Introduction
1.1 Agreement to Terms
These Terms of Use (the “Terms”) govern your access and use of the Kiwibuyers website (the “Website”) and related services (collectively referred to as “Service”) provided by Kiwibuyers (“we”, “our”, “us”). By using or accessing the Website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
1.2 Modification of Terms
Kiwibuyers reserves the right to update, amend, or modify these Terms at any time at its sole discretion. Any modifications will be effective immediately upon posting on the Website. It is your responsibility to review these Terms periodically. By continuing to use the Website or Services after any changes, you consent to such modifications.
Our Service
2.1 Overview of Service
Kiwibuyers provides a venue to list, buy, and sell goods (“Goods”). The Service facilitates the creation of listings for goods but does not take part in the sale or supply of goods directly. Any transactions or contracts formed between buyers and sellers are solely between those parties. We act solely as an intermediary platform and are not a party to any contract formed on the Website.
2.2 Not an Agent
Kiwibuyers does not act as an agent for any party involved in a transaction on the Website. We are not responsible for the performance of any contract formed between buyers and sellers.
Compliance with Applicable Laws
3.1 Legal Compliance
You agree to comply with all applicable laws, regulations, and legal requirements in your jurisdiction, including but not limited to the Fair Trading Act 1986, Consumer Guarantees Act 1993, Harmful Digital Communications Act 2015, Copyright Act 1994, and the Trade Marks Act 2002 (the “Applicable Laws”). You further agree that you will not engage in any activities on the Website that are prohibited by such laws.
Eligibility
4.1 General Eligibility
You must be at least 18 years old to use the Website and the Service. By using the Service, you represent and warrant that you are legally able to form binding contracts in New Zealand and/or your country of residence.
4.2 Business Users
If you register as a business entity, you warrant that you have the authority to bind the entity to these Terms.
Listing Goods
You agree that all information related to your listings, including descriptions, prices, and images, will be accurate, current, and complete. Listings must not mislead or deceive any buyer and must comply with the Fair Trading Act 1986 and other relevant laws.
5.2 Goods Availability
You must only list goods that:
- Exist or are available.
- Are within your possession (for products).
- You are legally entitled to sell or supply.
5.3 Price and Taxes
All prices must be listed in New Zealand dollars (NZD) and inclusive of GST (Goods and Services Tax). If selling internationally, you must comply with relevant tax laws applicable in your jurisdiction.
5.4 Listing Duration
Listings will remain on the Website for the duration you set unless removed earlier by either party or by Kiwibuyers in accordance with our policies.
5.5 Warranties for Listings
You warrant that:
- You have the right to sell or supply the goods.
- The goods are not counterfeit, illegal, or in breach of intellectual property rights.
- Your listing complies with all applicable laws, including the Consumer Guarantees Act 1993in New Zealand.
Purchasing Goods
6.1 Pricing
The price of any goods is determined by the seller and displayed on the Website. The price is inclusive of GST, but exclusive of any other applicable taxes or duties, which are the responsibility of the buyer.
6.2 Purchase Contract
Once you purchase a product, you enter into a contract with the seller under the terms specified in the listing. The contract includes the price, delivery terms, and any warranties provided by the seller.
6.3 Payment
All payments must be made through the Website’s payment processing system. Buyers must ensure that payment is made in full and on time.
6.4 Returns and Refunds
All sales are final. However, if the goods do not meet the consumer guarantees under the Consumer Guarantees Act 1993, the buyer is entitled to a remedy such as a repair, replacement, or refund. For international transactions, the buyer should refer to the seller’s return policy.
Seller Responsibilities
7.1 Legal Compliance
As a seller, you agree to comply with the Consumer Guarantees Act 1993 and other relevant consumer protection laws in New Zealand. If you are based outside New Zealand, you must comply with the laws applicable in your jurisdiction.
7.2 Warranties on Goods
You warrant that the goods listed for sale:
- Are of acceptable quality.
- Match the description in the listing.
- Are fit for the purpose for which they are sold.
7.3 Shipping and Delivery
You must ship goods promptly and in accordance with the delivery terms specified in your listing. Sellers must adhere to the specified delivery times and provide tracking information where possible.
International Sellers
8.1 International Sales Compliance
If you are selling goods internationally, you must comply with all laws and regulations that apply to the sale and export of goods from your country. This includes any tax, import, or customs duties applicable to your goods.
8.2 Shipping and Customs
You are responsible for ensuring that the goods you sell can be legally imported into the buyer’s country. You are also responsible for paying all applicable shipping and customs fees unless otherwise stated in the listing.
8.3 Currency and Payment
International sellers must ensure that payments are processed through Kiwibuyers’ secure payment system, and currency conversion fees, if applicable, are borne by the seller and/or buyer as per the agreed terms.
Payment Processing
9.1 Payment Methods
Kiwibuyers uses a secure third-party payment processor to handle transactions. You agree to provide accurate and complete payment details and ensure that your payment method is valid and not fraudulent.
9.2 Payment Processing Fees
Kiwibuyers may charge transaction fees for the processing of payments. These fees are disclosed at the time of the transaction and may vary depending on the nature of the transaction.
9.3 Currency
The default currency for all transactions on Kiwibuyers is New Zealand Dollars (NZD). If the buyer or seller is based outside New Zealand, the payment processor will handle any necessary currency conversion, and the applicable conversion fees will apply.
Bidding, Buying, and Payments
10.1 Bidding and Buying
You should only place a bid if you intend to buy the item at the price entered. Placing the winning bid constitutes a legal contract between you and the seller, where you agree to complete the transaction. If you win the auction, Kiwibuyers will provide the seller with your email address to facilitate the transaction and, if necessary, your delivery address if provided. You will receive a notification that your bid was successful, and you must promptly pay the purchase price (plus any applicable shipping charges) and complete the transaction as specified in the listing.
If you fail to pay for an item you have agreed to purchase (whether through winning an auction or agreeing to a classified listing), and the seller files a complaint, Kiwibuyers may intervene. Kiwibuyers will determine the appropriate action, which may include issuing a warning or suspending or terminating your account, without prior notice.
When you place a bid, your username and bid amount will be publicly displayed on the listing.
Translation:
Don’t waste anyone’s time. We will share your details to facilitate the transaction.
10.2 Paying by Credit Card
While we facilitate payments via credit card for some transactions, we merely act as an intermediary for payment processing. We are not involved in the actual transaction between the buyer and the seller. Sellers are solely responsible for issuing refunds.
We employ fraud protection measures to reduce the risk of credit card fraud. However, we are not responsible for protecting you against credit card fraud, and our fraud prevention system may occasionally block legitimate payments. If your payment is blocked, you may need to use an alternative payment method.
Translation:
We work to prevent credit card fraud, but it’s your responsibility to be vigilant.
10.3 Restricted Pages and Items
Certain pages and categories on the Website have age restrictions. You agree to comply with these restrictions and not access or purchase items from these categories unless you meet the required age. For example, you must be at least 18 years old to access the Adult category.
We permit the sale of age-restricted items on our platform. Details of these restrictions are available in our Banned and Restricted Items list. You agree to comply with all applicable legal age restrictions. For instance, you are prohibited from selling spray cans to anyone under 18, and if you are under 18, you may not purchase spray cans.
Privacy and Data Protection
10.1 Privacy Policy
Your use of the Website is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of your data in accordance with our Privacy Policy.
10.2 International Data Transfers
If you are based outside New Zealand, you acknowledge that your personal data may be transferred and processed in New Zealand, which may have different data protection laws.
Prohibited Activities
11.1 Prohibited Listings
You may not list any of the following:
- Counterfeit goods or services.
- Illegal or unlawful products.
- Products that infringe on intellectual property rights.
11.2 Fraudulent Activities
You agree not to engage in any fraudulent or deceptive conduct, including:
- Using false identities or fake contact details.
- Offering goods or services that you do not have the right to sell.
11.3 Shill Bidding
- You shall not engage in, or permit any third party (including, but not limited to, friends, family, or employees) to engage in, shill bidding. “Shill bidding” refers to the act of placing false or non-genuine bids on an item in order to artificially inflate its price, search ranking, or desirability. Any such conduct will result in the immediate suspension or termination of your account and may also lead to legal action.
11.4 Classified Spamming
- You are prohibited from using the contact features of any classified listing to promote or advertise your own products or services to other members. Such conduct is considered classified spammingand is strictly prohibited. Any violation may result in the immediate suspension or termination of your account.
11.5 Top Seller Manipulation
- You agree not to manipulate, or attempt to manipulate, any metrics or criteria associated with the Top Sellerprogram, including but not limited to the feedback system, sales volume, or sell-through rate. This includes actions such as leaving feedback for yourself or engaging in any other fraudulent or deceptive practices to manipulate your eligibility for the program.
11.6 Offsite Transactions
- You agree not to complete any transaction that originated on the Website outside of the Website’s platform. You shall not promote, sell, or exchange goods or services through the Website for the purpose of avoiding applicable fees, bypassing the platform’s processes, or circumventing Kiwibuyers’ services. Any attempt to manipulate the platform in such a manner may result in suspension or termination of your account.
Translation:
You must act responsibly and in good faith when using our platform. Don’t manipulate our system, engage in fraudulent behavior, or attempt to avoid paying any fees.
Intellectual Property and Content
12.1 Ownership of Content
You retain full ownership of any content that you submit, post, or upload to the Website (collectively, “Your Content”). This includes, but is not limited to, photos, product descriptions, and other information. You confirm that you have all necessary rights and permissions to use and submit Your Content, and that such Content does not violate the intellectual property rights or other rights of any third party.
12.2 License to Use Content
By submitting Your Content to Kiwibuyers, you grant Kiwibuyers a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, and worldwide license to use, display, reproduce, distribute, modify, create derivative works of, and store Your Content for the purposes of providing, promoting, and improving the Services, and for other internal or business purposes. This license includes the right to use Your Content on third-party websites or platforms.
12.3 Prohibited Content
You are prohibited from submitting or posting any content that:
- Violates the intellectual property rights of others, including unauthorized use of trademarks or copyrighted works.
- Is defamatory, harmful, or unlawful.
- Contains viruses, malware, or other harmful code.
- Promotes illegal activity or infringes the rights of others.
12.4 Trademarks
You retain ownership of your trademarks, logos, and other brand identifiers. Kiwibuyers will not use your trademarks without your explicit permission, except as required for promoting Your Content in connection with the Services.
Dispute Resolution
13.1 Mediation and Arbitration
In the event of a dispute between a buyer and seller, both parties agree to attempt to resolve the matter in good faith. If the dispute cannot be resolved, the parties agree to resolve the matter through mediation or binding arbitration, as outlined in our dispute resolution policy.
13.2 Jurisdiction
These Terms are governed by New Zealand law. Any legal action arising from or related to these Terms must be brought in New Zealand courts.
Limitation of Liability
14.1 Maximum Liability
To the maximum extent permitted by law, Kiwibuyers’ liability for any claims arising out of these Terms or your use of the Website is limited to NZD $100. We are not liable for indirect, consequential, or punitive damages.
Account Suspension and Termination
15.1 Account Suspension
We reserve the right to suspend or terminate your account if we suspect any breach of these Terms, including fraud, misuse of the Website, or failure to comply with applicable laws.
15.2 Fraud Protection
We may conduct fraud checks and reserve the right to suspend accounts that appear to engage in fraudulent activities. Any transaction deemed fraudulent will be reported to relevant authorities.
15.2.1 Fraudulent Activity
In the event that Kiwibuyers suspects fraudulent activity, it may investigate such activities and take necessary actions, including notifying relevant authorities. Accounts involved in fraudulent conduct may be suspended or permanently terminated.
Amendments
16.1 Right to Amend
We reserve the right to amend, modify, or terminate any part of these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Website constitutes your acceptance of these changes.
Governing Law and Jurisdiction
17.1 Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand for any legal proceedings related to these Terms.
Contact Us
If you have any questions about these Terms or any aspect of our Service, please contact us at: support@kiwibuyers.com