Ownership of Website, mobile apps and Content
Liquidnation (VIC) ABN 91 769 041 326 owns this website and all Liquidnation mobile apps and; unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website and mobile apps. The material on the website and mobile apps is protected by Australian copyright laws and may not be reproduced in any way without written permission by Liquidnation. No trade mark shown on the website or mobile apps may be used in any way without the prior written permission of Liquidnation or of the relevant trade mark owner.
The following terms and conditions govern the Service that we offer at the Sites ("User Agreement"). It covers "Buy Now" Sales.
1. General
1.1 Terms and conditions
Capitalised terms used throughout the User Agreement have the meaning given to them in clause 12.
The terms and conditions contained in the User Agreement set out what you must do and what you must not do when using the Service. 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 Service, 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 read our Help pages. If you still have questions, please contact our customer service team at info@makegoodprojects.com.au.
We may amend the User Agreement 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 User Agreement 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 Service following any amendments to this User Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
Please note that additional conditions governing the Service and your relationship with us are contained in other pages on the relevant Site and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the User Agreement. In particular, please carefully read all information relating to the Sale Overview, returns policy, or Item Page which contains important information relevant to each particular sale on the Site.
1.2 Obligation to maintain system integrity
You may not take any action that might interfere with the operation of the Service.
You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or sale being conducted on or through a Site.
You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
You are solely responsible for your transmissions through the Service. You must:
not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
not interfere with or disrupt networks connected to the Service;
not use the Service for illegal purposes; and
comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in a Site.
We reserve the right to determine whether your conduct is consistent with the User Agreement and what we believe is good practice for the Sites, however, in exercising our rights, we do not intend to act unreasonably.
2. Registration
2.1 Your information
"Your information" includes any information you provide us at any time.
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.
You must ensure that your information:
is true, accurate and complete;
is not false or misleading;
does not infringe any other person's rights (for example intellectual property rights) or privacy;
is not contrary to any applicable law or industry code of practice;
is not defamatory, threatening or harassing;
is not obscene or pornographic; and
does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You must not do or allow to be done anything involving the Service which:
may be contrary to any applicable law or industry code of practice, or
is prohibited by the User Agreement.
3. Your rights and obligations
3.1 "Buy Now" Sales
You must pay the purchase price (including any GST) in full for a "Buy Now" Sale, together with any other applicable fees or charges, for example delivery charges.
You authorise us to debit your credit card for the total amount payable to us as a result of a "Buy Now" Sale.
4. Returns
4.1 Returns of Goods - Consumer Sales
In the case of Consumer Sales (excludes Buy Now Vehicles, please refer to the relevant Sale page for conditions of sale), in addition to any obligation that we may have under the Australian Consumer Law, we warrant that the goods:
are of acceptable quality;
are fit for the purpose for which goods of that type are ordinarily used; and
match the description of them on the Site (other than minor differences),
for 30 days after sale.
Subject to our absolute discretion, you may not return Buy Now Sale items because you change your mind.
If you wish to return an item because it:
was damaged in transit where we are responsible for delivery; or
does not match the description of the item on the Site (other than minor differences); or
is faulty,
you must:
email our customer service team at info@makegoodprojects.com.au within 30 days of the sale, providing full details of the sale and the reason for return. We will email you a returns advice form (stating, amongst other things, the address to which the item must be sent) which must be included with the returned item.
If we email you a returns advice form in accordance with clause 5.2c and we do not receive a response from you or receive the returned item from you within 10 working days, you will not be entitled to reject the item subject to any rights you may have under the ACL.
Within the first 10 working days of us receiving a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is reasonably determined by us to be invalid), the item will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the goods. We may charge your credit card with any money incurred by us as a result of this process.
Subject to our obligations under the Australian Consumer Law, if, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described or does not meet a consumer guarantee, we will, within 21 days, at our option either replace or repair your goods (where possible) or pay the full amount of the refund to which you are entitled.
The benefits of any warranty provided to you under this clause 4.2 are provided in addition to any other rights or remedies that you may have under any law in relation to the item to which this clause 5.2 relates.
In relation to any Consumer Sales that are covered by guarantees under the Australian Consumer Law, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If an item is described on a Site as being in a faulty or damaged condition or as second-hand, used, ex-lease or demo, you acknowledge that condition when choosing to buy that item. We accept no liability for, any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the item.
If a sale of a motor vehicle is a Consumer Sale, clause 5.2a does not apply. In that case, an outline of the warranty which applies to the sale, will appear on the Item Page. Nothing in this clause restricts or excludes any rights under the Australian Consumer Law.
4.2 Return of Goods for change of mind - applicable Buy Now items
You may return a Buy Now item that is listed as having a change of mind (excluding underwear, swimwear, cosmetics, fragrances, earrings, software, CDs and DVDs) for a full refund (minus delivery and shipping costs) where you change your mind if:
The Buy Now item is in the same condition as when purchased;
the Buy Now item is returned with all internal and external packaging, accessories, manuals, swing tags and labels undamaged;
you notify us within 30 days from the date your order is received of your desire to return the Buy Now item;
if you have the item, you return the Buy Now item within 14 days of notifying us of your desire to return the Buy Now item; and
the Buy Now item is returned at your cost.
If you purchased a Buy Now item with free delivery, we reserve the right to deduct the cost of delivery and shipping from the refunded amount.
4.3 Reference to Retail Prices
In certain circumstances, an item for sale on the Site may display the manufacturer's original retail price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the retail price supplied by the manufacturer, distributor or retailer of the item at the time of the item's original sale. That price may not be current retail price as at the time of the sale. We take no responsibility for the display of ORPs on any item listed on the Site. You must satisfy yourself as to the value of the item being sold.
In certain circumstances, an item for sale on the Site may include reference to the manufacturer's Recommended Retail Price (RRP). Usually if a RRP is included with a sale item, the RRP has been supplied by the Vendor of the item and we assume the Vendor believes the RRP is current at the time the item is placed on the Site for sale. We accept no responsibility for the accuracy or otherwise of any RRP included on any item listed for sale on a Site. We suggest users independently satisfy themselves as to the value of the item being sold.
4.4 Manufacturer's liability
Subject to any rights you may have under any law, if an item is sold with an accompanying manufacturer's warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer's warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer's warranty.
To the extent permitted by law, we do not provide any representation or warranty in relation to any manufacturer's warranty that accompanies this product. In particular, we do not represent that the manufacturer's warranty is compliant with the Australian Consumer Law. Any rights that you may have in respect of the manufacturer's warranty are against the manufacturer and not us.
5. Our rights
5.1 Suspension from use of service
We may refuse you the right to use the Service if you:
do not pay for the item and/or refuse delivery of the item;
give information which is untrue, inaccurate or incomplete.
5.2 False or Misleading Conduct
It is illegal to use a false name to use the Service or to buy items or make bids with an invalid or stolen credit card, 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.
You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
If your credit card balance is insufficient to meet all money due to us, or a chargeback is made on the credit card then in addition to all other remedies available to us under the User Agreement, we may immediately institute proceedings against you for any amount owing to any person.
5.3 Rights as agent and/or seller
We may withdraw and/or re-offer an item for sale at any time if the item:
becomes unavailable due to damage;
in the case of auction items, has uncertain ownership, or is withdrawn by the manufacturer, distributor or Vendor;
in the case of "Buy Now" Sale, is no longer in stock or has uncertain ownership;
has been erroneously listed twice;
is incorrectly described; or
is incorrectly priced.
We also reserve the right to change the:
quantities of products posted;
maximum number of items which you may buy at any time before the sale is completed. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
6 Liability and indemnities
6.1 Our liability to you
In an online auction we are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Autobid. 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.
We provide the Sites and the Service without any express or implied warranty or condition concerning the capacity or availability of the Sites or the Service.
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 Service or the sale of any goods.
We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Sites may be restricted by factors outside of our control or during maintenance.
You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and offers may not be processed or accepted.
We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
6.2 Limitation of our liability to you
In relation to the items sold, and subject to the Australian Consumer Law, we will endeavour to:
provide accurate descriptions to fairly reflect each item;
pass clear title to the items to you; and
ensure that each item listed on the Site is available.
To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Sites and the sale of any goods are excluded.
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:
in the case of goods supplied to:
the replacement or repair of the goods;
the supply of equivalent goods; or
making a full refund to you.
in the case of services supplied to:
supply of the services again;
payment of the costs of having the services supplied again; or
making a full refund to you.
6.3 Indemnities
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 Service.
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 User Agreement 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.
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 User Agreement by you.
The infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.
7. Collection delivery, insurance and risk
7.1 Collection and delivery
Please carefully familiarise yourself with the all details concerning collection and/or delivery of items following the conclusion of a transaction as set out in the Sale Overview, Item Page and in this clause.
We may withhold delivery of any item until you have paid everything owing to us.
Any collection times specified by us in an online auction in the Sale Overview, Item Page or otherwise 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.
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 in the Sale Overview, Item Page. 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.
Unless outlined in the Sale Overview, delivery of bulky goods (for example large TVs, furniture, and whitegoods) assumes ground floor front door delivery.
Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
any law relating to occupational health and safety;
any directions or warning we have given about goods or their location in the Sale Overview, item Page; and
any directions given by us or anyone authorised by us when inspecting or removing any goods from any location.
You acknowledge that you inspect or remove goods at any location at your own risk.
If we are unable to deliver 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.
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.
If we sell the item in accordance with clause 8.1i we will refund the proceeds of sale to you, less Buyer's Premium, a storage charge based on a fee of $5.00 per day of storage and an administration fee of $40.00.
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.
7.2 Risk and title
If the item is to be delivered by us to a place nominated by you, the risk in it will pass to you:
when it is delivered; or
if we are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempts to deliver the item.
All items to be delivered must be delivered to a specified premises and receipt must be acknowledged by signature. After you provide delivery location details, you must not:
contact any carrier we use directly and authorise them to deliver the items to another address; or
arrange for collection from the carrier directly.
If you contravene this clause you will waive any right you may have had to personal delivery, 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 User Agreement, 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.
You cannot change or request to change your delivery address details after a "Buy Now" Sale has closed. We have no responsibility if an item is not delivered where you change your delivery address details in those circumstances.
8. Privacy
Our Privacy Statement (as it appears from time to time) is available on the Sites. We will take all reasonable steps to abide by this policy and all Users of the Sites agree to abide by the policy when using a Site.
If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Sites.
By registering with the Service and accepting the User Agreement, you also consent to:
collection of a variety of personal information which is specified in greater detail in the Privacy Statement. This information includes your address, gender, and date of birth and contact details; in some cases, credit card details, bidding and buying activities; and your use of our Sites generally;
use of your personal information for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of our Sites to improve the Service; 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 Sites; and
us disclosing your information in the circumstances specified in the Privacy Statement.
9. Governing law
This User Agreement is governed by and will be construed according to the law of Victoria and is subject to the jurisdiction of the courts of Victoria.
10. GST
The Sale Overview or Item Page will state whether the sale price of an item is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
You acknowledge and agree that:
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
if the sale price is GST Exclusive, GST will be calculated on and added to the sale price.
11. Definitions and interpretation
"Buy Now" Sale means a sale of anything located in the "Buy Now" section of Liquidnation.
Consumer Sale means a "Buy Now" Sale where clause 7.2c applies. That is, sales to consumers where guarantees and implied conditions or warranties cannot be excluded by law.
Liquidnation means the website located at www.makegoodprojects.com.au
Invoice Amount has the meaning given to it. For "Buy Now" Sales it means the purchase price together with any other applicable charges, for example delivery charges.
Item Page means the page that contains the special terms and conditions and attaching to a particular good for sale by "Buy Now" Sale.
Privacy Statement means that statement contained in the Privacy & Security Section of the Sites.
Product Information means any information posted by us on a Site in relation to any item posted by us for sale on the Site.
Returns Policy means that policy contained in the Returns Policy section.
Sale Overview means the special terms and conditions and specifications attaching to a particular good which are accessed by the potential buyer upon entry to the Item Page or Lot Page for that particular good.
Service means the services offered by Liquidnation.
Site means the Liquidnation.
User Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.
Us/we/our means Liquidnation. ABN 91 769 041 326 of 25 Orange St, Williamstown 3016 Victoria
Vendor means the seller of any goods through manufacturer of goods sold through "Buy Now" Sales.