Terms and Conditions

You agree to these Terms and Conditions, and any changes that SellBidandBuy makes to these Terms and Conditions, by becoming a member of SellBidandBuy, or by using the SellBidandBuy web site.

General Terms and Conditions:
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
  1. SellBidandBuy can change this Terms and Conditions at any time, without giving you prior notice and it is your responsibility to make sure that you are familiar with the up to date Terms and Conditions;
  2. SellBidandBuy provides the SellBidandBuy web site and services so that you can buy and sell items with other members of SellBidandBuy. SellBidandBuy is not a party to these transactions, and will not become involved in resolving disputes between members about transactions;
  3. SellBidandBuy is not liable to you or any other person for anything in connection with any aspect of the SellBidandBuy web site or your use of it. In particular, SellBidandBuy is not liable to you or any other person on any basis for any loss or damage caused to you directly or indirectly by use of the SellBidandBuy web site;
  4. SellBidandBuy has no knowledge and makes no representations or warranties about any aspect of any item, listing or member of SellBidandBuy;
  5. You use SellBidandBuy services and the SellBidandBuy web site entirely at your risk. SellBidandBuy takes no responsibility for any system unavailability, or for any loss or damage that is incurred as a result of the SellBidandBuy web site or services being unavailable. Further, SellBidandBuy assumes no responsibility for the corruption of any data or information held by SellBidandBuy, and provides no warranty or guarantee that the SellBidandBuy web site or services will be error free or reliable;
  6. SellBidandBuy provides no warranty or guarantee for the accuracy of information provided by SellBidandBuy;
  7. SellBidandBuy is not recommending or endorsing products or services by permitting them to be offered for sale on SellBidandBuy;
  8. A failure by SellBidandBuy to exercise a right under this Terms and Conditions does not amount to a waiver of the right;
  9. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the SellBidandBuy web site without prior written permission; and
  10. This Terms and Conditions constitute the entire agreement, between the parties, relating to the subject matter of this Terms and Conditions.
Rights To Suspend or Terminate:
You agree that this web-site, at its discretion, may terminate any auction or use of the service immediately and without notice if:
  1. We believe that you are not abiding by the general rules of this web-site;
  2. You have repeatedly broken a certain term;
  3. You have listed a suspicious item;
  4. Your listing contains direct links to websites or pages that offer to trade, sell or purchase goods or services outside of SellBidandBuy. This applies whether it is a static URL or an active link; or
  5. We believe you to be a non-paying bidder.
In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.

Your Conduct:
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

Membership:
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to register with their correct name, address, details or age the account will be terminated immediately.
  1. You agree to keep your membership information, including email address, residential address, and telephone number, current at all times;
  2. You agree not to allow any other person to use the SellBidandBuy site using your account and Member Name;
  3. Each person or business may have only one membership of SellBidandBuy; and
  4. You may not include or provide your membership details (including your email residential address, phone number or other method of contact) on your profile, your listings, and your feedback or on the SellBidandBuy Forums.
Selling:
If you offer items for sale on SellBidandBuy you agree that:
  1. You are legally entitled to sell the items you are offering for sale;
  2. Your item description is accurate and complete, and includes all relevant information about terms of sale including shipping and payment information;
  3. Your item description is not inaccurate, misleading or fraudulent;
  4. Your item description or item for sale does not Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights;
  5. You will state in a listing if an item is not in your direct possession, and provide an estimated delivery time to the Buyer;
  6. You will offer items for sale in the appropriate categories, and will not offer adult rated items in any category other than the Adult category;
  7. Your item descriptions will not include references to other web sites where similar items are offered for sale, or contact details are provided for a seller of similar items;
  8. You intend to sell the items to the highest bidder via SellBidandBuy if the reserve price is met;
  9. You will not attempt to manipulate the bidding on an auction by shill bidding, or by assuming multiple identities;
  10. You will not offer items to another bidder unless contact with the winning bidder cannot be made within a reasonable time, or the winning bidder fails or declines to comply with the terms of sale stated in the item description of your listing; and
  11. You will not charge unreasonable amounts for shipping and handling.
Buying:
When buying an item on SellBidandBuy you agree that:
  1. By buying an item, you warrant that you have the legal right to enter into and complete the transaction;
  2. Your bids are an irrevocable offer to buy the item at the bid price entered;
  3. If your bid is successful, you must complete the transaction in the manner specified in the listing's item description;
  4. Your Member Name and the amount of your bid will be shown on the SellBidandBuy web site; and
  5. You will not bid on an auction that belongs to any person that is personally known to you with the intention of increasing the current price of that auction.
Wanted Ads:
When posting a Wanted Ad on SellBidandBuy you agree that:
  1. Want Ads postings are only permitted in the Wanted Ads area of the site and must comply with all SellBidandBuy policies.
  2. You may submit a Wanted Ad for an item that you require and that is not listed on the site. Should another Member have a similar item, they may list it and advise you of their listing.
  3. The facility of Wanted Ads must not be used to list items or services for sale.
  4. Responses to Wanted Ads posts should match the description of the item in the post.
  5. Multiple reports received about a member sending inappropriate responses may result in the suspension of a member’s account.
  6. Methods of direct communication included in a Want It Now post are not permitted. Examples include, links, User ID's, email addresses, phone numbers and live chat links.
  7. Posts that contain personally identifiable information such as first and last name are prohibited. City, state and post code may only be included to help potential responders determine proximity to the buyer.
  8. Posts soliciting goods, services or monetary gifts are not allowed, even when the solicitation is done by or on behalf of a registered charity.
  9. Want It Now posts and items sent in response should not contain vulgar or offensive language.
Accounts and Fees:
  1. SellBidandBuy accounts may not be used to pay for items purchased using the SellBidandBuy web site.
  2. Account balances must be settled when due. In the event of any failure by you to settle an account balance you are liable for all reasonable expenses (including legal fees) incurred by SellBidandBuy.
  3. If your membership is terminated by SellBidandBuy, or you choose to terminate your membership, SellBidandBuy will refund the balance of your credit account less a $5 processing fee to a nominated Australian bank account or to a nominated PayPal account. Account balances of $10 or less will not be refunded.
  4. If you have not signed into SellBidandBuy for a period of 24 months any unused balance on your SellBidandBuy account is forfeited to SellBidandBuy and your membership suspended.
  5. SellBidandBuy charges fees for the use of the SellBidandBuy web site as a venue.
  6. Fees for extra listing options are charged when items are listed, and are only refundable if the refund process is followed and SellBidandBuy accepts that a refund is appropriate in the circumstances.
  7. Fees are deducted from your SellBidandBuy account.
  8. Refunds will be credited to your SellBidandBuy account.
  9. All fees paid by members are in Australian dollars and GST is not applicable.
Liability:
  1. This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions;
  2. Sellers on SellBidandBuy are solely responsible for the content of their listings;
  3. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items;
  4. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on;
  5. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence;
  6. This Web-site shall not be responsible for any items sold or purchased on SellBidandBuy, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller;
  7. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained; and
  8. This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.
Laws:
These Terms of Service shall be governed by and constructed in accordance with the laws of the Commonwealth of Australia and any disputes will be decided only by the Courts of the Commonwealth of Australia.