Terms and Conditions
1.1 The following words have the corresponding meanings:
- “Goods” means items and objects which Members might list for sale.
- "Market Place” means the section of the Patina Classics website forum where Members may buy and sell Goods.
- “Member” means a subscribed/registered member of Patina Classics.
- “PCL” means Patina Classics Limited
2. DISCLAIMER & ACKNOWLEDGEMENT
2.1 Patina Classics Limited (‘PCL’) provides an online forum for Members of the Market Place to sell and buy Goods among each other.
2.2 PCL is not party to any transaction conducted using the Market Place, nor does PCL own any goods listed for sale, or purport to act on the behalf of either the selling or purchasing party to any transaction.
2.3 PCL shall not be responsible for any loss or damage that results from the use of the Market Place or its website and related services, nor will it be liable to a Member or any other person in connection with the Market Place, its website and related services, any Member’s use of the same, or another Member’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty, or any resulting loss or damage, whether direct or indirect.
2.4 Members acknowledge that PCL may at its discretion vary these terms and conditions from time to time and Members will be bound by any subsequent variation.
3. SAFETY & CONDUCT
3.1 In the interests of promoting Member protection and welfare, PCL will endeavour to ensure that the Market Place is kept free from any of the following:
- Illegal, stolen or unsafe Goods;
- Listings that do not comply with New Zealand law or that infringe intellectual property rights;
- Harmful or offensive conduct;
- Listings or conduct which do not complete with these terms and conditions.
3.2 Member’s acknowledge that it is not practicably possible for PCL to keep the Market Place virtually free from the items listed at clause 3.1 at all times as PCL is not able to first screen and subsequently monitor every listing.
3.3 Should PCL reasonably believe a Member to have participated in any of the conduct listed in clause 3.1, then PCL shall be entitled to exercise any of the following remedies at its discretion:
- Remove the relevant listing(s);
- Revoke the relevant Member’s membership;
- Refer all/any of the relevant Member’s details or information held by PCL to an authority that PCL deems appropriate;
- Take any other measure it deems necessary or appropriate.
4. INTELLECTUAL PROPERTY, CONTENT & USE
4.1 PCL grants its Members you a limited, non-exclusive, non-transferable and revocable licence to use the Market Place and services of PCL ancillary to the Market Place in accordance with PCL’s Terms.
4.2 PCL retains all of its intellectual property rights, including rights in the software and source code used, to provide the Site and Services. Member’s may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Market Place or its website, or commercialise or on-sell any information obtained from the Market Place or its website, without PCL’s prior written consent.
4.3 Member’s confirm that they either own or have permission to use all of the content that they post and upload on the Market Place and its website. Member’s further grant PCL an irrevocable, non-exclusive, perpetual, transferable, sublicensable, unrestricted, royalty-free, irrevocable and worldwide licence, to use, store, display, reproduce, modify, distribute, create derivative works, and save the grantee Member’s content in any manner and on any media or platform, to promote, improve and provide PCL’s Market Place and ancillary services
5. SELLING AND BUYING
5.1 Purchase prices must be GST inclusive.
5.2 All listings must be accurate, current, complete and include all relevant information and the key terms.
5.3 Selling Member’s must deliver the Goods on the agreed terms to the successful purchasing Member, as a binding contract will exist in this event.
5.4 If PCL considers in its sole discretion, that a Member’s sale listing to successful sell rate is so low as to dilute the Market Place with unwanted goods, PCL may limit that Member’s listing capabilities, remove that Member’s listings, or both.
5.5 Successful purchasing Member’s must subsequently promptly pay to the selling Member the agreed purchase price.
6.1 With the advent of our commissions based option, the current commission rate of 9% which includes all fees to ourselves and taxes etc. This 9% commission fee will be charged at the time and date of sale.
6.2 When a Member or a member of the public uses their Credit Card and therefore uses the Stripe Payment Gateway, a 3.5% commission fee will be implemented on top of the observed fee. These are standard commission charges incurred.
6.3 If a Member or a member of the public uses the Poli system of payment, fees will be as observed within the website.
7.1 Members acknowledge that PCL will at no point be party to any transaction with any Member on the Market Place, and as such, will not be responsible or liable for any dispute arising out of a transaction between Members.
7.2 Notwithstanding clause 7.1, if a Member provides PCL with information relating to a dispute between Members and PCL is satisfied the other Member party to the transaction is in breach of these terms and conditions, PCL may elect to exercise its enforcement rights under these terms and conditions against that breaching Member.
8.1 All Members agree to indemnify PCL and hold it harmless against any claim made by any Member or any third party that is in any way related to:
- That Member’s access to or use of the Market Place, its website, or related services of PCL;
- That Member’s failure to complete a transaction;
- That Member’s sale or attempted sale of an Item prohibited under these terms and conditions;
- That Member’s breach of these Terms; or
- any content or Item that that Member submits, posts, transmits or makes available through the Market Place, its website, or related services of PCL.
8.2 Every Member’s indemnity under clause 8 covers all losses, damages or expenses (including legal costs) that PCL may suffer or incur.
9. PAYMENT OPTIONS
9.1 Currently the Patina Classics platform offers three different options for Payment Plans and two different methods of payment. This is to give Registered Members a reasonably diverse choice of how and when they would like to structure their payments.
9.2 The options are as follows :
- Monthly Fee: This option is quite self-explanatory. You will pay a Fee at the time an item is listed. This will cover the item for a month of advertising on the Marketplace. You will be sent a number of email reminders to "RENEW" the listing within the last week of advertising.
- Until Sold Fee: This option costs a little more than the Monthly Fee ( see category pricing options within the Categories Pricing List ! ). although by using this option, you're advertisement item will be able to Remain on the Marketplace pages. Until It Is Sold !! There will be no other fees or commissions!
- Commission Fee System: If using our third option, you will be able to place an item for sale with No initial upfront Fees! It will be necessary to have a definite price for the item advertised, and a prospective buyer will click on the "BUY NOW" tab if they choose to purchase for the advertised price.
9.3 Note: This option can only be used for items $2000 and below. This may suit Members who wish to sell smaller items. The commissions fee percentage for ALL items sold through the Commission Fee System is 9%, which will be deducted directly upon payment of the purchased item.