Terms and Conditions

Website Terms and Conditions – Selling Goods

What should the terms and conditions cover?

Generally, they should cover things such as:

Provide information about buying the goods (i.e. how to place an order, when does a contract to supply the goods arise);

Provide information about prices and payment for the goods and detail other things like detail how credit card information will be stored, and who will process credit card transactions (e.g. the owner of the website itself, or payments will be processed via Paypal or through a third party card processor like Stripe);

Provide a refund policy (i.e. detail when can goods be returned, and how to process the return of goods);

Include a shipping policy detailing how goods will be shipped;

A disclaimer of liability;

Information on how people can use your website, including behaviour which is unacceptable on the website (such as spam and posting offensive comments); and

How your website will manage personal information (this will be explored in greater depth in your privacy policy).

In relation to selling goods, your website must have extra provisions for when customers purchase things off of your website. The specifics of these provisions will depend on the type of business you have and the kind of goods or services that you are selling. Despite this, and as mentioned above standard terms and conditions for the sale of goods online will include things such as:

The payment method used to purchase goods or services;

The process, method and time of delivery; and

Your policies on refunds, returns and the exchange of goods (it is important that these are compliant with the consumer guarantees contained in the ACL).

What are the legal consequences of these terms and conditions?

In order to avoid any disputes with how your terms and conditions are set out, it is important that they are compliant with the ACL. Importantly, the terms and conditions should be set out clearly, and that they do not unfairly disadvantage the consumer. The terms and conditions should be drafted correctly and thoroughly. They should also set out the rights and obligations of both parties if a dispute ever arises, and how to go about resolving that dispute.

It’s smart to minimise your legal exposure as much as you can. So put in place your website terms and conditions and save yourself future headaches!

Website Terms and Conditions – Standard

Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions. If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services means selling products the Website means the website yoonba.com.au We / Us etc means Yoonba and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not take the place of professional advice.  

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions. You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations. You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website. We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Fee

No sale no charge, you only pay the commission fee which is 5% +40 cents for each transaction in 2021. 

Indemnification for loss or damage 

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.  

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:  info@yoonba.com.au

Trademarks

The trademarks and logos contained on this Website are trademarks of Yoonba.  Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites.  

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of ACL, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in ACL. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Copyright © 2021 Yoonba

www.yoonba.com.au

Yoonba
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