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Terms and Conditions

SURPLUS ECO STORE – POLICIES AND PROCEDURES

1. GENERAL

Welcome to The Surplus Eco Store Pty Ltd. Please read these terms and conditions before accessing or using the Site. The Site is provided by Surplus Eco Store Pty Ltd (ABN 58 676 453 302) trading as “Surplus Eco Store”, “us” or “we”) where you can browse, select and purchase products sold by Market Sellers (“Products”)

1.1 Before using the Surplus Eco Store services, you must read and accept all the terms in, and linked to, this User Agreement ("Agreement"). We strongly recommend that, as you read this User Agreement, and that you access and read the hyperlinked information. If you have any questions, please contact Customer Service.

The entity you are contracting with is:

· Surplus Eco Store Pty Ltd, Unit 34, 49-51 Mitchell Road, Brookvale, NSW, 2100 if you reside in Australia;

In this User Agreement, these entities are individually and collectively referred to as "Surplus Eco Store", "we" or "us".

2. PRIVACY POLICY

Your privacy is important to us. It is Surplus Eco Store’s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://surplusecostore.com.au, and other sites we own and operate.

Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.

This policy is effective as of 10 September 2024.

Last updated: 10 September 2024

2.1 Information We Collect

Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.

“Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.
“Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our products and services.

2.2 Log Data

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.

Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.

Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

2.3 Device Data

When you visit our website or interact with our services, we may automatically collect data about your device, such as:

Device Type
Geo-location data

Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

2.4 Personal Information

We may ask for personal information — for example, when you submit content to us or when you contact us — which may include one or more of the following:

Company / Contact Name
Email
Phone/mobile number
Shipping address

2.5 User-Generated Content

We consider “user-generated content” to be materials (text, image and/or video content) voluntarily supplied to us by our users for the purpose of publication on our website or re-publishing on our social media channels. All user-generated content is associated with the account or email address used to submit the materials.

Please be aware that any content you submit for the purpose of publication will be public after posting (and subsequent review or vetting process). Once published, it may be accessible to third parties not covered under this privacy policy.

2.6 Legitimate Reasons for Processing Your Personal Information

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

2.7 Collection and Use of Information

We may collect personal information from you when you do any of the following on our website:

Register for an account
Sign up to receive updates from us via email or social media channels
Use a mobile device or web browser to access our content
Contact us via email, social media, or on any similar technologies
When you mention us on social media

We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

to provide you with our platform’s core features and services
to enable you to customize or personalize your experience of our website
to deliver products and/or services to you
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
to enable you to access and use our website, associated applications, and associated social media platforms
for internal record keeping and administrative purposes
to attribute any content (e.g. posts and comments) you submit that we publish on our website

We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, Our marketing and market research activities may uncover data and insights, which we may combine with information about how visitors use our site to improve our site and your experience on it.

2.8 Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.

2.9 How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

2.10 Disclosure of Personal Information to Third Parties

We may disclose personal information to:

a parent, subsidiary, or affiliate of our company
third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators, transport companies
our employees, contractors, and/or related entities
our existing or potential agents or business partners
credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
third parties to collect and process data
an entity that buys, or to which we transfer all or substantially all of our assets and business

2.11 International Transfers of Personal Information

The personal information we collect is stored and/or processed in Australia.

The countries to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this privacy policy.

2.12 Your Rights and Controlling Your Personal Information

Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our website or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.

Downloading of Personal Information: You may access the Personal Information we hold about you and update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Surplus Eco Store will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

2.13 Use of Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

Please refer to our Cookie Policy for more information.

2.14 Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

2.15 Limits of Our Policy

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

2.16 Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.

If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

2.17 Additional Disclosures for Australian Privacy Act Compliance (AU)

2.18 International Transfers of Personal Information

Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.

2.19 Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)

2.20 Data Controller / Data Processor

The GDPR distinguishes between organisations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, Surplus Eco Store Pty Ltd, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.

2.21 Legal Bases for Processing Your Personal Information

We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

2.22 Consent From You

Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. You may consent to providing your email address for the purpose of receiving marketing emails from us. While you may unsubscribe at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

2.23 Performance of a Contract or Transaction

Where you have entered into a contract or transaction on our platform, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details in order to respond.

2.24 Our Legitimate Interests

Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

2.25 Compliance with Law

In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

2.26 International Transfers Outside of the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

2.27 Your Rights and Controlling Your Personal Information

Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 30 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

2.28 Additional Disclosures for California Compliance (US)

Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.

To make such a request, please contact us using the details provided in this privacy policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organisations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.

Do Not Track

Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.

We adhere to the standards outlined in this privacy policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.

Cookies and Pixels

At all times, you may decline cookies from our site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this privacy policy for more information.

CCPA-permitted financial incentives

In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.

Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act:

Customer records, such as billing and shipping address, and credit or debit card data.
Commercial information, such as products or services history and purchases.
Internet activity, such as your interactions with our service.
Geolocation data.

For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.

Right to Know and Delete

If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or selling the personal information; and
The specific pieces of personal information we have collected about you.

To exercise any of these rights, please contact us using the details provided in this privacy policy.

Shine the Light

If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.

To receive this information, send us a request using the contact details provided in this privacy policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.

2.29 Contact Us

For any questions or concerns regarding your privacy, you may contact us using the following details: info@surplusecostore.com.au

3. TERMS FOR VENDORS

While using the Surplus Eco Store Marketplace you abide by the following policies:

By listing an item on Surplus Eco Store’s site, you agree to comply with our rules and policies. You also agree to assume full responsibility for the content of the listing and item offered, and accept the following listing conditions.
It is up to each individual Vendor to ensure their advertised product is accurately described and displayed and we take no responsibility for orders that cannot be fulfilled for any reason or for late despatch or delivery of any product for whatever reason.
You may list items with small defects, however these must be clearly advertised in the item listing and items should be priced accordingly.
You must list your product with either the Actual or Best Estimated Date of Manufacture
We highly recommend pricing your stock keeping in mind the Date of Manufacture, with aged stock being more heavily discounted.
You will not manipulate the price of any item or interfere with other users' listings.
We strongly recommend listing your items for a maximum of Recommended Retail Price, profiteering is not acceptable on this marketplace.
As a Vendor, you are responsible for service returns, refunds, customer service, dispute resolution in respect of sales of Products via the Website.
As a Vendor you are solely responsible for offering any Warranty with your Product if you are in the position to do so. Surplus Eco Store is facilitating the transaction only, and is not responsible for offering after sale service.
You must deliver items purchased from you, unless the buyer fails to meet the posted terms.
By becoming a Vendor on this Website, you acknowledge that we may recover all costs that are incurred in relation to honouring sales of Products on the Website including but not limited to costs in relation to Charge Backs, Merchant fees, fulfillment, warranties, returns and Product defects. These costs will be debited to your credit card or direct debit account provided to us and you authorise such debits from your account.
All Products listed by Vendors must be Products that are in stock and available for purchase. The Vendor must have the legal rights to sell these products via our Website. We may require an assurance or evidence of this from you from time to time. Failure to comply may result in your product being removed from the Website and/or your Store Account being suspended or cancelled.
Except within the Allocated Area, under no circumstances are Vendors permitted to advertise their business telephone number within their product description on the Website. Failure to comply may result in your product being removed from the Website and/or your Store Account being suspended or cancelled.
You must not circumvent or manipulate our fee structure, the billing process, or fees owed to Surplus Eco Store, this includes making contact and sale agreements with purchasers outside of our marketplace.
You must not distribute viruses or any other technologies that may harm Surplus Eco Store or the interests or property of Surplus Eco Store users.
You must not take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to Surplus Eco Store).

3.1 Website Content

We may reject any product that are not relevant to our areas of interest and reserves the right to cancel/and/or amend such product listing, without notice and without refund.
We may withdraw or alter the product or material you send us if it is deemed to be inappropriate, incorrect or not in keeping with the Website’s style standards and tone.
Products on the Website may only include text descriptions, graphics, pictures and other content relevant to the sale of that particular Product.
Any phone numbers provided must be yours as officially ascribed to you by a Telecommunications business or you must have permission and authority to use such phone numbers.
We reserve the right to verify the availability of products offered for sale and to verify the information contained in any product listing by requiring the Vendor to provide acceptable evidence of the availability of the products(s) for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your service being suspended or cancelled and/or removal of the products.
Vendors must not post/submit illegal, prohibited or offensive content to this Website and must not use derogatory terms on the Website. Any Vendor who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the Website, any product which is deemed by us to contain illegal or prohibited content, derogatory or offensive terms.
Vendors may not include political, religious or controversial material on any Product or part of the Website. We reserve the right to immediately cancel and remove, without notice or refund, from the Website, any Product which is deemed by us to contain such content.
Vendors must not use this Website to promote any products not permitted to be sold via the Website nor advertise hyperlinks directing Customers to other websites.
We do not permit data mining of any of the content on this Website in any way.
You will not share your sign-in credentials with any third parties.
You will not transfer your Surplus Eco Store account (including Feedback) and username to another party without our consent.
You will not copy, modify or distribute rights or content from the Surplus Eco Store copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
We do not permit the use of the Website to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.
If you are the subject of an interview and/or article and/or feature and/or video of any sort appearing on the Website, you accept that the published interview and/or article and/or feature and/or video is prepared with editorial integrity and that our editorial decision is final. You also accept the possibility that editorial errors can occur. Where such errors occur, we will make every effort to amend these errors as soon as they are discovered or brought to our attention but we will not liable for any adverse consequences or loss arising from any such error.

4. TERMS FOR CUSTOMERS

4.1 Product Information and Images

Information about goods (including but not limited to pricing and stock levels) on the Website is based on material provided by third-party Sellers. At times, there may be an error in this information and except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
You agree to make your own enquiries with the individual Seller to verify information provided and to assess the suitability of goods or services before you order the goods. Due to limitations in photographs and screen depictions of images, the representation of goods may slightly differ between the way they appear on the Website and when received.
As a Purchaser it is your responsibility to obtain full information of the product from the Vendor, either through the product listing, or through direct messaging.
We strongly suggest considering all factors available when considering the use of the product you are purchasing, this includes age of the film, or flaws / damage (if present)
Additionally, at times depictions of goods are created or chosen by us for promotional purposes, and may not be a precise and exact representation of the goods received.

4.2 Contracts Policy

As Surplus Eco Store operates as a marketplace platform, it does not sells its own goods. Surplus Eco Store is a marketplace platform whereby it allows independent third-party Sellers who abide by our Terms and Conditions to sell goods on our Website.
When you purchase any good, you are entering into an agreement with the Seller. The listing of the good will contain the Seller's details in addition to any terms of sale specific to the Sellers goods (such as delivery timetables).
By purchasing any good, you are entering into a contract directly with the Seller, and Surplus Eco Store is not a party to the contract. The Seller has the ultimate right to decide if the order can or will be fulfilled. Legitimate data errors can occur from time to time such as inaccurate inventory levels and pricing.
Since Surplus Eco Store is not a party to these contracts between Buyers and Sellers, we do not review contracts, adjudicate or take sides in any contract disputes. Surplus Eco Store also does not search for items that may raise these types of issues or enforce terms from third parties restricting the resale of an item.
You agree that as a platform for independent Sellers, Surplus Eco Store is not responsible for the transactions that occur between you (customer) and the Seller, nor are we responsible for the Seller's goods or services to the extent permitted by law.
You must not share your sign-in credentials with any third parties
Surplus Eco Store does not make any warranty or representation regarding the standard of any goods or services to be supplied by the Seller. Nothing identified here is to have the effect of restricting or modifying any rights or obligations that cannot be restricted or modified by law (including the Australian Consumer Law).
You must not distribute viruses or any other technologies that may harm Surplus Eco Store or the interests or property of Surplus Eco Store users

5. PAYMENT SERVICES

Payments for goods and services sold using the Surplus Eco Store services are facilitated by Stripe pursuant to the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to you. To receive payment for an item sold using our services, you must accept and comply with the Payments Terms of Use, including the requirements to provide the applicable Payment Entity information about you, your business, and the financial account you will use to receive payments

5.1 If you are a buyer:

· You may pay for such items and services using the payment methods that the Surplus Eco Store makes available, and Stripe will manage settlement to sellers. Buyers agree and understand that payments received by the applicable Entity from buyers (via third parties such as credit and debit card issuers and payments service providers) are received on behalf of sellers and satisfy buyers' obligations to pay sellers in the amount of payments received.

· You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the Payment Entity. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with payment transactions on Surplus Eco Store. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the Payment Entity has no control over, or responsibility or liability for, such fees or actions.

6. TAX ON CONSUMER PURCHASES

Buyers and sellers are responsible for any Goods and Services Tax (GST), sales tax, Value Added Tax (VAT) or other taxes that apply to items bought on Surplus Eco Store. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.

In any jurisdiction where Surplus Eco Store has an obligation to collect tax on consumer purchases made using our services:

Surplus Eco Store may add the applicable tax to the item price displayed to the buyer;
Surplus Eco Store will display the tax amount at checkout once the buyer's order and delivery address are confirmed, and this will be included in the order total paid by the buyer;

As a buyer, you acknowledge and agree that tax may apply on top of the seller's item price, and that you will have the opportunity to review this before finalising your order.

As a seller, you acknowledge and agree that where Surplus Eco Store has an obligation to collect tax on consumer purchases

1) your prices may appear higher to buyers based on their delivery address, and

2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by Surplus Eco Store

7. RETURNS AND REFUNDS

When you purchase an item/s, you're entering into an agreement with the vendor – Surplus Eco Store isn't party to the contract.

That means that we can't review a contract or the terms of one, and we can't take sides in a dispute should one arise.

Since Surplus Eco Store isn't a party to these types of contracts between buyers and vendors, we don't review contracts, adjudicate or take sides in any contract disputes. Surplus Eco Store also doesn't search for items that may raise these types of issues or enforce terms from third parties restricting the resale of an item.

In the event that you have a dispute with the vendor you have purchased from, it is the purchaser’s responsibility to contact the vendor directly to resolve the issue.

Should you not find a resolution you are satisfied with, please contact Surplus Eco Store and let us know. We expect responsible trading on our platform, and should a vendor repeatedly exhibit poor trading behaviour, we will close their account on our platform.

Sellers don't accept returns if you've changed your mind about an item. If there is something wrong with your item, you're entitled to return it, regardless of the seller's return policy.

7.1 Sellers will not be held liable for:

Late delivery where attempted delivery has occurred on or before the delivery time-frames
A parcel has been signed for and delivery has occurred (regardless of whether or not you have personally accepted delivery)
Sellers strive to get deliveries to your address on time however delivery times are not guaranteed and do not form part of your contract with us or with Sellers.
If you are seeking a refund due to a late courier or Australia Post delivery and the item is still in transit you need to wait until you receive it and then communicate directly with the Seller.

7.2 Defective Goods

All goods sold by Sellers on the Surplus Eco Store come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or 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. Sellers reserve the right to require proof that the goods were damaged or faulty.
If you have received goods you believe are not as described, please contact the seller whom you made the purchase from, within 3 days of receiving the order.
You can negotiate directly with the seller for a reduction in price, or replacement of goods
The seller will be responsible for the cost of returning goods, however the purchaser is responsible for the risk of returning goods, including safe and protective packaging to avoid breakage in transit. If the item is not received, you will not be eligible for a refund or exchange. We strongly recommend you insure high-value items that you return for change of mind and opt for additional tracking with signature upon delivery.
You may be provided with a product exchange, only when the returned product is received, unbroken, and in a condition for resale.
If the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address.
If the matter is still unresolved, we will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.

7.3 Change of Mind Returns

Due to the nature of the products sold on Surplus Eco Store, there are No Change of Mind Returns
Returns and refunds will only be entered into when the product received is not as described and displayed in images attached to the sale listing.
Items for sale can include flaws in the material, however this needs to be communicated clearly with the purchaser.

8. SOCIAL MEDIA

We may use social media and the Website may provide links to a number of social media websites, for example Facebook, Twitter, Skype, Snapchat, Pinterest, LinkedIn, Viber and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.

We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of Surplus Eco Store. We take no responsibility for all and any content on the Website except for such items which are specifically identified as being content produced by us.

9. GENERAL DISCLAIMER

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Surplus Eco Store will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Surplus Eco Store make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Surplus Eco Store) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of the products of Surplus Eco Store; and (d) the Services or operation in respect to links which are provided for your convenience.
You acknowledge that Surplus Eco Store Website and the Services are only intended to facilitate the interactions between the Customer and the Vendor and does not offer any services other than the Services and Surplus Eco Store holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

10. LIMITATION OF LIABILITY

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our site, including dealing with underage or fraudulent persons. You will not hold Surplus Eco Store responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a seller. Instead, our sites are venues to allow anyone to offer, sell, and buy goods and services, at any time, from anywhere, in a variety of locations.
We are not a party to the contracts for sale between buyers and third-party sellers. Unless otherwise expressly provided, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online.
Surplus Eco Store’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Surplus Eco Store, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that Surplus Eco Store holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
We give no warranties in relation to the authenticity of advertisers or Users of the Website. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Vendors on the Website.
Some information on the Website may be uploaded by Vendors from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Website does not imply our endorsement or liability in respect of such content.
All reasonable care will be taken while compiling the Website’s content, including advertising content. Nevertheless, we do not warrant or represent that the Website is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
We endeavour to provide continual availability of our services and access to the Website. However, access to the Website may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Website will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Website or inability to use the Website even if we have been advised of the possibility of damages. You release Surplus Eco Store, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Website in this regard.

11. TERMINATION OF CONTRACT

If you want to terminate the Terms, you may do so by providing Surplus Eco Store with 3 Months notice of your intention to terminate by sending notice of your intention to terminate to Surplus Eco Store via the 'Contact Us' link on our homepage.
Surplus Eco Store may at any time, terminate the Terms with you if:

- you have breached any provision of the Terms or intend to breach any provision;

- Surplus Eco Store is required to do so by law;

- Surplus Eco Store is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

- the provision of the Services to you by Surplus Eco Store is, in the opinion of Surplus Eco Store, no longer commercially viable.

Subject to local applicable laws, Surplus Eco Store reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Surplus Eco Store’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Surplus Eco Store have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. INDEMNITY

You agree to indemnify Surplus Eco Store, its affiliates, employees, agents, contributors, third party content Vendors and licensors from and against:

- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

- any breach of the Terms.

Updated 10 September 2024