Terms and Conditions
All
Bidders, Buyers, Sellers, or other persons herein after known
as "Users", participating in the Woody's Bargains
system agree to use such system strictly in accordance with
the Terms and Conditions as specified by Woody's Bargains
below
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1. GENERAL
All goods
sold or purchased under the Woody's Bargains system are sold
or purchased subject to these Terms and Conditions.
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All
users hereby release, waiver, indemnify, and not to sue or
take any legal action against Woody's Bargains hereafter known
as Woody's Bargains, its officers, owners, shareholders,
directors, agents, employees, lessors, co-sponsors, heirs and
successors, all for the purpose herein referred to as
"Agent", regarding any and all liability to the
"Users", my personal representative, heirs,
successors and assigns, for any and all loss or damage in any
claim or demands on account of injury to the person or
property, or resulting in the death or monetary loss to the
"Users", whether caused by negligence or other
wrongful act or omission of the releases or otherwise which
may occur, directly or indirectly from purchase or sale or the
use of the merchandise, vehicles, and/or electronic facilities
of Woody's Bargains. The "Users", further expressly
agrees that this release is intended to be as broad and
inclusive as permitted by Australian Federal Law, and the Law
of the State of Victoria, and if any portion is held invalid,
it is agreed that the balance shall continue in full legal
force and effect.
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These
Terms and Conditions constitute the entire Terms and
Conditions with respect to the sale and purchase of items or
products listed herein by users of Woody's Bargains. By
registering, users are agreeing to be bound by the Terms and
Conditions provided herein. Users should not submit an Woody's
Bargains application form if they do not accept these Terms
and Conditions. These Terms and Conditions shall be governed
and interpreted by the laws of the State of Victoria
Australia. Users expressly agree to: (a) provide certain
current, complete, and accurate information about yourself as
prompted to do so by the System; and
(b) maintain and update this information as required to keep
it current, complete and accurate.
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2. DISPUTE
In the event
of any dispute arising from the use of the Woody's Bargains
system. Woody's Bargains shall be the sole determinant in such
dispute. Woody's Bargains accepts no liability for errors
and/or omissions arising from such determination.
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3.
IDEMNIFICATION
Woody's Bargains
acts solely as an Agent and service provider of the Woody's Bargains
system. In the event of any dispute arising through any sale,
purchase or for any other reason by the users of the Woody's Bargains
system. All users hereby agree to indemnify Woody's Bargains.
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4. BIDS
Users
acknowledge that bids placed on the Woody's Bargains system
can be increased by price and/or volume but it is only under
exceptional circumstances that bids can be withdrawn.
The successful winning user agrees to pay the seller for all
goods in which he is deemed to be the successful winning user
by Woody's Bargains.
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5. ITEMS LISTED FOR
SALE
Upon posting
of an item onto the Woody's Bargains system by a user, the
selling user agrees to pay Woody's Bargains by way of an
electronic transfer from the credit card account as supplied
by the user to Woody's Bargains, the amount as prescribed for
insertion of the said item to be listed in the Woody's Bargains
system.
6. AUCTION CLOSURE
Upon the
closure of an auction item with a successful winning user, the
selling user agrees to pay Woody's Bargains by way of an
electronic transfer from the credit card account as supplied
by the selling user to Woody's Bargains or by other payment
options presented by Woody's Bargains, the amount as
prescribed for sale commission of the said item listed by Woody's
Bargains.
(Note! It is a criminal offence to use a credit card to obtain
a financial advantage by deception and offenders will be
prosecuted).
Payments made after the payment deadline quoted in the email
or in Merchant Services pages, if accepted, incur a 5%
handling fee.
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7. RESERVE
PRICE
Should a
reserve price as set by the seller not be reached by the close
of the auction, Woody's Bargains will notify the seller by
email of the email details of the user with the highest bid.
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8. SHIPMENT
- Person-To-Person
- Merchant Services, Woody's Bargains
Shipping arrangements are usually the sole responsibility of
the successful selling user. This can be varied by the
seller within the listing
Merchant Services will engage a carrier on the buyers
behalf. Once the item is passed to a commercial carrier,
responsibility passes to the carrier.
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9. BUYING
All elements
of a sale including settlement of the sale/ purchase price
initiated by the buying user on the Woody's Bargains system
are the sole responsibility of the buying user.
10. SELLING
- Person-To-Person
- Merchant Services, Woody's Bargains
All elements of a sale initiated by the selling user on the
system are the sole responsibility of the selling user.
All items are sold under the following Merchant
Services Terms and Conditions
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11. TITLE AND
RISK
a) Products
supplied by Woody's Bargains to the customer will be at the
customer's risk immediately upon delivery of the products to a
recognised carrier for transport to the customer or into the
customer's custody and control (whichever is the sooner).
b) Woody's Bargains will not be liable for any damage or
defects in the products that have been caused by the improper
storage, warehousing or transport, or by any neglect, abuse or
improper use,.installation, or maintenance.
c) The customer must effect and maintain with a reputable
insurance company insurance for the products, at its cost,
against all risks as it thinks appropriate.
d) Risk in the products will remain with the customer at all
times unless Woody's Bargains retakes possession of the
products.
e) Title in the products supplied by Woody's Bargains to the
customer will not pass to the customer until those products
and any other products supplied by Woody's Bargains to the
customer have been paid for in full.
f) If the products have not been paid for in full, lot will
remain in the warehouse and the successful winner will incur a
negative rating, which can be saved only by the submission of
penalty fee being the fee required for the relisting of the
item which is 15% of the highest winning bid.
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12. LISTING
CONTENT
Selling users
agree not to publish any pornographic, obscene, slanderous,
pirated, offensive, or other illegal material on the Woody's Bargains
system.
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13. WITHDRAWAL
Woody's Bargains
reserves the right to withdraw any item from sale or any user
bid at any time without notice or explanation.
Woody's Bargains reserves the right to reject or cancel bids,
reject any items for sale which it believes are not in
accordance with these Terms and Conditions, operating
procedures, or are deemed illegal under Federal, State or
Local laws or are deemed to be not in the best interests of
the buyer user and or the selling user. Bids are restricted to
individual lots only.
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14. LIMITATION
OF LIABILITY
Most items
listed for sale by Woody's Bargains are entered and described
by the selling user without intervention or editing by Woody's
Bargains. Woody's Bargains, therefore, cannot and will not be
held responsible for the accuracy of the descriptions used to
identify the said items, nor will they accept any
responsibility for same, and expressly deny liability for any
warranty or description stated therein. Statements of the
items noted in the Woody's Bargains listings by the
manufacturer and/or individual selling user are the opinion of
the selling user and should not be construed as the opinion of
Woody's Bargains or as a matter of fact.
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Woody's
Bargains
is not responsible for the failure to execute a bid, for
errors relating to the execution of a bid, or for technical
problems, which may hinder the efficiency of a bid. Woody's Bargains
can not be held responsible for any email transmission times
and/or delays.
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Woody's
Bargains
is further indemnified under clause 3 and will not be held
responsible for any claims arising from: -
a) The non payment of sales tax or any other Government
charges resulting from the sale through Woody's Bargains
system. (Responsibility of seller)
b) Claims against copyright (It is illegal to sell computer
software that is not licensed by the manufacturer).
c) Theft of stored data (Data files or stored data not
intended to be included with the goods remain the property of
the author).
d) Claims against occupational health and safety. (It is the
responsible of the buyer to ensure that goods offered comply
with appropriate safety requirements).
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15. Woody's Bargains
AND USERS
Woody's Bargains
will make the best endeavours to avoid any misrepresentation
of items offered for sale by any selling user and is
indemnified in Clause 3 above. Should any such
misrepresentation occur Woody's Bargains reserves the right
to:-
a) Ban any selling user it believes on reasonable grounds to
be falsely misrepresenting items.
b. Reserves the right to publish any information on Woody's Bargains
regarding selling users history. Should Woody's Bargains
publish any such information it is acknowledged that that they
are indemnified in clause 3 above
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16. MONITORING
Woody's Bargains
reserves the right, but not the obligation, to monitor the
content of the website, including lot listings content and
user feedback, to determine compliance with this agreement.
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17.
FURTHER ACKNOWLEDGEMENTS
Woody's Bargains
reserves the right, as its sole discretion and without
limitation, to:
a) Amend its Terms and Conditions and/or rules, procedures or
policies without prior notice;
b) Delay application processing or participation within the Woody's
Bargains system; and
c) Refuse and/or reject any "Bidder Alias" selection
or bidder comment (intended for display on the Woody's Bargains
system) that Woody's Bargains considers offensive or not in
the interests of Woody's Bargains . |
