1.1 Welcome to Sustainablemarketplace.com.au (the 'Website'). The Website facilitates interactions between:
(a) people looking for independent sellers of products (the 'Buyer'); and
(b) independent Sellers selling products (the 'Seller'), making it easier for the Buyer and the Seller to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
1. 2 The Website is operated by Sustainable Marketplace Pty Ltd (ABN 77 637 087 499) . Access to and use of the Website, or any of its associated products or Services, is provided by Sustainable Marketplace. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1. 3 Sustainable Marketplace reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sustainable Marketplace updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Sustainable Marketplace in the user interface.
3. 1 In order to access the Services, the Buyer may, and both the Private Seller and the Retail Seller are required to register for an account through the Website (the 'Account').
3. 2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(f) Payment details
3. 3 You warrant that any information you give to Sustainable Marketplace in the course of completing the registration process will always be accurate, correct and up to date.
3. 4 Once you have completed the registration process, you will be a registered Member of the Website ('Member') and agree to be bound by the Terms.
3. 5 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Sustainable Marketplace; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. 1 As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation, relevant industry code, or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sustainable Marketplace of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Sustainable Marketplace;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Sustainable Marketplace for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited
5. 1 Sustainable Marketplace provides a platform to Sellers to list Products for sale and to Buyers to purchase Products from Sellers. We are not party to any contract between you and a Seller.
5. 2 Each order placed by you will form a separate contract between you and the Seller of that product, which incorporates these Terms and Conditions.
6. 1 By placing an advertisement on the Website, all Sellers accept and must conduct themselves in accordance with these Terms and Conditions. Retail Sellers must also accept and must conduct themselves in accordance with Sustainable Marketplace's Seller Standards & Sustainability Guidelines.
6.2 It is a Seller’s responsibility to ensure they comply with applicable Terms and Conditions.
6.3You also acknowledge and agree that Sustainable Marketplace retains complete editorial control over the Website. Sustainable Marketplace may at its sole discretion:
(a)reject or cancel any Advertising request at any time;
(b)refuse to include any Advertising Content at any time;
(c)remove any Advertising Content at any time;
(d) position Advertising Content as it sees fit; and
(e)label any Advertising Content as an "advertisement" for clarification and stipulate any other conditions to ensure that it is clear that the Advertising Content is and advertisement.
6. 4 You must have clear legal title and ability to sell Products you advertise on the Website in accordance with Australian law.
7. 1 By Sustainable Marketplace offering the Services to you, you agree that:
(a) Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.
(b) Fees differ for Private Sellers and Retail Sellers. It is the Seller’s responsibility to consider the fees before they advertise. Placing an advertisement on the Website is deemed to be acceptance of these Terms and Conditions and the applicable fees. You should read and understand these Terms and Conditions so that you are aware of the fee that is relevant to you.
(c) All fees for advertisements placed on the Website must be prepaid, unless stated otherwise or prearranged with an authorised representative of Sustainable Marketplace.
(d) Any fees paid to us to place an advertisement on the Website do not grant any Seller exclusive rights to any web page on the Website.
(e) By advertising and completing sales on the Website, you are giving us permission to accept full payment on your behalf from Buyers for sales of Products prior to us accounting to you for such sales.
(f) You acknowledge that you are responsible for Product fulfilment, service returns, refunds, customer service, and dispute resolution with regard to the sales of Products on the Website.
(g) 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, fulfilment, warranties, returns and Product defects. These costs will be debited to your nominated payment method provided to us and you authorise such debits from your account.
7. 2 All payments made in the course of your use of the Services are made using the payment methods listed on the Website. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions of the payment methods listed on the Website, which are available on their website.
7.3 To protect you and your interest from fraudulent orders and payments, your nominated payment method must pass our fraud prevention protocols. We may contact you to confirm additional details. If you do not provide the requested information within the required time frame, your order will be cancelled and payment returned, if applicable, to the method you originally paid. Your order will not be dispatchd if it does not pass our fraud prevention process.
8.1 Any order you place on the Website will only be finalised after your payment is authorised and verified, and you receive a confirmation email. Please keep this email as proof of your purchase.
8.2 Once your order is confirmed, it will be fulfilled by the Seller. It is your responsibility to ensure you have correctly entered all order details, including your contact details, to enable the Seller to fulfil your order.
8.3 All Sellers who sell Products on the Website ship their goods, or provide a ‘Click & Collect’ service within Australia. It is the Seller’s responsibility to advise shipping & delivery details, and the terms & conditions regarding their Products. These details can be found on the Seller’s Product page.
8.4 Some Sellers may offer international shipping. To find out if international shipping is an option, and for any international shipping terms and conditions and/or costs directly associated with the product, please refer to the Seller’s Product page.
8.5 The ‘Click & Collect’ feature on the website enables you to purchase a Product online and collect your order from a Seller’s store. The service is only available if the ‘Click & Collect’ icon is shown on the Product listing. It is your responsibility to ensure you have the correct details of the Seller and that you have correctly entered all order details (including your contact details). It is the Seller’s responsibility to notify you when your order is ready to be collected. When collecting ‘Click & Collect’ purchases from the Seller you must present current photo identification and a payment receipt for your order.
9.1 Sellers on Sustainablemarketplace.com.au offer repairs, replacements and refunds in accordance with the Australian Consumer Law and on the terms set out in the Seller’s refund policy.
9.2 Before making a purchase on our Website, please read the Seller’s refund policy so that you can understand your rights and what you can expect from the Seller if you are not satisfied with your order.
9.3 If a Product which you purchased from a Seller on Sustainablemarketplace.com.au has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
9.4 If a Product or Service which you purchased from a Seller on Sustainablemarketplace.com.au has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
9.5 As the operator of the Website, Sustainable Marketplace is only a facilitator in introducing a Buyer to a Seller and providing a system to make safe payment. We are not a party to any Contract between a Buyer and a Seller. Therefore, we do not hold any liability to the Buyer directly and will not personally refund you any payments made in the use of Services.
9.6 If your order is cancelled prior to dispatch you will be notified by email and you will receive a complete refund to your original payment method, allowing for a processing period of seven (7) days.
9.7 If, after delivery of your order, you believe you may be entitled to a refund, then Sustainable Marketplace requires you to:
(a) Login to your account on Sustainablemarketplace.com.au
(b) Choose the menu option ‘purchase history’ to request a refund.
9.8 If contacted by a Buyer who is requesting a refund pursuant to the above clause, the Seller agrees that they will immediately:
(a) complete the Sustainable Marketplace refund request form (the 'Request Form') provided on the Website; and
(b) provide both the Request Form and the email from the Buyer to Sustainable Marketplace.
9.9 If the Seller agrees to a refund it is acknowledged that the Seller will instruct Sustainable Marketplace to refund all or part of the payments made to the Buyer directly, less any fees and charges incurred by Sustainable Marketplace in processing the refund.
9.10 Change of Mind Some Sellers on sustainablemarketplace.com.au may offer exchange or return for Change of Mind. When placing an order on our Website, it is your responsibility to make sure you are aware of the Seller’s refund policy for that Product, and if exchange or return for Change of Mind applies to the Product. Please contact the Seller direct for any Change of Mind exchange or return.
9.11 Products Damaged During Delivery
(a) In the event that the product you ordered has been damaged during delivery, please contact the Seller as soon as possible. It is the Seller’s responsibility to arrange to repair, replace or refund the product in accordance with their refund policy.
(b) It is your responsibility as the Buyer to return any damaged product in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
9.12 Exceptions A Seller may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
(a) You misused the said product in a way which caused the problem.
(b) You knew or were made aware of the problem(s) with the product or service before you purchased it.
(c) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against the Seller’s advice, or you were unclear about what you wanted.
(d) Any other exceptions apply under the Australian Consumer Law.
9.13 Both the Buyer and Seller agree that they will comply with the Refund Policy contained in this Clause of these Terms.
9.14 Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
10.1 The Website, the Services and all of the related products of Sustainable Marketplace are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Sustainable Marketplace or its contributors.
10.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Sustainable Marketplace, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Sustainable Marketplace does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Sustainable Marketplace.
10.3 Sustainable Marketplace retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
10.4 You may not, without the prior written permission of Sustainable Marketplace and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10.5 Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Sustainable Marketplace a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
12.1 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.
12.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Sustainable Marketplace 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.
12.3 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 Sustainable Marketplace make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Sustainable Marketplace) 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:
(a) 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;
(b) 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 Sustainable Marketplace; and
(d) the Services or operation in respect to links which are provided for your convenience.
12.4 You acknowledge that Sustainable Marketplace Website and the Services are only intended to facilitate the interactions between the Buyer and the Seller and does not offer any services other than the Services and Sustainable Marketplace holds no liability to you as a result of any conduct of the Membersor the misuse of Your Content by any party (including other Members).
13.1 Sustainable Marketplace'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.
13.2 You expressly understand and agree that Sustainable Marketplace, 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.
13.3 You acknowledge and agree that Sustainable Marketplace 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.
14.1 If you want to terminate the Terms, you may do so by providing Sustainable Marketplace with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to Sustainable Marketplace via the 'Contact Us' link on our homepage.
14.2 Sustainable Marketplace may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Sustainable Marketplace is required to do so by law;
(c) Sustainable Marketplace is transitioning to no longer providing the Services toMembers in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Sustainable Marketplace is, in the opinion of Sustainable Marketplace, no longer commercially viable.
(e) you have not, in the opinion of Sustainable Marketplace, complied with the Seller Standards & Sustainability Guidelines.
14.3 Subject to local applicable laws, Sustainable Marketplace reserves the right to discontinue or cancel yourMembership 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 Sustainable Marketplace's name or reputation or violates the rights of those of another party.
14.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Sustainable Marketplace 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.
15.1 You agree to indemnify Sustainable Marketplace, its affiliates, employees, agents, contributors, third party content Sellers and licensors from and against:
(a) 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;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
16.1 Compulsory: If a dispute arises out of or relates to the Terms, either party ('Party') may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2 Notice: A Party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other Party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3 Resolution: On receipt of that notice ('Notice') by that other Party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
16.4 Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
16.5 Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by Sustainable Marketplace is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Last updated by Sustainable Marketplace September 2020