Last reviewed: November 2020
Buying2u provides intermediation services for purchases made abroad, executing the work of selecting interesting products. Customers can purchase products and vouchers from sellers and not from Buying2u. In this transaction, Buying2u simply acts as a limited agent for the Seller and the User, for the following purposes only:
- Facilitating the purchase of a Product or Voucher by a User.
- Collecting payment from the user and then remitting the payment to the Seller (less any fees charged to the Seller by Buying2u).
- Providing the Support Services (as described below) in respect of issues arising between a User and a Seller, in relation to the supply of Products and Vouchers.
You represent and warrant to us that:
- You are at least 18 years of age;
- You possess the legal right and ability to enter into a legally binding agreement with Buying2u and/or a Seller with respect to any Product or Voucher purchased on the Site;
- You will use the Site in accordance with this Agreement;
A copy of the Seller Terms will be posted on the relevant listing page for each product or voucher you purchase or on the relevant Seller profile page;
The Seller Terms will also incorporate any terms, which are implied by law in relation to the supply of products or vouchers (but only to the extent that such implied terms are not expressly and lawfully excluded by the Seller).
Buying2u is not a party to the Seller Terms, and its only obligations in relation to that agreement are as set out in this Agreement. Buying2u is not responsible for the user’s or Seller’s performance of their obligations under the Seller Terms. Buying2u may, however, exercise any of the Seller’s rights arising under the Seller Terms for the benefit of Buying2u and/or the relevant Seller.
You agree to release and forever discharge Buying2u from any and all claims, actions, demands or proceedings, which you may make, institute or claim, in relation to:
- The Seller Terms, and all matters relating to the Seller Terms;
- Any Products or Vouchers supplied to you under the Seller Terms; and
- the performance of the Seller Terms, or failure to perform any obligation under the Seller Terms, by the Seller.
- By purchasing a Product or Voucher via the Site, you agree that you are bound by the terms of the Seller Terms.
In order for Users to be able to access the Products and Vouchers offered by Sellers on the Site, Users must register by completing their registration details in the manner described on the Site and open a User account on the Site (“Account”). You will be responsible for all usage of your Account and the use of your Account by others (including minors) or any unauthorised use. You must immediately advise us if you become aware of unauthorised use. Your username and password for your Account are non-transferrable and must be kept confidential. You must ensure that your registration details are true and accurate at all times.
You agree that Buying2u may suspend, terminate and/or close your Account at any time, and for any reason in Buying2u’s sole and absolute discretion. Upon terminating and/or closing your Account, or during any period of suspension, you will not be permitted to use any features or functionality of the Site which is reserved for registered users.
LICENCE AND RESTRICTIONS ON USE
Buying2u grants you a limited, non-exclusive, non-transferable, revocable, royalty-free licence to use the Site in accordance with this Agreement and subject to the following restrictions.
- Users agree to use the Site solely for their own personal use. Further, Users agree not to:
- Interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the availability of its resources to other Users;
- Use the Site for any illegal purpose or in any manner that is inconsistent with this Agreement;
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from the Site; or
- Supply any content that: (i) would cause you or Buying2u to breach any law, regulation, rule, code or legal obligations, (ii) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or (iii) that could infringe any person’s rights, including their intellectual property rights.
EMAIL & SMS POLICY
You confirm that by using the Site, you agree to receive e-mails and/or SMS messages from Buying2u and the relevant Seller in relation to your purchase, return of or other dealings in relation to Products or Vouchers, and for receiving information on offers (including via the Buying2u newsletter). You may however opt out of the Buying2u newsletter or SMS at any time via the unsubscribe functionality contained therein.
LINKS TO THIRD PARTY WEBSITES
Information about the Products and Vouchers on the Site are based on material distributed by suppliers, product manufacturers and/or the Sellers. You agree that except as required by law, Buying2u cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Buying2u or a change in Product or Voucher specifications without notice to Buying2u. The foregoing in no way limits any rights you may have under the Australian Consumer Law.
To make their own enquiries to assess the information provided and suitability of the Products and Vouchers before an order is placed; and that product images on the Site are for illustration purposes only and the actual Products may vary.
All Products offered on the Site are supplied subject to this Agreement and the relevant Seller Terms. To the extent there is any inconsistency between this Agreement and each of the Seller Terms, the agreements will be read in the following order of priority (i) this Agreement; and (ii) the Seller Terms. You agree that by purchasing a Product, that you will be bound by the Seller Terms for that product, as described in this clause.
BUYING2U RESERVES THE RIGHT TO:
Suspend or remove any product offer or other information from the Site at any time; and
advise Users that Products for which an order was made have become unavailable.
ORDERING AND DELIVERY
By ordering Products or Vouchers via the Site, you, the user, agree to purchase the Products and/or Vouchers you have selected:
For the purchase price and all other applicable fees and charges as displayed on the Site or as notified to you by a Seller in accordance with clause; and in accordance with this Agreement and the Seller Terms.
You may place an order via the purchase functionality contained in the Site and may pay for your Products and Vouchers (as ordered) via the payment processing functionality offered by the Site, and using the methods of payment designated by the Site from time to time (which may include, without limitation, credit card, debit card or PayPal).
When an order is placed for products or vouchers, we will send the order to the seller for confirmation, at which time they may accept or reject your order. Where a seller rejects your order, we will refund you the purchase price for the order and associated delivery charges. Where a Seller accepts your order, you will receive confirmation that your order has been accepted by the Seller via e-mail.
Note: When a Product or Voucher is purchased via the Site, the User and the Seller will at that time form a legally binding agreement between each other on the terms of sale of the relevant Seller from whom you, as a User, purchased the Product/Voucher ( “Seller Terms”). In circumstances where you purchase Products or Vouchers from more than one Seller, you will form a legally binding agreement with each Seller in relation to the relevant Product or Voucher. Each such agreement is mutually exclusive. These agreements will be formed when you confirm your purchase of the relevant Products or Vouchers in your shopping cart.
The price of Products and Vouchers on the Site are as set by the individual Sellers and not Buying2u. Prices may change at any time, with or without notice. Except as provided in clause 11, all prices include GST but do not include delivery costs which, if applicable, will be additional.
Your order will not be processed until payment is received by Buying2u in full for the Products and/or Vouchers you have ordered (including the purchase price, delivery fees, and any other applicable fees and charges). Once received, you agree that the payment will then become the property of Buying2u. We will then remit an amount equal to the payment to the relevant Seller (or Sellers), less any applicable fees and charges of Buying2u, as charged to the Sellers.
Once you have placed an order for Products and/or Vouchers, you cannot cancel or change your order, unless: (i) Buying2u is required by law, or by agreements with its payment providers (such as PayPal) to permit such cancellation or change; or (ii) a provision of this Agreement expressly permits such cancellation or change; or (iii) the Seller Terms permits such cancellation or change. You agree, however, that the Seller may cancel your order at any time, for any reason whatsoever prior to delivery of the relevant Products or Vouchers to you. Where this occurs, Buying2u will procure that the purchase price for the relevant Products or Vouchers (as purchased by you), and any delivery charges you have paid, will (subject to clause 9.7) be refunded to you in full.
Apart from where required by law, or by agreements between Buying2u, Sellers and Buying2u’s payment providers (such as PayPal), in circumstances where you place an order with a single Seller for one or more Products or Vouchers, and only some of those Products or Vouchers are supplied (but others are either not supplied or cancelled by the Seller), then the delivery charges will not be refundable. To the maximum extent permitted by law, Buying2u will not be liable to Users for any other loss, such as any additional costs associated with the user purchasing any Products/Vouchers that are not supplied, from another retailer at a higher price.
The Seller, and not Buying2u, is responsible for the delivery and supply of the products and Vouchers to you and the Sellers will set their own delivery time frames which will appear in the Seller Terms on the sales listing. If no delivery time frame is stated in the Seller Terms or sales listing, then you may contact the Seller to obtain an estimated delivery date. Any delivery dates specified on the Site are estimated dates only. You acknowledge that these delivery dates may vary and delays in delivery may be unavoidable.
CHANGE OF MIND RETURNS
Sellers have their own policies and procedures in relation to change of mind returns. You must review your order carefully before placing it because change of mind returns are given at the sole discretion of each Seller and a Seller may refuse to refund or exchange Products/Vouchers for change of mind or errors a User made in their order.
If a Seller allows a return, then the user will need to follow the returns process outlined in the Seller Terms, or any other return procedures or processes described by the Seller from time to time.
All Products/Vouchers sold on the Site come with guarantees that cannot be excluded under the Australian Consumer Law.
Products/Vouchers that you purchase from the Site may also contain warranty documents on or inside the packaging. Any such warranty is provided by the Seller or manufacturer of the Product/Voucher and is not given by Buying2u. Any warranty given by a Seller or Manufacturer in relation to a Product/Voucher will apply in addition to other rights and remedies you have under the Australian Consumer Law. Some warranty documents provided by Sellers/manufacturers of imported goods may not apply in Australia. You should contact the Seller/manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
Users agree to defend, indemnify and hold harmless Buying2u, its related bodies corporate and their respective directors, officers, employees and agents from and against all loss, cost, expense, damage, claims, demands, suits, actions or proceedings (including legal costs and expenses) arising out of:
the wrongful use of the Site by the user (or caused or authorised by the user);
breach of this Agreement by the user; o
breach of the Seller Terms for a Product or Voucher.
IMPLIED TERMS AND DISCLAIMER
You acknowledge that Buying2u has not made and will not make any express or implied warranties in relation to the Products or Vouchers or any other goods or services provided under this Agreement, other than those warranties expressly contained in this Agreement. Subject to clause 17 below, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.
You agree that the Buying2u will not be liable in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Products or Vouchers or the provision of any other goods or services under this Agreement and whether as a result of any breach, default, or negligence by Buying2u.
The maximum liability of Buying2u to you for any and all breaches of this Agreement, or for any and all negligence in relation to this Agreement, will be no greater than the purchase price and delivery charges paid by you to Buying2u (which is received on behalf of the Seller) for the relevant Products or Vouchers which you purchase through the Site.
If the Australian Consumer Law (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by legislation, the liability of Buying2u is limited, at the option of Buying2u, to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
IMPLIED OBLIGATIONS WHICH CANNOT BE EXCLUDED
Any term of this Agreement which limits or excludes any term, condition or warranty, express or implied, or the liability of Buying2u will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the user’s statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
Notwithstanding clauses 16 and this clause 17, for Australian consumers, the Seller’s Products and Vouchers, and goods and services provided by Buying2u hereunder, come with guarantees that cannot be excluded under the Australian Consumer Law. If you are an Australian consumer, you may be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the Products and Vouchers, or Buying2u’s goods and services, repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. For more information about these rights please go to www.accc.gov.au.
USE OF THE SITE OUTSIDE AUSTRALIA
Buying2u não se limita apenas ai territorio Australiano e esta disponivel para todo o mundo. Usuários that optarem por acessar o site de fora da Austrália, os usuários são responsáveis pelo cumprimento das leis locais e estrangeiras.
Unless expressly authorised under this Agreement or otherwise in writing by Buying2u, Users cannot reproduce, adapt, modify, display, perform, distribute, decompile, disassemble or reverse engineer any material (or part thereof) from the Site (including logos, trademarks, brand features and source code) that is the intellectual property of Buying2u or intellectual property that Buying2u has permission to use.
Users automatically grant Buying2u an irrevocable and royalty free global license to use, copy, display or distribute the Content of any correspondence or communication from Users. This may include (without limitation) public display of testimonials on the Site, reviews of Products or Vouchers posted by Users on the Site or on third party websites, or using ideas or suggestions provided by Users to improve and goods, services, Products or Vouchers which Buying2u offers.
Users acknowledge that Buying2u will be appointed by Sellers to assist them with dealing with user queries generally in relation to Products, Vouchers, the Site, or any other matter relating to this Agreement, or the Seller Terms (the “Support Services”).
REFUND GUARANTEE POLICY
Our product exchange policy aims to provide the customer with total security in relation to the products purchased at our store. All our products are guaranteed against manufacturing defects. We do not carry out exchanges of products that were delivered correctly, as ordered by the customer. If you receive a product from us with a manufacturing defect or different from the one you ordered, follow the steps below to make the exchange:
1- Inform our team about the problem through our email (firstname.lastname@example.org), sending clear photos of the defective product or the wrong product you received, within 3 days of receipt. Attention, we do not make exchanges or refunds after this period.
2- Your complaint will be analysed in a maximum of 2 working days and, once the problem is verified, we will contact you via email and you can choose one of the following alternatives:
- Receive a refund of the amount paid.
- Receive a new product equal to the one ordered.
- Receive a product of similar value.
- Receive a coupon with the product value to use in future purchases.
We will not exchange products for inappropriate choices for the customer:
We provide colours and detailed information on the website.
Buying2u may from time to time publish certain rules and procedures in relation to your use of the Site or dealings between Sellers and Users ( “Rules”). You agree to comply with these Rules, including as updated or amended from time to time. If there is any conflict between the Rules and this Agreement, then this Agreement will prevail.
You will indemnify and exempt the company, its affiliates, affiliates, licensors, service providers, content providers, employees, agents, administrators and directors (now referred to as Exempt Parties) from any violation of this Term of Use by you, including use of Content other than expressed here. You agree that the Exempt Parties have no liability or connection with any breach or unauthorised use and you agree to remedy any and all loss, damage, judgment, premiums, costs, expenses and attorney fees of the Exempt Parties linked to the breach. You will also indemnify and exempt the Exempt Parties from any claims by third parties resulting from the use of the information contained on this website.
Brands and logos present on this website are the property of the company or the party that made them available to the company. The company and the parties that made the brand available and soon have all rights over them.
Any password used for this site is for individual use only. You are responsible for the security of your password (if applicable). The company has the right to monitor the security of your password and at its discretion to ask you to change it. If you use any password that the company considers to be unsafe, the company has the right to request that the password be changed and / or to cancel your account.
It is prohibited to use any service or tool connected to this site to compromise security or tamper with system resources and / or accounts. The use or distribution of tools designed to compromise security (eg, password-cracking programs, crack or network scanning tools) are strictly prohibited. If you are unsuccessful in any breach of system security, the company reserves the right to provide your information to system administrators at other sites to help resolve security incidents. The company reserves the right to investigate potential violations of this Term of Use.
The company reserves the right to cooperate fully with the authorities or requests for justice so that the company discloses the identity of anyone who publishes an e-mail, message or makes available any material that may violate this Term of Use.
Important: By accepting this agreement you exempt the company from any consequences arising from any action of the company during or as a result of its investigations and / or actions taken as a result of investigations by both the company and the justification authorizations.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Users agree and acknowledge that, in the event that there is a change in control in, merger with or sale of Buying2u or its business to a third party, Buying2u can disclose personal information or data collected from Users to the third party without giving any notice to Users. Buying2u is also entitled to assign and novate the benefits of any agreements it has with Users to the third party, without notice to the user.
Buying2u reserves the right to modify this Agreement from time to time. Such modifications are effective immediately upon the earlier of its publication on the Site, and/or the time that it is first communicated to you. Continued use of the Site, or any of the materials or Content contained on the Site, following such publication will be deemed to be conclusive acceptance by you of the modified version of this Agreement.