Terms & Conditions

Welcome to the MYBID.COM.AU terms & conditions.

This includes the terms and conditions that govern your use of our services at mybid.com.au.

Once you have registered and bid on an item you are agreeing to these Terms and Conditions.

We strongly recommend that, you read the following terms & conditions and you also read the information contained in the bidding & buying section below.

You can also refer to our frequently asked questions page or please contact us directly should you have any further questions.

Conditions of Sale

• By bidding on our auction(s) you are agreeing to our terms and conditions and buyer agreement below, please read prior to bidding.
• The successful high bidder must complete the sale transaction within 3 days from the end of the auction.
• All sales are GST exclusive.
• While all care is taken, any error in the item detail, is unintentional and we are not responsible.
• The auction end time is determined only by actual time remaining and is detailed for each item. This is described in hours, minutes and seconds remaining, your final bid is only valid once the time remaining is zero.
• We ask that all photographs should be used along with the lot description. It is your responsibility to carefully read both the description and the Lot Title prior to making a bid. Photographs should be used as a guide and the item Description provides you with the detailed information for that product.
• Any accessories in the photo that are not included in the description are not for auction.
• The item inclusions are outlined in the description including size and colour and the images are for illustration purposes depicting the "style" of the item.
• Item availability is subject to availability at time of auction whilst most goods are available immediately others may take up to four to eight weeks.
• Notwithstanding that a Winning Bidder may have been notified of their placement of the Winners Bid Amount, we may at our sole discretion choose to withdraw and not proceed with completion of the sale of the item in circumstances including (but not limited to) where:

  a) You have not been contacted directly by Mybid.com.au via email to confirm you are the winning bidder

  b) if the Winning Bidder fails to make payment of the final amount into a bank account nominated by us or by credit card within 3 working days of the Winning Bidder placing the Winning bid amount. If payment is not received goods will be resold.

  c) There is a technical malfunction with the website out of our control, please refer to the Processing and technical errors detailed below.

  d) We reserve the right to determine whether or not your conduct is consistent with the spirit and the letter of these terms and conditions and may, at our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with these terms and conditions

  e) We are unable to contact the Winning Bidder for any reason

• The Auction and vendor reserve the following rights (which may be exercised by mybid.com.au without giving any reason)
  • To not offer for sale any item described in the auction
  • To withdraw completely any item or items from auction
  • To refuse to accept the bidding of any person or persons;
  • To refuse a person or persons admission to, or delete them entirely from the auction site
  • To not disclose the reserve price of an item prior to the close of bidding or withdrawal of the item
  • The Auction may bid for the Vendor or for any prospective purchaser with or without disclosure and any such bid

    (a) need not be expressed to be effective; and

    (b) (if the highest bid to which a lot is knocked down) shall be sufficiently evidenced if recorded in the sale book.

• This auction is a reserve auction this means each item is subject to a reserve price as specified to the Auction site by the vendor which reserve price at the Auctions election may be applicable in respect of each item or items.
• A reserve price is the minimum price the item will sell for.
• The reserve price is not disclosed to the buyer, only whether the reserve has been met.
• If the reserve price is not met the item is not sold.
• The winning bidder must meet or exceed the reserve price and have the highest bid at the close of the auction.
• The bidder places bids as usual placing the minimum bid nominated or the highest bid the bidder is prepared to pay.
• Please watch the R icon in the bidding information to find out if the reserve price has been met. Until you see that the reserve price has been met, there have been no successful bids in the auction.
• Once the reserve has been met, the item will indicate the highest bidder (displaying their username) and sell to the highest bidder when the auction closes.

Payment

• We have a secure checkout system for your payments.
• You will receive a tax invoice via email within 24hrs after the close of the auction.
  If you do not hear from us, please contact us.
  There is no need to email us for payment details.
  Once your payment has been received we can arrange delivery.
• The successful highest bidder must complete the sale transaction within 3 days from the end of the auction
• This sale is GST Exclusive
• All credit card transactions will incur an administration surcharge of 3%
• Merchant service fees are those imposed by the merchants bank each time the merchant accepts a credit card payment. Merchant service fees are calculated as a percentage of the value of the goods and/or services purchased, and included in the cost of merchant service fees is the cost of interchange fees.
• We do not charge a buyers premium
• You can pay by direct bank deposit via internet banking or credit card over the phone
• If you live in Sydney and are picking goods up you can pay COD

Shipping and Delivery

• Please refer to shipping page for our table of costs.
• All goods are sent to a depot in your local city or regional area if available. We do not deliver to your door.
• You are responsible for arranging delivery from the depot to your door.
• Shipping rates are calculated per cubic meter and final cost depends on the total size of item or items won.
• Pick ups are available from inner Sydney, a pickup time must be arranged first - 1 day notice prior for all pick-up's is required otherwise goods will not be released. Pick-ups must be from 9.00am - 11.00am Monday to Thursday. There are no additional costs if you are picking up goods.
• Item will not be shipped until payment has been received in full.
• If you arrange your own freight we will not accept responsibility for goods once they have been collected.
• If a product is exchanged the shipping costs are the responsibility of the buyer so please choose carefully
• All shipping costs are non refundable
• Shipping costs are calculated on delivery to a depot in your major city

• Dispatch of goods is arranged through mybid.com.au Pty Ltd and freight/delivery is handled by a third party
• We have a preferred transport company that is experienced in shipping the types of products we sell (furniture) and are located in all major cities nationwide.
• You can arrange your own freight and delivery if preferred.
• The typical delivery window is noted below. Please note the estimation is based on business days from the day your order is paid for; Sydney - 7-14 days, Melb/Brisbane/ACT - 14-21 days, Adelaide/Perth/Tas - 21 -28 days. For any other remote regional area delivery can take up to 4-6 weeks from time of payment.
• Mybid.com.au is not directly liable for any loss, theft, or damage to any goods.
• If you wish to receive transit insurance we can arrange this for you and additional costs will apply.
• If problems do arise, please contact us, and we will do our best to resolve any issues.
• For any local Sydney deliveries we do not deliver in wet rainy conditions.
• Please note for any Sydney deliveries if you are in an apartment building delivery costs quoted includes delivery to the main entrance only. Goods will not be taken upstairs or inside lifts.
• Mybid.com.au is not responsible for any delays regarding deliveries. We will provide assistance in following up status of deliveries but we will not be held responsible for third party handling.

Returns & Refunds

• Warranty is not included with our products.
• All care and maintenance with all products is the responsibility of the buyer. The products are not pre-treated and some may require additional care ie: scotch guard for lounges or timber seals for outdoor tables. An exchange will not be granted if a product is not cared for.
• If a product is exchanged the shipping costs are the responsibility of the buyer so please choose carefully
• If the item arrives damaged and proof of damage is provided we will send a replacement and you are responsible for all shipping costs in returning and resending the item.
• No refunds offered if you have changed your mind about the goods or the colour is not your interpretation of the colour in the title or description. For example a "Green" Chinese reproduction antique is a different shade of green to the green you imagine.
• No exchange or refund if goods are damaged in any way. A refund will be granted once goods have been returned and inspected. All shipping costs are non refundable
• If you do require an item to be exchanged due to product fault or damage you must arrange return of goods to depot at your expense. This also applies for all Sydney purchases. No exchange or refund granted if goods are no longer in their original packaging or a packaging fee will apply. No exchange or return of goods will be accepted after 14 days.

Buyer Agreement

• By accepting this buyer agreement, you also agree to be bound by the buyer agreements and posted terms and conditions. We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. Continued use by you of the Service following any amendments to this agreement will constitute your acceptance of any amended terms & conditions to the Service.

Registration and Membership

• Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, please do not use our services.
• All registered users upon completing the user registration page have agreed to receive a sms text message if a mobile phone number has been provided. If you do not wish to receive a sms text message please reply stop to opt out and you will no not receive any future sms text messages.
• All registered users upon completing the user registration page have agreed or not agreed by ticking the appropriate box to receive future newsletters from mybid.com.au.
• All registered users upon completing the user registration page have agreed to receive a sms text message if a mobile phone number has been provided. If you do not wish to receive a sms text message please reply stop to opt out and you will no not receive any future sms text messages.

Bidding and Buying - Obligation as a winning bidder

• You are obligated to complete the transaction if you purchase an item and are the winning bidder of the item sold on the site. If you are the highest bidder at the end of an auction you are obligated to complete the transaction. By bidding on an item you agree to be bound by the conditions of sale included in the item's description. Bids are not retractable except in exceptional circumstances such as a clear typographical error is made.
• Remember, if you are the highest bidder when the auction closes, you are obliged to buy the item, so only bid for things you are sure you want this auction is a binding contract.
• If you are the winning bidder you are obliged to purchase the item you have bid and any additional charges such as GST and delivery that you may be obliged to pay.
• It is the buyers responsibility to read the item description and item title do not rely solely on the title summary or any photographs of the item for a complete description of an item. If you are unsure please email us a question to verify.
• Ensure you understand the delivery and payment terms.
• If you are the winning bidder you must pay the winners bid amount plus GST and any delivery charges if applicable within 3 days after the auction closes.
• Please refer to our payment page for payment methods.
• If you refuse to pay or fail to complete the purchase of an item when you are the Winning Bidder or abuse the service, or if you do not comply with the terms and conditions then we will, at our absolute discretion, be at liberty to:

  a) sue you for the winners bid amount

  b) resell the item without notice and claim the difference in cost between the winners bid amount and the new resale price

  c) charge you a cancellation fee of $200.00 or 20% of the total invoice amount whichever one is greater

  d)If the transaction is unresolved the matter will be handed over to a debt collection institution to recover the money owing on our behalf and an additional fee of $40.00 will apply

• We may also at our sole discretion choose to withdraw and not proceed with completion of the sale of the item in circumstances including (but not limited to) where;

  a) we are unable to contact the Winning Bidder for any reason

  b) the winning bidder fails to make payment of the invoice amount within 3 working days of the close of the auction

  c) there are insufficient funds on the credit card or the credit card payment is not processed due to incorrect information

Bid Retraction

• Mybid.com.au will retract a bid on behalf of the bidder prior to the auction closing. The request must be made in writing and will be confirmed via email once retracted. An email will also be sent to the next highest bidder confirming they are now the new highest bidder. If the new highest bidder is not outbidded prior to the auction closing they are the winning bidder.

Items Withdrawn from Sale

• mybid.com.au reserves the right to withdraw any item from sale without notice, should we determine that such action is necessary. In this event, we will not accept any liability or obligation to the Members.

Interference with site

• You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Site without the prior express written permission of mybid.com.au or the appropriate third party authorised to grant such permission.

Processing and Technical Errors

• In the event of errors in processing and/or site downtime or any other errors or delays caused to the site as a result of unforeseen technical difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we reserve the right to:

• decide (prior to, during or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion); and/or,
• decide (prior to, during or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion) and the extended auction can include the previous auctions bidding history
• decide (prior to, during or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion; and/or,
• retract any Winning Bidders emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,
• void that entire online auction transaction and open the auction again at the original start prices

Breach

• We may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: a) you breach this buyer agreement or the terms and conditions incorporate by reference; b) we are unable to verify or authenticate any information you provide to us;

Our Liability To You

• We are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by autobid or someone else claiming to be you. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
• We provide the Site and the Service without any warranty or condition with regard to the Site?s capacity express or implied except those warranties which are implied by law.
• We will not be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence and recklessness) arising out of or in connection with the delivery of the Service.
• We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Site may be interfered with by numerous factors outside of our control.
• You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Service may not be available or bids placed at online auctions may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility.
• We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
• We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice.

Privacy Statement

• Your personal information is never disclosed to anyone without your prior consent. You can change your information at any time by accessing uses data & editing your user account in edit data.
• After visiting www.mybid.com.au, we will not collect any information about you.
• If you decide to become a Member and complete your User Registration we will ask you to provide us certain information such as your name, address and your preferred method for us to contact you. Your information is never disclosed to anyone without your prior consent.

Consent

• Mybid.com.au will never willfully disclose personally identifiable information about our users to any third party without first receiving our users permission. We will make every reasonable effort to notify our users if we receive a request for the release of any information so that our users have the opportunity to pursue any legal rights they may have under the law. Under certain circumstances, a court order or law may prohibit us from notifying our Members of a request for such information. For example a case in which fraud and/or criminal activity is suspected.

Security

• We have well-defined employee and partner practices that protect the integrity of and access to our users personal information.
• Our users have access to their personal information and can modify the information at any time.
• Only users with a valid user name and Password have the ability to access and modify their account information.

Copyright

• This website is owned and operated by Mybid.com.au Pty Ltd
• All photographs, graphics, text, content and design layout on this website are fully protected by International copyright laws and may not be reproduced, copied, downloaded, transferred, or re-created in any way whatsoever without?prior consent of Mybid.com.au Pty Ltd. Any unauthorized use is strictly prohibited and offenders will be prosecuted accordingly.?
• The copyright to the photographs listed on this website is owned by the photographer who created the photogragraph. All of these photographs are fully protected by International copyright laws and watermarked for security purposes.

Arbitration

• Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

General

• This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof.