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Terms and Conditions

The following terms and conditions govern the Service that we offer at the Site (“User Agreement”). It covers auction sales and “Buy Now” sales. Please read these terms and conditions carefully. When you register with the Service, you are deemed to have accepted, and will be bound by the User Agreement, as amended and varied by us from time to time.

 

1. GENERAL

1.1 Terms and conditions

  1. Capitalised terms used throughout the User Agreement have the meaning given to them in clause 12.
  2. The terms and conditions contained in the User Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please read our Help pages. If you still have questions, please contact our customer service team at reception@dominiongroup.net.au.
  3. We may amend the User Agreement from time to time by posting new terms and conditions on this Site. These amendments will usually take effect seven (7) days after the changes have been posted on the Site. You should review this User Agreement from time to time for any amendments. Please ensure you are familiar with the User Agreement as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this User Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
  4. Please note that additional conditions governing the Service and your relationship with us are contained in other Dominion Group website pages and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the User Agreement. In particular, please carefully read all information relating to the Item Details Page, Lot Page or Lot Detail which contains important information relevant to each particular sale on the Site.
  5. All prices quoted (including bids) are in Australia Dollars (AUD) unless otherwise specified.

1.2 Use of the service

  1. The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service.
  2. If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
  3. Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the Site.

1.3 Obligation to maintain system integrity

  1. You may not take any action that might interfere with the operation of the Service.
  2. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any online auction being conducted on our Site.
  3. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
  4. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
  5. You are solely responsible for your transmissions through the Service. You must:
    1. not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
    2. not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
    3. not interfere with or disrupt networks connected to the Service;
    4. not use the Service for illegal purposes;
    5. comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.
  6. We reserve the right to determine whether or not your conduct is consistent with the User Agreement and what we believe is good practice for the Site. We may in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the User Agreement or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.

 

2. REGISTRATION

2.1 Registering for use

  1. You must register your details with us to use the Service (your “Account”). Registration is free and does not oblige you to purchase anything.
  2. Upon registering a $1 preauthorisation will be processed against your account. This amount will be deleted within seven (7) working days and will not be completed. If the $1 preauthorisation is returned to us as declined your registration will be refused.
  3. You must not use false or misleading information when registering or using the Service. Your obligations to us won’t be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with your updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
  4. When you register for the Service, you must choose your user name and password. You must have a valid user name (or “login”) and password before you can bid on items on the Site. You are responsible for the security of your user name and password. We may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. This includes your obligation to purchase an item which may result from use of your user name and password. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
  5. We intend to send notifications to you by e-mail of:
    1. the status of an online auction in which you are participating, such as ‘you have been outbid’ e-mails, or “you are the Winning Bidder” emails;
    2. sales confirmation for “Buy Now” sales;
    3. details on how to collect your goods
    4. the status of your delivery, if applicable;
    5. a copy of your invoice, if applicable;
    6. newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form; and
    7. requests to participate in customer feedbackHowever, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
  6. We will use your personal data in accordance with our Privacy Statement. We will not sell your personal information to other mailing lists.
  7. You may request that your Account be closed by emailing us a closure request, to reception@dominiongroup.net.au. In the case of an online auction you may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account be closed.
  8. We will only close your account if:
    1. any online auction at which you have bid has closed,
    2. any “Buy Now” sale has been concluded, and
    3. you have paid everything you owe us in cleared funds.

2.2 Eligibility to participate

You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you:

  1. are under 18 years of age,
  2. an undischarged bankrupt, or
  3. under any type of insolvency administration, where you are a company.

2.3 Registration process

In order to be eligible to purchase goods using the Service, you must provide details of an acceptable credit card sufficient to make online payments. By registering, you irrevocably authorise us to process these transactions.

2.4 Your information

  1. “Your Information” includes any information you provide us at any time, including when you register to use the Service to bid online or buy products.
  2. You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
  3. The secure areas (anywhere personal information is sought) of the site are protected by a minimum of 128bit SSL encryption. Whilst Dominion Group Auctions Online will endeavour to ensure this service is always functioning correctly it is the responsibility of the user to ensure their browser displays either an ‘s’ directly following the URL (e.g. http(s)://www.dominiongroup…) or a lock symbol in the bottom of the web browser prior to entering personal information.
  4. You must ensure that Your Information,
    1. is true, accurate and complete;
    2. is not false or misleading;
    3. does not infringe any other person’s rights (for example intellectual property rights) or privacy;
    4. is not contrary to any applicable law or industry code of practice;
    5. is not defamatory, threatening or harassing;
    6. is not obscene or pornographic; or
    7. does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  5. You must not do or allow to be done anything involving the Service which:
    1. may be contrary to any applicable law or industry code of practice, or
    2. is prohibited by the User Agreement.

 

3. YOUR RIGHTS AND OBLIGATIONS

3.1 Online Auctions – Your obligations as bidder

  1. When you use the Service to bid at an online auction, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and you must purchase the item you have bid for and pay the Winner’s Bid Amount, plus any additional charges that you may be obliged to pay.
  2. Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
  3. Please take care when setting a Maximum Bid, as once your Maximum Bid is placed, it cannot be altered or withdrawn.
  4. It is your responsibility to read the Item Details Page, Listing Pages and Lot Page relating to any item listed for auction on the Site. Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
  5. Please make sure you understand the collection, delivery and payment terms, including any amendment to those terms and conditions as outlined in the item’s description or in the Item Details Page orLot Page. Usually a Buyer’s Premium, and possibly other charges such as a delivery fee (if applicable), will apply to online auctions (please refer to clause 3.2 for examples of additional charges).
  6. You must not engage in bid manipulation.

3.2 Online Auctions – Your obligation to pay –

  1. If you are the Winning Bidder in an Online Auction, you must pay:
    1. the Winner’s Bid Amount; and
    2. the Buyer’s Premium; and
    3. any other fees and charges specified in the Item Details Page and Lot Page, and including but not limited to tax, delivery and insurance charges, (the “Invoice Amount”)
    4. due to us either by:
    5. authorised credit card deduction (charge), immediately; or
    6. by way of direct deposit (Electronic Funds Transfer), deposit of a bank cheque or such other method whereby immediately cleared funds are deposited into the bank account nominated by us within 2 working days (48hrs) of closure of online auction.
  2. If you are the Winning Bidder we will send you an email providing you with purchase instructions and a link offering the option to pay either by credit card online or via direct deposit into our nominated bank account.
  3. If you:
    1. refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
    2. do not comply with the terms and conditions of the User Agreement
      we may, in our absolute discretion:

      1. sue you for all money owing to us, including any Buyer’s Premium and lost income;
      2. resell the item in any manner and on such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (c)) (if any) from you; or
      3. charge you a cancellation fee of $250.00 or 20% of the Invoice Amount (whichever is the greater) to cover cost of resale of the item, lost commission and Buyer’s Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating us to the same position as if the item was sold to you;
      4. and in taking the steps in (a), (b) or (c), you authorise us to charge your credit card for any amount owing to us.
  4. Notwithstanding that you have been notified that you are a Winning Bidder, we may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
    1. the credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by you;
    2. there are insufficient funds or the credit limit is insufficient to cover the Invoice Amount;
    3. you don’t pay the Invoice Amount into a bank account nominated by us within 2 working days of the Winning Bidder placing the Winner’s Bid Amount; or
    4. we are unable to contact you for any reason.
  5. If you fail to comply with any of these terms and conditions, any money which you paid to us on deposit on account of any purchases of an item may be forfeited to us. We may also sue you to recover the balance of the Invoice Amount and any other amounts owing to us under these terms and conditions. In exercising our power of forfeiture, we will not act unreasonably.

3.3 “Buy Now” sales

You must pay the purchase price (including any GST) in full for a “Buy Now” sale together with any other applicable fees or charges, for example Buyer’s Premium due to us by either:

    1. authorised credit card deduction (charge), immediately; or
    2. by way of direct deposit (Electronic Funds Transfer), deposit of a bank cheque or such other method whereby immediately cleared funds are deposited into the bank account nominated by us within 2 working days (48hrs) of closure of online auction.
  1. We will send you an email with instructions providing you with a link offering the option to pay either by credit card online or via direct deposit into our nominated account.

 

4. THE ONLINE AUCTION PROCESS

4.1 Procedure

  1. You may bid:
    1. by placing a normal bid; or
    2. throughMaximum Bid.
  2. If you bid at an online auction using Maximum Bid, you are responsible for monitoring the online auction in which you are participating and acting in the auction by instructing Maximum Bid with your bids.
  3. An online auction will start at the specified time and at the nominated minimum starting price.
  4. All bids placed at an online auction,
    1. must be made on a per-item basis, and
    2. may only be increased by multiples of the posted bid increment.
  5. We set a minimum price for each item we auction at which the bidding must start.
  6. We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if:
    1. there is or we suspect there may be, fraudulent or malicious bidding;
    2. there may be processing errors;
    3. there may be technological errors or Site failure; or
    4. we are not satisfied with proof of ownership of any good listed on the Site.
  7. Bids will be ranked in the following order of precedence,
    1. bid price,
    2. bid quantity, and
    3. initial bid time.
      1. For example, if two or more bids are for the same bid price, the higher quantity will take precedence. If two or more bids are for the same bid price and bid quantity, the time the bidder placed their first bid on the item (or lot) takes precedence.
  8. All bids placed on online auctions are made on a per-item basis (unless otherwise specified in the auction details) and bid amounts may only be increased in multiples of the specified bid increment. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid, nor will you be permitted to lower your bid quantity with a new bid. If you want to decrease your quantity, you must wait until your current highest bid is exceeded by another bidder.
  9. Winning bids placed at online auctions may be processed by us even if the bidder’s bid is successful only in respect of a percentage of the lot or unit volume bid upon by that bidder. For example, if a bidder bids on 10 units and is successful in relation to 2 of those units, but is outbid on the other 8 units, we will recognise the Winning Bid Amount placed by you with respect to the 2 units only.

4.2 Conclusion of online auction

  1. The auction closes at the end of the time period specified for that online auction where there are no new successful bids during the 5 minutes immediately preceding the end of the time period specified. If there are any successful bids on a particular lot/item within 5 minutes of the close of the online auction (the bonus time period), the auction will continue to be extended until there are no more within the ‘Bonus Time’ Period. The ‘Bonus Time’ Period may vary from time to time by a number of seconds but will not exceed 15mins from the scheduled auction closing time. We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the ‘Bonus Time’ Period.
  2. When an online auction in which you have participated closes and you are the Winning Bidder, we intend to notify you by e-mail. This notice will include,
    1. notification that you are the Winning Bidder and of the amount of your winning bid; and
    2. the item number and description.
  3. We provide this notice out of courtesy and as a reminder to you. You may not receive this email, however, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us will not reduce or release you from your obligation to complete the sale and purchase the auction sale item.
  4. When you place the winning bid at an online auction, we may charge the cost of your purchase and the cost of the applicable delivery fee, together with any other purchases you have made in accordance with clause 3.2.
  5. If you are the Winning Bidder for an item at an online auction, you must complete the transaction and purchase that item.
  6. You acknowledge that:
    1. unless otherwise stated all prices are quoted in Australian dollars;
    2. you must pay for goods and services, including delivery costs and other fees as outlined in clause 3.2, in Australian dollars, unless otherwise specified.

    4.3 Processing and technological errors

    1. If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we may do all or any of the following:
      1. at any time (prior to or after the original time set for conclusion of the online auction) extend an online auction for a period of time (determined at our discretion);
      2. decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time – to be determined at our discretion;
      3. retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and
      4. amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
      5. cancel that entire online auction / buy now transaction and conduct the sale again.

    4.4 Time – online auctions

    When bidding on Dominion Group Auctions Online the time is approximately equal to Australian Eastern Standard Time (AEST or AEDT as applicable). There may on occasion be instances where time is slightly different to AEST or AEDST.

     

    5. RETURNS
    5.1 Return of goods – Online Auctions

    1. Subject to paragraph 5.1b and subject to our absolute discretion, generally goods bought at auction may not be returned to us for any reason including:
      1. if you change your mind; or
      2. you have had the opportunity to inspect them before bidding as sales are made on a “as is, where is” basis.
    2. Goods will only be returned if we are responsible for delivery and they,
      1. were incorrectly described in the Lot Description (other than minor differences);
      2. or the goods were damaged significantly other than that stated in the item description
    3. If you wish to return an item or items in accordance with 5.1 b., you must email our customer service team with full details of your purchase and the reason for return of the item or items within 3 days of the sale closing date. When we receive your email, we will assess your claim and and may email you a returns advice form, which must be included with the returned item.
    4. We reserve the right to refuse any claim for refund.
    5. If we email you a returns advice form in accordance with sub-paragraph 5.1(c) and we do not receive a response from you or receive the returned item from you within 2 working days, you will be deemed to have waived any right that you may have had to return the item and will have no further right to return the item to us, or claim a refund.
    6. Goods must be returned in their original packaging and must not be tampered with or used in any way.
    7. Within the first 5 working days of receipt by us of a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is found to be invalid), the item will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the goods. We may charge your credit card with any moneys incurred by us as a result of this process. If we are unable to collect payment for the outstanding freight charges we reserve the right to resell the item on your behalf and deduct any outstanding charges prior to remitting you the balance.
    8. If, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 21 days, either replace your goods or refund your credit card for the Invoice Amount, or issue you with a direct deposit for the original Invoice Amount.
    9. If an item or lot is described in the Lot Description or Item Details Page on our Site as being in a faulty or damaged condition, you acknowledge that condition when bidding for that lot or choosing to buy that item, we accept no liability for, and will not entertain any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the auction item or lot.

    5.2 Returns of Goods – ‘Buy Now’ sales

    1. Subject to paragraph 5.2b and subject to our absolute discretion, goods bought at ‘Buy Now’ sales may not be returned to us:
      1. if you change your mind; or
      2. if you have had the opportunity to inspect them before bidding as sales are made on a “as is, where is” basis.
    2. Goods will only be returned if we are responsible for delivery and they,
      1. were incorrectly described in the Lot Description (other than minor differences);
      2. or the goods were damaged significantly other than that stated in the item description
    3. If you wish to return an item or items in accordance with 5.2 b., you must email our customer service team at auction@dominiongroup.net.au with full details of your purchase and the reason for return of the item within 3 days of the sale closing date. When we receive your email, we will assess your claim and may email you a returns advice form, which must be included with the returned item.
    4. We reserve the right to refuse any claim for refund
    5. If we email you a returns advice form in accordance with sub-paragraph 5.2(c) and we do not receive a response from you or receive the returned item from you within 2 working days, you will be deemed to have waived any right that you may have had to return the item and will have no further right to return the item to us, or claim a refund.
    6. Goods must be returned in their original packaging and must not be tampered with or used in any way.
    7. Within the first 5 working days of receipt by us of a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is found to be invalid), the item will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the goods. We may charge your credit card with any moneys incurred by us as a result of this process. If we are unable to collect payment for the outstanding freight charges we reserve the right to resell the item on your behalf and deduct any outstanding charges prior to remitting you the balance
    8. If, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 21 days, either replace your goods or refund your credit card for the Invoice Amount, or issue you with a direct deposit for the original Invoice Amount.
    9. If an item or lot is described in the Lot Description or Item Details Page on our Site as being in a faulty or damaged condition, you acknowledge that condition when bidding for that lot or choosing to buy that item, we accept no liability for, and will not entertain any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the auction item or lot.

    5.3 Reference to Retail Prices

    1. In certain circumstances, an item for sale on the Site may display the manufacturer’s original retail price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the price supplied by the manufacturer, distributor or retailer of the item at the time of the item’s original sale. That price may not be current as at the time of the sale. We take no responsibility for the display of ORPs on any item listed on the Site. You must satisfy yourself as to the value of the item being sold.
    2. In certain circumstances, an item for sale on the Site may include reference to the manufacturer’s Recommended Retail Price (RRP). Usually, if a RRP is included with a sale item, the RRP has been supplied by the vendor of the item and we assume the vendor believes the RRP is current at the time the item is placed on the Site for sale. We accept no responsibility for the accuracy or otherwise of any RRP included on any item listed for sale on the Site. We suggest users independently satisfy themselves as to the value of the item being sold.
    3. The Comparable Retail Price (CRP) means the price at which in the judgment of our manufacturers or suppliers, is the comparable selling price in retail shops for the same or similar item. In some cases the CRP may be supplied by an importer of products who has not sold in the domestic market, and in these cases the CRP may be calculated using a foreign retail price (adjusted) as a guide. You may choose to use the CRP as a reference guide. We take no responsibility for the display of any CRP listed on the Site, and we suggest users independently satisfy themselves as to the value of the item being sold.

    5.4 Manufacturer’s liability

    1. Subject to any rights you may have under any law, if an item is sold as a “Buy Now” sale or by online auction, and that item is sold with an accompanying manufacturer’s warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.
    2. To the extent permitted by law, we do not provide any representation or warranty in relation to any manufacturer’s warranty that accompanies this product. In particular, we do not represent that the manufacturer’s warranty is compliant with the Australian Consumer Law. Any rights that you may have in respect of the manufacturer’s warranty are against the manufacturer and not us.

     

    6. OUR RIGHTS
    6.1 Suspension from use of service

    1. We may refuse you the right to use the Service if you:
      1. do not pay for the item and/or refuse delivery of the item;
      2. give information which is untrue, inaccurate or incomplete; or
      3. have engaged in any form of bid manipulation. In those circumstances you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
    2. We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the User Agreement or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
    3. If we suspend your access to the Service, you may not register again.

    6.2 False or Misleading Conduct

    1. It is illegal to use a false name to use the Service with an invalid or stolen credit card or make bids, even if our software initially accepts such a bid. We intend to refer fraudulent users to the police and to your Internet Service Provider.
    2. You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
    3. If your credit card balance is insufficient to meet all money due to us, or a charge back is made on the credit card, then in addition to all other remedies available to us under the User Agreement, we may immediately institute proceedings against you for any amount owing to any person.

    6.3 Our rights upon breach by you

    We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account (including on any of your current online auctions, and any other information you place on the Dominion Group Auctions Online site) if you breach the User Agreement or if we are unable to verify or authenticate any information you provide to us.

    6.4 Rights as agent and/or seller

    1. We may withdraw and/or re-offer an item from sale an online auction or by “Buy Now” sale if the item:
      1. becomes unavailable due to damage;
      2. has uncertain ownership;
      3. is no longer in stock;
      4. is withdrawn by the manufacturer, distributor or vendor;
      5. as been erroneously listed twice;
      6. is incorrectly described; or
      7. is incorrectly priced.
    2. We may withdraw an auction item from sale or cancel a “Buy Now” sale under sub clause 6.4 at any time, even if the sale has been completed and the item delivered to you. In those circumstances we will refund any amount you have paid for the item including any additional charges and fees you may have been charged.
    3. We also reserve the right to change the:
      1. quantities of products posted;
      2. maximum number of items which you may buy or bid for; or
      3. bid increment during an auction;
      4. at any time before the sale or online auction is completed. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.

 

7. LIABILITY AND INDEMNITIES

7.1 Our liability to you

  1. In an online auction we are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Maximum Bid. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
  2. We provide the Site and the Service without any express or implied warranty or condition concerning the Site’s capacity.
  3. Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any good.
  4. We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control or during maintenance.
    You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and “Buy Now” sale or bids placed at online auctions may not be processed or accepted.
  5. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
  6. We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

7.2 Limitation of our liability to you

  1. In relation to the items sold as “Buy Now” sales or in an online auction, we will endeavour to:
    1. provide accurate descriptions to fairly reflect each item;
    2. pass clear title to the items to you; and
    3. ensure that each item listed on the Site is available.
  2. To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Site and the sale of any goods are excluded.
  3. We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option:
    1. in the case of goods supplied to:a) the replacement of the goods;
      b) the supply of equivalent goods; or
      c) making a full refund to you.
    2. in the case of services supplied to:a) supply of the services again;
      b) payment of the costs of having the services supplied again; or
      c) making a full refund to you

7.3 Indemnities

  1. You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
  2. You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the User Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
  3. You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, (including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the User Agreement by you; or
  4. the infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.

 

8. COLLECTION, DELIVERY, INSURANCE AND RISK

8.1 Collection and delivery

  1. Unless otherwise agreed in writing by us, each lot shall be paid for and removed at the expense of the Winning Bidder or successful purchaser, either on the day that the sale takes place, or at our sole discretion within the number of days following the auction as shall be nominated byus. Failure of the successful purchaser to comply with this condition will be deemed a breach of the Contract whereupon we will be entitled to forfeit any deposit paid and to terminate the Contract.
  2. Details concerning collection and/or delivery of items following the conclusion of a “Buy Now” sale or online auction are set out in the Lot Detail or Item Details Page and in this clause
  3. We may withhold collection or delivery of any item until you have paid everything owing to us.
  4. Any collection times specified by us in the Auction Listing Pages, Lot Page, Lot Detail or Item Details Page or otherwise are estimates only and we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such details.
  5. In particular where items are not held by us on our premises, you must strictly observe and comply with collection times and arrangements specified by us in the, Auction Listing Pages, Item Details Page, Lot Detail or Lot Page. Your failure to strictly adhere to those collection times and arrangements, may result in the item being removed from those premises and although we will exercise all reasonable care on your behalf, we do not have custody or control of those items and accordingly we will not be liable for the unavailability of the item or the fact that no refund of the purchase price is made to you.
  6. Unless outlined in the Auction Listing Pages, Lot Page, Lot Detail or Item Details Page, delivery of bulky goods (for example large TVs, furniture, and whitegoods) assumes ground floor front door delivery.
  7. Whenever you visit any place where goods are stored to inspect or collect them, you must comply with:
    1. any law relating to occupational health and safety;
    2. any directions or warning we have given about goods or their location in the Item Details Page, Lot Detail or Lot Page; and
    3. any directions or warnings given by us or anyone authorised by us when inspecting or removing any goods from any location;
  8. You acknowledge that you inspect or remove goods at any location at your own risk.
  9. If you don’t collect an item within 7 days of a sale we may charge you a storage fee in accordance with our usual rates.
  10. If you do not collect the item within 14 days of a sale, we reserve the right to sell the item (if it was purchased for more than $100.00) upon terms we determine to be fair and reasonable,
  11. If we sell the item in accordance with clause 8.1i we will refund the proceeds of sale to you, less Buyer’s Premium, a storage charge based on a fee of $5.00 per day of storage and an administration fee of $40.00.
  12. Because of the administration costs involved, we reserve the right to sell or otherwise dispose of an item purchased for $100.00 or less, without refund to you.

8.2 Risk and title

  1. If the item is to be delivered by us to a place nominated by you, the risk in it will pass to you:
    1. when it is delivered; or
    2. if we are unable to deliver the item to the place nominated by you for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempt to deliver the item.
  2. All items to be delivered must be delivered to a specified premises and receipt must be acknowledged by signature. After you have provided delivery location details, you must not:
    1. contact any carrier we use directly and authorise them to deliver the items to another address;
    2. arrange for collection from the carrier directly.
    3. If you contravene this clause you will waive any right you may have had to personal delivery, and you will be deemed to have accepted all responsibility for any loss of or damage caused to the items, and you release us from any liability for any loss or damage caused as a result.
  3. Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If title has passed, that will not affect our rights to terminate a sale under clause 6.4.
  4. If the item is withheld by us in accordance with the User Agreement, risk in the item will pass to you at such time as you would have been able to collect the item had we not been holding it.
  5. You cannot change or request to change your delivery address details after a “Buy Now” sale or online auction has closed. We have no responsibility if an item is not delivered where you change your delivery address details in those circumstances.

 

9. PRIVACY

  1. Our Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all users of the Site agree to abide with the policy when using this Site.
  2. If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the Site.
  3. By registering with the Service and accepting the User Agreement, you also consent to:
    1. Collection of a variety of personal information which is specified in greater detail in the Privacy Statement. This information includes your address, gender, and date of birth and contact details; in some cases, credit card details, bidding and buying activities; and your use of our Site generally.
    2. Use of your personal information for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under State or Federal law; statistical analysis of usage of our Site to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site.
    3. We may disclose your information in the circumstances specified in the Privacy Statement.

 

10. GOVERNING LAW

This User Agreement is governed by and will be construed according to the law of New South Wales and is subject to the jurisdiction of the courts of New South Wales.

 

11. GST

  1. All bids are deemed to be inclusive of GST (where applicable) or any other value added tax or goods and services tax
  2. The Auction Listing Page, Lot Detail or Item Detail Page will state whether the sale price of a lot is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
  3. You acknowledge and agree that:
    1. if the sale price is GST Inclusive, any Buyer’s Premium will include GST and will be calculated as a percentage of the sale price (inclusive of GST) and payable by you at the same time as the sale price; or
    2. if the sale price is GST Exclusive, GST will be calculated on and added to the sale price, and in the case of an online auction the Buyer’s Premium exclusive of GST will be calculated on the sale price and payable by you at the same time as the sale price.

 

12. DEFINITIONS AND INTERPRETATION

  1. Buyer’s Premium means that percentage of the Winner’s Bid Amount as identified on the Item Details Page and Lot Page and payable by the winning bidder of an auction. The Buyer’s Premium is payable in addition to and at the same time as the Winner’s Bid Amount, and will form part of the total Invoice Amount to be paid by the winning bidder for the purchase of the sale lot. The Buyer’s Premium may be GST inclusive or exclusive, and will be clearly marked which one in the Auction Listing Page, Item Details Page and Lot Page.
  2. Invoice Amount has the meaning given to it in clause 3.2 of the User Agreement for online auctions. For “Buy Now” sales it means the purchase price together with any other applicable charges, for example delivery charges.
  3. Item Details Page means the page that contains the special terms and conditions and attaching to a particular good for sale.
  4. Lot Description means the description of a product contained within the sale catalogue and identified by its individual lot number.
  5. Lot Detail means any information posted by us on the Site in relation to any item posted by us for sale on the Site.
  6. Lot Page means the page that contains the special terms attached to a particular good for sale by auction.
  7. Maximum Bid means the process by which you elect and submit a maximum bid amount and our online auction system will automatically incrementally increase your existing bid in the event that your existing bid is exceeded by another bidder up to your maximum bid amount.
  8. Privacy Statement means that statement contained in the Privacy & Security Section of the Site.
  9. ‘Bonus Time’ Period means the time between four minutes and one second and four minutes and fifty nine seconds (inclusive), being the period that the Site’s timing mechanism has entered the fifth minute. For example:
    1. where a bid is placed at 2:58:00 pm, assuming there are no further bids placed, the auction will close at 3:03:00 pm;
    2. where a bid is placed at 2:58:45 pm, assuming there are no further bids placed, the auction will close at 3:03:45 pm;
    3. where a bid is placed at 2:59:00 pm, assuming there are no further bids placed, the auction will close at 3:04:00 pm.
  10. Returns Policy means that policy contained in the Returns Policy section.
  11. Service means the Dominion Group online auction and “Buy Now” sale service governed by the User Agreement and any other conditions contained on the Site.
  12. “Buy Now” sale means a sale of anything located in the “Buy Now” section of the Site.
  13. “Buy Now” Price Amount means the price payable for an item sold by a “Buy Now” sale.
  14. Site means the Dominion Group Auctions Online website ‘Dominion Online’.
  15. User Agreement means these terms and conditions which you are deemed to have agreed to when you register for the Service.
  16. us/we means Dominion Group, incorporating Dominion Group (NSW) Pty Limited ABN 24 166 934 863 of Unit 3, 56 Glenwood Drive, Thornton, New South Wales 2322 and Dominion Group (VIC) Pty Ltd ACN: 097 571 821 of 191 Kensington Road, West Melbourne, Victoria 3003
  17. Winners Bid Amount means:
    1. the amount of the highest bid;
    2. where two or more bids are for the same price, the bid amount that is for the greater quantity of goods; or
    3. where two or more bids are for the same price and quantity, the bid that was placed first.
    4. On Dominion Online
  18. Winning Bidder means that bidder who has the highest bid at the conclusion of the online auction, allowing for any Bid Precedence rules on Dominion Online.