Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://marketplace.ohitsperfect.com.au (the “Website) by Oh It’s Perfect ("us", "we", "our" or “Service”). Oh It’s Perfect (“OIP”) is owned and run by Chek Pty Ltd as trustee for The Chek Trust (ABN: 29 658 831 751).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Definitions
For the purpose of these terms and conditions, the following DEFINITIONS will apply: “Buyer” means anyone who is purchasing goods or services through this Website. “Content” means any material, words, images and goods and services that appear on this Website. “Store or Shop” means a Vendor’s space allocated to sell goods and services through this Website. “Vendor” means any person (whether individual or entity) that has been accepted as a Vendor to sell goods and services via this Website.
General
Best efforts are made to maintain the Website so that the use is not interrupted but continuous access to Our Website cannot be guaranteed and as such We offer no warranty that the services would never be interrupted. OIP reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with reasonable notice in the circumstances. In some circumstances, no notice will be provided such as in the case of emergency, fraud or to prevent a breach of the law. To the full extent permitted by law, OIP shall not be liable to You or to any third party for any modification, suspension or discontinuance of any part of Our Website. This includes, but is not limited to, discontinuance of products and modification of prices. Please take some time to read these terms and conditions, applicable to the use of products and services provided on the Website. These terms and conditions are subject to change from time to time with reasonable notice depending on the circumstances. It is strongly recommended that You read updated terms and conditions at all times. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of Victoria. By using this Website, You submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums. Each order or transaction will be governed by the terms and conditions in force upon the date of that transaction. OIP doesn’t represent itself to be affiliated with any of the Vendors, sellers, manufacturers or distributors of the products for sale on Our Website. Every effort is made to render colours and textures of your products accurately on the Website. However, due to the constraints of digital reproduction on various web browsers and personal monitor settings, We cannot guarantee true colour. Some of the merchandise is hand painted and hence each individual product would vary slightly in colour. OIP accepts no liability for errors or the consequence of such errors. Vendors are only accepted after their application has been approved by OIP. Approved Vendors have 10 business days in which to set up their online Store. OIP reserves the right to cancel the Vendor agreement at any time without prior notice.
Payments and Charges
All Buyer payments will be processed by OIP. OIP will charge a commission of 15% on the total value of sale i.e. product price plus shipping costs (if any). Note that all our payments are processed by Stripe Inc. (www.stripe.com/au). The remaining 85% of the item’s sale price plus shipping (including GST) at the checkout are transferred to the Vendors’ Bank Account within 10 business days. Vendor is responsible to provide correct banking details under the Store Settings on the Website. Vendors are not able to receive payments correct Banking details are provided under store settings and OIP will not be responsible for any loss in payment due to incorrect banking details provided by the Vendor. Extra charges may be applied by their respective banks to Vendors for accepting funds. OIP is not responsible of any such fees (please refer to your respective banks for their fees, charges and terms). OIP will maintain a record of all the payments made to Vendors. OIP is not liable for any delays and lost payments arising due to problems with banking systems or any other issues beyond OIP’s control. OIP retains the right to revise its fees and charges including but not limited to including setup costs and usage charges for Vendors at any time with reasonable notice in the circumstances.
Goods and Services Tax (GST)
Please ensure that all prices for products and shipping costs are inclusive of GST. GST needs to be applied to each product at the time of product creation in the Vendor store.
Shipping and Delivery Policy
Please ensure that shipping and delivery is clearly mentioned and the products are shipped to customers in a timely manner. All shipping charged to the customer will be transferred to the vendor. OIP recommends the use of Australia Post for shipping.
Vendor Responsibilities
Vendors must provide genuine, accurate, truthful information about products and services advertised on this Website; Vendors will keep information and contact details updated and relevant, failure to do so will result in the removal of the Store; Vendors will only post images that are owned or licenced, third party images are not permitted unless written consent allowing use of the image is provided. Published images must comply with copyright law; Vendors will abide by Australian Consumer Law pertaining to the sale of goods and services and ensure they are familiar with relevant and applicable consumer laws including their rights and responsibilities as a Vendor; Vendors will provide good standards of product supply, delivery and customer service and respond to customers in a timely and professional manner. Failure to do so may result in removal of the Store from this Website; Vendors will abide by the shipping, refund, return and exchange policies of this Website; Vendors agree that We provide an avenue to sell products, but are not responsible nor liable for sales, publicity or other marketing opportunities. Any such marketing opportunities that arise will be subject to Our discretion, including the selection of stores to be included; Vendors accept that any sale made through OIP represents a contractual relationship with the Buyer, and any disputes should be dealt with between the Buyer and the Vendor. Vendors may contact OIP to resolve issues only when liaison with buyers has failed to resolve the dispute; Vendors agree that OIP has the authority to remove any Content that We determine is unlawful, offensive, defamatory, obscene or objectionable or violates a third party’s intellectual property rights; Vendors authorise OIP to use, reuse and grant others the right to use and reuse Content in any form of media for marketing, advertising or other purposes; Vendors must have a minimum of four items for sale in a Store; Vendors will ensure that all information and Content displayed on their Store is up to date at all times; Vendors agree to honour all orders and sales once orders have been completed, including honouring advertised prices; Vendors must clearly state purchase prices, and must indicate what is not included in the purchase when images of the product are displayed. For example when accessories are pictured alongside the advertised product in images, Vendors must clarify which items are included and excluded in the sale price; Vendors must include any credit card surcharges in the quoted prices, and clearly state any surcharges in the advertised price of goods and services; Vendors acknowledge that We are not liable for any direct, indirect or consequential loss or damage which may result from Your participation with this Website; OIP offers a standard 14 DAY REPLACEMENT WARRANTY, from the date the item is received. By signing up as a Vendor with OIP, You agree to exchange, replace, refund any faulty products received by the buyers; Vendors are legally responsible for any Content placed by them on this Website and indemnify OIP and keep Us fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly from Your involvement with this Website; Vendors will indemnify Us from any claims or legal action that buyers may take as a result of their action, or inaction, contents, products or Store. Sale of Alcohol is prohibited at OIP Marketplace.
Cancellation of Customer Orders and Refunds
The Vendor may cancel an order if the Vendor suspects that the Buyer is acting fraudulently, or is otherwise in breach of these terms. As much as possible, the Vendor will avoid pricing errors and factual inaccuracies in descriptions of products and services, however if an error does occur, the Vendor may cancel an order. The Vendor is responsible for providing a refund and an explanation to the Buyer in this circumstance. If a product is unavailable for any reason, Vendors will inform the customer and update their listing on the Website as soon as possible. Vendors may experience unforeseen demand which results in stock selling out. Vendors will contact buyers and offer the option of waiting until the product is back in stock or obtaining a full refund. Vendors reserve the right to refuse orders of commercial quantities. If the product is not faulty and is as described at the time of sale, vendor reserves the right to refuse cancellation of the order or any request for a refund. It is vendor’s responsibility to state clearly its Returns and Exchange Policy on its store.
Refunds to Customers: In case a refund is requested due to the product being faulty, the vendor is responsible to reimburse the full amount of the item’s sale price including shippings costs (if any) to the customer on receipt of the item by the customer. In case a refund is offered for any other reason, the vendor may remit the full sale price of the item excluding shipping costs (if any). In case a refund is actioned, OIP will remit to the Vendor 12% commission (12% of the item sale price) charged at the time of the purchase. The 3% payment processing and transaction fee and shipping charges (if any) will NOT be reimbursed. Vendors are required to submit an application to vendor@ohitisperfect.com.au with a proof of actioned refund to reclaim the aforementioned refund from OIP.
Closing Vendor Store
Store closure requests are required to be made in writing by providing at least 30-day notice to OIP at vendor@ohitsperfect.com.au. The Vendor is bound to clear all the outstanding transactions, dispatch all deliveries and/or fulfil all service obligations for orders and monies already received and resolve all Buyer enquires before closing the Store. A notice of Store’s impending closure with the closure date will clearly be placed on Vendor’s Store page on OIP Website within 2 business days of receiving the closure request by the Vendor.
