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1. Terms & Conditions of Sale
1.1 The following terms have the following meanings in this document
unless the context
requires otherwise:
Bayelic means Bayelic Pty Ltd A.C.N. 117 738 986 trading as Bayelic Bayelic Pty
Ltd, the operator of the Bayelic eBay Store.
Confirmation Notice means a notice from eBay or Bayelic 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 Bayelic.
Products means the products listed by Bayelic 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 Bayelic 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 Bayelic creates a legally
binding contract between Bayelic and the Purchaser.
1.4 The Purchaser must contact Bayelic 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 "Bayelic
Online" and must be paid using methods approved by Bayelic.
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 Bayelic reserve the right to re-auction a purchase not paid within
the required time frame without notifying the purchaser.
1.7 Bayelic will only leave feedback after Purchasers have left feedback
for Bayelic.
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2. Contact and Communication
2.1 Unless otherwise required by law, communications between Bayelic 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
Bayelic until Bayelic receives full payment for the Products from or on behalf
of the Purchaser (Purchased Products).
3.2 Bayelic 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, Bayelic shall have an extra 2 to 7 business
days to arrange for those Purchased Products to be delivered.
3.3 Bayelic will use such carriers and such modes of transport to deliver
the Purchased Products as Bayelic considers appropriate. This includes Bayelic'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 Bayelic 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 Bayelic is not responsible or liable for any delays (including any
delays caused by Bayelic's suppliers) or failure to effect the delivery of the
Purchased Products due to any cause which is unavoidable or beyond Bayelic's
reasonable control and which prevents, impairs or adversely affects in any way
Bayelic'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,
Bayelic 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, Bayelic further provides, where specified, the
following warranties for Products:
(a) "Spare Parts Warranty": For the specified warranty period, Bayelic 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, Bayelic will undertake any action Bayelic 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 Bayelic.
4.3 The warranties provided by Bayelic 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 Bayelic 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 Bayelic 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 Bayelic shall be the responsibility of the Purchaser.
Purchasers may return Products to Bayelic at the following address if the
Product is lighter than 22 kg and/or shorter than 1 metre in length:
BAYELIC Pty Ltd
Att: Returns
PO Box 4440
Dandenong South 3164
Victoria, Australia
Purchasers should otherwise contact Bayelic to make arrangements for returns of
larger or heavier Products. Bayelic 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, Bayelic 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, Bayelic 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 Bayelic will only be exchanged for
another similar Product of equal or greater value.
5.4 Bayelic will only refund the purchase price (including any reasonable
freight charges and other costs incurred by the Purchaser in returning the
Product to Bayelic) of returned Products accepted by Bayelic 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 Bayelic 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 Bayelic are the property
of their respective owners.
7.4 Bayelic, 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 Bayelic'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.
7.5 Bayelic reserves the right to change or add any material relating to
Bayelic's Products without prior notice.
7.6 No staff member/agent of Bayelic 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. Bayelic 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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