Website and Marketplace Terms and Conditions
In these Terms, ‘us’, ‘we’, ‘our’, and ‘Half A Cow Online’ means Half a Cow Online PTY LTD. ‘You’ means any user of our website, or a Buyer or Seller utilising the Marketplace, as appropriate.
You agree that we may update these Terms at any time on 30 days written notice. In the event that you do not agree to these Terms or to any update to these Terms your sole recourse is to cease using the Marketplace and our services.
1. About Us
We operate a marketplace service via our website where we connect “Buyers” (being a person who purchases a good or service) and “Sellers” (being a person who sells a good or service) (the “Marketplace”). We facilitate transactions between Buyers and Sellers, and provide assistance in relation to customer service, payment, fulfilment, and refund mediation. While we do provide this assistance we are not a direct party to the transaction between a Buyer and a Seller under these Terms.
To create an account, or to otherwise transact via the Marketplace, you must be:
(a) at least 18 years of age;
(b) possess the legal right and ability to enter into a legally binding agreement with us and with other users of the Marketplace; and
(c) agree and warrant to use the website and Marketplace in accordance with these Terms.
If you do not satisfy the above criteria you should not register an account or otherwise attempt to transact via the Marketplace.
3. User Accounts and Registration
Buyers do not need to register an account with us to be able to buy most products from the Marketplace. However you may need to be a registered member to place certain orders via the Marketplace, or access certain features of our website.
Sellers must create an account with us in accordance with the Seller Terms to be able to sell products via the Marketplace.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
4. Collection Notice
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, our business partners, and Buyers and Sellers as relevant) or as required by law. If you do not provide this information, we may not be able to provide all of our goods and services to you, or enable you to place orders via the Marketplace.
5. The Half A Cow Marketplace
5.1 Nature of Marketplace
We provide the Marketplace to enable Buyers and Sellers to enter into transactions for the sale of goods and services.
While we do limit Seller access to the Marketplace, we do not review all materials and advertisements that are made available via the Marketplace and do not warrant the accuracy or currency of any such materials or advertisements.
5.2 Formation of sale contracts
All users agree that when they enter into a transaction for the sale and purchase of a good or service a legally binding agreement is formed between the Buyer and Seller. Each user agrees to comply with its obligations under those agreements as formed from time to time.
6. Terms applicable to Buyers
6.1 Registering with Half A Cow Online
Buyers do not have to create an account with Half A Cow Online in order to make purchases, however there may be advantages to Buyers in doing so, such as maintenance of consolidated order records, and refund and return label creation. Buyers who do not register an account will be able to transact using the standard “Guest Checkout” functionality. Buyers who do not register an account may be restricted from purchasing certain types of goods and services via the Marketplace.
6.2 Purchase of Goods or Services
Buyers may purchase goods or services from Sellers via the Marketplace. The contract for the sale of the goods or services entered into via the Marketplace is solely as between the Buyer and Seller, and we will not have any liability to a Buyer or Seller in relation to a sale transaction other than as expressly set out in these Terms or otherwise to the extent such liability cannot be excluded by law.
6.3 Fees and Pricing
We do not charge fees to Buyers for the use of the Marketplace. Prices displayed on the Marketplace are set by Sellers and are inclusive of GST.
6.4 Product and Service Warranties
Buyers acknowledge and agree that goods and services available via the Marketplace are sold by Sellers and not by us. Accordingly we have no liability to Buyers in respect of such goods and services other than as expressly set out in these Terms.
6.5 Limitation of Liability
We exclude all liability in relation to goods and services sold via the Marketplace to the fullest extent possible at law. To the extent we have any liability to a Buyer in respect of such goods and services our liability is limited to the amount paid by the Buyer for the relevant product or service.
7. Terms applicable to Sellers
8.1 Payment services provided by PayPal and Stripe
Buyers and Sellers each acknowledge that payment functionality of the Marketplace is provided by PayPal and Stripe. Payment for goods and services purchased via the marketplace can be made via PayPal and Stripe (which accepts a variety of credit cards and direct debits) or directly via Visa or Mastercard.
8.2 We are the merchant of record
We are the merchant of record in relation to all transactions undertaken via the Marketplace. This means that payments are processed via our account and refunds will be issued by us. It is a condition of the use of the Marketplace that all transactions are managed and processed by us. Buyers and Sellers agree that we have no liability to Buyers and Sellers to the extent such liability arises out of any act or omission of PayPal, Stripe or any other third party payment processor.
When a Buyer enters into a transaction via the Marketplace we will debit the Buyer’s nominated payment method for the full transaction amount. Transactions will be recorded on the Buyer’s statement as being from Half A Cow. We will deal with transaction funds and account to Sellers in accordance with the Seller Terms.
9. Returns, Refunds and Exchanges
Returns, Refunds and Exchanges are available in accordance with the Refunds and Returns Policy.
10.1 Disputes between Buyer and Seller
Where there is a dispute between a Buyer and Seller you should seek to resolve the dispute directly in the first instance. If you are unable to resolve the dispute you should notify us of the existence of the dispute and we may, but are not obligated to, assist in resolving the dispute. If we agree to become involved in any dispute and make a determination in relation to such dispute Buyers and Sellers agree that our determination is final.
You release us from all claims, demands, loss, liability, expenses, and damage (whether direct or indirect) arising out of any dispute between a Buyer and Seller.
10.2 Disputes between a Buyer or Seller and Half A Cow
Where there is a dispute between a Buyer or Seller and us please contact us at email@example.com to seek a resolution. If we are unable to resolve the dispute either party may refer the dispute for mediation in South Australia. If the dispute cannot be resolved via mediation then either party may take such further action as it deems appropriate, including the commencement of legal proceedings without further notice.
Title and risk in goods purchased via the Marketplace passes upon delivery (including, for the avoidance of doubt, where a package is left at a Buyer’s notified address by a carrier with the authorisation of the Buyer).
12. Accuracy, completeness and timeliness of information
The information on our website (and Marketplace) is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the website (including the Marketplace). You should monitor any changes to the information contained on the website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the website, the Marketplace, or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website and/or Marketplace (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
13. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
14. Third Party Services and Linked sites
You acknowledge that certain services (including Marketplace functionality) are provided on our behalf by third parties. Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
15. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website, the Marketplace, and in all of the material (including all text, graphics, logos, audio and software) made available on this website and the Marketplace (Content).
Your use of this website and the Marketplace and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and Marketplace and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website, the Marketplace, or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website or the Marketplace.
All other use, copying, or reproduction of this website, the Marketplace, the Content, or any part of any of them is prohibited, except to the extent permitted by law.
16. No commercial use
Other than as expressly provided in relation to Sellers, this website and the Marketplace is for your personal, non-commercial use only. Other than as expressly provided in relation to Sellers, you may not use this website, the Marketplace, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
17. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
• attempt to circumvent the Marketplace functionality or otherwise avoid payment of any fees;
• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals (including intellectual property rights);
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• post or distribute any unsolicited commercial messages;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is misleading, false, inaccurate, defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security;
• scrape our website or otherwise harvest or collect information from our website without our consent.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
18. Warranties and disclaimers
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, the Marketplace, or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, the Marketplace, any Content, or any feature of this website or Marketplace at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You agree that we are not liable to you in respect of the acts or omissions of other users of our website and that we do not guarantee the quality, safety, or legality of goods and services offered via the Marketplace. You agree that, subject to our rights to intercede under these Terms, you are responsible for enforcing the terms of any sale and purchase agreement formed under these Terms. You agree that you use the Marketplace at your own risk.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, the Marketplace, and/or the information or materials contained on them, or as a result of the inaccessibility of this website or the Marketplace and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
20. Assignment or Transfer
You must not assign or otherwise transfer your account with us to any third party without our prior written consent.
You indemnify us and will keep us indemnified from and against any and all costs, claims, losses, demands, damages, liabilities, or expenses howsoever arising out of any breach by you of these Terms.
The warranties, indemnities, obligations of confidentiality, and dispute resolution provisions survive termination or expiry of this Agreement for any reason.
23. Entire Agreement
This Agreement (including any terms incorporated by reference) forms the entire agreement between each user and us in relation to its subject matter.
24. Jurisdiction and governing law
Your use of the website and these Terms are governed by the laws of South Australia and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in South Australia.
These Seller Terms, taken together with the Terms, form an agreement between us and each Seller in respect of the sale of goods and services by the Seller via the Marketplace. Each Seller agrees that we may update these Seller Terms at any time on 30 days written notice. In the event that the Seller does not agree to these Seller Terms or to any update to the Seller Terms the Seller’s sole recourse is to cease using the Marketplace and our services.
1. Seller Expression of Interest
Prospective Sellers must express their interest in providing goods or services via the Marketplace by completing the online form here. We will review each expression of interest and will use reasonable efforts to respond in writing within 14 days of receipt. Prospective Sellers agree that we may decline to allow any person to sell via the Marketplace in our discretion and that we are not obligated to give reasons.
2. Sellers must be producers or butchers.
To sell products or services via the Marketplace the Seller must be producers of livestock or accredited butchers in the relevant state or territory in which they operate.
Sellers must inform us if their principal place of business changes.
3. Seller Approval and Entry Into Agreement
Where a Seller is approved to sell via the Marketplace these Seller Terms (as may be amended from time to time) apply in full as between us and the Seller unless we enter into a separate written agreement with the Seller.
4. Seller Standards
Each Seller agrees to comply with the Seller Standards notified by us to the Seller from time to time, and agrees that the Seller Standards form part of the agreement between us and the Seller.
Each Seller agrees that we may update the Seller Standards at any time upon 30 days written notice to the Seller. In the event that the Seller does not agree to the Seller Standards or to any update to the Seller Standards the Seller’s sole recourse is to cease using the Marketplace and our services.
5. Seller Registration
Once approved, we will register the Seller on the Marketplace and will provide the Seller with a username and password. Sellers are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
6. Product and Service Approval
We will review each product and service intended for sale via the Marketplace prior to the product or service being made available. Sellers agree that we may refuse to advertise any product or service in our discretion, without giving reasons.
Approval of a product or service does not constitute any approval, acknowledgement, or endorsement on our part that the sale of the product or service is legal in any jurisdiction or that the content of any Advertisement complies with applicable laws. It is the Seller’s sole obligation to make these determinations and to ensure compliance.
7. Restricted and Prohibited Goods and Services
Sellers must not at any time sell or otherwise make available via the Marketplace any goods or services that cannot legally be sold in Australia.
In addition, we may notify Sellers of any category of restricted or prohibited goods or services at any time, in our discretion.
We may remove an Advertisement for goods or services at any time if we believe the good or service:
(a) is a prohibited good or service; or
(b) is a restricted good or service and the good or service is not being sold by the Seller in accordance with the terms applicable to the sale of that good or service, or is otherwise not in compliance with any law.
Sellers must follow the relevant state or territory law in relation to safe food handling, livestock production and slaughtering practices.
9. Advertisements for Goods and Services
Sellers may offer goods and services via the Marketplace from time to time by creating an advertisement for the product or service utilising the Marketplace functionality (each an “Advertisement”).
9.1 Grant of Rights in Advertising Materials
You grant us the non-exclusive, royalty-free, worldwide right for the duration of the Term of this agreement to use, store, edit, adapt, and display all materials you provide us in connection with any Advertisement (“Advertising Materials”) and/or your use of the Marketplace, including but not limited to your business name, logo, product details, and images.
9.2 Additional Terms and Conditions
Sellers must not make the sale of goods or services via the Marketplace subject to any other terms and conditions unless we have given our prior approval.
9.3 Pricing and Tax
Prices for all goods and services Advertised via the Marketplace must be displayed in Australian Dollars and must be expressed inclusive of GST.
10.1 Fulfilment of purchases of goods
Each Seller agrees that it will fulfil each order as soon as is reasonably practicable following receipt of notification of the order and confirmation of receipt of payment by us.
In the event that fulfilment of an order will be delayed it is the Seller’s responsibility to contact the Buyer and to keep the Buyer and us reasonably informed of the status of the order.
Each Seller acknowledges and agrees that the provisions of the Seller Refund Policy (as defined below) apply in respect of any delayed order, or any order that is unable to be fulfilled.
When adding products or sale that have an unknown “exact” lead time, sellers area required to provide an estimated fulfilment time based on current farming practices and expectations.
Risk and title in goods passes to the Buyer upon delivery including, for the avoidance of doubt, where a package is left at a Buyer’s notified address by a carrier with the authorisation of the Buyer). Sellers should take out insurance in respect of the loss or damage of any goods prior to delivery.
10.3 Fulfilment of purchases of services
Each Seller agrees that it will fulfil any order for the provision of services on the agreed date, in a professional and workmanlike manner, and in accordance with any applicable laws and regulations, and generally accepted industry practice.
11.1 Payments fulfilled via PayPal and Stripe
Each Seller agrees that all payments in relation to transactions made via the Marketplace will be made via PayPal or Stripe. Sellers agree that transactions will be made via our Business PayPal account or Stipe connected bank account and we will hold the transaction proceeds in that account subject to these terms.
11.2 Seller to provide bank account and credit card details
Each Seller must provide us with accurate and current:
(a) bank account details (the “Nominated Bank Account”); and
(b) credit card details (the “Nominated Credit Account”).
Each Seller authorises us to deposit all amounts payable to the Seller into the Nominated Bank Account and to charge and deduct from the Nominated Credit Account any and all amounts payable or otherwise owing to us.
11.3 Payments held on behalf of Seller
In respect of each transaction conducted via the Marketplace we will:
(a) collect payment from the Buyer;
(b) deduct our applicable fees; and
(c) hold the remainder of each Payment (the “Net Payment”) on behalf of the Seller.
We will release the Net Payment to the Seller on the date that is ten days following the dispatch of the goods or provision of the services unless a refund, return, or exchange has been requested prior to that date, in which case we will retain the Net Payment until such time as the refund, return, or exchange has been processed. Sellers agree we may apply the Net Payment as required in relation to the refund, return, or exchange.
11.4 GST and other Taxes
Our fees include GST unless otherwise specified.
Sellers are responsible for accounting for GST in respect of each sale transaction made via the Marketplace and release us from any liability in respect of the same.
12. Refunds, Returns, and Exchanges
12.1 Sellers to have a Refund Policy
Each Seller must have its own refund and exchange policy that is compliant with all applicable laws, including the Australian Consumer Law (a “Seller Refund Policy”). Each Seller must clearly display the Seller Refund Policy in all Advertisements and must comply with the Seller Refund Policy in respect of all sales made via the Marketplace.
If we reasonably believe that a Seller Refund Policy does not comply with any applicable law or that a Seller has not complied with a Seller Refund Policy we may direct the Seller to amend the Seller Refund Policy or to take any action we deem reasonably necessary in relation to a refund or exchange, and the Seller agrees to comply with any such direction.
12.2 Refunds and Exchanges Policy to Apply in the absence of Seller Refund Policy
In the event a Seller does not have a Seller Refund Policy or does not clearly display the Seller Refund Policy in an Advertisement the Seller agrees to comply with the Half A Cow Refunds and Exchanges Policy in place from time to time in relation to all sales made via the Marketplace for so long as the Seller does not have a Seller Refund Policy or in relation to all transactions where the Seller does not clearly display the Seller Refund Policy in relation to a relevant Advertisement.
12.3 We remain entitled to fees
Where a Buyer requests a refund for change of mind we will refund our Transaction Fees to the Seller.
Each Seller agrees that in the event of a refund relating to a faulty or incorrect product or service being delivered to the Buyer we remain entitled to our Transaction Fees in respect of the underlying transaction.
Sellers agree that to the extent a refund cannot be processed to the full amount of the transaction value from any monies held by us on the Seller’s behalf we may charge the Seller’s Nominated Credit Account for the difference.
12.4 Refund Costs
Sellers agree that we may on-charge to the Seller any fees or other costs we incur in connection with the giving of refunds or exchanges.
13.1 Subscription Fee
We may charge you a monthly subscription fee in accordance with our notified Schedule of Fees.
13.2 Transaction Fee
Sellers agree that we are entitled to a percentage of the ex-GST value of each transaction concluded via the Marketplace as set out in our Schedule of Fees from time to time (the “Transaction Fee”), and that we may deduct the Transaction Fee from money held by us on the Seller’s behalf prior to remitting the balance to the Seller. If the money held by us is at any time insufficient to enable us to deduct our Transaction Fee Sellers agree that we may charge the difference to the Seller’s Nominated Credit Account.
13.3 Right of set-off
Each Seller agrees that we may deduct, set-off, or otherwise apply any monies held by us on behalf of a Seller from or against any amounts owed to us by the Seller.
14. Warranties and Indemnity
Each Seller warrants that:
(a) it has the capacity to enter into this agreement and all necessary corporate action has been taken to facilitate the entry into this agreement;
(b) it has the right, title, and ability to sell the goods and services it makes available for sale via the Marketplace;
(c) all goods it makes available via the Marketplace are fit for purpose, of merchantable quality, may legally be made available in Australia, and are compliant with all relevant laws, regulations, and codes;
(d) all services it provides via the Marketplace will be delivered in a professional and workmanlike manner, will be fit for purpose, may legally be performed in Australia, and will be compliant with all relevant laws, regulations, and codes;
(e) it will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in connection with the collection, use, disclosure and other handling of personal information collected by the Seller in connection with transactions performed via the Marketplace or otherwise under this agreement;
(f) all information provided to us and/or displayed via the Marketplace is accurate and current and is not misleading or deceptive;
(g) it is able to grant us rights in the Advertising Materials and our use of the Advertising Materials will not infringe the rights (including intellectual property rights) of any third party; and
(h) it will act in good faith in relation to the Marketplace and Half A Cow at all times.
Each Seller indemnifies us and will keep us indemnified from and against any and all cost, claim, loss, demand, damage, liability, or expense howsoever arising out of:
(a) a breach of this agreement by the Seller; and
(b) the use by a Buyer of any goods or services sold by the Seller via the Marketplace.
15. Suspension and Termination
We may suspend the operation of this agreement and/or a Seller’s access to the Marketplace immediately if we reasonably believe that the Seller is in breach of any of the terms of this Agreement.
15.2 Termination by you for convenience
A Seller may terminate this Agreement on 30 days written notice to us, but provided that the Seller remains obligated to fulfil any orders entered into prior to the effective date of termination. Each Seller agrees that the terms of this Agreement remain applicable in full to any such orders.
15.3 Termination by us
We may terminate this Agreement at any time upon written notice to a Seller. Each Seller remains obligated to fulfil any orders entered into prior to the effective date of termination. Each Seller agrees that the terms of this Agreement remain applicable in full to any such orders.
15.4 Rights and Obligations following termination
We remain entitled to all rights and obligations accrued as of the date of termination. In particular, each Seller agrees that we remain entitled to payment of all outstanding Subscription Fees and Transaction Fees and that we may deduct all such outstanding amounts from amounts we hold on a Seller’s behalf or otherwise may charge the Seller’s Nominated Credit Account.
Refunds and Returns Policy
This policy applies to all goods and services sold via the Marketplace. Each Buyer and Seller expressly agrees that this Refunds Policy forms part of the Terms.
1. Australian Consumer Law
Nothing in this Refunds Policy purports to exclude or impair any rights Buyers have under the Australian Consumer Law.
2. Seller Policy to apply
Each Seller must have its own Seller Refund Policy, which must be clearly displayed in each Advertisement on the Marketplace. Each Seller Refund Policy must be compliant with applicable laws, including the Australian Consumer Law.
If a Seller does not clearly display a Seller Refund Policy the Half A Cow Refunds Policy set out in Clause 4 below will apply.
3.1 Returns must be made by original purchaser
All returns must be made by the original purchaser.
3.2 Buyers to Contact Sellers Directly
Buyers should contact Sellers directly in respect of returns either via the Buyer’s Marketplace account or by utilising the contact details provided by us.
3.3 Return Labels
If the Buyer has registered an account with the Marketplace the Buyer can utilise the returns functionality in the account to notify the Seller of the proposed return and to create a returns label. If the Buyer has not registered an account with the Marketplace the Buyer must contact the relevant Seller to obtain details of where to send the product for the purposes of obtaining a refund or exchange.
4. Half A Cow Refunds and Returns Policy
4.1 Policy to apply if no Seller Refund Policy
This policy applies to the extent that a Seller does not have a Seller Refund Policy or where an Advertisement does not clearly display the Seller Refund Policy.
4.2 Returnable Products
Returnable Products are any products that are not specified as Non-Returnable Products in Clause 4.3 below.
A Buyer may return a Returnable Product for any reason within 14 days of receipt provided that:
(a) the Returnable Product is unused and in its original condition; and
(b) is received by the Seller within 10 days of notice of the return being lodged.
4.3 Non-Returnable Products
The following products may only be returned if they are in breach of any warranty or guarantee that cannot be excluded at law (including the Australian Consumer Law):
(b) personalised products;
(c) made-to-order furniture;
(e) swimwear with hygiene sticker removed;
(f) software products;
(g) earrings for pierced ears; and
(h) food items that have been opened.
4.4 Seller acceptance of returns
A Seller must accept a return or exchange if a Returnable Product is returned in accordance with Clause 4.2 above or if a Non-Returnable Product is returned and is found to not comply with any non-excludable warranty or guarantee (including under the Australian Consumer Law).
If a Seller does not accept a return or exchange it must contact use immediately to discuss the matter.
4.5 Request for Exchange or Refund
Where a product is returned by a Buyer and such return is accepted by the Seller the Buyer may request an exchange or refund. Where the Buyer requests an exchange and such exchange is available the Seller agrees to make the exchange as soon as is reasonably possible.
The parties agree that where an exchange is requested because of:
(a) a faulty or incorrect product, the Seller will bear the additional shipping costs; or
(b) a sizing issue or change of mind, the Buyer will bear the additional shipping costs.
Following the receipt of the exchange the Buyer agrees that it has no further claims against us or the Seller in relation to the relevant transaction (unless the exchanged item does not comply with any non-excludable guarantee under the Australian Consumer Law).
Where the Buyer requests a refund the Seller will notify us immediately, providing full details of the transaction including the amount of the relevant transaction. Once the Seller notifies us that the return has been accepted and a refund is to be issued we will process the refund as soon as is reasonably practicable following receipt of such notification. Each Buyer and Seller acknowledges that our sole obligation under this Clause is to process the refund and we will not have any further liability to any Buyer or Seller in relation to any refund or exchange.
Refunds will be issued by us in the form of payment used to complete the transaction. For example, where a transaction has been paid for:
(a) via PayPal, the applicable amount will be refunded to the Buyer’s PayPal account;
(b) by credit card, the applicable amount will be refunded to the Buyer’s card; or
(c) using a gift voucher, a voucher or other form of store credit will be issued.
Buyers agree that upon receipt of a refund from us the Buyer has no further claims against us or the Seller in relation to the relevant transaction.
Any disputes between Buyer and Seller in relation to refunds or exchanges should be notified to us. Clause 11.1 of the Terms will apply to any such disputes.