Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to our website. By continuing to browse and use this website you are agreeing to comply with and be bound by the following Terms and Conditions of Use (“Terms”), governing eumundionline.com.au’s relationship with you in relation to your use of this website.

DEFINITIONS
“Buyer” means anyone who is purchasing goods or services through this website
“Content” means any and all material, words, images including but not limited to any goods and services the Seller submits, advertises or places on the website
“Seller” means an individual or business who has been accepted as a Seller to sell their goods and services on the website
“Us”, “Our” and “We”, “Eumundi Trading” refers to Eumundi Trading Pty Ltd ABN 54 101 188 863 and its website eumundionline.com.au
“Website” means eumundionline.com.au
“You” and “your” refers to you as Buyer, Seller, site user, person using our website as relevant.


 

BUYER AGREEMENT
By using this website, you acknowledge that the Sellers on our site are third party advertisers and we do not have any connection with them beyond providing a venue for the Sellers to sell their goods and services. We are merely a passive conduit as third party facilitator for this advertising and sales service and do not have any association or affiliation beyond this.
Eumundi Trading does not make any representation as to the accuracy or suitability of any of the information contained in the advertisements or Listings and does not accept any responsibility or liability for the conduct or Content any advertisements or the offerings made by any Seller.
Whilst we take reasonable care to monitor our website, we do not undertake any liability or obligation with regard to the content and therefore, you use the website and services at your own risk. Eumundi Trading is not responsible for any loss, damage or issues you may have with any Seller and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services
Please note: You must be over the age of 18 years of age to purchase any restricted products or services.


 

SELLER AGREEMENT
Initial Set Up: There is no cost to become a Seller and advertise your goods and services on eumundionline.com.au once you have been approved as a Seller. Eumundi Trading has sole responsibility and discretion for the selection of approved Traders. Further subscription packages may be offered to you to increase your listing volume. All subscriptions must be reviewed every month. Due to the type of subscription services that may be offered, no refunds for any fees and charges are possible. This also includes refunds or credits for partial periods used.
Eumundi Trading can from time to time make changes to the fee structure.
Commission Fee:  10% commission on each sale at checkout is credited to the administrator of the website. Should the consumer choose the Consolidated Shipping method, you will be required to deliver items to Eumundi Square office for shipping and handling.  If you have any questions about how commissions work, or conciliated shipping work please ask.
To be eligible to list your products and services on our website, you agree to the following:

You warrant that:
* You have a business trading connection with the postcode of 4562 or at the discretion of Eumundi Trading.
* The information, material and Content you post on the website is genuine, true and accurate, reliable, up-to-date, lawful, not misleading and does not breach third party rights including but not limited to copyright or other intellectual property rights;
* Only items that are “In Stock” may be listed.
* You will keep your own information and Content updated and ensure any images or information you place in your Store on the website complies with applicable laws, codes and regulations.
* You will at all times abide by the Australian Consumer Law (ACL) requirements including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements.
* You also agree to ensure you adhere to good practice service standards for the supply of goods and services to customers in a timely and responsive manner. You will at all times abide by the terms and conditions that make up part of this website.

You acknowledge and agree:
* We are a facilitator only for the purposes of permitting businesses and individuals to post and sell their goods and services through our website but do not guarantee any sales or otherwise;
* Any products or services you sell through this website is done directly and is your contractual relationship with the Buyer that may find your goods and services by visiting our website. Any disputes, issues, dealings, complaints are to be dealt with directly with the Buyer and we are not to be involved. A No Quibble Satisfaction Guarantee is offered.
* Once confirmed payment notification has been received from PayPal, you will provide an invoice to the Buyer upon the shipping of goods and or services;
* You will ship all goods and or services within a period of 3 to 5 business days from receipt of confirmed payment notification;
* We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms, or for whatever reason;
* By using this website, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website and necessary for any advertising purposes;
* You will at all times ensure your information and any advertising, including availability of goods and services is up-to-date at all times, out of stock items must not be displayed;
* You will only use high quality photographs of a professional level with seamless background where applicable, in-situ photography of high quality may also be permitted;
* You will keep your password confidential and not disclose it or other security information about Eumundi Trading or the website to any other person at any time;
* You must honour all orders and sales once checkout on any goods or services has been completed;
* You will not add contact information or website links in your listings unless written authorisation has been granted by Eumundi Trading.
* You also agree you will not offer deals or special offers to any Buyer outside of this website at any time. Any breach of this fundamental term will result in instant removal from eumundionline.com.au and we will take full action permissible under the law;
* We may remove your listings and access to our website at any time in our sole discretion at anytime for any reasons including but not limited to any breach of these terms, breach of the law, numerous complaints from Buyers, not acting in good faith or any other such issue, or for any reason;
* You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your advertisement, business activity or sale of your products or services on our website;
* To undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any content placed by you on eumundionline.com.au;
* You will take over and indemnify us for any claims or other legal action that a Buyer or any third party may take against us as a direct or indirect result of your action, inaction, Contents or listings. Your liability to us, any Buyer or third party who has accessed your Content through our website for any of your advertisements, Content including but not limited to your goods and services, survives any termination or cancellation of this agreement;
* No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions, and you do not have any authority of any kind to bind us in any respect whatsoever; and
* Termination: you and we can terminate this agreement at any time by notification in writing or email. Please note we are not responsible for any lost files, images or other Content once you or we have terminated this agreement.


 

GENERAL TERMS

AMENDMENT OF TERMS AND WEBSITE CONTENT
We reserve the right to change, modify, add or remove portions of these terms, any content or appearance of the website at any time without notice. Please check these terms regularly prior to using our website to ensure you are aware of any changes. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Eumundi Trading’s rights and obligations to each other.

USE OF WEBSITE AND SERVICES
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.
You agree you will not knowingly transmit any viruses, malicious software, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Eumundi Trading is not legally responsible for any direct, indirect, consequential or incidental loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our information, any goods or services we or the Sellers may offer or from any other use of the website. Your use of any information, materials or services on or through this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

REFUNDS AND RETURNS
All care will be taken by the Seller to have your purchase delivered to you in a safe and timely manner. For any refunds or returns, please refer to the Sellers invoice received with the goods and or services and address all refunds and returns though the Seller directly at first instance. If you feel you are entitled to a refund or some compensation go to the Seller direct and hopefully it can be solved amicably.
If you are not satisfied with the outcome of your purchase made through PayPal, they have their own refund mechanism. Go to their website www.paypal.com.au and follow their Buyer Protection instructions.
If you are unable to resolve your issue with the individual Seller please let us know so we can determine if we can further assist you.


 

SHIPPING POLICY
This website offers a variety of shipping methods and are outlined as follows:

* Free Pick Up: offered by Eumundi Trading and allows you to purchase items from multiple Sellers and pick up from a central location at 1-7 Napier Road, Eumundi.
* Consolidated Weight Based Freight is offered by Eumundi Trading and can be selected at the checkout. This methods allows you the purchase items from multiple traders and combine shipping from a central location.
* Seller Direct: This method allows you the purchase items from multiple Sellers and each Seller will charge freight at their cost. If you purchase multi items, you may have multiple freight charges.


 

YOUR PRIVACY
At Eumundi Trading, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Eumundi Trading respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles.

DISCLOSURE OF YOUR INFORMATION
Eumundi Trading may be required, in certain circumstances, to disclose information in good faith and where Eumundi Trading is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our Buyer or Trader agreements; or to protect the rights, property or safety of Eumundi Trading, its Buyers and Traders or third parties.


 

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Eumundi Trading. Any redistribution or reproduction of part or all of the contents in any form is prohibited.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Traders.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Eumundi Trading expressly reserves all copyright and trademark in our website and in all documents and information on our website and reserves the right to take action against you if you breach any of these terms.


 

WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Eumundi Trading concerning your use and access to Eumundi Trading’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.


 

EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.


 

JURISDICTION
This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Eumundi Trading that results in litigation then you must submit to the jurisdiction of the courts of Queensland.