Delivering Goods

6 CUSTOMER/BIDDERS OBLIGATIONS

 

6.1 Bids/Purchases are made by the Bidder clicking Buy Now or Bid Now. You as a User acknowledge that bids and purchases are irrevocable acceptances of the Merchants conditions; therefore a bid/purchase once made is not retractable or able to be cancelled.

 

6.2 If you are the Highest Bidder and you are notified by email and/or Online within the “Manage Auctions” area that your bid has been successful or if you are the successful purchaser of an eMarketplace listing, it is your responsibility to directly contact the Merchant immediately after the confirmed purchase to organise to receive/pick up the goods within 10 days nationally and 15 days internationally. You will be deemed to have received the notification from the time that the notification is registered as having been sent to you by the Bartercard system.

 

6.3 DISPUTE PROCEDURE

 

6.3.1 If you as the Customer do not receive the product within the specified timeframe you may within 30 days lodge a dispute with the Online Support Centre, acknowledging it is not up to Bartercard to resolve the dispute. In order for a dispute to be lodged you must have made every effort to resolve the dispute on your own.

 

6.3.2 Once a Dispute is lodged within this timeframe (30 days from the Auction Close Date) to the Online Support Centre the Support Agent will forward to you the details of the Seller or Customer in order for you to make contact and attempt to solve the dispute between the parties to the transaction. You must make every effort to resolve the dispute on your own before Bartercard can in any way investigate or intervene.

 

6.3.3 Dispute notifications will not be accepted after 30 days from the Auction Close Date.

 

6.3.4  Should members be unable to solve the dispute, a member must fill in the Dispute Form Online. A Support Agent will then notify both members, orally and in writing of the dispute. Members should make every effort to solve the dispute within 48 hours.

 

6.3.5 Should the dispute not be solved in 48 hours from the notification, Bartercard reserves the right to investigate and take action accordingly which may result in reversal of the transaction, alternatively the parties must seek independent Legal advice.

 

6.3.6 Only in the event of non delivery which is not solved within 10 days after notification from the Support Centre, Bartercard can, but is not obliged to reverse the transaction in the absence of proof to the contrary. In all other circumstances where disputes cannot be resolved within the timeframe Members are encouraged to seek independent legal advice.

 

6.3.7 Any advice from Bartercard, given in relation to a dispute is not intended to be legal advice and Members should always seek independent legal advice.

 

6.4 I as a purchaser acknowledge the Merchant lists the goods inclusive of all government taxes, levies and charges.

 

6.5 WARRANTY AND INDEMNITY BY YOU AS CUSTOMER

 

6.5.1 By making a bid or purchase, you warrant and represent that you have the legal right to enter into and complete the transaction.

 

6.5.2 By making a bid or purchase, you warrant and represent that at the time of the conclusion of the Auction or at the time of purchase on the eMarketplace that you will have Sufficient Funds in your Bartercard Account and your account has not been suspended or subject to any other restriction which would prejudice your ability to make a bid or purchase and are in all other respects in good standing.

 

6.5.3 You as Customer agree to pay the shipping cost if you place a bid where the merchant has made it a condition of the sale.

 

6.5.4 You as a Customer warrant and understand that funds deemed to be available by Bartercard.

 

6.5.5 Statements Online may not be accurate at the time of a transaction, and therefore Bartercard accepts no responsibility if funds available are insufficient for any transaction.

 

6.5.6 You as a Customer agree to negotiate and where relevant pay any additional import/export taxes, levies and duties. You are aware that these may not be specified once purchase has taken place and there may be additional charges you are liable for.

 

5 MERCHANT’S FURTHER OBLIGATIONS

 

5.1 You agree to list the product with a starting bid, reserve price (if applicable – see clause 5.2) or sale price that represents a fair price that equates to the normal selling price or below for that item after having regard to the principle that one unit of the relevant trade currency equals one unit of the relevant country currency eg: One US Trade Dollar equals One US Dollar.

 

5.2 No item can be subject to a reserve unless the item falls within a category which Bartercard has nominated as a category to which reserves can be used Bartercard can in its sole and absolute discretion nominate any category as a category to which reserves can be used for items being sold.

 

5.3 Starting bids, reserve prices (if applicable – see clause 5.2) or sale prices deemed to be excessive by Bartercard, judged by objective standards or current market price, may be removed at our discretion. It is accepted that the final selling price for auctions may be higher than the normal selling price of the product due to the auction process, but a reserve price (if applicable – see clause 5.2) can not be set higher than the normal selling price for this to be forced to occur.

 

5.3 By listing an item, you are making an irrevocable offer to sell at or above your reserve price (if applicable – see clause 5.2) on an Online Auction or at your stated price on the eMarketplace

 

5.4 You accept full responsibility for incorrect or inaccurate listings or for inappropriate listing categorization. All motor vehicle listings must be placed within one of the Automotive Categories available.

 

5.5 If you choose to list adult or mature audience products please be aware they must be listed under the Adult Category. We reserve the right to censor such products otherwise we will remove them.

 

5.6 You agree not to sell the item that you have listed on the Online Auction or eMarketplace in any other way during the time of the listing. Bartercard will not whilst there is any bid current, remove a listing from the website where the Merchant has sold the item elsewhere or decides not to sell it.

 

5.7 Accordingly the Merchant takes the risk to be liable to the Customer who has acted in good faith and bid for or purchased the item in circumstances where the Merchant has breached these rules by listing and/or selling the item for sale elsewhere. In these circumstances Bartercard is not liable to the Customer and Merchant takes full responsibility.  

 

5.8 You agree not to re-list or sell an item until notified that any outstanding sales have been removed or declined.

 

5.9 You agree not to place multiple listings for the same item if only one item is available.

 

5.10 Once the transaction has been made if there is a successful bidder/Customer it is your responsibility to directly contact the Customer immediately after the confirmed purchase to organize to collection of the goods within 10 days nationally and 15 days internationally. You will be deemed to have received the notification from the time that the notification is registered as having been sent to you by the Bartercard system.

 

5.10.1 In the event of a dispute relating to Non Delivery of the relevant goods, Bartercard reserves the right to investigate the matter by following a Dispute Process which forms part of these terms and conditions. Please refer to clause 3.1.19. and. 6.3 for your obligations as a merchant.

 

5.10.2 Once notified of the dispute relating to Non Delivery the parties have 10 days to respond and provide proof of delivery.

 

5.10.3 Bartercard can, but is not oblige to reverse any transaction if it is satisfied that the dispute has not been solved within this given time, without incurring any liability whatsoever otherwise than implied or imposed by law.

 

5.11 It is the Merchants responsibility to ensure the goods are packaged appropriately and that dispatch documentation is retained for at least 3 months. Please note the limitation of actions for bringing prosecution is normally 6 years, therefore you may wish to keep it longer.

 

5.12 If as the Merchant you have not had contact regarding the pick up of the product within the specified time frame you may within 30 days lodge a dispute notice with the Online Support Centre. However you acknowledge it is not up to Bartercard to resolve the dispute although Bartercard may exercise its discretion according to the Rules. In order for a dispute to be lodged you must have made every effort to resolve the dispute on your own. Please refer to clause 6.3. for the Rules and Procedure of the Online Dispute Process.

 

5.13 Bartercard may delete or refuse to list any or all goods and services at our discretion if they are in contravention to these Terms and Conditions in any way.

 

5.14 The listing may be edited in full by the Merchant (including closing of the listing) prior to bids being placed. Once bids have been placed, the Merchant may only ADD to the description. No pictures may be added once bids have been placed. The eMarketplace listings can be edited in full up until the time it is sold or closed.

 

5.15 All items listed must be listed at full trade and inclusive of all country taxes, including any Value Added Tax, Sales Tax and Goods and Services Tax etc, applicable upon the sale of an item within the merchant's jurisdiction. The items will not be listed inclusive of any additional import/export taxes, levies, duties or other shipping taxes directly applicable due to the customer being located in a different jurisdiction to that of the merchant. It is up to the customer and merchant to negotiate the payment of these taxes, levies and duties between them. It is strongly recommended that the merchant determines these costs before listing shipping limits Merchant to Pay and the Customer investigates these costs before purchasing an item that states shipping is Customers responsibility.