1.1. Welcome to Slattery Auctions (the “Site”). Any person who wants to access the Site to search, buy, or bid for goods or to use the other services we provide (collectively, the “Services”) must accept the terms and conditions of this User’s Agreement without change.
1.2. In using this Site, you agree to all the terms and conditions of this User’s Agreement. We strongly advise that you read this User’s Agreement carefully.
1.3. This agreement sets outs your rights and obligations and our rights and obligations. Should you breach any of the obligations you owe, we may terminate your registration with us, and/or claim an award of damages against you.
1.4. Slattery Auctions may amend this User’s Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective twenty-one (21) days after they are initially posted on the Slattery Auctions site. If you continue to use this Site and the User’s Agreement is amended you are taken to have accepted the terms of the amended Agreement.
1.5. All prices listed are in Australian dollars.
1.6. All items listed will state whether the purchase price is inclusive or exclusive of Goods and Services Tax (GST). If it is GST excluded, the GST amount will be added to the total amount payable.
1.7. Some items may display the manufacturer’s original retail price (ORP). This is not the recommended retail price (RRP) but is the price the item was originally sold for. In relation to both the ORP and the RRP, Slattery Auctions takes no responsibility for the accuracy of the amounts listed.
1.8. 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 us 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.
1.9. If we are informed that any of the content of our Site is in contravention of any laws we reserve the right to remove that content.
2.1. Use of the Services is limited to parties who can lawfully enter into and form contracts under Australian law.
2.2. To register, you must provide your real name, address, phone number and email address.
2.3. Slattery Auctions reserves the right to refuse Services to anyone for violation of this Users Agreement.
2.4. You will only be eligible to bid on items for auction if you provide credit card details. By providing us such details we are able to process the transactions you make on our Site.
3.1. In order to place a bid or purchase any products from Slattery Auctions you must register to bid through our online Registration Form.
3.2. Your account is identified by your chosen username and you are the only party authorised to use your User Name.
3.3. Upon registration you must ensure that all personal details you have provided to us are accurate, will not mislead and will not infringe any laws.
3.4. In relation to the personal information that you provide, the secure areas (anywhere personal information is sought) of the site are protected by a minimum of 128bit SSL encryption. Whilst Slattery Auctions 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 (eg http(s)://www.slattery….) or a yellow lock in the bottom of the browser prior to entering personal information.
3.5. Upon registering a $1 preauthorisation will be processed against your account. This amount will be deleted within 7 working days and will not be completed. If the $1 preauthorisation is returned to us as declined your registration will be refused.
3.6. We will email you various notifications relating to the purchase of your goods, delivery of goods and promotional material. We accept no responsibility should you not receive these emails.
3.7. Should you wish to cancel your registration with Slattery Auctions you can do so by contacting us at firstname.lastname@example.org. We will not allow you to cancel your registration if you are currently the highest bidder on an item for auction or have outstanding monies owed to Slattery Auctions.
4.1. Slattery Auctions grants a limited license to each registered user to make personal use only of the Site.
4.2. This license expressly excludes, without limitation, any resale or commercial use of the site; making any derivative of the Site, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction.
5. Governing Law
5.1. This Agreement is governed by the laws of Australia.
6. Compliance with laws
6.1 As a member of the Slattery Auctions Site you are obligated to abide by all applicable laws, statutes and regulations regarding the use of our services, including those in relation to bidding and purchasing items.
7.1. Each auction will have a set commencement and conclusion time, as well as a minimum starting price.
7.2. The auction times will be in Australian Eastern Standard Time or Australian Eastern Daylight Savings Time.
7.3. Upon the conclusion of the auction, if you hold the highest bidding price you will be notified by email.
7.4. If there are any technological or processing problems during an auction, Slattery Auctions may decide to close the auction and re-open the auction at a later time or extend the conclusion time for the auction. We will not be responsible for any bids which are not processed due to a technical error.
7.5. Slattery Auctions may also close the auction early if any false or misleading bidding is suspected.
7.6. The auction will close at the end of the specified time if there are no successful bids during the 5 minutes preceding the end of the time specified. If there are any successful bids within the 5 minutes (‘bonus time period’), the auction will be extended until there are no more with the Bonus Time period.
8.1. Bidding can occur via AutoBid or by placing an ordinary bid.
8.2. Bidding on an item indicates your intention to purchase that item and is considered a legally binding contract between yourself and Slattery Auctions.
8.3. Before placing a bid you must read all details and descriptions of the product. However, Slattery Auctions advises that this is a guide only and any photographs depicted cannot be solely relied upon for the quality of the item.
8.4. Bidding is to be made on a per-item basis and may only be increased by the amount posted as the bid increment.
8.5. Bids cannot be cancelled once they are submitted. If using an Autobid, you must ensure that you have taken all reasonable care to ensure that it is set correctly, as once it is in place, it cannot be removed.
8.6. Upon receiving notification that you are the winning bidder you are obligated to purchase the item. You should thoroughly read the delivery/collection information.
8.7. You must not place a false bid aimed to mislead.
9. Purchasing of items
9.1. If you are the highest bidder you must pay the total amount for the item you have purchased.
9.2 In the event that the total amount for the item is less than and including $5,000.00, you irrevocably consent to and authorise us to automatically and electronically deduct the total amount from your nominated credit card.
9.3 You are also obliged to pay any additional fees which may be included in your purchase, such as taxes, delivery fees, insurance costs and credit card surcharges. This can be paid by credit card, or for transactions greater than $5000.00 by direct deposit or bank cheque.
9.4. Should your payment be declined or not be processed within 7 days of the conclusion of the sale; or you do not deposit the monies into our nominated account within two (2) business days of the completion of sale; we reserve the right to withdraw the contract for sale and refuse delivery of the goods.
9.5. Should your credit card not allow the total amount to be deducted in one transaction, we have the right to make multiple deductions until the total amount is paid.
9.6. If your account remains unpaid after the specified due date we may charge you a 1% of the gross hammer price (excluding GST) per day late payment charge.
9.7. Should you fail to pay for an item in which you were the highest bidder or do not comply with any of the conditions within this User’s Agreement we have the right to sue you for monies owing; resell the item; or charge you a cancellation fee of the greater of $250 or 20% of the purchase price.
9.8. In relation to “Buy it Now” sales, you consent to us withdrawing from your credit card, the total amount payable with regards to the sale.
10. Delivery and collection of purchased items
10.1. If the item you have purchased is to be collected by you, collection times for the item will be listed on the item page. Should you fail to collect the item within fourteen (14) days after the sale has concluded we reserve the right to charge you storage fees.
10.2. All items that are to be inspected or collected are collected or inspected at your own risk.
10.3. An item can be re-listed for sale or destroyed if it is not collected by the purchaser within twenty-one (21) days of the sale date.
10.4. Goods can only be delivered to your registered postal address and this address cannot be changed after the conclusion of the sale. In such circumstances, Slattery Auctions accepts no responsibility for undelivered or misplaced items.
10.5. You cannot contact our courier service to arrange for a different delivery address.
10.6. Upon delivery of the goods, a signature will act as a receipt of the items. However, title of the goods will not pass until the total invoice amount is received.
10.7. The risk in the item you have purchased will pass to you upon the delivery of the item; or in such a case where the item cannot be delivered, the time when the item was first attempted to be delivered.
11. Refund and returns policy
11.1. Slattery Auctions will not provide any refund for change of mind or where you have inspected the item prior to purchase.
11.2. As well as your rights under the relevant consumer protection legislation, items will only be able to be returned and refunded if they were delivered by us, and if they have been incorrectly described or they have been damaged (and this was not listed in the description of the goods).
11.3. You must contact Slattery Auctions by email (email@example.com) within three (3) days of the purchase of the goods should you wish to return the goods and obtain a refund.
11.4. Returned goods will only be accepted if they are unused and in original packaging.
11.5. Once the goods are returned, they will be inspected and tested within ten (10) business days. If the item is in good order it will be returned to you, and you will be responsible for all courier fees applicable. Should the item not be in good working order, we will arrange for a refund or replacement of goods within twenty-one (21) days.
12. Your responsibilities
12.1. You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services.
12.2. You are responsible for all uses of your account, whether or not actually or expressly authorised by you.
12.3. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at firstname.lastname@example.org.
12.4. You are responsible for ensuring that you do not interfere with the management of this Site.
12.5. Should you use a false name, stolen or forged credit card we will refer such information to the police and we may sue you for any losses suffered as a result of such occurrence.
13. Our rights and responsibilities
13.1. We reserve the right to suspend your registration with Slattery Auctions and use of our Services should you fail to pay for an item, give information which is false or misleading or breach any terms of this User’s Agreement.
13.2. Upon suspension of your registration you may no longer register with Slattery Auctions.
13.3. Slattery Auctions have the right to remove a listed item should the item become damaged or a mistake has been made in the pricing, description or ownership of the item.
13.4. We are responsible for ensuring products listed for auction on our Site are accurately described and available; and ensuring that upon sale of the goods that the title of those goods is immediately passed to the purchaser.
13.5. The Slattery Auctions site is provided without any warranty as to its capacity.
14. Limitation of liability
14.1. You will not hold Slattery Auctions responsible for any loss you may incur due to us enforcing any of our policies.
14.2. You accept sole responsibility for the legality of your actions under laws applying to you.
14.3. We cannot guarantee the continuous or secure access to our site, we use all reasonable methods to maintain an uninterrupted service but offer no guarantee or promises.
14.4. Nothing in this agreement shall limit or exclude our liability for fraudulent, misrepresentation, for death or personal injury resulting from our negligence or the negligence of our employees or for any of the liability that cannot be limited or excluded by law.
14.5. Buyers and sellers must understand and follow all laws and regulations.
14.6. Slattery Auctions is not liable for the enforcement of manufacturer’s warranty on a product (where applicable).
15.1. Except as specified herein, the services on this website are provided solely on an “as is” basis.
15.2. Slattery Auctions hereby disclaims all express or implied representations, warranties, guarantees, and conditions, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid in Australia.
15.3. You assume all responsibility for determining whether the products/services are sufficient for your purposes.
15.4. Slattery Auctions does not make any representations, warranties, guaranties, or conditions as to the quality, suitability, accuracy, or completeness of any of the products/services contained on the website.
16. Intellectual Property
16.1. All materials provided on this Site, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of Slattery Auctions and/or its Third Party Providers.
16.2. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Slattery Auctions or the appropriate Third Party Provider.
16.3. You may not “mirror” any materials contained on this Website on any other server or site without Slattery Auctions’ prior written consent. In order to register on this site you must provide your true name and a valid email address.
17.1. Slattery Auctions is committed to protecting the privacy of your personal information. Our Privacy Statement can be viewed on our Site.
17.2. We may change the Privacy Statement in the future.
17.3. You should check the Privacy Statement frequently for any changes we may have made.
17.4. By agreeing to this User’s Agreement you consent to us using your personal information as specified in the Privacy Statement.
‘Autobid’ is a process whereby maximum bids can be set and bid increments increased automatically where another bidder outbids you (until your maximum bid is reached).
‘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.
‘Buy Now Sale’ means anything listed in the Buy Now section of the Site.
‘Product Information’ means any details or descriptions of products that relate to a particular product.
‘Service’ means the Slattery Auctions online auction and “Buy Now” Sale service.
‘Site’ means the Slattery Auctions website (https://www.slatteryauctions.com.au/).
‘Us/we’ means Slattery Auctions, a division of Slattery Auctions Australia Pty Limited ABN 17 091 324 480 of 230 Old Maitland Road HEXHAM NSW 2322 or Slattery Auctions Victoria Pty Ltd ABN: 36 133 516 202 of 6-8 Waterview Close, DANDENONG SOUTH, VIC 3175 – Refer to the ‘auction profile’ for details of the site managing the auction.