Buyer Terms and Conditions
Terms and Conditions applicable to a buyer of Products using Aussie Supplies PTY LTD
These terms and conditions are the contract between you and Aussie Supplies ("us","we", etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
Aussie Supplies is a trade name of Aussie Supplies PTY LTD, ABN 68 602 263 847,whose registered office is at 95 Long Street, Queenstown SA 5014
1. Definitions
"Content" means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
"Our Website" means all of the hardware and software installation that enables our website to function.
"Post" means any item offered for sale on Our Website, whether physical goods or downloads.
"Product" means any item offered for sale on Our Website, whether physical goods or downloads.
"Seller" means a person who offers a Product for sale on Our Website.
"Service" means any service we provide, whether through Our Website or otherwise.
2. Our contract
1. Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Product on your behalf.
2. Aussie Supplies is neither a buyer nor seller of Products offered for sale in any form. Aussie Supplies is never either a principal or agent in a buying transaction.
3. Aussie Supplies is a marketplace. We are agents of a Seller only in provision of this website as a platform for sale of his products and for collection and forwarding of your money.
4. We are not responsible to you further than to take your money and pass it to the Seller.
5. We welcome any comment or complaint about a Seller, which you make through our web site. We may act upon a complaint in our discretion, for the benefit of the body of Aussie Supplies members.
6. These terms and conditions regulate the business relationship between you and us. By using our web site free of charge, you agree to be bound by them.
7. We provide a market place for the supply of Products. We are in no way responsible for:
7.1 your locating and ordering Products;
7.2 your choice of Products;
7.3 Any aspect of the provision of the Products;
7.4 Payment for any Product;
7.5 Any complaint about any Product.
8. If you use this website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave the website.
9. In any dispute with a Seller, you should deal only with the Seller. We have neither legal status nor product information.
10. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
Your account and personal information
11. When you visit Our Website, you accept responsibility for all things done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
12. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
13. You agree to notify us of any changes in your information immediately once it occurs. If you do not do so, we may terminate your account.
You agree to notify us of any changes in your information immediately once it occurs. If you do not do so, we may terminate your account.
The buying procedure
14. Aussie Supplies is not responsible for the fulfilment of your contract to buy a Product.
15. Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.
16. Unless it is clear to the contrary, you may assume that every sale is made by a trader in the course of his business.
17. Products may be offered for sale subject to any discount or promotion arranged between Aussie Supplies and the Seller.
18. Subject to discounts and promotions, Products are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately.
19. All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Seller for each item offered for sale. It may be changed at the discretion of the Seller. Once you have bought an item, the delivery charge offered to you cannot be increased.
20. Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
21. You are required to pay in the currency in which the item is listed for sale on Our Website.
22. Every sale will be subject to the laws applicable but there shall not be implied any right which is not a legal right and which is not set down in this document.
23. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
24. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service Seller. For full information about personal information please see our privacy notice.
Security of your credit card
25. We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
26. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
The Aussie Supplies guarantee
27. To give you the utmost confidence in the Aussie Supplies buying experience, we make the following guarantee:
28. If the Seller fails to supply an item to you for which you have paid, or supplies an item which is substantially different from what you ordered, we ourselves will refund the cost to you.
29. This guarantee is subject to the following conditions:
30. You must first follow the returns and refunds procedure set out on Our Website;
30.1 The maximum payment is $250. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;
30.2 The claim form must be completed truthfully and accurately;
30.3 you must provide a street address to us in Australia you are limited to a lifetime maximum of five claims and a maximum of one item in two years;
30.4 you must not have requested a charge back from your credit card company.
31. The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.
If you buy as a consumer
32. If your customer cancels his contract within ten days of having made it, the Seller has a legal obligation to refund your payment in full.
33. If he has despatched your order by the time he receives your cancellation, you may still return the product to the Seller, un-used, and in sale condition, within 14 days of receipt.
Maintaining your personal information
34. You understand and agree that you alone are responsible for all of the information you submit to us and for maintaining it up to date.
35. So far as you submit information for publication, must be accurate and complete. It must not include information which might enable a user to contact you directly, such as a telephone number, email address or street address.
36. By registering with us, you accept that we may send to you from time to time offers by third parties to supply goods or services to you.
37. If or when you cancel your account, we may delete all your personal information and documents relating to you. We may also delete your information if you have not taken any active step for a period of at least 24 months.
38. We are not obliged to delete your personal information immediately. We are not liable for any action of a third party in their use of your information.
How we handle your Content
39. Our privacy policy is strong and precise. It complies fully with current Australian law.
40. If you Post Content to any public area of Our Website it becomes available to all the World. We have no control who sees it nor what anyone does with it.
41. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
42. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
43. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
44. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968 Part IX.
45. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical
46. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
47. You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
48. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
49. Please notify us of any security breach or unauthorised use of your account.
50. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 9.5
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
51. Be unlawful, or tend to incite another person to commit a crime;
52. Consist in commercial audio, video or music files;
53. Be obscene, offensive, threatening, violent, malicious or defamatory;
54. Be sexually explicit or pornographic;
55. Promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
56. Be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person or Seller;
57. Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
58. Give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
59. Be made on behalf of some other person, or impersonate another person;
60. Use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
61. Request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
62. Be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
63. Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
64. Facilitate the provision of unauthorised copies of another person's copyright work;
65. link to any of the material specified in this paragraph;
66. Promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);
67. Use distribution lists that include people who have not given specific permission to be included in such distribution process;
68. Consist in posting excessive or repeated off-topic messages to any forum or group;
69. Send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content
If you accept our offer to advertise market or promote your product, the following conditions apply.
In Connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
70. Hyperlinks, other than those specifically authorised by us;
71. Keywords or words repeated, which are irrelevant to the Content Posted.
72. The name, logo or trademark of any organisation other than yours.
73. Inaccurate, false, or misleading information;
74. Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
Removal of offensive Content
75. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose..75. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
76. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
77. If you are offended by any Content, the following procedure applies:
77.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
77.2 We shall remove the offending Content as soon as we are reasonably able;
77.3 After receiving a notice of a claim or complaint, we shall investigate so far as we alone decide;
77.4 We may re-instate the Content about which you have complained or we may not.
78. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
79. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading Content of some sort. We may read, assess, review or moderate any Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
80. Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
81. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
82. Download any part of Our Website, without our express written consent;
83. Collect or use any product listings, descriptions, or prices;
84. Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
85. Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
86. For any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
87. Use Our Website to hack into the computer of any other person or make contact with any other computer;
88. Make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
89. Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software;
90. Upload or republish any part of our Content on any Internet, intranet or extranet site.
91. Hide or remove the banner advertisements on any page of Our Website;
92. Share with a third party any login credentials to Our Website;
93. Use on Our Website software which assists in:
93.1 Data mining, extraction or collection;
93.2 Emulating, hacking, password cracking, IP spoofing or over- loading Our Website;
93.3 "Framing", inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
93.4 Performing any automated operation;
94. Despite the above terms, we now grant a licence to you to:
94.1 Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
94.2 Copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
Copyright and Other Intellectual Property Rights
95. All Content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
96. You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
Interruption to the Aussie Supplies Service
97. We give no warranty that the Aussie Supplies Service will be satisfactory to you.
98. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Aussie Supplies Service for repairs, maintenance or other reason. We may do so without telling you first.
99. You acknowledge that our Aussie Supplies Service may also be interrupted for reasons beyond our control.
100. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Aussie Supplies Service.
Our disclaimers
101. Our website contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
102. We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
103. The Aussie Supplies website and Aussie Supplies Services are provided "as is". We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
103.1 Of satisfactory quality;
103.2 Fit for a particular purpose;
103.3 Available or accessible, without interruption, or without error;
104. So far as concerns goods you buy through Our Website, we are not liable for:
104.1 Any goods or product or service complying with the requirement of any law or being available;
104.2 The Seller performing his contract;
105. Because we are not the agent or either Seller or buyer, you now release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.
Miscellaneous matters
106. No amendment or variation to this agreement is valid unless changed by Aussie Supplies
107. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
108. For the purposes of the Data Protection Laws you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
109. If you are in breach of any term of this agreement, we may:
109.1 Publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
109.2 Terminate your account and refuse access to Our Website;
109.3 Remove or edit Content, or cancel any order at our discretion;
109.4 Issue a claim in any court.
109.5 Withhold any monies owing to the Seller or Aussie Supplies
110. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
111. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
112. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e- mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
113. Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery by e- mail.
It shall be deemed to have been delivered:
If delivered by hand: on the day of delivery;
If sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender
114. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
115. This agreement does not give any right to any third party, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies.
116. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
117. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
118. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
119. The validity, construction and performance of this agreement shall be governed by laws of the State of South Australia. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the State of South Australia and Australian courts.