The following terms and conditions govern the Service that we offer at the Sites (“User Agreement”). It covers online auction sales, live auction sales and “Buy Now” Sales and individually negotiated sales, as well as all sales through third party auction sites.
Please read these terms and conditions carefully. When you register with Byron Bay Auctions (also known as Byron Bay Online Auctions) and before you purchase any item, you are deemed to have accepted, and will be bound by the User Agreement, as amended and varied by us from time to time.
1.1 Terms and conditions
- Capitalised terms used throughout the User Agreement have the meaning given to them in clause 12.
- The terms and conditions contained in the User Agreement set out what you must do and what you must not do when using the BBA Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please read our Help pages. If you still have questions, please contact our customer service team at email@example.com.
- We may amend the User Agreement from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 24 hours after the changes have been posted on the Site. You should review this User Agreement from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this User Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
- Please note that additional conditions governing the Service and your relationship with us are contained in other pages on the relevant Site and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the User Agreement. In particular, please carefully read all information relating to the Sale Overview, returns policy, Lot Page or Item Page which contains important information relevant to each particular sale on the Site.
1.2 Use of the Byron Bay Auctions online or personal sales service
- The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
- If a government department, government agency or law enforcement agency informs us that there is any information on the BBA Site, which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
- Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with on the BBA Site, or are in any way acting in such a way as to bring our business into disrepute.
1.3 Obligation to maintain system integrity
- You may not take any action that might interfere with the operation of the BBA Service.
- You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Sites or any online auction or sale being conducted on or through a BBA Site.
- You must not take any action, which imposes an unreasonable or disproportionately large burden on our infrastructure.
- If you have been issued with a password, you must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
- You are solely responsible for your transmissions through the Service. You must:
- not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
- not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
- not interfere with or disrupt networks connected to the Service;
- not use the Service for illegal purposes; and
- comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in a Site.
- We reserve the right to determine whether or not your conduct is consistent with the User Agreement and what we believe is good practice for the BBA Site. We may, in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the User Agreement or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
2.1 Registering for use
- You must register your details with us to use the Service (your “Account”). Registration is free and does not oblige to you purchase anything. Registration may be by way of filling out an online, making an online enquiry and suppling your email address and/or other details (but non necessarily), or by phone call to us.
- You must not use false or misleading information when registering or using the Service or dealing with our business. Your obligations to us won’t be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the BBA, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
- When you register for the BBA Service or with the company as a purchaser, you may do so in two different ways:- you must choose your user name and password. You must have a valid user name (or “login”) and password before you can bid on or buy items on the Site. You are responsible for the security of your user name and password. We may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach. If you are purchasing goods online or in person, you may do so over the phone, by email or by text or letter.
- We intend to send notifications to you by e-mail of:
- the status of an online auction in which you are participating, such as ‘you have been outbid’ e-mails, or “you are the Winning Bidder” emails;
- sales confirmation for “Buy Now” Sales;
- the status of your delivery, if applicable;
- a copy of your invoice, if applicable;
- newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and
- requests to participate in customer feedback.
- You may also purchase direct through our website or via the phone.
- However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
- We will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
- You may request that your Account be closed by emailing us a closure request, to firstname.lastname@example.org. In the case of an online auction you may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account be closed.
- We will only close your account if:
- any online auction at which you have bid has closed,
- any “Buy Now” Sale has been concluded, and
- you have all paid everything you owe us in cleared funds.
2.2 Eligibility to participate
You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you:
- are under 18 years of age;
- an undischarged bankrupt; or
- under any type of insolvency administration, where you are a company.
2.3 Registration process
In order to be eligible to make purchases using the Service or directly through the website or via phone or mail, you must provide details of an acceptable credit card sufficient to make online payments. As part of the registration process, we may charge a nominal amount (AUD$1) to validate your account. These transactions may appear in your credit card statement and will not be refunded. By registering or emailingus, you irrevocably authorise us to process these transactions.
2.4 Your information
- “Your information” includes any information you provide us at any time, including when you register to use the BBA Service.
- You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
- You must ensure that your information:
- is true, accurate and complete;
- is not false or misleading;
- does not infringe any other person’s rights (for example intellectual property rights) or privacy;
- is not contrary to any applicable law or industry code of practice;
- is not defamatory, threatening or harassing;
- is not obscene or pornographic; and
- does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You must not do or allow to be done anything involving the Service which:
- may be contrary to any applicable law or industry code of practice, or
- is prohibited by the User Agreement.
3 Your rights and obligations
3.1 Online Auctions – Your obligations as bidder
- When you use the Service to bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner’s Bid Amount, plus any additional charges that you may be obliged to pay (such as the Buyers Premium, Shipping Charges, Restocking Charges, etc).
- Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
- Please take care when setting an Autobid, as once your Autobid is placed, it cannot be altered or withdrawn.
- It is your responsibility to read the Product Information, Sale Overview and Lot Page relating to any item listed for auction on the Site. Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
- Please make sure you understand the delivery and payment terms, including any amendment to those terms and conditions as outlined in the item’s description or in the Sale Overview or description, and Lot Page. Usually a Buyer’s Premium, and other charges including a delivery fee, will apply to online auctions (please refer to clause 3.2 for examples of additional charges).
- You must not engage in bid manipulation.
- If you are buying direct from us either by phone, email or in person, you must be aware that we are in no way responsible for the item and that it entirely your responsibility to satisfy yourself, in whatever way possible about the suitability of the item for you to purchase. Due to the large volume of items we are unable to individually test items, and it is up to the buyer to investigate the item to their satisfaction prior to purchase as no refunds will be given after sale. We will however endeavour to assist you in your decision making when and wherever possible.
3.2 Online Auctions – Your obligation to pay
- If you are the Winning Bidder in an online auction, you must pay:
- the Winners Bid Amount; and
- the Buyers Premium; and
- any other fees and charges specified in the Sale Overview and Lot Page, and including but not limited to tax, delivery and insurance charges, (the “Invoice Amount”)
- due to us either by:
- authorised credit card deduction (charge) plus the Buyers Preimum and credit card administration charge, immediately; or
- where the total Invoice Amount exceeds AUD$5,000.00, by way of direct deposit (telegraphic transfer), deposit of a bank cheque or such other method whereby immediately cleared funds are deposited into the bank account nominated by us within 2 working days of closure of online auction.
- If you are buying any item directly through phone, email, mail or text all extra charges will still apply including Buyers Premium, credit card administration charge, shipping etc.
- If the Invoice Amount is more than $5,000, and you don’t pay it into a bank account nominated by us, at our discretion and on our instruction, you may present your credit card at one of our nominated offices, for either all or part of the final payment by you. We may also charge an additional 3% administration fee to your invoice, calculated on the total Invoice Amount.
- If we find that the amount of credit available on your credit card is insufficient to cover the Invoice Amount, we can deduct any portion of the Invoice Amount that is owing to us from your credit card on account of payment of the Invoice Amount in full.
- If we are unable to deduct from your credit card the total amount owing to us in one transaction, we may process any number of transactions on your credit card until the total amount you owe us is paid.
- If you:
- (i) refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
- (ii) do not comply with the terms and conditions of the User Agreement we may, in our absolute discretion:
- sue you for all money owing to us, including any Buyers Premium and lost income;
- resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (C)) (if any) from you; or
- charge you a cancellation fee of $250.00 or 20% of the Invoice Amount (whichever is the greater) to cover cost of resale of the item, lost commission and Buyers Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you;
- and in taking the steps in (A), (B) or (C), you authorise us to charge your credit card for any amount owing to us.
- Notwithstanding that you have been notified that you are a Winning Bidder, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
- the credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by you;
- there are insufficient funds or the credit limit is insufficient to cover the Invoice Amount;
- you don’t pay the Invoice Amount into a bank account nominated by us within 2 working days of the Winning Bidder placing the Winner’s Bid Amount; or
- we are unable to contact you for any reason.
- If you fail to comply with any of these terms and conditions, any money which you paid to us on deposit on account of any purchases of an item may be forfeited to us. We may also sue you to recover the balance of the Invoice Amount and any other amounts owing to us under these terms and conditions. In exercising our power of forfeiture, we will not act unreasonably.
3.3 “Buy Now” and direct Sales made by phone, email, text or mail.
- You must pay the purchase price (including any GST) in full for a “Buy Now” Sale, together with any other applicable fees or charges, for example delivery charges.
- You authorise us to debit your credit card for the total amount payable to us as a result of a “Buy Now” Sale.
- When you purchase a “Buy Now” Sale, and your total order cost exceeds $5,000, we will charge 10% (plus 3% credit card administration and buyers premium for that % proportional to that 10% amount), of the total to your registered credit card on checkout. The balance of your order is then payable via direct deposit. An email will be sent attaching the invoice with the balance owing, including details on how to make this payment.
4 The Online Auction Process
- You may bid:
- by placing a normal bid; or
- through AutoBid.
- If you bid at an online or live auction using AutoBid, you are responsible for monitoring the online auction in which you are participating and acting in the auction by instructing AutoBid with your bids.
- An online or live auction will start at the specified time and at the nominated minimum starting price.
- All bids placed at an online auction:
- must be made on a per-item basis; and
- may only be increased by multiples of the posted bid increment.
- We set a minimum price for each item we auction at which the bidding must start.
- We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
- there is or we suspect there may be, fraudulent or malicious bidding;
- there may be processing errors;
- there may be technological errors or Site failure; or
- we are not satisfied with proof of ownership of any good listed on the Site;
- or, there is some other unforseen circumstances not listed above.
- Bids will be ranked in the following order of precedence if applicable to that sale (i.e. multiple items):
- bid price;
- bid quantity;
- For example, if two or more bids are for the same bid price, the higher quantity will take precedence.
- All bids placed on online auctions are made on a per-item basis and bid amounts may only be increased in multiples of the specified bid increment. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid, nor will you be permitted to lower your bid quantity with a new bid. If you want to decrease your quantity, you must wait until your current highest bid is exceeded by another bidder.
- Winning bids placed at online auctions may be processed by us even if the bidder’s bid is successful only in respect of a percentage of the lot or unit volume bid upon by that bidder. For example, if a bidder bids on 10 units and is successful in relation to 2 of those units, but is outbid on the other 8 units, we will recognise the Winning Bid Amount placed by you with respect to the 2 units only.
4.2 Conclusion of online auction
- The online auction closes at the end of the time period specified for that online or live auction where there are no new successful bids during the 10 minutes immediately preceding the end of the time period specified. If there are any successful bids on a particular lot/item within 10 minutes of the close of the online auction (the going, going, gone period), the auction will continue to be extended until there are no more within the Refresh Period. The Refresh Period may vary from time to time by a number of seconds. We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Refresh Period.
- When an online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. This notice will include:
- notification that you are the Winning Bidder and of the amount of your winning bid; and
- the item number and description.
- We provide this notice out of courtesy and as a reminder to you. You may not receive this email, however, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the auction sale item.
- When you place the winning bid at an online auction, we may charge the cost of your purchase and the cost of the applicable delivery fee, together with any other purchases you have made in accordance with clause 3.2.
- If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item.
- You acknowledge that:
- unless otherwise stated all prices are quoted in Australian dollars; and
- you must pay for goods and services, including delivery costs and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified.
4.3 Processing and technological errors
If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:
- at any time (prior to or after the original time set for conclusion of the online auction) extend an online auction for a period of time (determined at our discretion);
- decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time – to be determined at our discretion;
- retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction;
- amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or
- cancel that entire online auction transaction and conduct the auction again.
4.4 Time – online auctions
When bidding on online auctions the time is always referred to as “Byron Bay Auction’s time” and is approximately equal to Australian Eastern Standard Time (AEST or AEDT as applicable). There may on occasion be instances where Byron Bay Auction time is slightly different to AEST or AEDST.
5.1 Return of goods for Online Auctions, for direct sales, for timed auctions or for any other purchase.
- Subject to paragraph 5.1b, goods bought at auction or by direct sales may not be returned to us for any reason, including:
- if you change your mind; or
- even if you have not had the opportunity to inspect them before bidding or before your purchase, as sales are made on a “as is, where is” basis and a ‘buyer beware’ basis.
- Subject to 5.1i, goods will only be able to be returned if we are responsible for delivery and the goods,
- The wrong goods were despatched
- If you wish to return an item, you must:
- email our customer service team at email@example.com;
- within 7 days of receiving the item, providing full details of your purchase and the reason for return of the item. When we receive your request by either email or telephone, we will email you a returns advice form (stating, amongst other things, the address to which the item must be sent), which must be included with the returned item.
- No goods will be accepted for return unless this procedure has been strictly followed. If it is not strictly followed you will void all rights in relation to your return.
- If we email you a returns advice form in accordance with sub-paragraph 5.1(c) and we do not receive a response from you or receive the returned item from you within 10 working days, you will be deemed, subject to any rights you have under the ACL, to have waived any right that you may have had to return the item and will have no further right to return the item to us, or claim a refund.
- Goods must be returned in their original packaging.
- If, when we receive a returned item, we determine that the item:
- was incorrectly despatched; or
BBA Service will then either refund the money in full, ship the correct goods where possible, or claim insurance for the item if it is claimable by BBA Service. In the event that insurance was requested and taken out on behalf of the purchaser during the shipping process, then we will do all that we can to assist, and all that is reasonable and possible by way of giving supporting documentation to the purchaser, so that the purchaser may claim insurance from the shipping provider, if such insurance was taken out by the purchaser.
- In relation to any goods purchased by sale by auction that are covered by guarantees in the Australian Consumer Law, those goods come with certain guarantees that cannot be excluded under the Australian Consumer Law. However, other guarantees in the Australian Consumer Law, including guarantees as to acceptable quality, fitness for purpose and correspondence with description do not apply to goods purchased by sale by auction or by direct purchase via phone, text, email or mail, and so your rights in respect of goods purchased by sale by auction or direct sales are limited to the rights granted under this clause
- If an item or lot is described in the Lot Description or Product Information on our Site as being in a faulty or damaged condition or as seconds, used, ex-lease or demo, you acknowledge that condition when bidding for that lot or choosing to buy that item, we accept no liability for, and will not entertain any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the auction item or lot.
5.4 Reference to Retail Prices
- In certain circumstances, an item for sale on the Site may display the manufacturer’s original retail price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the retail price supplied by the manufacturer, distributor or retailer of the item at the time of the item’s original sale. That price may not be current retail price as at the time of the sale. We take no responsibility for the display of ORPs on any item listed on the Site. You must satisfy yourself as to the value of the item being sold.
- In certain circumstances, an item for sale on the Site may include reference to the manufacturer’s Recommended Retail Price (RRP). Usually if a RRP is included with a sale item, the RRP has been supplied by the Vendor of the item and we assume the Vendor believes the RRP is current at the time the item is placed on the Site for sale. We accept no responsibility for the accuracy or otherwise of any RRP included on any item listed for sale on a Site. We suggest users independently satisfy themselves as to the value of the item being sold.
5.5 Manufacturer’s liability
- Subject to any rights you may have under any law, if an item is sold with an accompanying manufacturer’s warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.
- To the extent permitted by law, we do not provide any representation or warranty in relation to any manufacturer’s warranty that accompanies this product. In particular, we do not represent that the manufacturer’s warranty is compliant with the Australian Consumer Law. Any rights that you may have in respect of the manufacturer’s warranty are against the manufacturer and not us.
6 Our rights
6.1 Suspension from use of service
- We may refuse you the right to use the Service if you:
- do not pay for the item and/or refuse delivery of the item;
- give information which is untrue, inaccurate or incomplete; or
- have engaged in any form of bid manipulation. In those circumstances you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
- We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the User Agreement or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
- If we suspend your access to the Service, you may not register again.
6.2 False or Misleading Conduct
- It is illegal to use a false name to use the Service or to buy items or make bids with an invalid or stolen credit card, even if our software initially accepts an order or bid. We intend to refer fraudulent users to the police and to your Internet Service Provider.
- You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
- If your credit card balance is insufficient to meet all money due to us, or a chargeback is made on the credit card then in addition to all other remedies available to us under the User Agreement, we may immediately institute proceedings against you for any amount owing to any person.
6.3 Our rights upon breach by you
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current online auctions, and any other information you place on the Site) if you breach the User Agreement or if we are unable to verify or authenticate any information you provide to us.
6.4 Rights as agent and/or seller
- We may withdraw and/or re-offer an item for sale at any time if the item:
- becomes unavailable due to damage;
- in the case of auction items, has uncertain ownership, or is withdrawn by the manufacturer, distributor or Vendor;
- in the case of “Buy Now” Sale, is no longer in stock or has uncertain ownership;
- has been erroneously listed twice;
- is incorrectly described; or
- is incorrectly priced.
- We also reserve the right to change the:
- quantities of products posted;
- maximum number of items which you may buy or bid for; or
- bid increment during an auction,
- at any time before the sale or online auction is completed. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
7 Liability and indemnities
7.1 Our liability to you
- In an online auction we are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Autobid. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
- We provide the Sites and the Service without any express or implied warranty or condition concerning the capacity or availability of the Sites or the Service.
- Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any goods.
- We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Sites may be restricted by factors outside of our control or during maintenance.
- You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and offers may not be processed or accepted.
- We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
- We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
7.2 Limitation of our liability to you
- In relation to the items sold, and subject to the Australian Consumer Law, we will endeavour to:
- provide accurate descriptions to fairly reflect each item;
- pass clear title to the items to you; and
- ensure that each item listed on the Site is available.
- To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Sites and the sale of any goods are excluded.
- We do not exclude liability under any guarantee, condition or warranty which cannot be excluded by law. For example, we do not exclude guarantees under the Australian Consumer Law that apply to goods we sell. However, to the fullest extent permissible by law, we expressly limit our liability for breach of a guarantee, condition or warranty implied by virtue of any law at our option:
- in the case of goods supplied to:
- the replacement or repair of the goods;
- the supply of equivalent goods; or
- making a full refund to you.
- (ii) in the case of services supplied to:
- supply of the services again;
- payment of the costs of having the services supplied again; or
- making a full refund to you.
- in the case of goods supplied to:
- You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service or by purchasing through
- You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the User Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
- You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the User Agreement by you.
- The infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.
8 Collection delivery, insurance and risk
8.1 Collection and delivery
- Please carefully familiarise yourself with the all details concerning collection and/or delivery of items following the conclusion of a transaction as set out in the Sale Overview, Item Page, Lot or Lot Page and in this clause.
- We may withhold delivery of any item until you have paid everything owing to us.
- Any collection times specified by us in an online auction in the Sale Overview, Item Page, Lot or Lot Page or otherwise are estimates only and we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such details.
- In particular where items are not held by us on our premises, you must strictly observe and comply with collection times and arrangements specified by us in the Sale Overview, Item Page, Lot or Lot Page. Your failure to strictly adhere to those collection times and arrangements, may result in the item being removed from those premises and although we will exercise all reasonable care on your behalf, we do not have custody or control of those items and accordingly we will not be liable for the unavailability of the item or the fact that no refund of the purchase price is made to you.
- Unless outlined in the Sale Overview, Item Page Lot or Lot Page, delivery of bulky goods (for example large TVs, furniture, and whitegoods) assumes ground floor front door delivery.
- Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
- any law relating to occupational health and safety;
- any directions or warning we have given about goods or their location in the Sale Overview, item Page, Lot or Lot Page; and
- any directions given by us or anyone authorised by us when inspecting or removing any goods from any location.
- You acknowledge that you inspect or remove goods at any location at your own risk.
- If we are unable to deliver an item or you don’t collect it within 7 days of a sale we may charge you a storage fee in accordance with our usual rates.
- We reserve the right to re-sell the item (if it was purchased for more than $100.00) upon terms we determine to be reasonable, if you do not collect the item within 14 days of a sale
- If we sell the item in accordance with clause 8.1i we will refund the proceeds of sale to you, less Buyer’s Premium, a storage charge based on a fee of between $5.00 and $50.00 per day for storage (depending on size and value) and an administration fee of $40.00.
- Because of the administration costs involved, we reserve the right to sell or otherwise dispose of an item purchased for $100.00 or less, without refund to you.
8.2 Risk and title
- If the item is to be delivered by us to a place nominated by you, the risk in it will pass to you:
- when it is delivered; or
- if we are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempts to deliver the item.
- Or upon posting/or any other form of dispatch as per your directions.
- All items to be delivered must be delivered to a specified premises and receipt must be acknowledged by signature. After you provide delivery location details, you must not:
- contact any carrier we use directly and authorise them to deliver the items to another address; or
- arrange for collection from the carrier directly.
- If you contravene this clause you will waive any right you may have had to personal delivery, and you will be deemed to have accepted all responsibility for any loss of or damage caused to the items by delivery, and you release us from any liability for any loss or damage caused as a result.
Title in any item will only pass to you when we receive the Invoice Amount in cleared funds.
If the item is withheld by us in accordance with the User Agreement, risk in the item will pass to you at such time as you would have been able to collect the item had we not been holding it.
You cannot change or request to change your delivery address details after a “Buy Now” Sale or online auction has closed. We have no responsibility if an item is not delivered where you change your delivery address details in those circumstances.
- Our Privacy Statement (as it appears from time to time) is available on the Sites. We will take all reasonable steps to abide by this policy and all Users of the Sites agree to abide by the policy when using a Site.
- If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Sites.
- By registering with the Service and accepting the User Agreement, you also consent to:
- collection of a variety of personal information which is specified in greater detail in the Privacy Statement. This information includes your address, gender, and date of birth and contact details; in some cases, credit card details, bidding and buying activities; and your use of our Sites generally;
- use of your personal information for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of our Sites to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Sites; and
- us disclosing your information in the circumstances specified in the Privacy Statement.
10 Governing law
This User Agreement is governed by and will be construed according to the law of New South Wales and is subject to the jurisdiction of the courts of New South Wales.
- The Sale Overview, Lot, Lot Page or Item Page will state whether the sale price of an item is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
- You acknowledge and agree that:
- if the sale price is GST Inclusive, any Buyer’s Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price; or
- if the sale price is GST Exclusive, GST will be calculated on and added to the sale price, and in the case of an online auction the Buyer’s Premium exclusive of GST will be calculated on the sale price and payable by you at the same time as the sale price.
12 Definitions and interpretation
- Autobid means the process by which you elect and submit a maximum bid amount and our online auction system will automatically incrementally increase your existing bid in the event that your existing bid is exceeded by another bidder up to your maximum bid amount on Byron Bay Online Auctions.
- “Buy Now” Sale means a sale of anything located in the “Buy Now” section of Byron Bay Online Auctions.
- Buyer’s Premium means that percentage of the Winner’s Bid Amount as identified on the Sale Overview and Lot Page and payable by the winning bidder of an online auction. The Buyer’s Premium is payable in addition to and at the same time as the Winner’s Bid Amount, and will form part of the total Invoice Amount to be paid by the winning bidder for the purchase of the sale lot. The Buyer’s Premium may be GST inclusive or exclusive, and will be clearly marked which one in the Sale Overview and Lot Page.
- Consumer Sale means a “Buy Now” Sale where clause 7.2c applies. That is, sales to consumers where guarantees and implied conditions or warranties cannot be excluded by law.
- Byron Bay Auctions means the website located at www.byronbayonlineauctions.com.au.
- Invoice Amount has the meaning given to it in clause 3.2 of the User Agreement for online auctions. For “Buy Now” Sales it means the purchase price together with any other applicable charges, for example delivery charges.
- Item Page means the page that contains the special terms and conditions and attaching to a particular good for sale by “Buy Now” Sale.
- Lot Description means the description of a product contained with the sale catalogue and identified with its individual lot number.
- Lot Page means the page that contains the special terms and attaching to a particular good for sale by online auction.
- Privacy Statement means that statement contained in the Privacy & Security Section of the Sites.
- Product Information means any information posted by us on a Site in relation to any item posted by us for sale on the Site.
- Refresh Period means the time between nine minutes and one second and nine minutes and fifty nine seconds (inclusive), being the period that the Site’s timing mechanism has entered the tenth minute. For example:
- where a bid is placed at 2:53:00 pm, assuming there are no further bids placed, the auction will close at 3:03:00 pm;
- where a bid is placed at 2:53:45 pm, assuming there are no further bids placed, the auction will close at 3:03:00 pm;
- where a bid is placed at 2:54 pm, assuming there are no further bids placed, the auction will close at 3:04:00 pm.
- Returns Policy means that policy contained in the Returns Policy section.
- Sale Overview means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential buyer upon entry to the Item Page or Lot Page for that particular good.
- Service means the services offered by Byron Bay Auctions.
- Site means the Byron Bay Online Auctions.
- User Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.
- Us/we/our means Byron Bay OnlineAuctions each a division of Byron Bay Auctions (NSW) Pty Limited ABN 608 390 807 of Byron Bay.
- Vendor means the seller of any goods through an online auction or the supplier or manufacturer of goods sold through “Buy Now” or Live Auction or Online Auction Sales.
- Winners Bid Amount means:
- the amount of the highest bid,
- where two or more bids are for the same price, the bid amount that is for the greater quantity of goods; or
- on Byron Bay Auctions.
Winning Bidder means that bidder who has the highest bid at the conclusion of the online auction, allowing for any Bid Precedence rules on Byron Bay Auctions.