- Stock Xchange requires your personal information in order that we can process your online listings, bids and purchases including processing payment of amounts to us if you purchase or sell goods. You can also register with us to tell us which products you are interested in. Naturally, you must be a registered customer prior to conducting any business with Stock Xchange. We also require personal information to improve the service we provide to you, such as by giving you details of special sales, auctions or tenders you might be interested in.
- There are areas on the site where you may enter and submit personal information
4.1. The first area is the Registration Form that will need to be completed prior to conducting any business activity.
4.2. The second area is your Profile where you can modify or update some of your personal information such as the delivery address for your purchases or your telephone contact number.
- We will also collect information when you list or purchase a product or submit an online bid (such as what you are bidding for and how much you bid). In addition, the Stock Xchange server automatically collects certain information about your use of our service. The information collected in each case is described under section 4 below.
- All transmission of personal information is protected using SSL encrypted transmission between your Web browser and our Web server. You will know when transmitted data is safe by a security notice when you enter a secure page, and by the presence of an icon on your browser, either a key for Netscape or a lock for Microsoft Internet Explorer.
- The Stock Xchange Online Registration Form requires customers to provide:
7.1. Company ABN
7.2. Company structure
7.3. Credit reference
7.4. Contact details and billing information (such as name, password/login, address, e-mail address, delivery and billing address), credit card details and expiry date.
- Again, we stress that this information is transmitted from your Web Browser to our Web server in a secure encrypted format to ensure that your privacy is protected. If the information under 4(a) is not provided then we will be unable to process your listings or purchases or contact you when items of interest to you come up for offering
- As stated above, we will also collect information about your business activity you conduct with our service such as what you are purchasing for, how much you purchase, quantity of goods you purchase and payment.
- If you send us correspondence we may also collect this and keep it on your account file.
- The Stock Xchange server automatically collects additional information about your use of our service. This information can be described as "navigational data" and comprises: browser type; IP address; the URL you come from and go to; links to other sites you click on; the pages you view on our site and time spent on it; cookies; your domain type and service provider. It is standard for many sites to collect this type of information in order to enable them to monitor usage of a site and improve site content and navigation.
- When a Stock Xchange web page is requested and viewed, that request is logged on our servers with information including the IP address of the computer that requested the page. An IP (Internet Protocol) address is a unique string of numbers that identifies a computer or server on the Internet. These numbers are normally shown in groups separated by periods. Your IP address is stored in our bidder database whenever you place a bid, and may be used for various purposes including:-
12.1. To increase the level of customer security. IP addresses can be used to validate your bids.
12.2. Diagnose service or system problems reported by our users that may be associated with IP addresses controlled by a specific Internet Service Provider (ISP)
- Personal information such as contact details and billing information is collected in order that we can efficiently process your registration, your purchases and your bids at online auctions.
- We also want to make your experience online a satisfying and safe one by making it easier and more rewarding for you to use our services. We therefore ask you to provide other personal information such as purchasing preferences and demographic data. Naturally, we want you to come back and visit us regularly, so we use the data you supply to us, your purchase history and your listing history to tailor the content we display to you according to your preferences. We may also use it to advise you when certain items of interest to you come up for sale or listing for the purposes of obtaining customer feedback and other related research and marketing purposes. Should you so choose, you can opt-out of receiving promotional material from us at any time, by advising us
- Navigational data collected by our system that identifies you personally will not be used. Rather, Stock Xchange may combine navigational data and use the aggregated results (i.e. results which do not identify any individual) in order to create a better online experience for you. We do this by using the aggregated data to monitor site usage, for marketing to banner advertisers and to improve the look, content and navigation of the site.
- Our warehouse does supply your name, delivery address and telephone number to couriers for the dispatch of your purchases, but we require them to keep this information confidential. In addition, your details may be passed on to third parties where necessary, for the purpose of processing and collecting any amounts which may become payable by you to us.
- Stock Xchange may use or disclose your personal information to the vendor of any goods if required under or authorised by any law.
- Your initials and the name of your suburb and state are disclosed while you are bidding in an online auction or tender. The reason for this disclosure is to allow actual and potential bidders to track the bidding for particular items.
- Stock Xchange may when appropriate disclose personal information to law enforcement or other government agencies for law enforcement or intelligence purposes
- Stock Xchange follows a National voluntary code of practice where it co-operates with government and law enforcement agencies in the control and delivery of certain chemicals and certain types of scientific equipment
- Stock Xchange may disclose your personal information to the service providers that it uses in the course of carrying out the activities set out in clause 5.
- Stock Xchange has no access to or control over these cookies that are used by third-party advertisers.
- If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.
- Stock Xchange may also use third party vendors, including Google, to show Stock Xchange ads on sites on the internet.
- The most important thing to remember here is to always keep your Stock Xchange login and password secret. Never give your login and password to anyone. Stock Xchange encrypts the transmission of personal data between your Web browser and our Web server so information remains secure when sent to us. Additionally, personal information received from you is stored in a system that is not connected to the Internet and is not accessible in any way. Stock Xchange operates with a DigiCert Digital Server Certificate, featuring today's state of the art cryptographic techniques to ensure that Digital ID's are not forged or tampered with.
- Once you have registered with Stock Xchange, you may at any time access and modify the personal information you provided in the Registration Form by visiting account information. This includes updating your delivery address to ensure items are sent to the correct location or providing an updated contact telephone number should we need to contact you regarding delivery as well as altering your credit card details.
- In order to ensure that we can provide you with the most efficient service we ask that you not alter your profile during any business activity. You can also add or delete or alter your purchase preferences so that we can provide you with a better service. The Stock Xchange section of the web site will also allow you to review other information such as your listing and purchase history.
- Stock Xchange will also take reasonable steps to destroy or permanently de-identify personal information if it is no longer required or if you ask us to do so because you no longer intend to use our site. However, due to technical and accounting constraints your personal information may not be completely destroyed. Stock Xchange may also need to retain personal information in order to fulfil legal responsibilities or resolve disputes which may arise.
- Online Privacy Statement Updates
- Stock Xchange strives to comply with the National Privacy Principles in the National Scheme for Fair Information Practices in the Private Sector. Stock Xchange also intends to comply with industry privacy codes as and when they are developed.
- We may amend our Privacy Statement if further privacy legislation and/or self-regulatory codes are introduced.
- These amendments will take effect from the time of posting and you should check back from time to time for any such amendments.
The following terms and conditions govern the Service that we offer at the Sites ("User Agreement"). Please read these terms and conditions carefully. When you register with Stock Xchange, you are deemed to have accepted, and will be bound by the User Agreement, as amended and varied by us from time to time.
- Capitalised terms used throughout the User Agreement have the meaning given to them in clause 12.
39.1. The terms and conditions contained in the User Agreement set out what you must do and what you must not do when using the 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 contact Stock Xchange.
39.2. 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 7 days 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.
39.3. 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.
- Use of the service
- The Service is provided to you professionally and 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 a 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 a Site.
- Obligation to maintain system integrity
- You may not take any action that might interfere with the operation of the 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 listing, auction or sale being conducted on or through a Site.
- You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
- 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:
48.1. not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
48.2. not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
48.3. not interfere with or disrupt networks connected to the Service;
48.4. not use the Service for illegal purposes; and
48.5. 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 Sites. 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.
50.1. You must register your details with us to use the Service (your "Account").
50.2. You must not use false or misleading information when registering or using the Service.
50.3. 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 Service, 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.
50.4. When you register for the Service, you must choose your user name and password. You must have a valid user name (or "login") and password before you can list or 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.
- We intend to send notifications to you by e-mail of:
51.1. the status of an online auction
51.2. sales confirmation for "Buy Now" Sales and Outlet Sales;
51.3. the status of your delivery, if applicable;
51.4. a copy of your invoice, if applicable;
51.5. newsletters and other promotional events
51.6. 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;
51.7. requests to participate in customer feedback.
- However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
- You may request that your Account be closed by emailing us a closure request, to Stock Xchange. In the case of an online business activity you may not close your Account while you listing or purchasing.
- We will only close your account if:
55.1. any online listing, tender, auction at which you have bid has closed,
55.2. any "Buy Now" Sale or Outlet Sale has been concluded, and
55.3. you have all paid everything you owe us in cleared funds.
55.4. 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:
56.1. are under 18 years of age;
56.2. an undischarged bankrupt; or
56.3. under any type of insolvency administration, where you are a company.
- Registration process
- In order to be eligible to make listing or purchases using the Service, 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 your credit card and then re-credit that amount to the same credit card (which usually takes no more than one week). These transactions may appear in your credit card statement. By registering, you irrevocably authorise us to process these transactions.
57.1. Your information "Your information" includes any information you provide us at any time, including when you register to use a 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:
59.1. is true, accurate and complete;
59.2. is not false or misleading;
59.3. does not infringe any other person's rights (for example intellectual property rights) or privacy;
59.4. is not contrary to any applicable law or industry code of practice;
59.5. is not defamatory, threatening or harassing;
59.6. is not obscene or pornographic; and
59.7. 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.
- 60. You must not do or allow to be done anything involving the Service which:
60.1. may be contrary to any applicable law or industry code of practice, or
60.2. is prohibited by the User Agreement.
- Your rights and obligations
- 61. Online Auctions - Your obligations as bidder
- 62. When you use the Service to list or bid, you are making an offer to buy or sell the item at your agreed price. If your agreed 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.
- 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 and Lot Page. Usually a Buyer's Premium, and other charges including a delivery fee, will apply to online auctions
- You must not engage in bid manipulation.
- Any quotations, catalogues, price lists or other pricing information provided by the Company, shall remain the property of the Company and their contents are strictly confidential.
- All price lists, availabilities, product descriptions or catalogues are subject to confirmation by the Company and may be varied at any time.
- All prices are quoted, and all Goods are supplied, on an ex-factory basis (Incoterms 2011), and are net unless otherwise stated.
- Additional charges, costs and expenses may be incurred in addition to the net amount, notwithstanding that such costs may have been omitted from any previous quotation, including:(a) the prices quoted or Invoices may be based on estimates provided to the Company by third parties and the rates of freight, exchange, insurance premiums, customs duties and other costs and expenses may vary.
- Unless otherwise agreed by the parties in writing, in the event of any increase in these rates or costs by a third party before acceptance of an Order by the Company or prior to Supply of the Goods to the Customer, the costs incurred by the Company due to such increase(s) shall be added to and form part of the Invoice and be payable by the Customer accordingly; and
- Online Auctions - Your obligation to pay
- 73. If you are the Winning Bidder in an online auction, you must pay:
73.1. the Winners Bid Amount; and
73.2. the Buyers Premium; and
73.3. any other fees and charges specified in the sellers agreement, listing price, Sale Overview and Lot Page, and including but not limited to tax, delivery and insurance charges, (the "Invoice Amount") due to us either by:
73.4. authorised credit card deduction (charge), immediately; or
73.5. 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 or prior to the despatch of the item.
- 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 at our discretion
- 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:
77.1. 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
77.2. do not comply with the terms and conditions of the User Agreement we may, in our absolute discretion:
77.3. sue you for all money owing to us, including any Buyers Premium and lost income;
77.4. 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
77.5. 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
77.6. incurred expenses incurred in reinstating us to the same position as if the item was sold to you;
77.7. and in taking the steps in (A), (B) or (C), you authorise us to charge your credit card for any amount owing to us.
- 78. 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:
78.1. 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; 78.2. there are insufficient funds or the credit limit is insufficient to cover the Invoice Amount; 78.3. 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 78.4. we are unable to contact you for any reason.
- 79. 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.
- "Buy Now" Sales and Outlet Sales
- 80. You must pay the purchase price (including any GST) in full for a "Buy Now" Sale or an Outlet Sale, together with any other applicable fees or charges, for example delivery charges.
- 81. You authorise us to debit your credit card for the total amount payable to us as a result of a "Buy Now" Sale or an Outlet Sale.
- 82. If your total order cost exceeds $5,000, we will only charge 2% 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.
- The Online Tender/Auction Process
- 83. You may bid:
83.1. by placing a normal bid; or
- 84. If you bid at an online tender/auction, you are responsible for monitoring the listing in which you are participating and acting in the auction by managing your purchase price.
- An online auction will start at the specified time and at the nominated minimum starting price.
- 86. All bids placed at an online auction:
86.1. must be made on a per-item basis; and
86.2. may only be increased by multiples of the posted bid increment.
- 87. We set a minimum/reserve price for each item we auction at which the bidding must start.
- 88. We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
88.1. there is or we suspect there may be, fraudulent or malicious bidding;
88.2. there may be processing errors; 88.3. there may be technological errors or Site failure; or
88.4. we are not satisfied with proof of ownership of any good listed on the Site.
- 89. Bids will be ranked in the following order of precedence:
89.1. bid price;
89.2. bid quantity; and
89.3. initial bid time.
- 90. For example, if two or more bids are for the same bid price, the higher quantity will take precedence. If two or more bids are for the same bid price and bid quantity, the time the bidder placed their first bid on the item (or lot) takes precedence.
- 91. All bids placed on online tenders/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 tender/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 tender/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.
- Conclusion of online tender/auction
- The online auction closes at the end of the time period specified for that online 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 tender/auction in which you have participated closes and you have purchased an item, we intend to notify you by e-mail or phone. This notice will include:
94.1. notification that you are the Winning Bidder and of the amount of your winning bid; and
94.2. the item number and description
- 95 We provide this notice out of courtesy and as a reminder to you. You may not receive this email or phone call, however, you are solely responsible for monitoring the status of any online tender/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 tender/auction sale item.
- 96. When you place the winning bid at an online tender/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
- 97. If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item.
- 98. You acknowledge that:
98.1. unless otherwise stated all prices are quoted in Australian dollars; and
98.2. you must pay for goods and services, including delivery costs and other fees as outlined, in Australian dollars, unless otherwise specified.
- Processing and technological errors
- 99. 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:
99.1. 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);
99.2. 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;
99.3. 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;
99.4. 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
99.5. cancel that entire online tender/auction transaction and conduct the tender auction again.
- Time - online auctions
- 100. When bidding on online tender/auctions the time is always referred to as “Stock Xchange Time" and is approximately equal to Australian Western Standard Time (AWST or AWDT as applicable). There may on occasion be instances where Stock Xchange Time is slightly different to AWST or AWDST.
- Return of goods
- 101. Subject to goods bought at tender/auction items may not be returned to us for any reason, including:
101.1. if you change your mind; or
101.2. you have had the opportunity to inspect them before bidding as sales are made on a "as is, where is" basis.
- 102. Goods will only be able to be returned if we are responsible for delivery and the goods,
102.1. were incorrectly described in the Lot Description (other than minor differences);or 102.2. are damaged in transit or are "dead on arrival".
- 103. If you wish to return an item, you must:
103.1. email Stock Xchange; or
103.2. call our customer service hotline or account manager within 30 days of the sale, providing full details of your purchase and the reason for return of the item.
103.3. 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.
103.4. If we email you a returns advice form in accordance with sub-paragraph 5 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.
103.5. Goods must be returned in their original packaging.
103.6. Within the first 10 working days of receipt by us of a returned item, the item will be inspected and tested to determine if it was incorrectly described, if it was damage in transport or if it was "dead on arrival". If none of these apply, the item will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the goods. We may charge your credit card with any moneys incurred by us as a result of this process.
- 104. If, when we receive a returned item, we determine that the item:
104.1. was incorrectly described; or
104.2. has been damaged in transit; or
104.3. was dead on arrival, we will, within 21 days, at our option either replace or repair your goods or pay the full amount of the refund to which you are entitled. The benefits of any warranty provided to you under this clause 5 are provided in addition to any other rights or remedies that you may have under any law in relation to the items to which this clause 5 relates.
- 105. In relation to any goods purchased by sale by tender/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, and so your rights in respect of goods purchased by sale by auction are limited to the rights granted under this clause 5. Otherwise, for goods that are not sold by tender/auction, you are entitled to a replacement or a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods that are not sold by auction repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- 106. 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.
- Returns of Goods - Consumer Sales
- 107. In the case of Consumer Sales, in addition to any obligation that we may have under the Australian Consumer Law, we warrant that the goods:
107.1. are of acceptable quality;
107.2. are fit for the purpose for which goods of that type are ordinarily used; and
107.3. match the description of them on the Site (other than minor differences),for 30 days after sale.
- 108. Subject to our absolute discretion, you may not return Buy Now Sale items because you change your mind.
- 109. If you wish to return an item because it:
109.1. was damaged in transit where we are responsible for delivery; or 109.2. does not match the description of the item on the Site (other than minor differences); or 109.3. is faulty, you must: 109.4. email our Stock Xchange ;or call our customer service hotline or your account manager within 30 days of the sale, providing full details of the sale and the reason for return. 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.
- 110. If we email you a returns advice form in accordance with clause 5 and we do not receive a response from you or receive the returned item from you within 10 working days, you will not be entitled to reject the item subject to any rights you may have under the ACL.
- 111. If within the first 10 working days of us receiving a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is reasonably determined by us to be invalid), the item will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the goods. We may charge your credit card with any money incurred by us as a result of this process.
- 112. Subject to our obligations under the Australian Consumer Law, if, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described or does not meet a consumer guarantee, we will, within 21 days, at our option either replace or repair your goods (where possible) or pay the full amount of the refund to which you are entitled.
- 113. The benefits of any warranty provided to you under this clause 5 are provided in addition to any other rights or remedies that you may have under any law in relation to the item to which this clause 5 relates.
- 114. In relation to any Consumer Sales that are covered by guarantees under the Australian Consumer Law, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- 115. If an item is described on a Site as being in a faulty or damaged condition or as second-hand, used, ex-lease or demo, you acknowledge that condition when choosing to buy that item. We accept no liability for, any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the item.
- 116. If a sale of a vehicle is a Consumer Sale, clause 5 does not apply. In that case, an outline of the warranty which applies to the sale, will appear on the Item Page. Nothing in this clause restricts or excludes any rights under the Australian Consumer Law.
- Reference to Retail Prices
- 117. 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.
- 118. 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.
- Manufacturer's liability
- 119. 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.
- 120. 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 or international law. Any rights that you may have in respect of the manufacturer's warranty are against the manufacturer and not Stock Xchange.
- Our rights – Account suspension
- 121. We may suspend, cancel or terminate your account if you:
121.1. do not pay for the item and/or refuse delivery of the item;
121.2. give information which is untrue, inaccurate or incomplete; or 121.3. have engaged in any form of business manipulation. In those circumstances you will be permanently suspended from any business activity with Stock Xchange, including all associated secondary and re-registered client accounts.
- 122. We may suspend, cancel or terminate your account 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 or without notification
- 123. If we suspend, cancel or terminate your account, you may not register again.
- False or Misleading Conduct
- 124. It is illegal to use a false name to use your account or to buy items or make representation 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.
- 125. You may be sued for any losses suffered by any person arising out of any business manipulation or illegal action.
- 126. If your credit card or account 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 including 15% administration costs.
- Our rights upon breach by you
- 127. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account (including any current business transactions) if you breach the User Agreement or if we are unable to verify or authenticate any information you provide to us.
- Rights as agent and/or seller
- 128. We may withdraw and/or re-offer an item for sale at any time if the item:
128.1. becomes unavailable due to damage; 128.2. in the case of listed items, has uncertain ownership, or is withdrawn by the manufacturer, distributor or Vendor; 128.3. in the case of "Buy Now" Sale or Outlet Sale items, is no longer in stock or has uncertain ownership; 128.4. has been erroneously listed twice; 128.5. is incorrectly described; or incorrectly priced.
- 129. We also reserve the right to change the:
129.1. quantities of products posted; 129.2. maximum number of items which have been listed any time
- Liability and indemnities
- 130. In an online service we are not responsible for business transactions not received, processed or accepted due to technical difficulties, including those online order placed. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a purchased not received, processed or accepted due to technical difficulties.
- 131. 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.
- 132. 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.
- 133. 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.
- 134. You acknowledge that the internet can be an unstable and, sometimes, insecure environment.
- 135. At times the Service may not be available and offers may not be processed or accepted.
- 136. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
- 137. 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.
- Limitation of our liability to you
- 138. In relation to the items sold, and subject to the Australian Consumer or International Law, we will endeavour to:
138.1. provide accurate descriptions to fairly reflect each item;
138.2. pass clear title to the items to you; and
138.3. ensure that each item listed on the Site is available.
- 139. 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.
- 140. 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 or International 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:
140.1. in the case of goods supplied to:
140.2. the replacement or repair of the goods;
140.3. the supply of equivalent goods; or
140.4. making a full refund to you.
140.5. in the case of services supplied to:
140.6. supply of the services again;
140.7. payment of the costs of having the services supplied again; or
140.8. making a full refund to you.
- 141. 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.
- 142. 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 all claims, loss, damage, tax, liability or expense that may be incurred by the Indemnified Parties arising 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.
- 143. 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.
- 144. 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.
- Collection delivery, insurance and risk Collection and delivery
- 145. Please carefully familiarise yourself with the all details concerning collection and/or delivery of items following the conclusion of a transaction.
- 146. We may withhold delivery of any item until you have paid everything owing to us.
- 147. Any collection times specified by us in the listing, item 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.
- 148. 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 sale agreement. Your failure to strictly adhere to those collection instructions or 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.
- 149. Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
149.1. any law relating to occupational health and safety;
149.2. any directions or warning we have given about goods or their location
149.3. any directions given by us or anyone authorised by us when inspecting or removing any goods from any location.
- 150. You acknowledge that you inspect or remove goods at any location at your own risk.
- 151. 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.
- 152. If for any cause beyond the Company's control, including but without limitation to any act of God, war, strike, lock out, industrial dispute, governmental or semi-governmental award, enactment, priority or restriction, fire, flood, storm or tempest, delay in obtaining licenses, transport, labour, or materials, accidents or damage to the Company's work or business or those of its suppliers, the Company is prevented from making a Supply at the time stipulated, the Company shall be entitled at its option either to extend the time for Delivery or Supply for a reasonable period or to determine the Agreement and the Customer shall not in consequence in either case have any claim for damages against the Company and shall pay for all Supplies made or services performed prior to the date of such determination and all expenses incurred and monies paid by the Company in connection with the Order. 153.
- 154. We reserve the right to sell the item (if it was purchased for more than $200.00) upon terms we determine to be reasonable, if you do not collect the item within 30 days of a sale
- 155. If we sell the item in accordance with clause 109 we will refund the proceeds of sale to you, less Buyer's Premium, a storage charge based on a fee of $100.00 per day of storage and an administration fee of 15.00%. 156. Because of the administration costs involved, we reserve the right to sell or otherwise dispose of an item purchased for $200.00 or less, without refund to you. Risk and title
- 157. If the item is to be delivered by us to a place nominated by you, the risk in it will pass to you:
157.1. when it is despatched from point of sale
157.2. delivered; or
157.3. 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.
- 158. 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:
158.1. contact any carrier we use directly and authorise them to deliver the items to another address; or
158.2. arrange for collection from the carrier directly.
- 159. If you contravene this clause you will waive all rights you may have had to personal delivery, and you will be deemed to have accepted all responsibility for 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.
- 160. Title in any item will only pass to you when we receive the Invoice Amount in cleared funds.
- 161. 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.
- 162. You cannot change or request to change your delivery address details after despatch of the item. We have no responsibility if an item is not delivered where you change your delivery address details in those circumstances. Privacy
- 163. 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
- 164. 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.
- 165. By registering with the Service and accepting the User Agreement, you also consent to:
165.1. 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;
165.2. 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 or International 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 Governing law
- 166. This User Agreement is governed by and will be construed according to the law of Western Australia and is subject to the jurisdiction of the courts of Western Australia. National & International Duties & Tax’s
- 167. The Sale invoice will state whether the sale price of an item is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
- 168. You acknowledge and agree that:
168.1. 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
168.2. 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.
- 169. Any further duties or tax’s incurred with the receipt, transportation or delivery of the purchased item will be the sole responsibility of the purchaser Foreign Exchange Rate
- 170. All Stock Xchange business transactions are conducted in AUD currency
- 171. Exchange rate calculations are based on the day of the business transaction
- 172. In the event that exchange rate fluctuations incur a financial cost to Stock Xchange than Stock Xchange reserves the right to claim this loss Payment
- 173. The Company will submit to the Customer an Invoice for the Goods or any part thereof and the full amount of each Invoice, together with any additional charges, costs and expenses (if any), must be paid by the Customer to the Company within:
173.1. Date of purchase or:
173.2. 30 days from the date of the Invoice; or
173.3. within 30 days from either the date of:
173.4. receipt of the Goods by the Customer or their nominee;
173.5. receipt of the Goods by a nominated carrier for delivery the Customer.
173.6. or such other date as agreed by the Customer and Seller, whichever occurs first.
- 174. The application of any payment of funds received by the Company from or on behalf of a Customer may be applied towards any outstanding amount due to the Company and interest incurred on the principal, at the Company's discretion.
- 175. If payment is not made pursuant to these Conditions, any Invoice is overdue, the Customer ceases to carry on business, commits an act of bankruptcy, makes an assignment for the benefit of creditors, goes into liquidation, passes any resolution for winding up, a petition for winding is presented against the Company, a receiver, manager or other controller or external administrator of the undertaking or assets (or any part thereof) of the Company is appointed or is threatened or expected to be appointed or if the Customer becomes subject to an Administration order, all outstanding Invoices shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. Default by Customer
- 176. In the event that the Customer breaches or is alleged to have breached the Agreement, including but not limited to by reason of failure to pay any amount owing to the Company or by any other act or omission, or the Customer threatens or is likely to become subject to any insolvency, administration or bankruptcy or ceases or threatens to cease conduct its business in the normal course, the Company may, without prejudice to any other rights, including:
176.1. where any Goods have been delivered but the Invoice has not been paid that Invoice shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary
176.2. refuse to Supply Goods except where payment in full for that Invoice full has been received by the Company prior to Supply;
176.3. enter any premises where the Goods are stored and retake possession of any Goods for which the Company has not received full payment
176.4. resell recovered Goods (notwithstanding any reasonable incidental consequential loss or damage in respect of goods which shall or may have become constituents of other goods) at its discretion and the Customer irrevocably authorises the Company to enter any premises for that purpose; and
176.5. suspend performance of its obligations under any or all contracts or agreements or cancel any contracts or agreements with the Customer without any liability to the Customer including but not limited to any offer to Supply goods whether or not such an order has been accepted by the Company.
176.6. If the Customer defaults in paying any Invoice, unless otherwise agreed in writing by the Company, the Customer must pay interest on the Invoice calculated daily from the date the amount became payable to the date of payment at a rate of 15% per annum. Any unpaid amount together with interest and any other expenses becomes a debt due by the Customer to the Company and the Customer must pay the Company's costs of any enforcement action, including, but not limited to, any legal costs, on a full indemnity basis. PPSA
- 177. (Acknowledgement): The Customer acknowledges that the Company has a purchase money security interest in the Goods.
- 178. (Payments): The parties acknowledge that, except as otherwise agreed in writing by the parties, any payments made by the Customer to the Company must be applied in accordance with section the information and agreement in the terms and conditions of Stock Xchange
- 179. (Proceeds): The Customer acknowledges that the Company's rights and interest in proceeds derived from the Goods constitute a security interest in such proceeds.
- 180. (Financing statements): The Company may register any security interest contemplated by the Agreement on the PPS Register in any manner it chooses (including by registering one or more financing statements in relation to its interest in the Goods, with such expiry dates as the Company determines in its absolute discretion). The Customer must provide the Company with any information it requires for the purposes of giving effect to such registration.
- 181. (Seizure provisions): Without limiting any other provision of the Agreement, the Customer is in default under the Agreement for the purposes of the PPSA if any other secured party:
181.1. seizes the Goods (whether under PPSA, otherwise) for the purposes of enforcement; or
181.2. becomes entitled to seize the Goods.
- 182. (Verification statements): For the purposes of the PPSA, the Customer irrevocably and unconditionally waives its right to receive any notice from the Company in connection with the registration of a financing statement or a financing change statement in respect of the Goods.
- 183. (Warranty): The Customer warrants to the Company that the Goods are inventory of the Customer.
- 184. (Costs): The Customer agrees that any action taken by the Company in relation to the Company's security interest in the Goods is at the cost of the Customer.
- 185. (Further assurances): The Customer must take any steps the Company reasonably requires to perfect or otherwise ensure the enforceability and priority of any security interest granted to it under the Agreement, including, at the request of the Company:
185.1. obtaining and giving any consents;
185.2. producing and providing any receipts or information in respect of the Goods;
185.3. signing or procuring the signing of any documents;
185.4. facilitating registration of any security interest on the PPS Register;
185.5. facilitating the giving of notice to any person, including any person who also has, or appears to have, a security interest over the Customer or the Goods; and
185.6. Facilitating the exercise of the Company's right in enforcing any security interest.
185.7. The parties agree that other than the existence of a security interest in any Goods, and details of the relevant Goods, and the amount (if any) owing by the Customer to the Company from time to time in relation to any Goods, all other information relating to the Agreement is subject to a duty of confidence, and must not be disclosed to any party other than:
185.8. to a related body corporate of the Company or the Customer;
185.9. to an advisor, employee, banker, auditor or other consultant of the Company or the Customer; or as required by any law or by any government body or stock exchange (except that the parties agree that to the extent permitted, they will not disclose information of the kind described in the PPSA except as permitted by any other provision of this clause or required by any other law). Definitions and interpretation
- 186. Buy means the process by which you elect and submit a maximum purchase amount and our online system will automatically acquire that item under your account
- 187. Stock Xchange means the website located at www.stockxchange.com.au
- 188. Invoice Amount has the means the purchase price together with any other applicable charges, for example delivery charges.
- 189. Item Page means the page that contains the special terms and conditions and attaching to a particular good for sale.
- 190. Listing means the description of a product contained with the online catalogue and identified with its individual listing number.
- 191. Privacy Statement means that statement contained in the Privacy & Security Section of the Sites.
- 192. Product Information means any information posted by us on a Site in relation to any item posted by us for sale on the Site.
- 193. 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:
- 194. Returns Policy means that policy contained in the Returns Policy section.
- 195. 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 Listing Page.
- 196. Service means the services offered by each of Stock Xchange and its subsidiaries, suppliers
- 197. Site means the Stock Xchange website
- 198. User Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.
- 199. Us/we/our means Stock Xchange and its subsidiaries ABN 63 162 848 124, 45 Ventnor Avenue West Perth 6005
- 200. Vendor means the seller of any goods through an online lsiting or the supplier or manufacturer of goods sold through Stock Xchange website
- 201. Catalogue means a list of Lots published on the Stock Xchange website and scheduled to be sold
- 202. GST means the goods and service tax as imposed by the GST Law together with any related interest, penalties, fines or other charges to the extent that they arise from the Purchasers failure to pay when due.
- 203. GST Amount means any Purchase Price (or the relevant part of the Purchase Price) multiplied by the appropriate rate of GST (currently 10%).
- 204. GST Law has the meaning given to the term in A New Tax System (Goods and Services Tax) Act 1999 (Cth), or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and service tax in Australia and any regulation made under that Act
- 205. Taxable Supply has the meaning given to that term by the GST Law.
- 206. Tax Invoice has the meaning given to that term by the GST Law.
206.1. The Company may charge the Customer with any taxes applicable in regard to the Goods or the Supply including but not limited to any GST (Goods & Services Tax), stamp duty, other statutory charges or levies, including import duty or expenditure of any kind.
206.2. All amounts payable in relation to these Conditions are expressed to be exclusive of GST.
206.3. If GST is payable on a taxable supply as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), then the amount payable by the Customer for that taxable supply will be the amount expressed plus the applicable GST as at the date of Supply.
- 207. Goods means all goods and services supplied by the Company, or requested by the Customer for the Company to supply, including any associated equipment, accessories, parts and tools.
- 208. Invoice means an invoice issued by the Company to the Customer for a Supply.
- 209. Order means a request by the Customer to the Company for the supply of Goods
- 210. PPSA means the Personal Property Securities Act 2009 (Cth).
210.1.1. PPS Register has the same meaning as "register"
- 211. Supply or Supplied means the provision of Goods by the Company to the Customer
- 212. A reference to dollars or $ means Australian Dollars.
- 213. Words and expressions which are not defined in the Agreement but which have a defined meaning in the PPSA have the same meaning as in the PPSA.
- 214. An obligation of two or more persons binds them separately and together.