Gearshifter Website terms and conditions for buyers

Terms and Conditions applicable to a buyer of Products using Gearshifter Buy Sell Trade Pty Ltd (ACN 640 595 599) (“Gearshifter”).

These terms and conditions are the contract between you and Gearshifter (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our Suppliers (Sellers) may also impose additional terms and conditions to which your contract with them will be subject.

Gearshifter is a trade name of Gearshifter Buy Sell Trade Pty Ltd, ACN 640 595 599 incorporated in Australia, whose registered office is at Treyvaud Sheard Partners Pty Ltd 5 Station Street, Mooroolbark VIC 3138.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy a Product on your behalf.

If you use Our Website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using the Services.

1. Definitions

“Content” means the textual, visual or aural content that is encountered
as part of your experience on Our Website. It may include,
among other things: text, images, sounds, videos and
animations. It includes content Posted by you.
“Our Website” means any website of ours, and includes all web pages
controlled by us.
“Post” means upload or place on or into Our Website any Content
or material of any sort by any means.
“Product” means any item offered for sale on Our Website, whether
physical goods or downloads.
“Seller” means a person who offers a Product for sale on Our
Website.
“Service” means any service we provide through Our Website,
whether free or charged.

2. Our contract

2.1 Gearshifter is neither a buyer nor seller of Products offered for sale in
any form. Gearshifter is never either a principal or agent in a buying
transaction.
2.2 Gearshifter is a marketplace. We are agents of a Seller only to the
extent of use of Our Website as a platform for sale of the Seller’s
Products to you.
2.3 We are not responsible for receiving and transferring your money to the
Seller.
2.4 We welcome any comment or complaint about a Seller, which you
make through Our Website. We may act upon a complaint in our
discretion, for the benefit of the body of Gearshifter members.
2.5 We are not responsible for delivery of any Product you order or for the
returns and repayment procedure should you decide to return a Product
for any reason.
2.6 These terms and conditions regulate the business relationship between
you and us. By using Our Website free of charge, you agree to be
bound by them.
2.7 We provide a market place for the supply of Products. We are in no way
responsible for:
2.7.1 your locating and ordering a Product;
2.7.2 your choice of a Product;
2.7.3 any aspect of the provision of the Product;
2.7.4 refund payment for any Product;
2.7.5 any complaint about any Product.
2.8 In any dispute with a Seller, you should deal only with the Seller. We
have neither legal obligation nor detailed information about the Product.
2.9 We may change this agreement in any way at any time. The version
applicable to your contract is the version which was Posted on Our
Website at the time that the contract was made.

3. Your account and personal information

3.1 When you visit Our Website, you accept responsibility for any action
done by any person in your name or under your account or password.
You should take all necessary steps to ensure that the password is kept
confidential and secure and should inform us immediately if you have
any reason to believe that your password has become known to
anyone else, or if the password is being, or is likely to be, used in an
unauthorised manner.
3.2 You agree that you have provided accurate, up to date, and complete
information about yourself. We are not responsible for any error made
as a result of such information being inaccurate.
3.3 You agree to notify us of any changes in your information immediately it
occurs. If you do not do so, we may terminate your account.

4. The buying procedure

4.1 Gearshifter is not responsible for the fulfilment of your contract to buy a
Product.
4.2 We are not responsible for indicating whether there are any further
taxies, duties or levies payable on a product listed on Our Website by
Sellers the Buyer must take responsibility for enquiring about this with
the Seller and obtaining their own legal and or financial advice.
4.3 Unless it is clear to the contrary, you may assume that every sale is
made by the Seller in the course of his business.
4.4 Products may be offered for sale subject to any discount or promotion
arranged between Gearshifter and the Seller.
4.5 Subject to discounts and promotions, Products are offered for sale at a
fixed price. GST may be due and will be either included in the price or
shown separately. We take no responsibility for this matter which is the
Seller’s responsibility.
4.6 We do not offer delivery services through our Website. It is the
responsibility of the Seller and Buyer to arrange this.
4.7 Neither we nor the Seller can be responsible for action by any
governmental authority. We do not know and are not responsible for
duties, taxes, delays or impounding of any item.
4.8 You are required to pay in the currency in which the Product is listed for
sale on Our Website which is in Australian Dollars unless otherwise
agreed.
4.9 Every sale will be subject to the laws applicable but there shall not be
implied any right which is neither a legal right nor set down in these
terms and conditions.
4.10 We will not retain information relating to your payment or credit card.
This financial information never comes into our control. The information
is given into a page which is in reality a page of our payment service
provider. For detailed about disclosure of personal information please
see our privacy notice.

5. Security of your Credit / Debit Card Details

We take care to make Our Website safe for you to use.

5.1 Card payments are not processed through pages controlled by us. We
use one or more online payment service providers who will encrypt your
card or bank account details in a secure environment.

6. Products returned

These provisions apply in the event that you return any Product to the Seller
for any reason:

6.1 The Seller does not accept returns unless there was a defect in the
Product at the time of purchase, or the Seller has agreed in
correspondence that you may return it.
6.2 Before you return a Product to the Seller, please carefully re-read the
instructions and check that you have assembled it correctly and
complied with any provisions relating to the power supply, plugs and
sockets.
6.3 The Products must be returned to the Seller as soon as any defect is
discovered but not later than 15 days.
6.4 So far as possible, a Product should be returned:
6.4.1 with both Product and all packaging as far as possible in their
original condition;
6.4.2 securely wrapped;
6.4.3 including the Seller’s delivery slip;
6.4.4 at your risk and cost.
6.5 We advise you to follow the returns procedure set out on your Seller’s
website or otherwise in the Seller’s terms and conditions, if any. If you
do not do so, the Seller may be unable to identify you as the sender of
the Products.
6.6 If the Seller agrees that the Product is faulty, the Seller will:
6.6.1 refund the cost of return carriage;
6.6.2 repair or replace the Product as he chooses.
6.7 Gearshifter will not be responsible for any failure by the Seller to refund
you or repair and or replace any Product supplied by the Seller to you.

7. How we handle your Content

7.1 Our privacy policy is strong and precise. It complies fully with current
privacy law which can be located on our website.
7.2 If you Post Content to any public area of Our Website it becomes
available in the public domain. We have no control over who sees it or
what anyone does with it.
7.3 Even if access to your text is behind a user registration it remains
effectively in the public domain because someone has only to register
and log in, to access it. You should therefore avoid Posting
unnecessary confidential information.
7.4 We need the freedom to be able to publicise our Services and your own
use of them. You therefore now irrevocably grant us the right and
licence to edit, copy, publish, distribute, translate and otherwise use
any Content that you place on Our Website, in public domains and in
any medium. You represent and warrant that you are authorised to
grant all such rights.
7.5 We will use that licence only for commercial purposes of the business
of Our Website and will stop using it after a commercially reasonable
period of time.
7.6 We may be required under legal compulsion to provide any Content
that you place on our website to a relevant authority.
7.7 You agree to any act or omission which may otherwise infringe your
right to be identified as the author and your right to object to derogatory
treatment of your work as provided in the Copyright Act 1968.
7.8 You now irrevocably authorise us to publish feedback, comments and
ratings about your activity through Our Website, even though it may be
defamatory or critical.
7.9 Posting content of any sort does not change your ownership of the
copyright in it if it belongs to another person originally. With respect to
such content, we have no claim over it and we will not protect your
rights for you.
7.10 You understand that you are personally responsible for your breach of
someone else’s intellectual property rights, defamation, or any law,
which may occur as a result of any Content having been Posted by you.
7.11 You accept all risk and responsibility for determining whether any
Content is in the public domain and not confidential.
7.12 Please notify us of any security breach or unauthorised use of your
account.
7.13 We do not solicit ideas or text for improvement of our Service, but if you
do send to us material of any sort, you are deemed to have granted us
a licence to use it in the terms set out at sub paragraph 7.4 above.

8. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different
purposes. We have to regulate your use of Our Website to protect our
business and our staff, to protect other users of Our Website and to comply
with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do
protect our business vigorously. If we believe Content Posted breaches the
law, we shall co-operate fully with the law enforcement authorities in whatever
ways we can.
You agree that you will not use or allow anyone else to use Our Website to
Post Content or undertake any activity which is or may:
8.1 be unlawful, or tend to incite another person to commit a crime;
8.2 consist in commercial audio, video or music files;
8.3 be obscene, offensive, threatening, violent, malicious or defamatory;
8.4 be sexually explicit or pornographic;
8.5 be likely to deceive any person or be used to impersonate any person,
or to misrepresent your identity, age or affiliation with any person;
8.6 use a Posting to solicit responses unconnected with the purpose of Our
Website or the terms proposed by this agreement;
8.7 request or collect passwords or other personal information from another
user without his permission, nor Post any unnecessary personal
information about yourself;
8.8 be used to sell any goods or services or for any other commercial use
not intended by us, for yourself or for any other person. Examples are:
sending private messages with a commercial purpose, or collecting
information with the intention of passing it to a third party for his
commercial use;
8.9 include anything other than words (i.e. you will not include any symbols
or photographs) except for a photograph of yourself in your profile in
such place as we designate;
8.10 facilitate the provision of unauthorised copies of another person’s
copyright work;
8.11 link to any of the material specified in this paragraph;
8.12 use distribution lists that include people who have not given specific
permission to be included in such distribution process;
8.13 send age-inappropriate communications or Content to anyone under
the age of 18.

9. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or
remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
9.1 hyperlinks, other than those specifically authorised by us;
9.2 keywords or words repeated, which are irrelevant to the Content
Posted.
9.3 the name, logo or trademark of any organisation other than yours.
9.4 inaccurate, false, or misleading information.
9.5 We may remove any posted content on our website in our unfettered
discretion.

10. Removal of offensive Content

10.1 For the avoidance of doubt, this paragraph is addressed to any person
who comes on Our Website for any purpose.
10.2 We are under no obligation to monitor or record the activity of any user
of Our Website for any purpose, nor do we assume any responsibility to
monitor or police Internet-related activities. However, we may do so
without notice to you and without giving you a reason.
10.3 If you are offended by any Content, the following procedure applies:
10.3.1 your claim or complaint must be submitted to us in the form
available on Our Website, or contain the same information as
that requested in our form. It must be sent to us by post or email.
10.3.2 we shall remove the offending Content as soon as we are
reasonably able.
10.3.3 after we receive notice of a claim or complaint, we shall
investigate so far as we alone decide.
10.3.4 we may re-instate the Content about which you have complained
or we may not.
10.4 In respect of any complaint made by you or any person on your behalf,
whether using our form of complaint or not, you now irrevocably grant to
us a licence to publish the complaint and all ensuing correspondence
and communication, without limit.
10.5 You now agree that if any complaint is made by you frivolously or
vexatiously you will indemnify us for the cost of our investigation
including legal fees, if any and if we request this.

11. Security of Our Website

If you violate Our Website we may take legal action against you.
You now agree that you will not, and will not allow any other person to:
11.1 modify, copy, or cause damage or unintended effect to any portion of
Our Website, or any software used within it.
11.2 link to Our Website in any way that would cause the appearance or
presentation of Our Website to be different from what would be seen by
a user who accessed Our Website by typing the URL into a standard
browser;
11.3 download any part of Our Website, without our express written consent;
11.4 collect or use any product listings, descriptions, or prices;
11.5 collect or use any information obtained from or about Our Website or
the Content except as intended by this agreement;
11.6 aggregate, copy or duplicate in any manner any of the Content or
information available from Our Website, other than as permitted by this
agreement or as is reasonably necessary for your use of the Services;
11.7 share with a third party any login credentials to Our Website.

12. Copyright and other intellectual property rights

12.1 All Content on Our Website, for example page text, graphics, logos,
images, audio clips, digital downloads, data compilations, and software,
is the property of either us or our affiliates or suppliers of Products for
sale. It is all protected by international copyright laws.
12.2 You may not copy, or in any way exploit any of the Content, except as
is expressly permitted in this agreement or with our written consent. For
the sake of good order you should note that copyright exists in
compilations and graphic images, shapes and styles, as well as in raw
text.

13. Interruption to the Gearshifter Service

13.1 We give no warranty that the Gearshifter Service will be satisfactory to
you.
13.2 We will do all we can to maintain access to Our Website, but it may be
necessary for us to suspend all or part of Gearshifter Service for
repairs, maintenance or other reason. We may do so without telling you
first.
13.3 You acknowledge that our Service may also be interrupted for reasons
beyond our control.
13.4 You agree that we are not liable to you for any loss whether
foreseeable or not, arising as a result of interruption to our Service.

14. Our disclaimers

14.1 Our Website contains links to other Internet websites. We have neither
power nor control over any such website. You acknowledge and agree
that we shall not be liable in any way for the Content of any such linked
website, nor for any loss or damage arising from your use of any such
website.
14.2 We are not liable in any circumstances for special, indirect,
consequential damages or any damages whatsoever resulting from loss
of use, loss of data or loss of revenues or profits, whether in an action
of contract, negligence or otherwise, arising out of or in connection with
your use of Our Website.
14.3 The Gearshifter Website and Gearshifter Services are provided “as is”.
We make no representation or warranty of any kind, express or implied,
including, without limitation, any warranty that either of them will be:
14.3.1 of satisfactory quality;
14.3.2 fit for a particular purpose;
14.3.3 available or accessible, without interruption, or without error.
14.4 So far as concerns a Product you buy through Our Website, we are not
liable for:
14.4.1 any product or service complying with the requirement of any law
or being available;
14.4.2 the Seller performing his contract.
14.5 You now expressly release us from any and all claims and liability
known and unknown, arising in any way from a dispute between you
and a Seller.

15. Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us
at any time and arising out of:
15.1 any act, neglect or default of yours in connection with this agreement or
your use of the Services;
15.2 your breach of this agreement;
15.3 your failure to comply with any law;
15.4 a contractual claim arising from your use of the Services and purchase
of a Product.

16. Miscellaneous matters

16.1 If any term or provision of this agreement is at any time held by any
jurisdiction to be void, invalid or unenforceable, then it shall be treated
as changed or reduced, only to the extent minimally necessary to bring
it within the laws of that jurisdiction and to prevent it from being void
and it shall be binding in that changed or reduced form. Subject to that,
each provision shall be interpreted as severable and shall not in any
way affect any other of these terms.
16.2 If you are in breach of any term of this agreement, we may:
16.2.1 publish all text and Content relating to the claimed breach,
including your name and email address and all correspondence
between us and our respective advisers; and you now
irrevocably give your consent to such publication.
16.2.2 terminate your account and refuse access to Our Website;
16.2.3 remove or edit Content, or cancel any order at our discretion;
16.2.4 issue a claim in any court.
16.3 Any obligation in this agreement intended to continue to have effect
after termination or completion shall so continue.
16.4 No failure or delay by us to exercise any right, power or remedy will
operate as a waiver of it nor indicate any intention to reduce that or any
other right in the future.
16.5 When you visit Our Website or send messages to us by email, you are
communicating with us electronically. We communicate with you by email
or by posting notices on Our Website. You agree that all our
electronic communications satisfy any legal requirement that such
communications be in writing.
16.6 Any communication to be served on either of us by the other shall be
delivered by hand or sent by express post or recorded delivery or, if we
provide prior agreement, by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party
has last sent e-mail: within 24 hours if no notice of non-receipt
has been received by the sender (subject to prior agreement to
service by email).
16.7 In the event of a dispute between us, then, if we so ask, you undertake
to attempt to settle the dispute by engaging in good faith with us in a
process of mediation before commencing arbitration or litigation.
16.8 So far as the law permits, and unless otherwise stated, this agreement
does not give any right to any third party.
16.9 We shall not be liable for any failure or delay in our performance of this
agreement which is caused by circumstances beyond our reasonable
control, including, but not limited to, any labour dispute, pandemic or
natural disaster.
16.10 In the event of any conflict between any term of this agreement and the
provisions of the constitution of a limited company or any comparable
document intended to regulate any other corporate or collective body,
then the terms of this agreement shall prevail.
16.11 This agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
16.12 The validity, construction and performance of this agreement shall be
governed by the laws of the State of Victoria and you agree that any
dispute arising from it shall be litigated only in that State.