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TERMS & CONDITIONS

Terms Of Use

This eBay store is operated by GAZMAN Pty Ltd (ABN 56 789 496 568. In these Terms of Use and Security and Privacy Statement “Terms”), the expressions “we”, “us” and “our” refers to GAZMAN Pty Ltd and “’you” or “your” means our eBay store customer or visitor.

Acknowledgement & Acceptance

Your use of our eBay store, and any services provided through it (“Services”), are subject to these Terms and all applicable Australian laws. By accessing and interacting with our eBay store or using the Services, you accept these Terms. If you do not agree, you must refrain from accessing and browsing our eBay store or using any of the Services. Without limiting our other rights and remedies we may refuse to supply any product or Service, and we may deny access to our eBay store, to anyone who breaches these Terms.

All rights not expressly granted to you in these Terms are reserved.

We may amend these Terms at any time without notice to you, and it is your responsibility to monitor this website for changes. Amendments will come into effect from the date they are published on this website. The updated version of these Terms will supersede all prior versions. You can view the most current version of these Terms at any time by visiting this page.

Pricing

All prices within GAZMAN’s eBay store are in Australian dollars (AUD$) and are inclusive of goods and services tax (10% sales tax). In all other respects the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services. All prices are correct at time of publication; however we reserve the right to alter prices for any reason. If there is a pricing error in any of the goods you have ordered we will notify you as soon as possible. You will have the option to proceed with your Order at the correct price or cancel your Order. The Order will be automatically cancelled if we are unable to contact you. If you cancel your Order and you have already paid for the goods, we will provide you with a full refund.

Not all items or promotions are available through GAZMAN’s eBay store. All offers and items are subject to availability at the advertised price.

We reserve the right to withdraw any product from sale without notice, for any reason. However for various reasons, that product might still appear on our eBay store for a period of time after that withdrawal. We make no undertaking that a product shown on our eBay store will be available for purchase online at all stores or at a specific store.

Payment Processing

When an order is submitted the payment will be processed through PayPal. All items on your order will prepared for despatch to your nominated shipping address. If GAZMAN cannot supply the items requested we will then process a refund to the value of the non-supplied items. An email confirmation of the refund will be sent to your email address supplied on the initiating order.

The card issuer controls the timing of returned funds. Please contact your card issuer for details.

Disclaimers

We will endeavour to ensure that information provided through our eBay store is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on our eBay store or that it is up to date. For example (but without limitation):

Prices and colours of products may change, and all products are subject to availability;

Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);

Despite every effort to accurately duplicate each product's colours on our eBay store, they are intended as a guide only and actual colours may vary. The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor's display of any image will accurately reflect the colour of the product on delivery;

Description of products are summaries only (with further information available on request to us); and

Due to technical or human error, information may be recorded incorrectly or omitted.

We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on our eBay store.

We do not warrant that access to our eBay store will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of our eBay store. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our eBay store.

You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or our eBay store.

We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

Liability

To the fully extent permitted by law, GAZMAN excludes all warranties, whether express or implied, including any warranties or representations concerning availability of our eBay store, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the eBay store and the goods and services advertised or accessible on the eBay store.

Third Party Websites

We are not responsible for any information that does not originate directly from us, for any links we provide to third party sites (“Third Party Websites”), or for information or goods or services at or accessible from those Third Party Websites. This includes the content of third-party advertisements appearing on our eBay store and links to Third Party Websites. These are provided for convenience only and may not remain current or maintained. The appearance of advertisements for third parties or links to Third Party Websites on our eBay store is not to be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of those Third Party Websites, or of any information, goods or services referred to or offered on those sites or otherwise posted on our eBay store. Responsibility for any of that content rests solely with those third parties.

No links may be made to our eBay store without our prior written consent.

Prohibitions

You must not:

Use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to our eBay store or any network or system underlying or connected to it for any purpose, or act in any other way that compromises our eBay store, the delivery of the Services, or any network or system underlying or connected to them;

Use our eBay store or any information or other material from our eBay store, for any commercial purpose;

Remove any copyright, trade mark or any other intellectual property notice from any material accessible on our eBay store; or

Copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in our eBay store (except as expressly permitted in these Terms).

Intellectual Property Rights

GAZMAN owns all intellectual property rights, including copyright and patents, in and to our eBay store and the products and information displayed in it (including text, images, graphics, logos, layout, look-and-feel, animations, software, trademarks, trade names and other material underlying and forming part of our eBay store and/or the Services. You must not copy, modify or transmit any part of our eBay store.

Our eBay store may contain trademarks, logos, service names and trade names of GAZMAN or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the eBay store.

Termination Or Suspension

We may at any time and without notice:

Have the right to cancel and refund an order;

Change the format and content of our eBay store and/or any Services;

Stop providing, suspend or restrict your access to our eBay store or any Service if you do not comply with any obligation you have to us (whether under these Terms or otherwise); or

Stop providing or suspend the operation of our eBay store and/or the Services (in whole or in part).

No such action will affect any of our rights or your responsibilities under these Terms or otherwise, including any disclaimer.

Privacy Policy

We understand that as a visitor to our eBay store, you may be concerned about your privacy and about any information that we gain about you online. We are committed to protecting your privacy and to complying with the Privacy Act 1988 (Australia).

Please refer to eBay’s privacy policy for further information.

General

Each term of these Terms is separately binding. If for any reason any term is not effective or binding all other terms remain effective and binding.

If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.

These Terms (and the provision of products and services by us) are governed by and to be interpreted solely in accordance with Australian law. In the event of any dispute arising in relation to these Terms or their subject matter, the Australian courts will have non-exclusive jurisdiction over such dispute.

Indemnity

You agree to fully indemnify GAZMAN, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

  1. any breach of these Terms by you;
  2. your access or use of our eBay store; or
  3. your communications with GAZMAN.

Jurisdiction and Law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

Entire Agreement

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and GAZMAN. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of GAZMAN.

Contact Details

If you have any queries about shopping with GAZMAN on eBay send us a message.