Terms and Conditions
Hardtofind Pty Limited (ABN 13 132 954 039) of Suite 2.27, 100 Collins Street, Alexandria NSW 2015 ("we", "us" and "our"), provides an online marketplace at URL hardtofind.com.au.
We offer products for purchase on behalf of various Sellers (including by taking orders and collecting payment) as the agent of the Seller, and not on our own behalf. If you place an order for a product on our eBay Store, you are placing that order with the Seller of the product, and not us.
No order shall be deemed to be accepted by the Seller until eBay issues an email confirmation of the order. Upon issue of such confirmation, a contract is formed between you and the Seller in the terms set out below.
(a) You agree to pay the purchase price specified on eBay at the time that you place your order, plus any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and insurance charges will be separately shown.
(b) If the goods are being delivered outside Australia, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency. The Seller is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.
(c) You must pay for the Product online by credit card or PayPal account. Your payment will be processed upon receipt of your order. A surcharge may apply for the use of certain credit cards.
2. Cancellation of orders
(a) The Seller may cancel an order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an order that it has accepted in such circumstances.
(c) Unforeseen supply problems or unexpected demand may occasionally result in a product being unavailable. If there is a delay in shipping your order the Hardtofind Customer Support team will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the product to you.
(d) You may also cancel an order if the Seller is in breach of these terms.
(a) The Seller will normally ship the product within 2 Business Days of Seller’s receipt of your order, unless otherwise noted in the product description. Any delivery times displayed on eBay are estimates only, based on the information provided to the Seller by its shipping company.
(b) The Seller will deliver the product to the place of delivery you specify when making your order. Title to and risk in the product will pass to you upon delivery of the product to this place of delivery.
4. Returns and refunds
You can return any item, for any reason, within 30 days of receipt, unless it is an item which cannot be returned (see below*)
If the item you wish to return is faulty, the Seller will require either photo proof of the faulty item or provide you with a stamped, self-addressed post pack in which to return it. You will then be given a full refund which will be transferred back to the original payment method, eg. your credit card (via PayPal) or PayPal account.
If you'd like to return an item for another reason, you will be given a refund to the same value once the item has been received by the appropriate Seller, and any shipping costs incurred will not be refunded. Please ensure you use a trackable or signed-for delivery service such as registered post, as your account will not be credited until the item has been received.
*Items that cannot be returned include: personalised products, made-to-order furniture, underwear, earrings for pierced ears and food items that have been opened. All items being returned must be dispatched/shipped by the original purchaser within 10 days of the return being approved, and must be in original condition and packaging and not affected by being used in an abnormal way, or reduced in value by delay on your part. If these requirements are not met, the Seller reserves the right to deny a return.
If for any reason a product you have ordered is not available or out of stock, you will receive a full refund.
5. Information provided by Sellers
Much of the information on our eBay Store is provided by our Sellers, including all of the information relating to the products that may be purchased from those Sellers. While we believe that our Sellers are reliable sources of this information, we do not warrant or represent that such information is accurate or complete.
6. Warranties and liability
(a) The Seller warrants that if any product fails to comply with the following promises within 30 days of your receipt of the product, you may return the product to the Seller for a full refund or store credit as described in section 4 above: (i) each product will comply in all material respects with any descriptions given on eBay; (ii) unless otherwise noted, where the product is an item of clothing, it will be new and not second-hand; and (iii) each product will be in saleable condition (subject to any defects described on eBay prior to purchase). In addition, if the Australian Consumer Law applies to the Seller’s sale of a product to you, the Seller provides you with notice of the following guarantee under the Australian Consumer Law: You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) All warranties, representations, statements, terms and conditions not expressly stated in these Terms and Conditions are excluded to the maximum extent permitted by law.
(c) Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited. The Australian Consumer Law contains guarantees which operate to protect the purchasers of goods and services in various circumstances.
(d) If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and the Seller is able to limit your remedy for a breach of such a Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option: (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller for all claims under or relating to these seller terms or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of: (i) AUD$100; and (ii) the amounts paid by you to the Seller as a result of the purchase of a Product. In calculating the Seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Seller under any Non-Excludable Provision.
(f) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include: (i) special, indirect, consequential, incidental or punitive damages; or (ii) damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(g) The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
(a) Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of that party.
(b) If any part of these seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(c) These seller terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
(d) These seller terms constitute the entire agreement between the Seller and you in relation to the products purchased and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Seller and you in relation to such products.
(e) Your purchase of the products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any product purchase, including by sending electronic notices.s
(f) The term “including” when used in these seller terms is not a term of limitation.