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BY REGISTERING WITH REAL TIME AUCTIONS PTY LTD, t/a REALTIME FLOWERS BRISBANE YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
These terms and conditions apply when you use our service at www.rtfb.com.au.Your use of the service indicates your acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions, do not access this site.
This agreement comprises the entire agreement between you and Realtime Flowers Brisbane (RTFB) and supersedes any prior agreements between Real Time Auctions Pty Ltd and/or Realtime Flowers Brisbane and you regarding the subject matter contained herein.
Buyer Registration
Buyers and sellers must register by completing, signing and returning a completed RTFB registration form. Only business entities may register. By registering and accepting these Terms and Conditions you represent to RTFB that you are not a minor and can form legally binding contracts under applicable law. If you are registering on behalf of a business entity, you represent and warrant that you have authority to bind the entity to these Terms and Conditions. Without prejudice to you, we reserve the right to ask you for written authority from the business entity before registering any business entity.
Supplier Registration
Upon registration, suppliers must supply RTFB with banking details to enable electronic payment transfers to occur. Suppliers are required to complete a “PAMD Act Form 24a” which is available at www.fairtrading.qld.gov.au and return two signed copies to RTFB.
User Name & Personal Identification numbers
Upon registration you will be given a personal user name (ID) and password. You will change the password given to you upon receiving your initial password. You agree to advise us if you become aware or suspect that any other person knows your password or there has been unauthorised access to your account. You will be able to change your password in such circumstances. You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party. If you believe that your ID and/or password has become known to another person or you are aware of any unusual usage you will advise RTFB. You accept responsibility for ensuring their details are correct and changes are recorded when you log into the secure site.
You are responsible for use of the Services when access to the Services is obtained through the use of your user name and password whether authorised or unauthorised.
Buying
As a registered buyer, you accept that purchasing on-line constitutes a binding contract between you and RTFB, and the sale can only be retracted at the RTFB’s discretion. Payment for purchases must be received upon the receipt of the invoice and not later than 7 days. Once you place a successful offer you will be obligated to buy the product at the said price indicated. Making a successful purchase and then not paying for the product is illegal.
Payment
You are responsible for paying for all purchases on the day of purchase. Any applicable taxes including any goods and services or value added taxes, or buyers fees will be added to amounts billed to you. All sale prices are exclusive of GST. GST is added to the sale price and shown as a separate item on the invoice. All purchases have an additional 3.5% buyer’s fee. All sales are conducted in Australian Dollars (AUD). You are responsible for ensuring that you have sufficient funds to cover the cost of your purchase and make prompt payment in accordance with the applicable payment method.
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It is the responsibility of each buyer to log on to the Real Time Flowers Brisbane website at www.rtfb.com.au by using their ID and password to ensure that the purchase information including product purchases and delivery details are correct and to provide payment for the goods and delivery costs as stated on the RTFB invoice.
You agree to pay your invoices, in full, upon receipt of the invoice and not later than 7 days. RTFB will use its best endeavors to provide an invoice for purchases at the time of purchase or delivery. In the event of the invoice not being available on the execution of the sale for whatever reason, payment for purchases must be received within 7 days. If payment is not received within 14 days from the supply or delivery of the purchases interest at the rate of 2.5% per month will be applied to any and all unpaid invoice.
The purchaser agrees to indemnify RTFB for all costs incurred, legal or otherwise in relation to the collection of overdue or delinquent accounts, including costs incurred by RTFB in relation to third party recovery agents.
Ownership
RTFB acts as an agent for the seller of the goods purchased by the buyer, whether by verbal, written order, or by electronic means. Ownership of the goods purchased from RTFB is irrevocably conveyed to the purchaser upon receipt of the order by RTFB, however placed. Payment is due upon collection of the purchased goods, or on dispatch to the purchaser.
We will use reasonable efforts to ensure that the Internet Service is available at all times. It is your responsibility to use other means of effecting normal payments if for any reason you are unable to access this service.
Supplier's Payments
Suppliers will be paid by direct deposit to their nominated account. The 15% commission payable to RTFB will be held by RTFB with the balance being paid by direct deposit. Suppliers can log on anytime to view details of the payments and the associated sales. Supplier payments of less than ten (10) Australian dollars will not be paid but, will be carried forward to a subsequent week when the payment exceeds ten dollars.
Termination of the Service
We reserve the right in our sole discretion to discontinue or suspend any account and exclude you from using the Service if you are in breach of any of these Terms and Conditions or at the discretion of RTFB and for any other reason. We have no liability to you if we suspend or terminate your account or change any of our services for any reason. You waive all rights you may have had against Real Time Flowers Brisbane and Real Time Auctions Pty. Ltd.
Intellectual Property Rights
You will not copy, modify, download (other than page caching), store and/or sell any part of the Realtime Flowers Brisbane website or any associated software or information provided to you without our prior written consent.
Limitations on Liability
Our websites and services are provided on an "as is" and "as available" basis. We do not make any representation or warranty of any kind express or implied regarding the contents or availability of the website or services. You waive all rights you may have had against Realtime Flowers Brisbane and Real Time Auctions Pty. Ltd. in respect of such conduct.
We exclude all warranties, conditions, terms, undertakings and representations of any kind, express or implied, statutory or otherwise in connection with the services and the website to the fullest extent permitted by law.
Any software downloaded from RTM or RTFB or as part of the our service is at your own risk and we do not accept liability for any direct or indirect loss or damage howsoever caused as a result of any computer viruses, bugs, Trojan horses, worms, software bombs or other similar programs arising from your use of this website or software.
We are unable to accept any liability for any loss or damage arising directly or indirectly from the content of third party sites provided via the our websites.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees, exempt from any claim or demand, including reasonable solicitors' fees, made by any third party due to, arising out of, or in connection with, a breach of this agreement or the documents it incorporates by reference made by you, or your violation of any rights of a third party. Real Time Auctions Pty Ltd, Realtime Flowers Brisbane and/or staff and agents shall not be responsible for any damage to property or injury to persons incurred during the delivery or removal of product purchased.
Quality Complaints Procedure
In the event of any dispute with arising in relation to these Terms and Conditions you agree to follow the following dispute resolution procedure:
At Realtime Flowers Brisbane (RTFB) we aim to resolve complaints in a prompt, courteous and fair manner. Despite the best interests of all parties, problems can occur with regard to incorrect product shipped, product arriving damaged or product not arriving at all or on time. This document aims to outline our policy on complaints.
Definitions
- ‘Complaint’ is taken to mean a complaint from a buyer submitted to RTFB.
- ‘Hidden deficiency’ means a deficiency that was not visible within one hour of delivery to the buyer, though it must have been present at the time.
Preconditions
- The supplier authorizes RTFB to handle buyer complaints. The complaints procedure is to be financed by the supplier, unless decided otherwise by RTFB.
- The buyer may not reject any batch without the agreement of RTFB and subsequent issuance of a credit note by RTFB.
- The buyer may not claim damages.
Procedure
1. Within 2 hours of the buy taking procession of the product, the buyer must approach Realtime Flowers Brisbane with the entire batch relating to the complaint or details of the batch if the product has been delivered to the buyer. The buyer may also report the complaint, described clearly, by fax or e-mail before 5.00pm on the day they take procession of the product.
2. Complaints can be accepted by phone, fax, mail or email. RTFB will respond by phone or email as appropriate with the next two working days. Although each case will be dealt with on its merits, the general policy is to refund or replace goods where they are found to have been substandard, not delivered or late delivered (ie outside the limits of our guarantees on delivery dates).
3. We will aim to resolve any complaint to our customers satisfaction within one week of the initial contact
4. RTFB will then assess whether the complaint is justified. Any loss of quality must not be attributable to the time kept in storage by the buyer.
5. If the complaint is justified, the buyer may opt for a price discount or return of the sale. If the sale is returned, the batch may be resold. Transport costs will be met by the grower for the return of product to RTFB. If the return of the sale to RTFB is not viable RTFB may request that the buyer destroy the product or RTFB may send an agent to inspect and/or destroy the product. Any costs associated with the RTFB agent will be met by the supplier.
6. If the complaint is not justified, the buyer may choose to re-sell the batch at his/her own cost and risk.
7. When the dispute is found in the buyers favour, credit for the disputed purchase will be actioned immediately via the financial institution concerned. Financial institution charges will not normally be refunded.
8. Realtime Flowers Brisbane decisions on these matters are final.
Exceptions
1. In the case of a hidden deficiency, the complaint must be reported to the RTFB authorised person as soon as the deficiency is observed, at the latest within four hours of receiving the sale, by fax, telephone, e-mail or in writing.
2. The complaint is assessed by Realtime Flowers Brisbane once the buyer has registered with the part of the batch that is still present (if absent, see 3.).
3. At the request of Realtime Flowers Brisbane, the buyer may be required to submit one or more of the following forms of evidence: photographs, a third party inspection report, or a portion of the batch returned. This evidence must be in the hands of Realtime Flowers Brisbane within one day of the initial report. Third parties may only be involved with the consent of Realtime Flowers Brisbane. Initially, any examination costs incurred by third parties are at the buyer’s expense, and are ultimately to be settled by whichever party is ruled against.
4. If the complaint is justified, and the deficiency is determined to have been latently present prior to delivery, and the period of storage by the buyer has not led to loss of quality, the buyer receives a refund of the sale price.
If RTFB is proven to be in error, the buyer may opt for a price discount or annulment of the sale. If the buyer chooses a discount, this is settled by RTFB. If the sale is annulled, the batch is resold at the cost of RTFB, as long as the batch fulfils the minimum quality requirements set. If the batch does not fulfill these requirements, it will be destroyed at the cost of the RTFB.
Grower's Remedies to Disputes
Despite the best efforts of all parties, problems can sometimes occur with incorrect product shipped, product arriving damaged, product not arriving on time or product not arriving at all. We will notify the supplier of any discrepancies between their delivery advice and the product received.
Privacy Policy
By registering with us, you are deemed to have read, understood, accepted and agree to be bound by our Privacy Policy.
Notices
Except as stated otherwise, any notices must be given by postal mail to Realtime Flowers Brisbane, 8 Shoebury St, Rocklea, Brisbane, Queensland, 4106, Australia or to our email address. We may give you notice by certified mail, postage prepaid and return receipt requested or by e-mail to the address provided to us during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Amendments
We may amend these terms & conditions at any time by posting the amendments on our website. All amendments will be effective 3 days after being posted on our site. No waiver of these conditions will be valid unless in writing by us. Continuing to use any our service following the posting of any changes to these terms and conditions will constitute your acceptance of such changes. If you do not agree to any changes to these terms and conditions, do not continue to use our and service.
We reserve the right to transfer, assign or sub-contract all or any of our rights and duties and responsibilities set out in these terms and conditions to another party.
If any part of these terms and conditions are found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Jurisdiction
We comply with the statutes within the state of Queensland, Australia.
Code of Conduct
We comply with the Property Agents and Motor Dealers (Auctioneering Practice Code Of Conduct) Regulation 2001 found here
Auctioneer
The nominated auctioneer for the Realtime Flowers Brisbane is Lennard Walbank (License number 2400093).
Copyright
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or to print hard copies our content for your information and non-commercial use only, no part of any content may be copied, reproduced, adapted, stored in a retrieval system or transmitted, in any form or by any means, without our prior written permission of us.
Questions
If you have any questions about our terms & conditions, contact us at admin@rtfb.com.au
This document may be altered at any time at the discretion of Realtime Flowers Brisbane. |
