Terms of Sale

Terms of Sale

1. General Overview 

Collectable Cameras 4 Sale End User Agreement (EUA) The following terms of sale and conditions govern the sales that we offer at this website (“End User Agreement”). It covers all online auction sales and pre & post auction offers. Please read this document carefully. When you register your details on the website, you are deemed to have accepted, and will be bound by the EUA, as amended by us from time to time. By registering and bidding you have agreed to our terms and conditions of sale (EUA). If necessary please familiarise yourself with them prior to bidding on items in this sale.

Registration

Bidders and Buy It Now purchasers must register their details to use the website (your “My Account”). Registration is free and does not oblige to you purchase anything.

Equipment Location

All equipment for sale is located in Perth, Western Australia.  If you wish to pick up your purchases in person or organise your own courier the equipment will be delivered to Pack & Send, 16 St. Georges Terrace, Perth, Western Australia 6000 once payment has been received.  Please present your invoice for equipment identification.

Equipment Condition

Offered assets are used equipment, therefore inspection is highly recommended prior to bidding, Product Descriptions & photo images should be used as a guide only

Please Note: All images are of actual cameras and age will naturally affect appearance. The images and magnified detail form part of the description and as such should be taken into account when bidding. If you are concerned about blemishes and marks, please do not bid on that item.

ALL ASSETS IN THIS SALE ARE SOLD AS IS

BUYER’S PLEASE NOTE:

  • Collectablecameras4sale.com are acting as exclusive agents for all available equipment, whether sold during the auction process or by accepting post-auction offers.  Price negotiation with equipment owner is strictly forbidden.
  • Collectablecameras4sale will offer flat rate postage via Australia Post both domestically and Internationally at the buyer’s expense.  Tracking numbers and signature on delivery will be included.  If you wish to use a professional delivery service contact Pack & Send for a quote.  Contact details are on the website.  Please consider this prior to bidding.
  • Inspection of the assets is highly recommended. Offers on assets in this sale should be made based on your inspection and assessment of the goods.
  • All information concerning model, year and equipment condition is to the best of our knowledge based on reliable resources. We recommend performing your own checking or inspection as variances and interruptions to manufacturer serial sequences have been known to occur.
  • Descriptions and photographs should be used as a guide only.
  • If you are unsure do not bid as no refunds will be given.
  • Items must be inspected before removal from Pack & Send as refunds or exchange are not given under any circumstances.
  • Collections are not allowed outside of the dates specified in clause 4.1 below.
  • Inspections are not allowed outside of the times specified in clause 3.2 below, unless by appointment only.

 

2. Sale Information

All prices shown on this Site are in Australian Dollars only

Sale Item Prices are GST Exclusive (Australian Bidders Only) – Under Australian Taxation Law GST is not applicable to sales of personal items as offered on this website.

Product Condition – Please refer to the individual Product Description for product condition. All lots are used equipment and have photo images assigned to them. Photo images are of the original auction equipment, but should be taken as a guide only.

Payment Method – Payment is accepted by Direct Deposit Bank Transfer.  All sales are via collectablecameras4sale.com with payment direct to vendor’s nominated account. No direct negotiations with the vendor will be entertained.

Payment – Invoice totals exceeding $5000 must be paid by direct deposit within 2 days of auction closing. A Buyer’s Premium of 10% applies to all items purchased through this website. The Buyer’s Premium will be added to your final bid price including any postage costs.
Buyer’s Premium also applies to post-auction offers.

Example – Bid Price: Successful Bid Price price is $10,000 + 10% Buyer’s Premium = $11,000 (no additional tax payable).  Buyer’s Premium amounts are detailed on the Cart and Checkout pages prior to placing the order

Payment Terms – Please Note:

  • All payments are by Direct Deposit Bank Transfer EFT to Ashley Heuchan using your payment facility as detailed on your invoice.
  • No credit offered or Letters of Credit accepted as payment options on any Lot auctioned on this Site.
  • Lots not paid for within 2 days of the online auction closing may be re-auctioned or offered to the second highest bidder at our sole discretion.
  • We may also seek additional out of pocket expenses as stated in Section 3.2 “Online Auctions – Your Obligation To Pay”
  • If payment terms cannot be met, please do not bid on Lots.

Payment for equipment purchases must clear the vendors account prior to equipment dispatch. Please note that personal cheques, company cheques will not be accepted. Bank Transfer payments will be deducted immediately. To assist in the processing of payments please have funds available. Invoice totals exceeding $5000 will not be split.

Any payment enquiries, please email [email protected]

 

3. Inspection 

  1. Equipment Inspection Inspection of the equipment is highly recommended.
  • Bids on equipment in this sale should be made based on your inspection and assessment of the goods.
  • Descriptions and photographs should be used as a guide only.
  • All information concerning model, year and equipment condition is to the best of our knowledge based on reliable resources. We recommend performing your own checking or inspection as variances and interruptions to manufacturer serial sequences have been known to occur.
  • If you are unsure do not bid as no refunds will be given
  1. Inspection Times
  • Inspection time is shown on the front page of the www.collectablecameras4sale.com website, unless otherwise stated in the Product Description
  1. Equipment Location
  • Equipment location is shown on the front page of the www.collectablecameras4sale.com website, unless otherwise stated in the Product Description

4. Asset Delivery and/or Collection Post Auction

DELIVERY VIA AUSTRALIA POST IS STANDARD FLAT RATE. THE POSTAGE COST OF THE GOODS IS THE BUYERS RESPONSIBILITY

  1. Equipment Availability – Equipment purchases will be available once funds have cleared the sellers account.  Items not removed within 7 – 14 days after a sale has completed are subject to additional fees – see Clause 8.1 below.
  2. Pick up date/timeEquipment pick up arrangements to be coordinated via email through [email protected]
  3. Collection Locationaccess to the sold items in person can be made via Pack & Send, 16 St. Georges Terrace, Perth, WA 6000 unless instructed otherwise in the Product Description

To collect your purchases personnally please attend the collection address during the times advised by Collectable Cameras 4 Sale with a copy of your winner’s invoice and photo ID.

If you intend to send a third party to collect your goods on your behalf, you need to send them with a copy of your winner’s invoice along with a photocopy of your photo ID and signed note of authority permitting staff to release your purchases to the third party.

Please Note:

  • All visitors to the inspection or collection locations must report to main office upon arrival.
  • Packaging and removal of equipment is the responsibility of the purchaser.
  • Any items not collected after the nominated collection times may be deemed abandoned and/or may incur a daily storage fee of $50 per day and/or removal fee.
  • Items must be inspected before removal from Pack & Send as refunds or exchanges are not given under any circumstances. 

5. OH&S

  1. Fit For Use – Collectablecameras4sale advises buyers that all equipment offered for sale at auction may not be fit for use in another location. It is the buyers/owners responsibility to ensure that an operational risk assessment is undertaken, prior to use.

 

Terms & Conditions

1 General

1.1 Terms and conditions

  1. Capitalised terms used throughout this End User Agreement have the meaning given to them in clause 11.
  2. The terms and conditions contained in the EUA set out what you must do and what you must not do when using the Site. 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 Site, 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  contact our customer service team at [email protected]
  3. We may amend the EUA 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 EUA 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 Site following any amendments to this EUA will constitute your acceptance of the new terms & conditions applying to the Site.
  4. Please note that additional conditions governing the Site and your relationship with us are contained in other pages on the Site and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the EUA. In particular, please carefully read all information relating to the Product Description, Terms of Use and Privacy Policy which contain important information relevant to each particular sale and the use of the website.

1.2 Use of the Site

  1. The Site is provided to you personally. When using the Site, you must not re-sell access to the Site to another person or make commercial use of the Site and any listed products.
  2. 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.
  3. 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.

1.3 Obligation to maintain system integrity

  1. You may not take any action that might interfere with the operation of the Site.
  2. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any online auction or sale being conducted on or through our Site.
  3. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
  4. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
  5. You are solely responsible for your transmissions through the Site. You must:
    1. not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Site;
    2. not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
    3. not interfere with or disrupt networks connected to the Site;
    4. not use the Site for illegal purposes; and
    5. comply with all regulations, policies and procedures of networks connected to the Site which either apply by operation of law or are referred to in a Site.
  1. We reserve the right to determine whether or not your conduct is consistent with the EUA and what we believe is good practice for the Site. We may, in our sole discretion, immediately terminate your Account and use of the Site if your conduct is deemed by us to be inconsistent with the EUA or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.

2 Registration

2.1 Registering for use

  1. You must not use false or misleading information when registering or using the Site. 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 Site, 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.
  2. When you register for the Site, you must choose your user name and password. You must have a valid user name (or “login”) and password before you can 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 Site. 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.
  3. We intend to send notifications to you by e-mail of:
    1. the status of an online auction in which you are participating, such as ‘you have been outbid’ e-mails, or “you are the Winning Bidder” emails;
    2. sales confirmation for Winning Bid and post auction offers;
    3. a copy of your invoice;
    4. 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; and
    5. requests to participate in customer feedback or testimonials.
  1. However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
  2. We will use your personal data in accordance with our Privacy Policy. We will not sell your personal information to other mailing lists.
  3. You may request that your Account be closed by emailing us a closure request, to [email protected] In the case of an online auction you may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account be closed.
  4. We will only close your account if:
    1. any online auction at which you have bid has closed,
    2. any post auction offer has been concluded, and
    3. you have paid everything you owe us in cleared funds.

2.2 Eligibility to participate

You must be able to form legally binding contracts to use the Site. This means you must not use the Site if you:

  1. are under 18 years of age;
  2. an undischarged bankrupt; or
  3. under any type of insolvency administration, where you are a company.

2.3 Registration process

In order to be eligible to make purchases using the Site, you must provide your details on the Account Registration page prior to placing a bid.  By registering, you irrevocably authorise us to process your transactions at our discretion.

2.4 Your information

  1. “Your information” includes any information you provide us at any time, including when you register to use the Site.
  2. 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.
  3. You must ensure that your information:
    1. is true, accurate and complete;
    2. is not false or misleading;
    3. does not infringe any other person’s rights (for example intellectual property rights) or privacy;
    4. is not contrary to any applicable law or industry code of practice;
    5. is not defamatory, threatening or harassing;
    6. is not obscene or pornographic; and
    7. does not contain any viruses, Trojan horses, worms, time bombs or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  1. You must not do or allow to be done anything involving the Site which:
    1. may be contrary to any applicable law or industry code of practice, or
    2. is prohibited by the EUA.

3 Your rights and obligations

3.1 Online Auctions – Your obligations as bidder

  1. When you use the Site to bid at an online auction, 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 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.
  2. Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
  3. It is your responsibility to read the Product Description 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.
  4. Please make sure you understand the delivery and payment terms, including any amendment to those terms and conditions as outlined in the Product Description. Usually a Buyer’s Premium and any postage costs, if applicable, will apply to online auctions (please refer to clause 3.2 for examples of additional charges).
  5. You must not engage in bid manipulation.

3.2 Online Auctions – Your obligation to pay

  1. If you are the Winning Bidder in an online auction, you must pay:
    1. the Winners Bid Amount; and
    2. the Buyer’s Premium; and
    3. Postage costs where applicable
    4. due to us by way of direct deposit (telegraphic transfer), or such other method whereby immediately cleared funds are deposited into the account nominated by us within 2 working days of closure of online auction.
  1. If you find that the amount of funds available in your bank account is insufficient to cover the Invoice Amount, you can pay any portion of the Invoice Amount that is owing to us  on account of payment of the Invoice Amount in full.
  2. If you are unable to deduct from your bank account the total amount owing to us in one transaction, you may process any number of transactions by Direct EFT Deposit until the total amount you owe us is paid.
  3. If you:
    1. refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your bank account funds are insufficient to meet all money due); or
    2. do not comply with the terms and conditions of the EUA we may, in our absolute discretion:
      1. sue you for all money owing to us, including any Buyers Premium and lost income;
      2. 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) (if any) from you; or
      3. 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 Buyer’s Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you;
      4. and in taking the steps in (1), (2) or (3), you agree to transfer by Direct EFT Deposit any amount owing to us.
  1. 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:
    1. 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;
    2. the Direct EFT Deposit payment is not processed in the first run due to invalid data (including a incorrect or expired bank details) made by you;
    3. there are insufficient funds in your bank account to cover the Invoice Amount; or
    4. we are unable to contact you for any reason.
  1. 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. 

3.3 Post Auction Offers

  1. You must pay the purchase price in full for a Post Auction Offer, together with any other applicable fees or charges, for example Buyer’s Premium.
  2. You agree to transfer by Direct EFT deposit for the total amount payable to us as a result of a Post Auction Offer.
  3. When you purchase an item with a Post Auction Offer, the same payment conditions apply as in 3.2 above.

3.4 GST – Australian Sales Only

  1. Section 2 (Sale Overview) in the General Overview of this EUA states whether the sale price of an item is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
  2. You acknowledge and agree that:
    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
    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.
  1. Note: International bidders do not pay any Australian taxes including GST as Sales Tax is not applicable to sales of personal items within Australia.

4.The Online Auction Process

4.1Procedure

  1. You may bid by placing a normal bid using the Bid Button; or
  2. An online auction will start at the specified time and at the nominated minimum starting price.
  3. All bids placed at an online auction:
    1. must be made on a per-item basis; and
    2. may only be increased by multiples of the posted bid increment, or
    3. you may input your maximum bid amount (known as AutoBid) and the system will raise your bid by the bid increment until your maximum bid amount is reached, or you are the winning bidder in which case you will not be charged your maximum if the ‘hammer falls’ at a lower price.
  1. We set a minimum price for each item we auction at which the bidding must start.
  2. We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
    1. there is or we suspect there may be, fraudulent or malicious bidding;
    2. there may be processing errors;
    3. there may be technological errors or Site failure; or
    4. we are not satisfied with proof of ownership of any equipment listed on the Site.
  1. Bids placed using the Bid Button for the same amount as the previous bidder will not be accepted. In this case the first bidder’s bid amount will take precedence.
  1. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid.

4.2 Conclusion of online auction 

  1. Extended Auctions: The online auction closes at the end of the time 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, SOLD period), the auction will be extended by 10 minutes until there are no more bids within the 10 minute Extended Auction time. The Extended Auction time 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 during the Extended Auction time.

Extended Auction time example:

  • Auction closes at 4 pm
  • Bid is lodged at 3.56 pm
  • Extended Auction time is reset to 4.10 pm
  • New Bid is lodged at 4.08 pm
  • New Extended Auction time is reset to 4.20 pm
  1. When an online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. This notice will include:
    1. notification that you are the Winning Bidder and of the amount of your winning bid;
    2. the Lot number and Product Description; and
    3. a detailed invoice addressed as per your registration details.
  1. We provide this notice out of courtesy and as a reminder to you. You may not receive this email, however, you are solely responsible for monitoring the status of any online 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 auction sale item.
  2. When you place the winning bid at an online auction, we may charge the cost of your purchase, together with any additional fees, in accordance with clause 3.2 or 3.3.
  3. If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item.
  4. You acknowledge that:
    1. unless otherwise stated all prices are quoted in Australian dollars; and
    2. you must pay for the equipment, including other fees as outlined in clause 3.2 or 3.3, in Australian dollars, unless otherwise specified.
    3. Post Auction Offers will be negotiated independent of the online auction process.

4.3 Processing and technological errors

If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site 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:

  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);
  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; and/or
  5. cancel that entire online auction transaction and conduct the auction again.

4.4 Time – online auctions

When bidding at online auctions the time is always referred to as  Australian Eastern Standard Time (AEST or AEDT as applicable). It is the responsibility of the bidder to ensure they are bidding in accordance with any time differences at their location by calculating the appropriate adjustment. 

 

5 Returns

collectablecameras4sale.com is an industrial auction site for used camera equipment to an informed market and all Lots are sold as is, where is. It is not a consumer selling website.

No warranties or guarantees are offered and bidders should determine their own views of condition by inspecting the assets beforehand or appointing a qualified person to produce a condition report.

Every effort is made to make Lot Product Descriptions as accurate as possible and any further email enquiries answered as accurately as possible. All photos are of actual equipment in situ and not representative photos.

Inspection of equipment is highly recommended and we therefore do not accept returns post-auction for any reason.

 

6 Our rights

  1. We may refuse you the right to use the Site if you:
    1. do not pay for the item and/or refuse collection of the item;
    2. give information which is untrue, inaccurate or incomplete; or
    3. have engaged in any form of bid manipulation. In those circumstances you will be permanently suspended from the Site, including all associated secondary and re-registered membership accounts.
  1. We may suspend, cancel or terminate your access to the Site if you breach or fail to observe the EUA or for any other reason at our discretion. However, we will not exercise our discretion in an unreasonable manner.
  2. If we suspend or remove your access to the Site, you may not register again.

6.2 False or Misleading Conduct

  1. It is illegal to use a false name to use the Site or to buy items or make bids with invalid registration details, 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.
  2. You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
  3. If your bank balance is insufficient to meet all money due to us, or a chargeback is made on the failed transaction then in addition to all other remedies available to us under the EUA, we may immediately institute proceedings against you for any amount owing to any person.

6.3 Our rights upon breach by you

We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current online auctions, and any other information you place on the Site) if you breach the EUA or if we are unable to verify or authenticate any information you provide to us.

6.4 Rights as agent and/or seller

  1. We may withdraw and/or re-offer an item for sale at any time if the item:
    1. becomes unavailable due to damage;
    2. in the case of auction items, has uncertain ownership, or is withdrawn by the manufacturer, distributor or Vendor;
    3. in the case of Post Auction Offers sale, is no longer in stock or has uncertain ownership;
    4. has been erroneously listed twice;
    5. is incorrectly described; or
    6. is incorrectly priced.
  1. We also reserve the right to change the:
    1. maximum number of items which you may buy or bid for
    2. bid increment during an auction,
    3. end time or date before the sale or online auction is completed. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.

 

7 Liability and indemnities

7.1 Our liability to you

  1. In an online auction we are not responsible for bids not received, processed or accepted due to technical difficulties. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
  2. We provide the Site without any express or implied warranty or condition concerning the capacity or availability of the Site.
  3. 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 Site or the sale of any goods.
  4. We do not guarantee continuous, uninterrupted or secure access to the Site. Operation of the Site may be restricted by factors outside of our control or during maintenance.
  5. You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Site may not be available and offers may not be processed or accepted.
  6. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
  7. We cannot guarantee the preservation of any record, particularly after the provision of the Site to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

7.2 Limitation of our liability to you

  1. In relation to the items sold, and subject to the Australian Consumer Law, we will endeavour to:
    1. provide accurate descriptions to fairly reflect each item;
    2. pass clear title to the items to you; and
    3. ensure that each item listed on the Site is available, except where items have been sold previously and clearly marked as sold.
    4. 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 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.

7.3 Indemnities

  1. 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 Site.
  2. 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 and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the EUA 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.
  3. 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 EUA by you.
  4. The infringement by you, or other user of the Site using your user name and password, of any intellectual property or other right of any person or entity.

 

8 Collection delivery, insurance and risk

8.1 Collection and delivery

  1. Please carefully familiarise yourself with the all details concerning collection and/or removal of items following the conclusion of a transaction as set out by us in follow up emails and in accordance with this EUA.
  2. We may withhold removal and collection of any item until you have paid everything owing to us.
  3. Any collection times specified by us by email following an online auction or Post Auction Offer sale 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.
  4. 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. Your failure to strictly adhere to those collection times and 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
  5. Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
    1. any law relating to occupational health and safety;
    2. any directions or warning we have given about goods or their location, and
    3. any directions given by us or anyone authorised by us when inspecting or removing any goods from any location.
    4. an overview of OH&S conditions is provided in the General Overview section clause 5
  1. You acknowledge that you inspect or remove goods at any location at your own risk.
  2. If you are unable to remove 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.
  3. We reserve the right to sell the item (if it was purchased for more than $100.00) upon terms we determine to be reasonable, if you do not collect the item within 14 days of a sale
  4. If we sell the item in accordance with clause 8.8 we will refund the proceeds of sale to you, less Buyer’s Premium, a storage charge based on a fee of $50.00 per day of storage and an administration fee of $40.00.
  5. Because of the administration costs involved, we reserve the right to sell or otherwise dispose of an item purchased for $100.00 or less, without refund to you.

8.2 Risk and title

  1. The risk in an item will pass to you:
    1. when it is removed and/or collected; and
    2. we have received a signed Collection Notice from a 3rd party carrier, where applicable.
  1. All items to be collected must be collected from a specified premises and receipt must be acknowledged by signature. After you provide signed Collection Notice and the item has been removed, you must not:
    1. contact any carrier on our behalf and authorise them to deliver the items to another address; or
    2. arrange for collection from the carrier directly.

If you contravene this clause you will waive any right you may have had, and you will be deemed to have accepted all responsibility for any 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.

Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If the item is withheld by us in accordance with the EUA, 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.

 

9 Privacy & Terms of Use

  1. Our Privacy Policy and Terms of Use (as amended from time to time) are available on the Site. We will take all reasonable steps to abide by these policies and all users of the Site agree to abide by the policies when using a Site (e.g. persons under the age of 18 are prohibited from using the Site).
  2. If you do not agree to the collection of this information and the other information specified in the Privacy Policy and the conditions stated in the Terms of Use policy, then you may not use the Site.
  3. By registering with the Site and accepting the EUA, you also consent to:
    1. collection of a variety of personal information which is specified in greater detail in the Privacy Policy. This information includes your IP address and contact details; in some cases, bidding and buying activities; and your use of our Site generally;
    2. use of your personal information for certain purposes specified in greater detail in the Privacy Policy. These purposes include internal use for improving the Site; meeting our obligations under State or Federal law; statistical analysis of usage of our Site to improve the Site; 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 Site; and
    3. us disclosing your information in the circumstances specified in the Privacy Policy.

 

10 Governing law

This End User Agreement is governed by and will be construed according to the law of New South Wales and is subject to the jurisdiction of the courts of New South Wales, Australia.

 

11 Definitions and interpretation

  1. Post Auction Offer means a sale of any item negotiated outside of the online auction process.
  2. Buyer’s Premium means that percentage of the Winner’s Bid Amount as identified on the Cart and Checkout pages and payable by the winning bidder of an online auction. The Buyer’s Premium is payable in addition to and at the same time as the Winner’s Bid Amount, and will form part of the total Invoice Amount to be paid by the winning bidder for the purchase of the sale lot. The Buyer’s Premium may be GST inclusive or exclusive, and will be clearly marked which one in the Cart and Checkout pages.
  3. Post Auction Offers where clause 7.2 applies. That is, sales to consumers where guarantees and implied conditions or warranties cannot be excluded by law.
  4. Collectablecameras4sale means the website located at https://collectablecameras4sale.com acting as agents for Ashley Heuchan.
  5. Invoice Amount has the meaning given to it in clause 3.2 of the End User Agreement for online auctions. For Post Auction Offers it means the purchase price together with any other applicable charges, for example Buyer’s Premium.
  6. Product Page means the page that contains the special terms and attaching to a particular good for sale by online auction and has the same meaning as Product Description.
  7. Privacy Policy means that statement contained in the Privacy Policy section of the Site.
  8. Terms of Use means that statement contained in the Terms of Use section of the Site
  9. Product Information means any information posted by us on a Site in relation to any item posted by us for sale on the Site.
  10. Product Description means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential buyer upon entry to the Product page for that particular item.
  11. Site means the https://collectablecameras4sale.com website acting as agents on behalf of Ashley Heuchan.
  12. Collection Notice means a document to be signed upon collecting and/or removal of an item and provided to the seller or their agent
  13. EUA means End User Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Site.
  14. Us/we/our means Collectablecameras4sale.
  15. Vendor means the seller of any goods through an online auction or the supplier or manufacturer of goods sold through Post Auction Offers.
  16. Winners Bid Amount means the amount of the highest bid.
  17. Winning Bidder means that bidder who has the highest bid at the conclusion of the online auction, allowing for any amended rules by Collectablecameras4sale.
  18. GST means Goods & Service Tax applicable in Australia.
  19.  Extended Auction means a 10 minute extension to the auction closing time if a bid is lodged within 10 minutes of the auction closing time (the going, going, SOLD period)
  20. Sales Tax means any legally applicable taxes imposed by any country
  21. Australia Post means a flat rate domestic or International postage charge with tracking code and signature on delivery included

 

© https://collectablecameras4sale.com | Updated: January 2018