Gippsland New and Used Wares

Terms and Conditions

The text below is our user site agreement. These are the terms and conditions required for access to bid, buy and sell with Gippsland New & Used Wares. Please read completely before proceeding with your account registration.

Please read these Terms and Conditions carefully. Upon completion and submission of your registration details (and for all bidding conducted by you under those details), you are deemed to have accepted, and will be bound by these Terms and Conditions.

We reserve the right to change these Terms and Conditions from time to time. We recommend you review these periodically to check for any changes. We may suspend or terminate your account if you are suspected or found to have engaged in fraudulent activity in connection with the site.

Registration

When registering and placing a bid you acknowledge that you are entering into a legally enforceable contractual agreement as follows:
  1. To register for bidding you must provide name, address, phone, email address, driver’s license number. Details must be accurate when registering an account to allow successful registration. Providing Gippsland New & Used Wares with false or misleading information will not absolve you of any of your obligations as a bidder.

  2. That if you are the successful high bidder you will pay for and collect your items within the 3 days following the auction.

  3. In order to use this service you must have the legal capacity to enter into contractual arrangements. This means that you are unable to use the Gippsland New & Used Wares service if you are under 18 years of age or otherwise legally prohibited from entering into binding contracts.

Online & In House Auction Bidding

  1. When you use the Service and bid on an item during an online auction conducted on our Site, you are making an offer to buy the item at your bid price. If your bid price is the Winner's Bid Amount, you will be the Winning Bidder and are obliged to 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. REMEMBER: When you make a bid you are entering into a legally binding contract. Do not bid on an item unless you are able and willing to pay for it.

  2. Once your bid is placed at an Online Auction, it cannot be withdrawn.

  3. If you have set up the AutoBid function on your account, once your AutoBid is placed, it cannot be altered or withdrawn.

  4. Goods offered by Auction are sold on an “As is, Where is” basis. It is your responsibility to read the Product Information, contact Gippsland New & Used Wares for any other information we provide relating to any item listed for auction on the site or attend viewing during the opening times prior to auction ending. Please do not rely solely on the title summary or any photographs of the item. Please read the information provided and attend any advised physical inspections, to assess the suitability of an item for you before bidding.

  5. 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. Generally, a Buyer's Premium, and other charges including a card fee, delivery fee, will apply to all Online Auctions.

  6. You must not engage in any form of bid manipulation or betting.

  7. The auction closes at the end of the time period specified for that online auction where there are no new bids during the 5 minutes immediately preceding the end of the time period specified. If there are any successful bids on a particular lot/item within 5 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 bids within the Refresh Period. Due to circumstances beyond our control, the Refresh Period may vary from time to time by a number of seconds. Gippsland New & Used Wares accepts no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Refresh Period.

  8. Subject to any reserve price, the highest bidder shall be the purchaser and in the event of any dispute arising to lot maybe reoffered, the auctioneer shall be the sole arbitrator and his decision shall be final.

  9. Advances in bidding shall be regulated by the auctioneer and unless otherwise advised, will be at least twenty-five percent in advance of the previous bid. No bidder may retract their bid once it has been undertaken.

  10. The auctioneer may refuse to accept any bid which, in his opinion is not in the best interests of the vendor and may exclude any person or persons whatsoever from the auction at any time for any reason whatsoever, and particularly if he suspects they are engaging in collusive bidding practices.

  11. Gippsland New & Used Wares reserves the right to withdraw a lot from sale at any time before the auctioneer accepts a bid for the lot at the auction.

  12. No purchases may be removed until after the conclusion of the auction. All purchases must be paid for on the date of the auction and the purchases removed within (3) days of the date of sale or specified at the time of sale

Processing and Technological Errors

In the event of errors in processing and/or Site downtime or any other errors or delays caused to the Site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:

  1. Decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion);

  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;

  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;

  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;

  5. Void that entire online auction transaction and open the auction again at the original start prices.

Payment for Auctions

  1. In House Auctions - No purchases may be removed until after the conclusion of the auction. All purchases must be paid for on the date of the auction and the purchases removed within (3) days of the date of sale or specified at the time of sale.

  2. Online Auction Invoice can be pay while you are picking up your items or if delivery is required please contact Gippsland New & Used Wares the day after of auction ending from 9am to 5pm to arrange delivery and payment.

  3. The Invoice Amount may be paid by: either Credit Card or EFTPOS surcharges apply or by Cash or by other means previously arranged with management during the 3 days following the Auction.

If payment is not made within the 3 days following the auction we may, in our discretion and acting reasonably:

  1. bring court action against you for any outstanding amounts you owe us, including any Buyer’s Premium and all reasonable costs incurred by us as a result; and/or

  2. resell the item in any manner and on such conditions as we see fit. In some circumstances we may make a claim against you for the losses we have incurred if the resale price is less than the Invoice Amount.

Vendor/Seller

  1. The Vendor grants Gippsland New & Used Wares the exclusive right to sell his / her or its property at public auction and will decide the auction at which the property will be auctioned and may divide or combine the property into one or more separate lots. Gippsland New & Used Wares will incur no liability for the postponement of any auctions for any reason. Gippsland New & Used Wares and the vendor can come to an agreed reserve price where applicable.

  2. TITLE
    On delivery of goods, or upon listing on gippswares.com the Vendor warrants that it has full, clear and undisputed title to all goods so listed. Items are received on the clear understanding that after presentation, the items will be sold at the highest offer, subject to any reserve price.

  3. PHOTOGRAPHY
    Gippsland New & Used Wares reserves the right to photograph any property, and these images remain the property of Gippsland New & Used Wares.

  4. INSURANCE
    Insurance of the Goods is at the Vendors risk unless special arrangement, in writing, is made with our company.

  5. PERSONAL INJURY
    Gippsland New & Used Wares accepts no responsibility for any injuries to any person whilst affecting deliveries of goods to or in our premises or delivery to the buyer.

  6. FEES AND CHARGES
    All items received are subject to 16.5% (Inc GST) vendor commission or $5.50 whichever is higher and maybe subject to other charges including unsold fee, collection fee, disposal fee, advertising fee, administration fee or other fees that maybe applicable.

  7. PAYMENTS
    Gippsland New & Used Wares will pay the auction proceeds to the Vendor, net all commissions and costs, within 10 days from the close of all the items in the one consignment, together with a full auction report.

  8. NO GUARANTEE
    Gippsland New & Used Wares does not guarantee the selling price of any property. All estimates of the selling value are opinion only and shall not be construed as any promise of the selling price. Gippsland New & Used Wares is not liable for the errors or omissions in descriptions.

Warranty

No condition or warranty either expressed or implied is given by Gippsland New & Used Wares with any lot offered, as all lots are open for inspection prior to the commencement of the sale or for the duration of the online auction and are sold with all faults, if any. No sale shall be invalidated and no compensation shall be paid in respect of any faults or error of description of any lots sold. No lot shall be sold or deemed to be sold by order of sale description or by any other description.

Any statement as to the quantity of goods is approximate only and is presented to Gippsland New & Used Wares. Gippsland New & Used Wares gives no warranty that quantities as stated are correct. In addition to any other rights the purchaser may have compensation for shortages in quantity shall be given if demanded in writing before the delivery of the goods. In the event of any dispute as to compensation, the dispute shall be settled by an arbitrator who shall be a person mutually agreed upon by the parties.

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