Secondsdeals.com.au is a marketplace platform owned and operated by Seconds Deals Pty Ltd ABN 31 666 625 083 (“SecondsDeals”) where you can browse, select and purchase products sold by third party sellers (“Sellers”).

These terms and conditions are important and you should read them carefully as they apply to your use of the Site, and by doing so you agree to be bound by them. There are some specific terms we wanted to make you aware of. These are set out below:.

Site and services availability

We may change the Site, or stop making our services or the Site available without prior notice. See clause 3.1.

Cancelling orders

SecondsDeals Sellers may reject or cancel your order after it has been placed, and you will be notified when this occurs and receive a refund for your order. Whether or not you can cancel an order placed with a Seller depends on the Seller’s own policies.

Liabilities

Without limiting your consumer law rights, SecondsDeals: (i) is not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or wilful misconduct; (ii) is not responsible for the agreement between you and Seller, including for the acceptance of Orders and supply and delivery of Seller products; and (iii) our liability to you under these terms will be reduced to the extent you either caused or contributed to that loss or damage (see clauses 4 and 14 for more details).

Fees to Sellers

SecondsDeals earns fees from Sellers on Products sold. See clause 6.4.

Changing these terms

We can change these terms and conditions at any time, but the terms in place at the time you placed your order will continue to apply. See clause 20.4.

1. ABOUT YOU

1.1. To use our Site and purchase Products on SecondsDeals, you must:

a. be at least 18 years of age;

b. reside in Australia;

possess the legal right and ability to enter into a binding agreement with SecondsDeals and a Seller with respect to any Products purchased on the Site; and

use the Site in accordance with this Agreement.

2. REGISTRATION & GUEST CHECKOUT

2.1. You can purchase Products from our Site by either registering a User account (“Account”) or by using our guest checkout (“Guest Checkout”).

2.2. Registering an Account with us allows you to:

a. save your details for future purchases;

b. access your past order details;

c. manage your subscription preferences;

2.3. You must keep your Account login details, particularly your account password, confidential and secure. You will be responsible for the use of your account by yourself and others. This includes unauthorised use where your login details have not been kept secure. If you suspect unauthorised use on your account, you should notify us immediately by contacting us through our Contact Centre.

2.4. Your Account is personal to you, and cannot be transferred. You must ensure that your registration details are up to date and accurate at all times. You can manage your Account information by logging in to the Site

2.5. You agree that SecondsDeals may suspend, terminate and/or close your Account at any time where we believe you have breached this Agreement or applicable laws, or your Account is being used for fraudulent activity. We may also suspend or terminate any User account if we suspend or terminate providing the services we provide under this Agreement.

3. OUR SITE, LICENCE AND RESTRICTIONS ON USE

3.1. We provide this Site as a Service to our Users and Sellers, and reserve the right to change or modify the Site at any time, cease providing the services on the Site in whole or part, or stop making the Site available to users (or Sellers), without prior notice.

3.2. You may only use the Site in accordance with this Agreement and subject to the restrictions of this clause 3.

3.3. Users agree to use the Site solely for their own personal use. Further, Users and visitors to the Site must not:

a. 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;

b. use any bots, scraping tools or other code or things designed to extract, scrape, harvest, or aggregate information from our Site;

c. use the Site for any illegal purpose or in any manner that is inconsistent with this Agreement;

d. 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.

3.4 We allow Users to upload content to the Site, including Product reviews and communications with Sellers and our support team. You agree that you must not supply content to us that: (i) would cause you or SecondsDeals to breach any law, regulation, rule, code or legal obligations, (ii) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, racist, discriminatory, in breach of confidence or in breach of privacy, or (iii) that could infringe any person’s rights, including their intellectual property rights.

4. OUR ROLE IN TRANSACTION

4.1. SecondsDeals Site is a marketplace platform where you, the User, may purchase Products from Sellers. You will find the Seller’s details in the Product details page where you can add the Product to your cart. Sellers supply the Products, and Users purchase Products from Sellers and not from SecondsDeals. In this transaction, SecondsDeals simply acts as a limited agent for the Seller and the User, for the following purposes only:

a. facilitating the purchase of Products by a User;

b. collecting payment from the User and then remitting the payment to the Seller (less any fees charged to the Seller by SecondsDeals); and

c. 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 including facilitating the resolution of complaints and the provision of remedies to Users.

d. 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.

4.2. When a Seller’s Product is purchased via the Site, the User and the Seller will at that time form a legally binding agreement between each other for the sale and supply of the Product. Sellers may specify terms of sale relevant to the transaction ( “Seller Terms”) which are accessible in the Product listing or Seller page. In circumstances where you purchase Products from more than one Seller, you will form a legally binding agreement with each Seller in relation to the relevant Products. Each such agreement is separate and exclusive to each relevant Seller. These agreements will be formed when you confirm your purchase of the relevant Products in your shopping cart.

4.3. Sellers are solely responsible for their Products, including the price, product information on the Site, supply, delivery, quality, safety and compliance with any laws or standards, as well as providing you remedies in respect of any claims and any other issue arising out of or in connection with the agreement between you and the Seller.

4.4. Where Sellers specify Seller Terms, these will be posted on the relevant listing page for each Product you purchase or on the relevant Seller profile page. Seller Terms cannot exclude any of your statutory rights that cannot be excluded (including your rights under the Australian Consumer Law) and incorporate any terms which are implied by law in relation to the supply of Products. Where implied terms can be lawfully excluded, these must be listed in the Seller Terms.

4.5. SecondsDeals is not a party to the Seller Terms and does not assume any responsibility or liability under them or for their content, and SecondsDeals only obligations in relation to that agreement are as set out in this Agreement. SecondsDeals is not responsible for the User’s or Seller’s performance of their obligations under the Seller Terms. Sellers are responsible for their Products, and supply and delivery of Products to you. SecondsDeals may, however, exercise any of the Seller’s rights arising under the Seller Terms to facilitate transactions on the Site or at the authorisation of the Seller.

5. PRODUCTS

5.1. Information about the Products on the Site is provided directly by Sellers, or is based on material furnished by suppliers and/or product manufacturers. Product images on the Site are provided for illustrative purposes only and the actual Products may vary to a small extent. We do what we can to ensure the Product listings on our site are correct, but we do not warrant that they will be error free.

5.2. 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. Where applicable, you agree that by purchasing a Product, that you will be bound by the Seller Terms for that Product, as described in this clause.

5.3. SecondsDeals and its Sellers reserve the right to change, suspend or remove any Product offer or other information from the Site at any time.

6. ORDERING AND DELIVERY

6.1. By ordering Products via the Site, you, the User, agree to purchase the Products you have selected:

a. for the purchase price and all other applicable fees and charges as displayed on the Site; and

b. in accordance with this Agreement and any applicable Seller Terms,

c. from the relevant Seller

6.2. You may place an order via the purchase functionality contained in the Site and may pay for your Products using the payment methods we allow on the Site (which may include, without limitation, credit card, debit card, Stripe, PayPal, Apple Pay, Google Pay, Afterpay and Zip). By using third party payment methods, you may be bound by terms and conditions individual to those payment methods. We are not party to these terms and conditions, and are not the providers of these services and are not responsible for them.

6.3. The prices of Seller’s Products and any associated shipping costs are as set by those individual Sellers and not SecondsDeals. Sellers’ 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 and displayed in cart.

6.4. Your order will not be processed until payment is received by SecondsDealsl in full for the Products 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 SecondsDeals. Where applicable, we will then remit an amount equal to the payment to the relevant Seller (or Sellers), less any applicable fees and charges of SecondsDeals, as charged to the Sellers.

6.5. Orders for Products sold by a Seller are shipped and fulfilled by that Seller from their own distribution centres. Delivery time estimates can be viewed on Product listings or on the Seller’s profile page. If no delivery time frame is stated in the Seller Terms or Product listing, then you may contact us to obtain an estimated delivery date. As these delivery time frames are estimates, actual delivery times may vary and some delays in delivery may be unavoidable.

7. CANCELLING ORDERS

7.1. When an order is placed for Products, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. In some cases, once an order is placed, it may need to be rejected or cancelled prior to dispatch by the Seller. Orders may be cancelled or rejected where:

a. Stock is missing, or the Product is out of stock;

b. There is an error in the Product information or price of the Product on the Site;

c. The Product is withdrawn for a safety or similar issue.

7.2. Where your order is cancelled or rejected, you will be notified by us, and you will be refunded the purchase price for the order and associated delivery charges for that Product. If an order for a Product from a consolidated order of multiple Products is cancelled, you will still be charged shipping for the other remaining Products in that order that are sent to you.

7.3. If you need to cancel an order that you have placed, you must contact SecondsDeals so we can escalate to the Seller, via the Help Centre or through your account. Whether or not an order can be cancelled depends on the status of the order, and any individual Seller Terms or policies. Once an order has been processed, is ready for dispatch or has already been sent, it cannot be cancelled.

7.4. Where your order is cancelled, to the maximum extent permitted by law, our maximum liability to you will be the amount paid for the cancelled Product, and any applicable shipping charges per clause

7.5. By using this site, you acknowledge that SecondsDeals is intended as a site for direct to consumer sales. We reserve the right to cancel any order where we reasonably believe Products are purchased for the purpose of resale. In the event your order is cancelled under this clause, to the maximum extent permitted by law, SecondsDeals will not be liable to you in contract, tort or otherwise for any claim, loss or damage, whether directly or indirectly, arising from the cancellation of your order and our total liability to you will be, in any event, limited to refund of the price paid for your order.

8. COUPONS

8.1. SecondsDeals may issue discount coupons to Users at its sole discretion from time to time (Discount Coupons). The value of a Discount Coupon may be redeemed by you, as a User, at the time you place an order for Products on the Site. You acknowledge and agree that apart from where we specify to the contrary: (i) Discount Coupons are valid for 1 year from the date of issue only; (ii) the value of a Discount Coupon may only be redeemed once;

9. TITLE AND RISK

9.1 SecondsDeals assumes no risk or title in any Seller’s Products.

9.2. The title and risk in the Products that Users purchase, shall pass to Users upon delivery.

10. INTERNATIONAL SELLERS AND DIRECT IMPORT GOODS

10.1. Where you purchase Products from an overseas based Seller, and the value of the Products is greater than $1,000, you may be required to lodge a Customs Import Declaration and pay relevant taxes on entry of the Product into Australia.

10.2. By purchasing Products from overseas based Sellers and importing them into Australia you acknowledge and agree that you will be recorded as the importer of the Products and will be responsible for paying any taxes where applicable (including GST, duties and other charges) associated with the importation of these goods (if any).

11. CHANGE OF MIND RETURNS

11.1 As a factory seconds outlet 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 not generally given and are at the sole discretion of each Seller and a Seller may refuse to refund or exchange Products for change of mind or errors a User made in their order.

11.2 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.

12. PROBLEMS WITH YOUR PRODUCTS OR DISPUTES WITH SELLERS

12.1 As SecondsDeals is a clearance centre for factory seconds, scratch and dent, run out and discontinued stock. Typically we do not refund or exchange unless required by law or authorised by the Sellers. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, if the issue is not outlined in the product description when purchasing the product. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality as outlined in the product description. Nothing in these terms, or any Seller listed policy or warranty, limits these rights.

12.2 If you have a problem with a Product you have purchased on SecondsDeals, or generally with the conduct of a Seller, you should first contact the Need Help? section in your account. SecondsDeals will communicate with the seller on your behalf. If the Seller is unable or unwilling to resolve your problem, you may escalate your complaint to SecondsDeals by communicating within the Order Help and Enquiry Update sections within your Account. SecondsDeals will seek to assist you in resolving your problem (including, without limitation, by liaising with the Seller on your behalf, investigating your issues, advising on the relevant Seller processes and procedures for Product returns or refunds, or sending the Products to third parties for assessment or repair (if required)). In some circumstances, where we believe it is necessary we may issue remedies to you consistent with your Australian Consumer Law rights, but without assuming responsibility under them.

12.3 Products that you purchase from the Site may also contain manufacturer warranty documents on or inside the packaging. Any such warranty is provided by the Seller or manufacturer of the Product and is not given by SecondsDeals. Any warranty given by a Seller or Manufacturer in relation to a Product 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.

13. LIABILITY

13.1. Products purchased from a Seller, it is the Seller and not SecondsDeals, who is responsible to you as the supplier of the Product for providing you with remedies under the Australian Consumer Law for major and non-major failures in respect of those Products.

13.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Woolworth's liabilities under those provisions:

a. you acknowledge that the Site is provided ‘as is’ and SecondsDeals does not make any representation or warranty in relation to Site that your access and use of the site will be (i) uninterrupted and without error; (ii) free from viruses or defects; or (iii) always available; or (iv) suitable for any purpose;

b. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement;

c. we will not be liable for any claim or any losses that result from (i) things that occur which are outside our reasonable control; (ii) something which is not a breach by us; or (iii) the unavailability or accessibility of our Site;

d. we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct; and

e. our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

14. EMAIL & SMS POLICY

14.1 If you transact on our Site, or provide us your email address to receive offers from us, you agree to receive emails and/or SMS messages from SecondsDeals and the relevant Seller in relation to your purchase, return of or other dealings in relation to Products, and for receiving information on offers (including via the SecondsDeals newsletter). You may however opt out of promotional newsletters or SMS at any time via the unsubscribe functionality contained therein or by using our newsletter subscription centre when you log into your Account.

15. LINKS TO THIRD PARTY WEBSITES

15.1. The Site may contain links to third party websites (including, without limitation, websites of Sellers). MyDeal does not endorse nor support the contents of third party websites. SecondsDeals recommends Users to review the terms and conditions and privacy policy of the third party websites Users visit.

16. USE OF THE SITE OUTSIDE AUSTRALIA

16.1 SecondsDealsl intends that the Site is only available for use in Australia and for Australian Users, and does not represent that the contents of the Site are appropriate or available for use in countries outside Australia. If Users choose to access the Site from outside Australia, Users are responsible for compliance with foreign and local laws.

17. PRIVACY

17.1 Where personal information is provided to SecondsDeals, the Privacy Policy of SecondsDeals will govern how SecondsDealsl uses or discloses that information. You acknowledge that SecondsDealsl may collect and use your personal information in accordance with its Privacy Policy.

18. INTELLECTUAL PROPERTY

18.1 Unless expressly authorised under this Agreement or otherwise in writing by SecondsDeals, 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 SecondsDeals or intellectual property that SecondsDealsl has permission to use.

18.2 If you provide content to us, you grant SecondsDeals an irrevocable and royalty free global license to use, copy, display or distribute the content of any correspondence or communication you provide. This may include (without limitation) public display of testimonials on the Site, reviews of Products 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 which SecondsDeals offers but any content we do display.

19. SUPPORT SERVICES

19.1 Users acknowledge that SecondsDeals will be appointed by Sellers to assist them with dealing with User queries generally in relation to Products, the Site, or any other matter relating to this Agreement, or the Seller Terms (the “Support Services”).

20. MISCELLANEOUS

20.1 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.

20.2 This Agreement is governed by and in accordance with the laws of the State of Victoria (exclusive of its rules regarding conflicts of laws). The User and SecondsDeals irrevocably submit to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to this Agreement.

20.3 Users agree and acknowledge that, in the event that there is a change in control in, merger with or sale of SecondsDeals or its business to a third party, SecondsDeals can disclose personal information or data collected from Users to the third party without giving any notice to Users. SecondsDealsl 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.

20.4 SecondsDeals reserves the right to change or 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, however the terms that applied when you placed your order will continue to be applied to that order. Continued use of the Site, or any of the materials or content contained on the Site, the effective date of the change will be deemed to be acceptance by you of the modified version of this Agreement. If you do not agree to these changes, you should not use our Site.