0 AUCTIONS | 27 REGISTERED USERS | 17 USERS ONLINE | Dec 11, 2018 11:16:43
Terms & Conditions

 

Terms and conditions
 

  1. TERMS AND CONDITIONS 

    Welcome to TC Auctions, Another New Zealand owned online trading community. These terms and conditions are intended to assist keep TC Auctions a safe place to trade. 

    1.1    Acceptance of terms and conditions: The terms and conditions are the terms on which TC Auctions Limited offers you access to the Services and the Website. By registering as a member of TC Auctions you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 

    1.2    Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by TC Auctions from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. 

    These terms and conditions were last updated 3 July 2010. 

    1.3    Terminology: In these terms and conditions, the following expressions have the meanings set out: 

    'item', 'items' means goods or property that may be bought or sold through the auction or classified process; 
    'member' means a registered member of TC Auctions; 
    'Services' means any one or more of the services offered by TC Auctions Limited from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that TC Auctions may offer; 
    'we', 'us' and 'our' are a reference to TC Auctions Limited; 
    'you' and 'your' are a reference to you; 
    'Website' means any TC Auctions website through which the services are offered; 
    'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified; 
    'seller' includes any person placing a listing. 

     
  2. SPECIFIC WARNINGS 

    2.1    The services: TC Auctions provides a venue to introduce members who want to buy and sell items. TC Auctions does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the services are being referred to as an auction, TC Auctions is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise). 

    2.2    At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that TC Auctions takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. TC Auctions gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including: 
    1. about ownership of any item;

       
    2. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;

       
    3. as to the accuracy or truth of listings;

       
    4. that any item will meet your requirements or expectations; or

       
    5. about the ability of members to complete a transaction, including credit card transactions.


    2.3    Disclaimer: You expressly understand and agree that: 

    1. your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, TC Auctions disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; 

       
    2. TC Auctions does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable; 

       
    3. no advice or information that is obtained by you from TC Auctions or anyone else shall create any warranty by TC Auctions that is not expressly stated in the terms and conditions; and 

       
    4. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute TC Auctions's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. 

       
    5. while TC Auctions may facilitate payment for some items, TC Auctions is in no way involved in the transaction itself, and responsibility for any refund rests with the seller. 

       
    6. while TC Auctions has systems in place to reduce the risk of fraud, TC Auctions is not responsible for protecting members from fraud. 


    2.4    Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of TC Auctions to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. TC Auctions's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 

    2.5    Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of TC Auctions's message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services. 

    2.6    Breach: Without limiting any other rights and remedies available to TC Auctions, TC Auctions may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where TC Auctions considers it appropriate. 

     
  3. BECOMING A MEMBER 

    3.1    Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand or Australia (other Countries are at TC Auctions Discression) and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract. 

    3.2    Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by TC Auctions to ensure it is kept current at all times. TC Auctions may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at TC Auctions's discretion, you may create a business membership in addition to your personal membership. 

    3.3    Termination of membership: TC Auctions reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, TC Auctions may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. 

    3.4    Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: 
    1. not to permit any other person to use your user name or membership; and 

       
    2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

    3.5    Emails and newsletters: TC Auctions will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other TC Auctions products and services to you. TC Auctions may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list. 

     
  4. GENERAL RULES 

    4.1    General 
    1. All listings, bids or communications made through TC Auctions shall be made in good faith. 

       
    2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. 

       
    3. You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose. 

       
    4. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the TC Auctions message boards. 

       
    5. Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds. 

       
    6. You must list auctions and classifieds in New Zealand dollars and include GST in the price (except when listing commercial property for lease, which excludes GST). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). 

       
    7. You must not complete a transaction outside of the TC Auctions process or otherwise seek to avoid TC Auctions's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in TC Auctions suspending or terminating your membership at the discretion of TC Auctions. 
      (I might come and kick your Arse LOL)
       
    8. Contracts for the sale of land must be in writing to be legally enforceable. 

       
    9. You must not use the Services or the Website to promote items for sale outside the Services. 

       
    10. You are responsible for any actions taken through your membership. TC Auctions memberships are not transferable and therefore can not be sold, leased, lent or traded.


    4.2    Your obligations as a seller 

    1. Sellers must be located in New Zealand or Australia. Sellers outside of these countries are not permitted to sell on TC Auctions (other Countries are at TC Auctions Discression). Australian sellers must accept payment into their own domestic New Zealand bank account as one of their available payment options. Sellers should not send items to an address that is outside New Zealand and Australia. 

       
    2. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. 

       
    3. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession (Drop Ship). You will not sell or offer services. In the case of automobiles that are offshore or in transit to New Zealand you must be a registered motor vehicle trader and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Any land listed for sale must be in New Zealand. 

       
    4. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that TC Auctions may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time. 

       
    5. To protect your images, You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings. 

       
    6. When you list an item for auction on TC Auctions, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason. 

       
    7. TC Auctions classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job. 

       
    8. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use TC Auctions listings to promote a business or website other than one for sale in your listing. 

       
    9. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes. 

       
    10. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. 

       
    11. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. 

       
    12. For classifieds, you may choose to sell to any buyer at your discretion. 

       
    13. You will only list adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category. 

       
    14. Listings are not pre-screened for content. TC Auctions reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. 

       
    15. You agree to your email address being supplied to the buyer when your auction closes. 

       
    16. You must promptly forward the listed item to the successful buyer on completion of the transaction. 

       
    17. You must not charge unreasonable amounts for shipping and packaging costs. 

       
    18. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of $3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year's imprisonment per publication. Therefore, when listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label. 

       
    19. The sale of firearms and ammunition remotely on TC Auctions is within the provisions of section 43A of the Arms Act 1983. It is an offence to sell by mail order a firearm or any ammunition for a firearm otherwise than pursuant to a written order signed by the purchaser and bearing an endorsement signed by a member of the Police stating that the member of Police has inspected the purchaser's firearms licence and is satisfied that the purchaser is a fit and proper person to purchase that firearm or ammunition. Sellers must sight the firearms licence of the buyer, or for remote sales must receive written confirmation signed by Police confirming the buyer holds a valid firearm's licence. Forms are available at any police station.

      You may only list "A" category firearms, in sporting configuration, as defined by the Arms Act 1983. You may not sell firearms that require additional license endorsements to purchase or large capacity magazines.

      You may only sell firearms that are already in New Zealand. Overseas members may not buy or sell firearms on the site. Only one firearm may be advertised per listing.

       
    20. If you are selling a motor vehicle on TC Auctions, you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest. 

      If you are selling a car online by auction, you must attach to the motor vehicle, in a prominent position, a Consumer Information Notice (CIN). In particular, you must state on the CIN any security interest registered over the motor vehicle. 

      If you sell six or more vehicles in a year, you are likely to be a motor vehicle trader and must be registered. Motor Vehicle Traders selling cars online by auction must attach a CIN to their listing (e.g. through a photo) and provide the CIN to the successful buyer. For more information visit the Motor Vehicle Traders Register website. 

       
    21. To help maintain quality listings, TC Auctions reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.


    4.3    Your obligations as a buyer 

    1. You must be located in New Zealand or Australia to buy on TC Auctions. People outside of these countries are (other Countries are at TC Auctions Discression and Use a NZ Bank acount)
       
    2. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable. 

       
    3. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. 

       
    4. You must make full and prompt payment for any item you buy. 

       
    5. You agree to your username and the amount of your bid being publicly shown on the TC Auctions Website. You also agree to your email address being supplied to the seller when you win an auction. 

       
    6. If your bid is successful and you do not pay for the item, you will receive a warning from TC Auctions if the seller complains about you. After 3 such complaints, TC Auctions may suspend or terminate your membership. 

       
    7. You must only access the Adult category if you are at least 18 years old. 

       
    8. You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction. 

       
    9. If you use the PayPal facility to pay by credit card, you agree to: 
      1. attempt to resolve the issue with the Seller first, and to inform TC Auctions and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank. 

         
      2. return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.


    4.4    Feedback 

    1. Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. TC Auctions reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. 

       
    2. You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction or retaliate to bad feedback. 

       
    3. You must not post feedback about yourself or include any contact details or personal information in your feedback. 

       
    4. Feedback is provided for the sole purpose of facilitating trading between members on the TC Auctions Website. You must not market or export any feedback to any venue other than the TC Auctions Website. Linking to your TC Auctions feedback from other buying and selling websites will be considered a breach of our terms and conditions.


     
  5. FEES AND ACCOUNTS 

    5.1    TC Auctions Listing Fees and Success Fees 
    1. TC Auctions charges fees for the use of the Website as a venue. 

       
    2. TC Auctions's current fees are $0.10 (this may change at the discression of TC Auctions. 

       
    3. Any non-commission listing fees are charged at the time of listing and are not refundable. TC Auctions may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. TC Auctions will only issue refunds in the form of credit to the TC Auctions account of the member. Cash refunds will not be issued. Credits on accounts with TC Auctions are not transferable between members. 

       
    4. TC Auctions reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. 

       
    5. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to TC Auctions account balances. 

       
    6. TC Auctions reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party. 

       
    7. Before listing an item, you should review TC Auctions's fees to ensure you are aware of the fees that you will incur. 

       
    8. You must pay the fees immediately upon demand by TC Auctions.


    5.2    TC Auctions Accounts 

    1. TC Auctions maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. TC Auctions accounts may not be used for the payment of items sold using the Services. 

       
    2. Any payment to your TC Auctions account of an amount less than $10 incurs a $2 handling fee that is payable to TC Auctions. 

       
    3. You must settle any negative account balance immediately. TC Auctions reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that TC Auctions incurs when collecting that debt. 

       
    4. If your membership is terminated TC Auctions will refund the balance of your credit account, less a $5 manual processing fee that is payable to TC Auctions. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of TC Auctions credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. 

       
    5. If you have not logged on to the Website for a period of 18 months, any unused balance on your account is forfeited to TC Auctions and your membership will be suspended.


     
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