Buyer - Terms and Conditions

ANTIQUELY TERMS AND CONDITIONS OF USE - BUYERS

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.au

1.2 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 Each Product listed for sale on the Website by a Seller is referred to as a ‘Listing’.

1.4 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

2.1 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.

2.2 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

3. We may make changes to these Terms

3.1 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.

3.2 These Terms were most recently updated on 1^th September 2022.

3.3 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.

3.4 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. Placing an Order for Products

4.1 By placing a request to purchase Products under these terms on the Website (‘Order’), you are making an offer to enter into an agreement to purchase the Product(s) from the Seller. Unless we are the Seller, Antiquely is not a party to the transaction.

4.2 We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order you will receive a refund of any money paid.

4.3 Your Order becomes a legally binding sale once we issue you a tax invoice. Risk in the product passes to you when the sale occurs. Each Order you place will be a separate contract with the relevant Seller.

4.4 Ownership in the Product(s) passes to you on the date and time of delivery of the Product(s) to you.

4.5 As part of the sale 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

4.6 You warrant that any information you give to Antiquely while completing the registration process will always be accurate, correct and up to date.

5. Your use of the Website

5.1. As a Buyer, you agree to comply with the following:

(a) 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;

(b) 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;

(c) any use of your 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;

(d )you will not use the Products or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Antiquely;

(e) you will not use the Products, Services or Website for any illegal and/or unauthorised use;

(f) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

6. Availability of Products

6.1 Where a Product which is the subject of an Order has been withdrawn or suspended from sale by a Seller and your payment for the Product has already been processed, we will refund any money paid to us in accordance with our Refund Policy.

6.2 If your Order is affected by a genuine error (including in a description, an image or price), we reserve the right to cancel your Order and refund any money paid to us.

7. Antiquely’s Obligations

7.1 In providing the Services, Antiquely will:

(a) collect the payment for the Products from you and remit the funds to the Seller;

(b) manage reviews posted for Sellers and Buyers;

(d) not hold any credit card details.

8. Payment and Delivery

8.1 When you place an Order, we will charge you and you agree to pay the price set out in the Listing.

8.2 When an Order is confirmed by the Seller, the Seller will contact you to arrange payment for the shipping of the Product. All shipping fees are payable to directly to the Seller.

8.3 All Prices are in Australian Dollars and are inclusive of GST.

8.4 We reserve the right to change or alter Prices without notice to you at any time before an Order is placed.

8.5 Your Order will be dispatched by the Seller and dispatch times may vary according to the location of the Seller. Any representations made regarding delivery times are estimates only and we take no responsibility to the shipping of any item not sold by us.

8.6 It is the Buyer’s responsibility to take out transit insurance on any Products. Insurance can be arranged by the Seller once an Order has ben placed.

9. Refund Policy

9.1 All second-hand or handmade items are unique and may show signs of wear and age. It is your responsibility to thoroughly inspect all photos and understand any advised defects of the Product before purchasing. No refund will be given for any defect or damage to a Product that is outlined in the Listing.

9.2 Unless provided for under these terms or as otherwise agreed by us, no cancellations, change of mind returns, or changes to Orders will be accepted, and the Product will be delivered to the delivery address in the Order.

9.3 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.

9.4 Notwithstanding the above clause, if the Product is damaged or does not match the description of the Product in the Listing, then Antiquely 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. The Return Form can be emailed to info@antiquely.com.au.

9.5 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 Antiquely’s sole discretion), we will facilitate the refund of all monies paid by you.

9.6 You and the Seller must determine who is responsible for the cost of shipping for any return.

10. We may suspend or withdraw our Website

10.1 The Website is made available free of charge.

10.2 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.

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. Warranty

12.1 The Products come with guarantees that cannot be excluded under the Australian Consumer Law. These guarantees ensure that Product(s):

(a) are of acceptable quality;

(b) will match their description; and

12.2 All warranties are fulfilled by the Seller. We will assist in negotiating the repair or replacement between you and the Seller.

13. General Disclaimer

13.1 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.

13.2 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.

13.3 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.

13.4 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 Buyer.

13.5 Nothing in these Terms prohibits Antiquely from selling its own Products on the Website.

14. Limitation of Liability

14.1 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 price paid for the Product.

14.2 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.

14.3 Nothing in this agreement excludes or limits our liability for:

(a) Death or personal injury caused by our negligence;

(b) Fraud or fraudulent misrepresentation;

15. Indemnity

15.1 You agree to indemnify Antiquely, its affiliates, employees, directors from and against 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.