User Agreement: Legends Auctions
The following terms and conditions (“User Agreement”) govern your use and access of www.legendsmemorabiliaauctions.com (the “Website”) and Auction Service.
In this User Agreement:
“Auction Service” means the buying and/or selling services provided by us on the Website.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“GST” means the 10% goods and services tax in Australia.
“Reserve Price” means the undisclosed minimum price that an item can be sold.
“Third Party Authenticator” means an objective third party who guarantees the authenticity of a signed item.
“User” or “You” or “Your” means a user of the Auction Service.
“We” or “Us” or “Our” – means Legends Memorabilia [put ABN and full business name].
- Acceptance of User Agreement
By using the Auction Service, you agree to the terms, conditions, disclaimers and notices contained in this User Agreement. You must ensure that you have read and acceptedthe User Agreement before using the Auction Services. If you do not accept the User Agreement, you must immediately stop using the Auction Service and/or close your account in accordance with clause 3.3.
You should also read our Privacy Statement (hyperlink?).
- Registration and Accounts
In order to use the Auction Service, you must be at least 18 years of age and register an account with us. You must ensure that your personal information is true and accurate, and promptly update your personal information when necessary. We reserve the right to suspend or terminate your account and refuse all current and/or future use of the Auction Service if we have reasonable grounds to believe that such information is untrue or inaccurate.
3.2 Account Details
You must protect your account details, including your login ID and password, from all persons. Any activity that is carried out by your account will be your responsibility and will be deemed to have been carried out by you. You must notify us immediately if you suspect there has been an unauthorised use of your account or any other suspicious activity. We are not liable for any loss or damage arising from unauthorised use of your account and/or the failure to comply with this provision.
3.3 Closing Your Account
You may close your Legends Memorabilia Auctions account by contacting customer support on the Website or by emailing us directly at email@example.com. You may not close your account where you have outstanding fees owing on your account or you are the highest bidder on an auction.
3.4 Suspension of Account and/or Auction Service
We may suspend your account or use of the Auction Service if you:
- fail to make the full payment of the amount owed under an invoice;
- refuse to make or take delivery of an item;
- provide inaccurate or misleading personal information upon registration or otherwise; or
- engage in any other conduct that is in breach of this User Agreement.
- Auction Service – Specific Terms and Conditions
4.1 Items offered on the Auction Service
We endeavour to provide accurate descriptions to fairly reflect each item listed for sale on the Auction Service and ensure that each item listed on the Auction Service is available at the time of the auction.
All signed items are accompanied by a Certificate of Authenticity from Legends Memorabilia or other Third Party Authenticator.
4.2 Use of the Auction Service
By using the Auction Service you represent and warrant that you will:
- comply with all regulations, policies and procedures of the Auction Service;
- not solicit or attempt to solicit sales from another User that were first listed as part of the Auction Service;
- not manipulate or interferewith the price of any auction, including the use of secondary registrations, associates and aliases or communicating with other Users for the purpose of manipulating the final purchase price of an item;
- not interfere with or disrupt the networks connected to the Auction Service;
- not use the Auction Service for illegal purposes;
- not re-sell or offer to re-sell access to the Auction Service to another person;
- not make or offer to make commercial use of the Auction Service to another person;
- not distribute viruses or any other technology that may harm Legends Memorabilia Online Auctions or other Users;
- not copy, reproduce, modify or create derivative works of the Website or Auction Service without our prior written consent; and
- not copy, modify or distribute rights or content from the Website, Auction Serviceor Legends Memorabiliatrademarks and copyright.
We do not warrant or guarantee that the Auction Service will be uninterrupted or error free. You acknowledge that by using the Auction Service that the Internet may be an insecure and unstable marketplace. The Auction Service may not be available at all times and/or bids placed may not be processed or may not be accepted for reasons beyond our control. We accept no responsibility for such errors.
4.3 Bidding on the Auction Service
It is your responsibility to read the item description carefully before placing a bid on the Auction Service. The item description will contain the subject matter of auction and any other applicable terms and conditions such as shipping, delivery and premiums.
When you place a bid for an item using the Auction Service, you make an offer to purchase the item at the bid price. Bids cannot be lowered or withdrawn once made unless the item description or listing has materially changed.
The auction will close at the end at the scheduled time listed in the item description unless a new bid is made within the last 5 minutes of the scheduled closure. In such a case, the auction will go into overtime and the auction will continue to be extended until there are no new bids made for a continuous period of 5 minutes.
Unless the Reserve Price has not been met, the highest bidder at the conclusion of the auction will be the winner of the auction and will be bound to comply with the conditions of the sale. When two or more bids for the same item are made for the same amount, the winning bid will be the bid that was made first.
We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in auction overtime. Nor do we accept any responsible for bids that are not received, processed or accepted due to technical difficulties or any other loss or damaged caused to you as a result.
4.4Purchase of Consigned Items
We may from time to time, at our sole discretion, offer consigned items from other Users or persons on the Auction Service. The item description on the listing will specifically state whether the item is consigned or not. It is your responsibility to ensure that you have read the item description listing before placing a bid on or purchasing a consigned item.
While we endeavour to be selective in the offering of consigned items on the Auction Service and only offer consigned items with authenticities from Third Party Authenticators we believe are reputable, we cannot guarantee the individual authenticity of a consigned item. Our money back guarantee does not apply to consigned items and any issues concerning the authenticity of a consigned item or otherwise, must be made to the relevant Third Party Authenticator.
We accept no liability for any loss or damage caused to you as a result of purchasing a consigned item.
4.5OurRight to Withdraw, Cancel or Re-offer an Auctioned Item
We may, at our discretion, withdraw, cancel and/or re-offer an item on the Auction Service before the scheduled conclusion time. This includes but is not limited to circumstances where:
- the item does not receive any bids or fails to receive a bid at or above the Reserve Price;
- the item is incorrectly described in the item description or is inadvertently or incorrectly listed more than once;
- the item is withdrawn by the provider of the item;
- the item becomes unavailable due to damage or any other unforeseeable circumstance;
- there is suspected price manipulation or other fraudulent activity; or
- there are processing or technological errors on the Website or any other Website or Auction Service failure.
In the event of processing errors, site downtime or any other errors or delays caused to the Website and/or Auction Service, We reserve the right to extend an auction, re-open an auction, retract a notification to a winner of an auction and/or void or cancel an auction.
4.6 Reserve Price Auctions
Some items on the Auction Service may be listed with a Reserve Price. To win the item, the highest bidder must meet or exceed the Reserve Price. Where the Reserve Price has not been met at the conclusion of the auction, the item will remain unsold.
4.7‘Buy Now’ Option
You may purchase items that display the ‘Buy Now’ option immediately for the nominated price. The ‘Buy Now’ option will only be available on a listing until an item receives a bid. By purchasing a ‘Buy Now’ item, you agree to be immediately bound to the conditions of the sale and your offer cannot be withdrawn or revoked.
The details concerning the collection and/or delivery of a sold item will be provided in the listing description of the item.
We reserve the right to withhold delivery of sold items until you have paid the full balance of the amount owing for the item, including all additional costs such as GST, shipping and any applicable premiums.
If you live outside of Australia, you must ensure that you have made the necessary arrangements for an item to be legally imported into your country. We make no representation or warranty to you or any third party in the respect of availability or issuance of valid import or export permits for items purchased using the Auction Service.
- Fees and Payment for Purchased Items
We do not charge you any fees for joining on the Auction Service. We may, however, charge a Buyer’s Premium for the purchase of consigned items. Please refer to clause 5.2 for more information.
5.2 Buyer’s Premium
Consigned items offered as part of the Auction Service will be subject to a Buyer’s premium of “..%”. Unless otherwise stated, all prices on the Auction Service are shown exclusive of the buyer’s premium and will be payable in addition to the purchase price of the item.
The item description in the listing will state whether GST is applicable. If GST is applicable and not stated as inclusive, that amount will be payable in addition to the winning bid amount or purchase price.
5.4 Shipping and Handling Costs
The shipping and handling costs will be provided and outlined in the item description of the listing.
If you live outside of Australia, you will be responsible for any import and/or custom duties, charges and taxes that may apply in your country.
For items purchased at auction, you must pay the winning bid amount and any other applicable fees and costs such as shipping, GST or the buyer’s premium within 7 days of the conclusion of the auction. If your nominated payment method is by credit card, the total amount owing will be deducted within 24 hours of the conclusion of the auction.
For items purchased under the ‘Buy Now’ option, the total purchase price of the item, including shipping and all other applicable fees and costs will be payable immediately upon checkout.
5.6 Payment Methods
We accept the following payment methods:
- Credit card;
- Direct deposit;
- Paypal; and
5.7 Failure to Pay
If you fail to pay the total amount owing by you in the stipulated timeframe, we may:
- initiate legal action against you to recover the amount owing;
- cancel the sale and re-sell the item; and/or
- suspend your Auction Service account.
Title in the item does not pass to you until you pay the full amount owed to us.
- Refunds and Returns
Notwithstanding any rights you may have under the Australian Consumer Law, you may only return an item purchased on the Auction Service within 7 days of delivery if upon the delivery:
- the item does not match the listing description; or
- the item has a material defeat.
In such a case, you must notify us immediately and we will provide you with information on how and where to return the item. Once the item has been returned to us, you will be entitled to a full refund of the total purchase price. You will also be entitled to receive a refund on the return postage costs where you have provided us with a receipt of postage.
Unless specifically stated or otherwise required by law, we do not make any representations or guarantees that items purchased via the Auction Service are fit for a particular purpose and/or that we will be able to replace or exchange any of the items which are found to be defective on delivery.
We do not offer refunds for change of minds.
- Our Money Back Guarantee
All signed items on the Auction Service are accompanied with a Certificate of Authenticity to guarantee that the item is authentic. We offer a 100% money back life-time guarantee on non-consigned items that are found to be unauthentic. To be eligible for a full refund of the purchase price you must retain your proof of purchase and/or Legends Memorabilia Certificate of Authenticity.
We aim to resolve any disputes as soon as possible and at a minimum cost to you. If you have a dispute with us, please contact us first. We will consider all reasonable requests to have disputes resolved through alternative dispute resolution including arbitration and mediation.
- Our Liability
Notwithstanding any other term in this User Agreement, we do not exclude or limit the application of any provision of any guarantees under the Australian Consumer Law that apply to the Auction Service. To the extent permitted by law, our breach of a guarantee under the Australian Consumer Law is limited to:
- in the case of goods, any one or more of the following, at our discretion:
- the replacement of the item or supply of an equivalent item; or
- a full refund in accordance with clause 6.
- in the case of services:
- the supply of services again; or
- a refund of any fees owed by a User.
We are not liable for any loss, claim or damage, including of any money, goodwill or reputation, or any special, consequential or indirect loss arising from direct or indirect use or inability to use the Auction Service.
You agree to indemnify Legends Memorabilia (and its officers, directors, agents, related bodies corporate and employees) against any claim, loss, damage, cost of expense (including reasonable legal fees) arising out of or in connection with your:
- breach of this User Agreement;
- use of the Website or Auction Service; and/or
- violation of law and/or any other rights of a third party, including infringement of copyright or intellectual property rights.
In order to provide the Auction Service, we require and collect personal information from you. We will use this information for the sole purpose of providing the Auction Service and verifying your identity. We have prepared the Legends Memorabilia Online Auction Privacy Statement which provides information on how we collect, use, hold and disclose your personal information.
We recommend that you read the Legends Memorabilia Online Auction Privacy Statement as it forms part of this User Agreement.
- Governing Law
All legal issues arising from or related to the use of the Website and/or Auction Service shall be governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
- Changes to the User Agreement
We may, at any time, and at our sole discretion, amend or modify the User Agreement by posting the terms on the Website and by notifying you via the email address you have linked to your account. Any amendment made to the User Agreement will be effective 14 days after posting unless otherwise stated. If you do not agree and accept to the amendments, you may close your account in accordance with clause 3.3 of this User Agreement.
In the event that any provision of this User Agreement is held to be unenforceable, invalid or illegal, then it is intended that such provision will be read down or if it cannot be read down, severed. The remaining provisions will remain in full force and will not be affected.
Clauses 4.4 (Purchase of Consigned Item), 7 (Our Money Back Guarantee), 8 (Disputes), 9 (Our Liability) and 10 (Indemnity) survive termination of this User Agreement.
Where we do not act on a breach by you or others of this User Agreement, we do not waive our right to act on subsequent or similar breaches.
Headings are for convenience only and do not affect the interpretation of this User Agreement.