SNOW EXCHANGE PTY LTD. (ABN 96 621 873 210)
Below are the terms and conditions of the use of SnowExchange.com.au. By using our site you have agreed to these Terms and Conditions. Please thoroughly read the conditions of the site before use.
These terms and conditions are to be followed by all users of the site unless specified by either the Terms and Conditions or stated specifically by us.
To use or list on this site you must first read and agree to all Terms and Conditions listed below and as a result are bound to follow the Terms and Conditions of that time. If you have an objection to any of the Terms and Conditions below, then please leave the site immediately.
- Responsibility of SNOW EXCHANGE PTY LTD
- SnowExchange provides a platform for the sale of Products related to the snow industry. By providing this service we facilitate the purchase and sale of goods between Buyers and Sellers. This extends to but is not limited to customer service, warranties, returns ,fulfillment of sale and product defects and quality in accordance with Australian and Victorian Law.
- The facilitation of this service does not make us responsible for the obligations and actions of those parties involved in the transaction and therefore SnowExchange makes no guarantee of the accuracy and quality of products listed on our site.
- In the case of a breach of the Terms and Conditions by the Seller, SnowExchange maintains the right to remove the account or listing without notice or a refund.
- SnowExchange endeavors to ensure that all information on this site is fair, appropriate, and legal as well as complies with our Terms and Conditions. We understand that issues will arise over things posted on our site that have not been properly screened by us. SnowExchange therefore takes no for the content featured on this site that is not specifically produced by us and posted. We will aim however to ensure that we do everything possible to stop these issues arising and screen all external posts.
- Responsibility of the Buyer
2.1 While SnowExchange takes care to ensure that all Listings on our site are correct, relevant and up to date. We do not ensure that all information is correct and thus maintain no liability as to listing accuracy. It is the responsibility of You the Buyer to ensure that all information is correct and therefore any purchase is done at your own risk.
2.2 We do not offer any guarantee of quality or require a refund for products in the case of a changed mind however we will work to the best of our ability to keep your shopping experience as good as possible.
2.3 Any returns or warranty issues are to be resolved with the seller and should be pre-discussed before a purchase is made. Proof of purchase must be presented and be returned in the same condition as purchased. SnowExchange is not responsible for issuing a refund and all responsibility falls on the parties involved. SnowExchange however works to insure that refunds are issued and therefore if an issue arises between the two parties we aim to facilitate a result in which both parties are happy.
2.4 If an issue arises during the purchase of a product from either a retail or individual seller it is your responsibility to result that the issue is resolved. SnowExchange will act in certain cases to insure that the issue is resolved however the ultimate responsibility is on the Buyer to ensure that the Seller is legitimate.
2.5 If you feel as if a Seller is purposely misleading or displaying wrong information on a listing as well as acting outside the guidelines of SnowExchange’s Terms and Conditions then we require that you inform us immediately for a review. SnowExchange is not required to act upon any issue raised however will main to insure the best possible experience for the buyer.
It is your responsibility to ensure that any details such as you username and password are kept secure and confidential and not disclosed to anyone of a third-party under any circumstances. Therefor any action that is made by your account is your responsibility and you accept all liability for any actions made and consequences issued in the case of a Terms and Conditions breach.
- Responsibility of the Seller.
3.1 It is the responsibility of the seller to ensure that all listings and actions are in accordance with the Terms and Conditions outlined by SnowExchange. Any breach of these Terms and Conditions may result in action being taken against the seller without required notice.
3.2 In the case that a breach of the Terms and Conditions does take place, any lack of response from SnowExchange does not grant permission to repeat the action.
3.3 All products listed online must be the legal property of the seller, therefore no stolen or rented products are to be sold. Any breach of this will result in the listing being immediately taken down without warning and may result in a removal of the account.
3.5 No Seller is entitled to claim loss or damages against SnowExchange for actions such as but not limited to, modifying, deleting or advertising of the sellers listing. By using this site the Seller allows SnowExchange the right to change or remove the Sellers listing if it does not comply with the Terms and Conditions of SnowExchange.
3.6 All listings must be appropriate to the specific item. The seller may not feature any information that is seen as inappropriate or false. As well as this all information must fit the requirements presented by SnowExchange to fit the other listings on the site. SnowExchange maintains the right to remove or change any material on an advertisement if we feel it does not match our Terms and Conditions.
3.7 Advertisements must only include information that is relevant to the sale of that particular product. Any text, photos or graphics that are not relevant will result in the listing being either amended by SnowExchange, taken down or result in a notice requiring change being sent to the seller involved. In cases where the issue is not resolved we maintain the right to remove the sellers account without warning.
3.8 All payments must be pre-paid with SnowExchange unless previously agreed upon or arranged with SnowExchange.
3.9 Any details featured such as phone numbers, email addresses and location must be correct and yours. SnowExchange may check these details to confirm information and act in cases of wrong information.
3.10 All products listed for sale must be in the possession of the seller. If a seller is found to be listing a product that they do not have at that specific time then the seller risks having the listing removed or their account taken down.
3.11 Any post containing illegal, prohibited or offensive comments risk having their account and post removed. In the case of illegal material being posted on our site the seller may be reported to the proper authorities by SnowExchange.
3.12 Sellers must not use SnowExchange to advertise anything outside of this site unless previously agreed upon or stated by SnowExchange and the seller. This includes featuring links to sellers websites in areas not permitted by SnowExchange.
3.13 Any payments made by a Seller to SnowExchange do not guarantee exclusive rights nor guaranteed placement of a particular area for the seller.
- Responsibility of Private Sellers
4.1 Private advertisements must be only advertised by private individuals and not retail stores. We may require evidence to prove is and to ensure that Private listings are not for the financial gain of a business. If you are a Retail entity and are found to be listing as a Private seller then your listing may be taken down without refund or notice.
4.2 Private listings are live for a period of 90 days. At the end of this period you have the option to renew the listing for 50% of the original price for another 90 days.
4.3 Private sellers have the option to increase the advertisement location in the product search back to the top by using a 30 day “Bump”. SnowExchange can not guarantee the location of the listing once a Bump has been purchased nor can SnowExchange provide the seller with a specific location for the advertisement.
4.4 Although we aim to ensure that all listings remain unaltered or changed, SnowExchange can not guarantee that any issues with the advertisements will not be changed.
4.5 SnowExchange can not guarantee the location of your listing and therefore can not guarantee the type or quality of the other listings on the page.
4.6 Private sellers are only permitted to sell a maximum of 20 items per year as to ensure that a seller is not a retail entity (this excludes vintage listings). If a seller needs to go over this amount they are able to contact SnowExchange in order to go past this limit if permitted.
- Responsibility of Retail Sellers
5.1 Retail Sellers must create an account with Snow Exchange in order to sell products on the site. Once an account is created, these Terms and Conditions apply to you as an agreement with us until terminated by either party giving the other party 30 days’ notice of intention to cancel a subscription or by us without notice where there has been a breach of these Terms and Conditions by you as a Retail Seller.
5.3 As a Retail Seller, you are responsible for Product fulfilment, service returns, refunds, customer service, dispute resolution in respect of sales of Products via the Site. SnowExchange takes no risk in
5.4 If you are a Retail Seller, you are not allowed to advertise as a Private Seller and should not claim to be a Private Seller.
5.5 Except within the Allocated Area, under no circumstances are Retail Sellers permitted to advertise anything other than that of the product In the listing. This includes business telephone number and email address, store discounts and or links to another website. Description and images are only permitted Failure to comply may result in your advertisement being removed from the Site and/or your Store Account being suspended or cancelled.
5.6 Any listing by a retailer must be specific and feature no broad statements or references to anything that isn’t specifically related to the listing. An example of this is “15% off all stock” or “half priced goggles with any helmet purchase”. Statements like those are not permitted on listings and there must only be details relating to the specific item or store contact details. Failure to comply may result in your service being suspended or cancelled.
5.7 All advertisements placed by Retail Sellers must be for products that are in stock and available for purchase. SnowExchange reserves the right to check any listing to ensure that the retailer has the item in stock. If the item is found to not be in stock then the Retailer may risk having their listing removed or account suspended without notice.
Retailers ending subsriptions.
5.8 Cancellations of subscriptions must be sent to us via email to email@example.com. We will notify you when your cancellation is accepted by us.
Fees and payment
All Fees listed on this site are exclusive of GST and therefore the cost will be added upon checkout and payment.
5.9 Listing prices may be the subject of change at any time without previous notice unless otherwise stated in the terms and conditions. SnowExchange will aim to ensure that all relevant parties are informed in the case of a change of prices however no guarantees can be made to ensuring that everyone is informed.
7.1 All transactions are processed in Australian dollars (AUD).
Each purchase a separate contract
7.3 Each purchase by a Buyer from a Seller via the Site creates a separate contract between the Buyer and the Seller.
Snow Exchange is not a party to do transactions between Users on the Site
7.4 Snow Exchange have no presence or contract between the buyer and the seller. We are only an aid to link buyers to sellers as an advertisement service for listings.
Relationship of parties
7.5 By using this Site you agree that there is no relationship intended or created by these Terms and Conditions other than the agreement to host your advertisement on the Site and you shall not take any action or make any representation that you have a relationship with Snow Exchange
7.6 If you access the Site outside of Australia, you do so at your own risk. The Site may be accessed by Users from Australia and from overseas and we make no representation that the Site complies with the laws and regulations of any country other than Australia.
Risk & Liability
7.7 Snow Exchange is not liable for any Loss suffered by a Buyer or Seller in respect of products advertised on the site.
7.9 Some information on the Site could be uploaded by Sellers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.
7.10 We attempt to provide continual availability of our site. However, it may not always be possible to access due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
Governing law and jurisdiction
7.11 When using this website you accept to follow all Terms and Conditions outlined and understand that it is the responsibility of you the Buyer and Seller to handle the risks presented and that you understand SnowExchange is not responsible for the transactions that you have on our site.
You may request adjustments to these Terms and Conditions
7.12 If you feel you have a problem with our Terms and Conditions, please feel free to email us at firstname.lastname@example.org. As as user you are within your right to request a change to a point or to ask for a specific exeption. These Terms and Conditions will continue to apply to you and your use of the Site, unless agreed otherwise in writing signed on behalf of Snow Exchange.
This site is the property of SNOW EXCHANGE PTY LTD is therefore protected by both Australian and international copyright laws and should reproduced, republished or copied by anyone other than Snow Exchange.