Seller Terms & conditions of use
MARKETPLACE TERMS AND CONDITIONS OF USE - SELLERS
1. Who we are and how to contact us
1.1 antiquely.com.au ('Website') is operated by Grovely Style Co Pty. Ltd. (ACN 616 709 141) trading as Antiquely (‘Antiquely, we, us and our’). To contact us, please info@antiquely.com.au1.2 The Website is a marketplace for vintage and second-hand furniture and homewares (‘Product’) and facilitates interactions between sellers of the Product (‘Seller’) and buyers of the Product (‘Buyer’). The Website makes it easier for the Buyer and the Seller to locate, communicate, arrange payment and deliver the Products in a fast and secure manner ('Services').
1.3 Antiquely does not provide Seller’s Products to Buyers and it does not get involved in the actual transactions between Buyers and Sellers (unless it is acting as a Seller).
2. By using our Website you accept these Terms
By using our Website and Services, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. You agree you are at least 18 years old to sell any Products on our Website.
3. We may make changes to these Terms
We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.
These Terms were most recently updated on 1th September 2022.
We may update and change our Website from time to time to reflect changes to our products, our users' needs, changes in law and our business priorities.
This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or Services.
4.1 In order to access the Services, you are required to register for an account through the Website ('Account'). Once you have registered for an Account, you will be authorised by Antiquely to list antique, vintage and second-hand furniture and household items for sale on the Website (‘Listing’)
4.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including, email address, mailing address, telephone number and password
4.3 You warrant that any information you give to Antiquely in the course of completing the registration process will always be accurate, correct and up to date.
4.4 Once you have completed the registration process, you will be a registered seller of the Website ('Seller') and agree to be bound by the Terms.
5. Your obligations as a Seller
5.1. As a Seller, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Antiquely of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Seller or use the profile or password of another Seller at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Seller of the Website (where interaction with other Sellers is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Antiquely;
(ii) you will not use the Services or Website for any illegal and/or unauthorised use;
(iii) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Seller profiles without notice and may result in termination of the Services; and
(iv) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.2 When using our Services, you will:
(a) only sell genuine vintage, antique and second-hand homewares and furniture on the Website.
(b) accurately describe the product, its age, condition, dimensions and any other detail relevant to the sale in the Listing;
(c) ensure that any images used in the Listing are an accurate reflection of the Product;
(d) guarantee as far as reasonably practicable, the authenticity of the Product;
(e) be responsible for delivery of the product to the Buyer once payment has been made to Antiquely;
(f) charge the Buyer reasonable delivery fees;
(g) ensure that the Product is appropriately packaged when shipping;
(h) immediately notify Antiquely once the Product has been shipped;
(i) ensure that you have placed adequate cargo and transit insurance over the Product in relation to the delivery to the Buyer.
5.3 The Seller agrees that, if it is required by any laws or regulations it will maintain all relevant second-hand dealer licences or pawn broker licenses.
5.4 Where a Seller is selling an electrical item, the equipment must either be tested and tagged to AS/NZS 3760:2010 and have the accompanying test tag displayed, OR if the equipment has NOT been tested to AS/NZS 3760:2010 the equipment must labelled with a clear statement as follows:
“DANGER – DO NOT USE OR CONNECT TO SUPPLY – THIS SECOND-HAND ELECTRICAL EQUIPMENT MAY BE FAULTY AND SHOULD BE INSPECTED AND TESTED BY A COMPETENT PERSON IN ACCORDANCE WITH AS/NZS 3760”
5.5 All sellers agree to sell exclusively with Antiquely for a minimum of 1 month before they advertise their item(s) with another marketplace, selling agent or personal promotion.
6. Antiquely’s Obligations
6.1 In providing the Services, Antiquley will:
(a) collect the payment for the Products from the Buyer;
(b) remit the funds received from the Buyer, less the Transaction Fee (as described below), to the Seller within 3 business days from the date we are notified that the Product has been shipped;
(c) manage reviews posted for Sellers and Buyers;
(d) facilitate the communication between the Sellers and Buyers; and
(e) not hold any credit card details.
6.2 Antiquely will carry out periodic reviews of the Listings to ensure the quality, authenticity and that the Listings conforms to the requirements set out in clause 5.2(a). Antiquely may in its sole discretion remove any Listings it feels do not meet the Listing requirements and may further suspend or remove the Seller from the Website.
7. Payment
7.1 By Antiquely offering the Services to you, you agree that you will pay Antiquely a transaction fee of 20% of the value of any product sold through the Website (‘Transaction Fee’). The Transaction Fee is exclusive of GST.
7.2 All payments made in the course of your use of the Services are made using either Visa, Mastercard, American Express, Shop Pay, Apple Pay or Google Pay (‘Payment Gateways’). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Payment Gateways’ terms and conditions which are available on their website.
7.3 Where a Listing is in a country other than Australia, payment will be in the native currency of the country where the Listing is located, unless you choose an alternative currency.
7.4 You are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable GST or other indirect taxes, income, or other taxes ("Taxes").
8. Refund Policy
8.1 Since Antiquely is only a facilitator in introducing the Buyer to the Seller and providing a system to make safe payment, Antiquely does not hold any liability to the Buyer directly and will not personally refund them any payments made in the use of Services.
8.2 Notwithstanding the above clause, if the Product is damaged or does not match the description of the Product in the Listing, or otherwise breaches any of the Australian Consumer Law guarantees, then the Buyer will be entitled to a refund.
8.3 In processing a refund, Antiquely first requires the Buyer to:
(a) Complete a ‘Return Form’ located on the Website; and
(b) Send the Return Form to us within 48 hours of the Product being delivered.
8.4 Provided we receive the Return Form within 48 hours of the delivery of the Product and the reasons set out in the Return Form are appropriate for a return to be accepted (in our sole discretion), Antiquely will contact you to arrange the return of the item.
8.5 You and the Buyer will agree who is responsible for the cost of shipping for any return.
8.6 If Antiquely agrees to the refund, Antiquely will refund the price to the Buyer directly, less any fees and charges incurred by Antiquely in processing the refund. The Transaction Fee payable by the Seller for the Product is non-refundable. Antiquely will invoice you the Transaction Fee, which is payable in 3 days from receipt.
8.7 You agree that you will comply with the Refund Policy contained in this clause of these Terms.
9.1 The Website is made available free of charge.
9.2 We do not guarantee that the Services, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or Products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
10. Copyright and Intellectual Property
10.1 Either Antiquely or our licensors own all of the information and intellectual property in and on the Website and you have no right to copy or use any of that information or intellectual property other than to use the Website unless we expressly give that right to you.
10.2 Where you upload, transmit, post or distribute Your Content on the Website, then you grant to Antiquely a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to republish, up-load to a third party, transmit, post, distribute, adapt or change Your Content.10.3 If you post comments on the Products or our Services to any website, blog or social media network (“Commentary”) you must ensure that such Commentary represents your fairly-held opinions. By registering as a Seller you irrevocably authorise Antiquely to quote from your Commentary on our Site and in any advertising or social media outlets which we may create or contribute to.
11. Privacy
11.1 Antiquely takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Antiquely's Privacy Policy, which is available at https://antiquely.com.au/pages/privacy-policy
12. General Disclaimer
12.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2 Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
12.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Antiquely make any express or implied representation or warranty about the Services or any Products or Services referred to on the Website, including the availability or operability of the Website.
12.4 You acknowledge that Antiquely Website and the Services are only intended to facilitate the interactions between the Buyer and the Seller and does not offer any services to you other than the Services and Antiquely holds no liability to you as a result of any conduct of the Sellers or the misuse of Your Content by any party (including other Sellers).
12.5 Nothing in these Terms prohibits Antiquely from selling its own Products on the Website.
13. Limitation of Liability
13.1 Antiquely's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
13.2 You agree that we will not be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.
13.3 Nothing in this agreement excludes or limits our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14. Termination of Contract
14.1 If you want to terminate the Terms, you may do so by providing Antiquely with 7 days' notice of your intention to terminate by sending notice of your intention to terminate to Antiquely via the 'Contact Us' link on our homepage.
14.2 Antiquely may at any time, terminate the Terms and remove you as a Seller from the Website with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Antiquely is required to do so by law;
(c) Antiquely is transitioning to no longer providing the Services to Sellers in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Antiquely is, in the opinion of Antiquely, no longer commercially viable.
14.3 The provisions of the Agreement which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind each of the parties.
15. Indemnity
15.1 You agree to indemnify Antiquely, its affiliates, employees, directors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Listing(s), Your Content or any Product sold by you on the Website;
(b) any breach of the Terms.
16. Jurisdiction and Dispute Resolution
16.1 If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or Court proceedings in relation to the dispute, unless both parties have attempted to resolve the dispute through mediation.
16.2 The Services offered by Antiquely is intended to be viewed by residents of Australia. The Terms are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Website or Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
17. General
17.1 No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of god, strike or pandemic.
17.2 The Agreement forms the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations or discussions.
17.3 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
17.4 Unless the Agreement expressly provides otherwise, no party may assign, transfer or deal with their rights or obligations under the Agreement without the prior written consent of the other party. Such consent must not be unreasonably withheld.
17.5 The failure or omission of a party at any time to enforce or require compliance with any provision of this Agreement or exercise any right, election or discretion under this Agreement shall not operate as a waiver of that right, election or discretion.