform are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such we do not guarantee that those descriptions and specification are accurate or free from errors or omissions. We reserve the right to make any necessary corrections to the descriptions or specifications without notice, including the removal of any listings.
7 DELIVERY AND SHIPPING
(a) (Delivery) For Goods to be delivered, we may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by us.
(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
8 TITLE AND RISK
(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by OzSale and NZSale.
(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
9 CUSTOMS AND DUTIES
We reserve the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching their country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
10 RETURNS & EXCHANGES
(a) Returns of Goods will only be accepted if the Goods are not of an acceptable quality, not fit for a purpose for which we told you they would be fit for, do not match the description of the Goods we have provided to you (Defective Goods), and you comply with the provisions of this clause; or
(i) the Goods are new, unused, tagged and in their original packaging (if applicable) (Original Condition);
(ii) the Goods are returned within 10 business days of you receiving them; and
(iii) we agree in writing to accept return of the Goods.
(Change of mind return
) We understand that you may not have the opportunity to inspect or test our Goods before purchasing. For this reason, we are happy to accept change of mind returns on all Goods that comply with our 14-day Change of Mind/Returns Policy
, provided that:
(i) you make a request for such a return within 14 days of receiving the relevant Goods; and
(ii) return the Goods to us in their Original Condition at your cost.
For all change of mind returns, you will be provided with a store credit valued at the amount the Goods were purchased for. Such credits will be valid for 12 months from the date of issue. Refunds will only be offered for change of mind returns in exceptional circumstances, at our discretion.
Your consumer guarantees under Competition and Consumer Act 2010
(Cth) and Consumer Guarantees Act 1993 No 91
do not apply where you have simply changed your mind about the Goods. You should check our Change of Mind/Returns Policy
before purchasing from us, to check which products are covered under this clause 10(b).
) If you believe your Goods are Defective Goods, please raise a 'Return Request
', with a full description of the fault (including images if possible).
If we determine that your Goods may be defective, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product defective.
If we determine in our reasonable opinion that the Goods are not Defective Goods, or are defective due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Goods back to you at your own cost.
If we determine that the Goods are Defective Goods, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause in respect of Defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.