Terms & Conditions of Sale

 

 


 


1. Terms & Conditions of Sale


  1.1 The following terms have the following meanings in this document unless the context
requires otherwise:
Bestbuysonline means Bestbuysonline Pty Ltd A.C.N. 117 738 986 trading as Bestbuysonline Pty Ltd, the operator of the Bestbuysonline eBay Store.
Confirmation Notice means a notice from eBay or Bestbuysonline confirming to a Purchaser that the Purchaser has successfully bid at an auction for a Product or successfully placed an order for a Product that has been accepted by Bestbuysonline.
Products means the products listed by Bestbuysonline for auction or sale on eBay, the Online Marketplace.
Purchaser means any person who has placed a bid or order for a Product that is accepted by Bestbuysonline and eBay.
Serious Damage refers to damage materially affecting the operation or use of a Product for its intended purpose or which renders a Product unsafe when used in accordance with instructions and does not include minor scratches, minor dents, damaged packaging/box or damage occurring after delivery.
  1.2 By bidding on or by placing an order for any Products you hereby accept these terms and conditions.
  1.3 All bids or orders for Products are considered unconditional offers to purchase. The acceptance of a bid or order by Bestbuysonline creates a legally binding contract between Bestbuysonline and the Purchaser.
  1.4 The Purchaser must contact Bestbuysonline within 3 business days of receiving a Confirmation Notice to make arrangements to complete the sale.
  1.5 The Purchaser must pay for those Products for which the Purchaser has made a successful bid at auction or has ordered within 5 days of receiving a Confirmation Notice. All payments must be made payable direct to "Bestbuysonline" and must be paid using methods approved by Bestbuysonline.
  1.6 Purchasers who do not pay for Products for which they have made a successful bid at auction or have ordered within 5 days of receiving a Confirmation Notice will be reported to eBay and will receive a negative feedback which may result in those Purchasers being blocked indefinitely from further bidding on or ordering Products.
Purchasers failing to pay for Products for which they have made a successful bid at auction or have ordered within 5 business days of receiving a Confirmation Notice without reason may incur a $20 cancellation fee.

  1.6 Bestbuysonline reserve the right to re-auction a purchase not paid within the required time frame without notifying the purchaser.
  1.7 Bestbuysonline will only leave feedback after Purchasers have left feedback for Bestbuysonline.

 

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2. Contact and Communication


  2.1 Unless otherwise required by law, communications between Bestbuysonline and Purchasers must be by email. sales@bayelic.com.au

  2.2 For Warranty claims, please email us directly. Sending email via eBay might cause delays in your claim being attended to.

 

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3. Ownership and Delivery


  3.1 All ownership of, property in and legal title to all tangible property in Products won at auction or ordered by the Purchaser remains with Bestbuysonline until Bestbuysonline receives full payment for the Products from or on behalf of the Purchaser (Purchased Products).
  3.2 Bestbuysonline will arrange for Purchased Products to be delivered to the address provided by the Purchaser within 15 business days of receiving payment for the Purchased Products. Delivery time may vary depending on stock availability and the delivery address specified by the Purchaser. Where Purchased Products are not in stock, Bestbuysonline shall have an extra 2 to 7 business days to arrange for those Purchased Products to be delivered.
  3.3 Bestbuysonline will use such carriers and such modes of transport to deliver the Purchased Products as Bestbuysonline considers appropriate. This includes Bestbuysonline's personal delivery services.
  3.4 All freight charges, insurance costs (including any transit insurance) and other costs associated with transporting the Purchased Products to the Purchaser shall be the responsibility of the Purchaser.
  3.5 Purchasers must notify Bestbuysonline promptly of any Products delivered that appear to have sustained Serious Damage during transit or storage.
  3.6 All Purchased Products are deemed to be received in good working condition once the Purchaser accepts delivery.
  3.7 Bestbuysonline is not responsible or liable for any delays (including any delays caused by Bestbuysonline's suppliers) or failure to effect the delivery of the Purchased Products due to any cause which is unavoidable or beyond Bestbuysonline's reasonable control and which prevents, impairs or adversely affects in any way Bestbuysonline's performance of these terms and conditions, including but not limited to war, fire, flood, natural disaster, strike, labour dispute, act of God, governmental action, civil disturbance, accident or inability to obtain or use materials, labour, equipment, facilities, or transportation. In such case, Bestbuysonline shall be afforded a reasonable time in which to arrange for delivery of the Purchased Products, without penalty or liability for breach.

 

 

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4. Express Limited Warranties


  4.1 Unless otherwise specified, all Products are covered by the warranty of the original manufacturer the terms of which vary from Product to Product.
  4.2 Subject to clause 7, Bestbuysonline further provides, where specified, the following warranties for Products:
(a) "Spare Parts Warranty": For the specified warranty period, Bestbuysonline will replace any parts of Products returned by the Purchaser which are found to be faulty on inspection; and

(b) "Repair or Replacement Warranty": For the specified warranty period, in respect of Products returned by the Purchaser which are found to be faulty on inspection, Bestbuysonline will undertake any action Bestbuysonline deems appropriate to rectify the fault including, but not limited to, replacing the Products or redirecting the Purchaser to a repairer or warranty agent approved by Bestbuysonline.
  4.3 The warranties provided by Bestbuysonline under clause 4.2 are void where:
(a) the Purchaser misuses the Products;
(b) the damage to a Product occurs during transit or storage;
(c) the Purchaser or other unauthorised person/agent attempts to modify or repair the Product; or
(d) the damage to a Product is of a kind that can be described as "normal wear andtear".
  4.4 Purchasers are responsible for retaining invoices as proof of purchase required for claiming under warranties. Invoices must be original copies and show date of purchase. All warranty claims must be made as soon as possible after damage is discovered by notifying Bestbuysonline of the following details:
(a) eBay user name;
(b) eBay item number;

(c) invoice number;
(d) contact details for regular business hours;
(e) applicable warranty (whether "Spare Parts Warranty" or "Repair or Replacement Warranty" or manufacturer warranty); and
(f) a brief description of the damage claimed to be covered by the warranty.
  4.5 All warranties on Products are available to Australian residents only and are not transferable.
  4.6 No warranty applies to consumable items or second hand items.
  4.7 No staff member of Bestbuysonline has authority to change the terms or extend the warranty period stated in a Product listing.
  4.8 All freight charges and other costs associated with returning Products under warranty to Bestbuysonlineshall be the responsibility of the Purchaser. Purchasers may return Products to Bestbuysonline at the following address if the Product is lighter than 22 kg and/or shorter than 1 metre in length:


Bestbuysonline Pty Ltd
Att: Returns
PO Box 4440
Dandenong South 3164
Victoria, Australia


Purchasers should otherwise contact Bestbuysonline to make arrangements for returns of larger or heavier Products. Bestbuysonline will not pick up Products that Purchasers wish to return nor accept returns of Products from Purchasers to any other address or by any other means.

 

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5. Returns and Refunds


  5.1 Subject to clause 7, Bestbuysonline will only accept returns of Products where, upon inspection:
(a) the Product is shown to have a major manufacturing defect not covered under the warranties specified in clause 4;
(b) the Product delivered has sustained Serious Damage during transit or storage; or
(c) the Product delivered is substantially different from the Product advertised.
  5.2 Where a Product returned by the Purchaser is found to be in good working condition, Bestbuysonline will return the Product to the address provided by the Purchaser and may charge the Purchaser the costs of any inspection conducted, including any administration fees, technician fees incurred during inspection and freight costs of returning the Product to the Purchaser.
  5.3 Returned Products accepted by Bestbuysonline will only be exchanged for another similar Product of equal or greater value.
  5.4 Bestbuysonline will only refund the purchase price (including any reasonable freight charges and other costs incurred by the Purchaser in returning the Product to Bestbuysonline) of returned Products accepted by Bestbuysonline where those Products cannot be repaired or replaced with another similar Product of equal or greater value.

 

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6. Trade Practices Legislation


  6.1 The rights given to a Purchaser under clauses 4 and 5 of this agreement are in addition to any rights granted under the Trade Practices Act 1974 (Cth) and equivalent applicable legislation of the States and Territories of Australia, which cannot be excluded, limited or restricted or modified. Nothing in these terms excludes, limits, restricts, or modifies those rights, except to the extent that such exclusion, limitation, restriction or modification is lawful. Where such exclusion, limitation, restriction or
modification is unlawful, to the extent permitted by such legislation, the liability of Bestbuysonline is limited, at its option, to any one or more of the following:
(a) the replacement of Products or the supply of equivalent Products;
(b) the repair of Products;
(c) the payment of the cost of replacing the Products or of acquiring equivalent
Products; or
(d) the payment of having the Products repaired.

 

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7. Disclaimers


  7.1 While all care is taken, any errors or omissions in the Product details are unintentional.
  7.2 All pictures contained within this listing are for illustration purposes only.
  7.3 All logos, pictures and trademarks used by Bestbuysonline are the property of their respective owners.
  7.4 Bestbuysonline, its servants or agents shall not under any circumstances be liable for any injury, loss or damage of any kind arising out of or related to the use, or the inability to use the Products advertised in Bestbuysonline's Product listings, whether Products are defective, malfunctioning or incorrectly used. This limitation of liability includes but is not limited to incidental, special or consequential damages, damages for loss of business or other profits.
  7.5Bestbuysonline reserves the right to change or add any material relating to Bestbuysonline's Products without prior notice.
  7.6 No staff member/agent of Bestbuysonline has the authority to change any of these terms and conditions.

  7.7 Product specifications and exact packaging or package contents may vary from time to time. Bestbuysonline Pty Ltd reserves the right to change model descriptions and specifications without prior notice.

 

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8. General


  8.1 This Agreement shall be governed by and construed according to the laws of the State of Victoria. The parties agree to submit to the non-exclusive jurisdiction of the Victorian courts and any courts from which appeals may be heard.
  8.2 Any provision of this Agreement held invalid, unenforceable or illegal for any reason is deemed deleted from this Agreement which shall remain in full force apart from those deleted provisions.

 

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